Painting at My Place Terms of Use – Painting at My Place

This page was last updated on October 25, 2018.

Thank you for purchasing your public Painting at My Place and your ticket(s). These Terms govern your use of the art studio services and the ticket(s) you purchased (the “Ticket”), as well as the use of the Ticket, including all features of the website located at www.PaintingAtMyPlace.com and (the “Website”), user experience, and all content associated therewith (collectively the “Service”). When you or the person for whom you have purchased the Ticket eventually utilize the Ticket you/they will sign up for an event (the “Event”) and will then be bound by the Event’s own set of terms and conditions. By using, visiting, or browsing the art studio services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the art studio services, including the Website, and you should not purchase the Ticket(s).

Terms and Conditions

All Painting at My Place events are subject to Painting at My Place terms and conditions found here.

These Terms are also a resource for you to get a deeper understanding of how the art studio services work, including the kinds of data collected, how Tickets are processed, and how Painting at My Place interacts with you and other useful details about the art studio services. Painting at My Place Studio hopes you enjoy your experience. You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself and any Event Attendees.

Definitions

The term “Event” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend; “Event” further includes each type of experience (canvas painting, rock painting, multimedia painting, etc.) for which your ticket is purchased, and your attendance at any Event subjects you to these Terms of Use.
Payment Method – The term “Payment Method” means the method of your payment for the Ticket that you indicated during your purchase of the Ticket.
All references herein to “you” or “your” shall mean and refer to the person who purchased the Ticket, and includes any persons that eventually utilize the Ticket to attend the Event (defined in these Terms as an “Event Attendee” or “Event Attendees”).
The term “venue” shall mean the location where the Event will take place (my place), at the studio or some other designated location (your place).
The term “Website” shall mean the website: http://www.PaintingAtMyPlace.com(and all pages contained therein).
The term “Ticket” shall mean a non-refundable entry fee which you or a person for whom you have purchased the Ticket may utilize to attend the Event, and includes any gift Ticket purchased. Tickets are subject to expiration date 12 months from the date of purchase.
Work(s) of Art: The term “Work of Art” or “Works of Art” shall include any painting, drawing, sketch, stencil or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in Painting at My Place The term “planting” shall include any rock art, multimedia or other creation at your Event, and is included in the definition of “Work of Art.”

Headings

Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted.

Art Studio Services

Painting at My Place is a private studio designed for instruction and entertainment in group settings, or one-on-one teaching experiences. Services may also be provided at various other locations and venues.

Painting at My Place reserves the right in its sole and absolute discretion to make changes from time-to-time, with or without notice, in how it operates the art studio services. Any description of how the art studio services work should not be considered a representation or obligation with respect to how the art studio services will always work, as Painting at My Place is constantly making adjustments to the art studio services and often these adjustments are not completely captured within these Terms.

Painting at My Place reserves the right to terminate or restrict your use of the art studio services, without notice, for any or no reason whatsoever, at any time. Painting at My Place does not warrant any of materials used in connection with the art studio services, nor does Painting at My Place warrant the operation of the art studio services.

Start Time, Capacity and Materials

Painting at My Place will make every effort to begin the instruction at the designated start time and complete the instruction in under two hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and the Painting at My Place makes no representation as to the exact amount of instruction time at the Event.

You may not be able to attend the Event due to capacity limitations of the venue. The current studio capacity is 8 places. It is recommended that you purchase your advance ticket to secure your place. Painting at My Place Studio recommends that you arrive at least 15 minutes prior to the start of the Event.

The availability of events at particular venues will change from time to time and could potentially change on the day of the Event. The availability of a specific artist/instructor at the Event may change at the Painting at My Place’s sole discretion. While Painting at My Place will endeavor to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at the Painting at My Place’s sole discretion without notice to you. In the event the location is changed, you will be notified by your elected communication channel (email, text, etc.)

