STUDIO 550 ART CENTER LIABILITY WAIVER & MEDIA RELEASE
I wish to participate in activities and programs presented by Studio 550 or within its premises. I hereby state that I am physically and emotionally fit to engage in the activities and programs offered herein and Studio 550 and its agents are under no obligation to requirement to prove this. I hereby acknowledge that I have the right and responsibility to withdraw myself from any exercise or activity I feel uncomfortable with. I fully understand that I can be asked to leave at any time if I violate any of the rules or standards of the instructors or of Studio 550 or if my actions or conduct are determined to be detrimental to the safety of other participants or the physical space.
By entering into these activities at Studio 550, I knowingly assume all risks involved and hereby release the instructor, Studio 550, staff, respective agents, heirs, successors and assigns from any responsibilities of liability to the undersigned. I hereby unconditionally release, discharge, covenant not to sue, waive my rights and remedies, and agree to hold harmless the activity representatives from any and all claims, costs, demands, losses, damages, injuries, or expenses associated with, in whole or in part, the undersigned’s involvement with the activities. I will inform Studio staff in writing of any changes to this form during the course of my participation at the studio.
I understand clay studio activities here may expose me to silica dust. Long term exposure or exposure above the recommended levels may lead to silicosis, which can be a fatal lung ailment. I agree to abide by the studio silica safe guidelines for dealing with silica dust – basically, make clay dust wet before cleaning and never sweep/vacuum. Good habits are necessary to creating a healthy work environment for myself and for other participants. I hereby acknowledge and understand that activities in some classes may require some physical movement or lifting of 25lbs of more on my own part and on the part of other participants.
I understand that the glass studio has unique potential hazards such as cuts from glass edges, shards, Exacto blades, etc.; abrasion from the grinder or rasp; and burns from the soldering iron. In addition to this, lead-based solder and acid flux is used. Appropriate care will be taken by staff, participants, and guests to ensure the health and safety of all.
I understand movement classes may involve bodily contact with other participants both male and female and may expose me to risk of personal bodily injury or death, resulting from possible negligence or unavoidable incident.
I understand that the staff and instructors of Studio 550 are not physicians or medical practitioners. With that in mind, I release and allow Studio 550 staff and instructors to render temporary first aid in the event of injury or illness and if deemed necessary, to call for medical help.
Occasionally, photos or videos are taken in the facility for promotional purposes only. I give my permission to Studio 550 to use pictures that may be taken of myself, my child(ren), or my guests for fliers, brochures, or online publications.
I have read and voluntarily sign this release and waiver of liability and further agree that this may not be modified orally. No oral representations, statements or inducements apart from this written agreement