The Materials, including all paints, canvases, brushes, easels, aprons and paint shirts, and other supplies necessary for the Event (to be determined solely by Painting at My Place staff) will be provided for the Event, unless otherwise noted. The quality of the paint, canvases, brushes, easels, aprons, and artist/instructor may vary from event to event, and venue to venue, and may be affected by a variety of factors outside of the control of the Painting at My Place.

Your Conduct When Utilizing Art Studio Services

Painting at My Place studio offers a broad range of painting techniques and styles, as well as painting surfaces. Rock-n-crylics, wood and tile projects and other multimedia painting projects to the terms and conditions set forth herein. By accessing the art studio services, including the Website, you agree to use the art studio services, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the art studio services or content therein. You also agree not to interfere with the instructors, Event assistants, customers or anyone connected to any portion of the art studio services, or to violate any of the procedures, policies or regulations of establishments or venues connected to the art studio services. You also agree not to impersonate any other person while using the art studio services, conduct yourself in a vulgar or offensive manner while using the art studio services, or use the art studio services for any unlawful purpose

During an Event or in social media posts related to your Event, you agree not to submit or use any content that:

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable;
contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current.

You agree that any content you submit does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. Painting at My Place reserves the right, but is not obligated, to reject and/or remove any content from its platforms, marketing materials, etc. that Painting at My Place believes, in its sole discretion, violates any of the foregoing provisions.

Final Product, Work of Art, Intellectual Property

Painting at My Place makes no representations or warranties about the quality of any Work of Art or individual experience at the Event. Every Work of Art created by you will be unique, and the expectation that your Work of Art will be a facsimile of the Work of Art depicted on the Website is patently absurd. Painting at My Place may change which Work of Art will be instructed at the Event and may make such change without notice to you. Unauthorized use of designs of Painting at My Place are prohibited. Works of Art are developed by, and for, the Painting at My Place. With the exception of the Work of Art you create at the Event, you may not copy or reproduce Works of Art or any portion thereof, and you may not sell, lease or distribute any reproduction of any Work of Art, including the Work of Art that you create at your Event. Any unauthorized uses of Works of Art or the Website are strictly prohibited.

You agree that Painting at My Place is and shall remain the sole owner of all rights, title, and interest in and to any and all Works of Art, and that you shall only have the limited right to utilize a Work of Art for your Event and/or the promotion of an Event, and for no other purpose. At the conclusion of your Event, you may take your own Work of Art with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the Work of Art you created (or any reproduction thereof).

You acknowledge that you do not have, acquire or retain any rights to any such Works of Art after the end of your Event (or after repeat Events utilizing the same Work of Art).

You acknowledge that any photographs taken at your Event, which photographs depict in any manner the Work of Art, the set-up of your Event, the participants or instructors or staff at your Event, you, or the equipment, materials, supplies or marketing materials related to Painting at My Place in any way, shall become the property of Painting at My Place, and that Painting at My Place is free to use all such materials at its sole and absolute discretion, including editing and/or altering any portions of any such photographs, and using such materials in any manner, including, but not limited to Painting at My Place related marketing or advertising.

Privacy and Methods of Communication

Any personally identifying information submitted through the art studio services is subject to the Painting at My Place’s Privacy Policy, the terms of which are incorporated herein by reference.

By using the art studio services, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Painting at My Place notwithstanding that you signed up for a Painting at My Place event. For example, Painting at My Place may send you newsletters about new Painting at My Place features, special offers, promotional announcements and customer surveys via email or other methods. Your express and/or implied consent begins from the moment you utilize the art studio services, and lasts (a) until you inform Painting at My Place that you no longer wish to receive such communications or. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email info@paintingatmyplace.com and ask to be removed from such future correspondence. You may also contact Painting at My Place by regular mail at 12208 N. 19^th Avenue, #82343, Phoenix, AZ 85071.

In addition, by utilizing the art studio services you expressly and/or impliedly consent to receiving electronic communications from the Painting at My Place, and the Painting at My Place’s licensees relative to your purchase, including, but not limited to notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), information concerning or related to the art studio services, and marketing and promotional information. These communications are part of your relationship with Painting at My Place and you receive them as part of the art studio services. You agree that any notice, agreements, disclosure or other communications that Painting at My Place sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

The Painting at My Place will not sell your email address to any third party.

Cancellation and Rescheduling

Classes are limited to 8 students. Pre-paid advance reservations and payments are required and non-refundable. In the event you need to cancel, you may reschedule without a rescheduling fee if you notify Painting at My Place of your intent to cancel 72 hours prior to your scheduled painting event start time. All Events are subject to being rescheduled, at instructor discretion, if less than 3 students RSVP with prepaid reservation. A rescheduling fee will apply if you fail to cancel your Ticket 72 hours prior to the event beginning. A cancellation of 71 to 0 hours prior to the event will result in a $15 rescheduling fee to be collected prior to the new event reservation confirmation.

If you need assistance, you may find answers and reach Customer Service at any time at info@paintingatmyplace.com. Also you can visit the Painting at My Place’s FAQ page at www.PaintingAtMyplace.com where you will find the answers to many frequently asked questions.

Social Media and Customer Reviews

You can connect Painting at My Place to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your account with any Social Media Accounts, you will be able to take advantage of various social features Painting at My Place may already have or will be creating, as part of the art studio services, as well as features available on such Social Media Accounts. These features will be designed to share information with others – the essence of social media.

For example, your friends and others who have access to view information about you on Facebook may be able to see (on Facebook and on the Website) that you are a Painting at My Place customer as well as what you have created, eaten or had to drink, with whom you attended an event, and other information about your use of the art studio services. You may also be able to see similar information about your Facebook friends who are connected with the Painting at My Place.

In addition, Painting at My Place may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, and “Likes.” Please pay careful attention to your Facebook Connect settings in “Your Account” as well as your Privacy Settings in your Social Media Accounts which will impact this feature and may give you some control over the information that is shared and with whom it is shared.

BY CONNECTING A PAINTING AT MY PLACE ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR PAINTING AT MY PLACE ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT PAINTING AT MY PLACE AT info@paintingatmyplace.com TO HAVE YOUR INFORMATION REMOVED. Painting at My Place and social media companies are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms.

Painting at My Place encourages you to post reviews of events through the art studio services. Painting at My Place reserves the right to promote, reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on Painting at My Place or its personnel, misleading information regarding the origin of the content; or a discussion of Painting at My Place policies or services. You understand and agree that Painting at My Place may, but is not obligated to, review the content and may delete or remove it (without notice) in Painting at My Place’s sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, PAINTING AT MY PLACE MAY DISPLAY YOUR RATING OF EVENTS. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF AN EVENT, TO A PUBLIC FORUM, INCLUDING OTHER CUSTOMERS OF, AND VISITORS TO, THE ART STUDIO SERVICES. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW AN EVENT FEATURE.

The Review an Event feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

Right to Display and Promote

Painting at My Place provides painting instruction and entertainment services and reserves the right to display and promote the filmed or photographed entertainment or other information through the art studio services, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner the Painting at My Place chooses in Painting at My Place’s sole and absolute discretion. In addition, the art studio services allows you and other third parties to post reviews or comments concerning the entertainment distributed by the Painting at My Place on Social Media Accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the art studio services are those of the respective authors or producers and not of Painting at My Place, or its members, managers, directors, officers, employees, attorneys, affiliates, licensees, employees or agents of licensees, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall Painting at My Place, or its members, managers, directors, officers, employees, employees or agents of licensees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the art studio services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the art studio services.

Painting at My Place is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Painting at My Place (“Feedback”), including responses to questionnaires or through postings to the art studio services, including the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the art studio services. Painting at My Place may also share your information with third parties for purposes of Painting at My Place’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Painting at My Place, or in responding to questionnaires, you grant Painting at My Place a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future.

Please note Painting at My Place does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to Painting at My Place. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Painting at My Place, its members, managers, directors, officers, employees, attorneys, affiliates, licensees, employees or agents of licensees, subsidiaries, parent companies, successors, or assigns regarding the use of such materials and ideas, even if materials or ideas are used that are substantially similar or identical to the material or idea you sent.

Website, Links and Pages

Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by Painting at My Place or affiliated with Painting at My Place. In addition, other websites may link to the Website or Painting at My Place may include links to the websites of businesses, including those that have associations with Painting at My Place through certain programs. These pages may provide links to third parties. Painting at My Place has not reviewed these websites and you agree that Painting at My Place is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. You acknowledge and agree that Painting at My Place is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, their products or the contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which Painting at My Place recommends you read carefully.

Purchasing Tickets/Services

By purchasing a Ticket, you are expressly agreeing that Painting at My Place is authorized to charge you a fee at the then current rate for such Ticket, and any other charges you may incur in connection with your use of the art studio services to the Payment Method you provided during your Ticket purchase. Please note that prices and charges are subject to change with notice.

As used in these Terms, “purchase” shall indicate either a charge or debit, as applicable, against your Payment Method. The Ticket fee will be billed on the day you purchase the Ticket and not on the day you utilize the Ticket. All Events require pre-payment of Tickets in advance of the Event execution.

You acknowledge that the amount billed for each Ticket you purchase may vary from day-to-day for reasons that may include differing amounts due to promotional offers, and you authorize Painting at My Place to charge your Payment Method for such varying amounts according to event Ticket purchased.

Ticket fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED TICKETS. Your Ticket expires 12 months from the date of purchase. At any time, and for any reason, Painting at My Place may provide a refund, discount, or other consideration (“credits”) to some or all of Painting at My Place’s customers. The amount and form of such credits, and the decision to provide them, are at Painting at My Place’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate Painting at My Place to provide credits in the future, under any circumstance. Painting at My Place may change the fees and charges in effect, or add new fees and charges from time to time, but Painting at My Place will give you advance notice of these changes by email.

Painting at My Place will bill the Ticket fee to the Payment Method you provide to Painting at My Place during your purchase of the Ticket.

You agree to conduct transactions, including, but not limited to the purchase of your Ticket and the acknowledgement of these Terms and future transactions by electronic means.

Gift Ticket Certificate and Promotional Purchases

Gift Tickets may only be utilized to attend the Event, and may not be exchanged for any other item. Each gift Ticket has a maximum value as shown on the face of the Ticket. Gift Tickets are not refundable and have no cash value. By redeeming your gift Ticket, you agree that Painting at My Place has satisfied all of its obligations with respect to the redemption thereof. Gift Tickets expire 12 months from the date of purchase and may be used to attend an eligible Event.

Painting at My Place promotional pricing may not be combined with any other offers or your Ticket. Only one pricing discount may be used per individual Ticket purchased. You may cancel your Event with Painting at My Place at any time, however, there are no refunds or credits for unused Tickets.

Disclaimers of warranties and limitations on liability

THE ART STUDIO SERVICES, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE ART STUDIO SERVICES, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PAINTING AT MY PLACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ART STUDIO SERVICES, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE ART STUDIO SERVICES, AND YOUR EVENT. PAINTING AT MY PLACE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ART STUDIO SERVICES, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE ART STUDIO SERVICES, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PAINTING AT MY PLACE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ART STUDIO SERVICES AND YOUR EVENT, INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. PAINTING AT MY PLACE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF WORKS OF ART AND EQUIPMENT. Without limiting the foregoing, Painting at My Place assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of Painting at My Place): (i) errors or omissions in the content delivered by the art studio services or on the Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the art studio services and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Website, or otherwise through the art studio services; and (v) any losses or damages arising as a result of or related to your Event, or otherwise through the art studio services itself, including any losses or damages arising from the art studio services, Website, Equipment, or your Event. PAINTING AT MY PLACE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR WORK OF ART. In addition, Painting at My Place does not represent or warrant that the information accessible via the Website is accurate, complete or current. Painting at My Place does not make any representations with respect to the content contained on events from the art studio services or the descriptions of any event content contained on the Website and user interfaces. Painting at My Place does not represent or guarantee that your use of the art studio services will be free from interruption, and the Painting at My Place disclaims any liability with respect thereto. No oral or written information or advice given by Painting at My Place’s authorized representative shall create a warranty or otherwise constitute a representation binding upon the Painting at My Place.

IN NO EVENT SHALL PAINTING AT MY PLACE, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS, SUBSIDIARIES, PARENT COMPANIES, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ART STUDIO SERVICES, THE WEBSITE, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE ART STUDIO SERVICES, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL PAINTING AT MY PLACE’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE ART STUDIO SERVICES, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE ART STUDIO SERVICES, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

Governing Law and Venue

The Terms and the policies and procedures set forth on the Website and any and all disputes between you, including all Event Attendees, and Painting at My Place shall be governed in accordance with the laws of the State of Arizona, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.

You, including all Event Attendees, and Painting at My Place agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your purchase of your Ticket shall be arbitrated, as set forth in the State of Arizona Statues before either (i) JAMS arbitration service, (ii) the American Arbitration Association, or (iii) such other arbitrator as may be agreed to by you and the Painting at My Place in writing.

This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Event.

In the event the agreement to arbitrate set forth herein is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you, including all Event Attendees, and Painting at My Place agree that any action or proceeding involving any dispute arising out of or in connection with your Event, these Terms or the policies and procedures set forth on the Website shall be brought only in the State of Arizona, and you, including all Event Attendees, and Painting at My Place hereto irrevocably consent and submit to the exclusive jurisdiction within the State of Arizona in respect of any such proceeding before the federal District Court for the District of Arizona.

Arbitration agreement

You and Painting at My Place agree that any dispute, claim, action, or controversy arising out of or relating in any way to the art studio services, including the Website, user interfaces, these Terms, the Ticket you purchase, and the Event shall be determined by binding arbitration instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. You, including all Event attendees for whom or who actually utilize the Ticket purchased by you (an “Event Attendee” or “Event Attendees”), and Painting at My Place agree that ARS, et seq., governs the interpretation and enforcement of this provision, and that you, Event Attendees, and Painting at My Place are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the conclusion of the Event.

If you or an Event Attendee elects to seek arbitration, you must first send to Painting at My Place, by certified mail, a written notice of such claim (“Notice”). The Notice to Painting at My Place must be addressed to: General Counsel, Painting at My Place, 12208 N. 19^th Avenue #82343, Phoenix, AZ 85071. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated. You and Event Attendees agree that the failure to provide the notice referenced in this paragraph shall result in the dismissal of any action or arbitration preceding you bring.

YOU, INCLUDING ALL EVENT ATTENDEES, AND PAINTING AT MY PLACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you, including Event Attendees, and Painting at My Place agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Force Majeure, Severability and Survival

Neither you nor Painting at My Place shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability.

The failure of Painting at My Place at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof, and Painting at My Place may at any time demand strict and complete performance of said terms, covenants and conditions.

If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect. You agree that in the event of any ambiguity in these Terms, there will not be any adverse construction against either you or Painting at My Place on the grounds that Painting at My Place drafted these Terms.

Both your and Painting at My Place’s obligations in these Terms, which by their nature, have significance after the conclusion of the purchase of your Ticket and attendance at the Event, shall survive the termination or expiration of these Terms and the conclusion of the purchase of your Ticket and attendance at the Event.

Defense and Indemnity

You agree to defend, indemnify, and hold Painting at My Place harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the purchase of your Ticket and (ii) all disputes, claims, actions, or controversies related in any way to any Event Attendees’ attendance of the Event, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by Painting at My Place that are related to such circumstances.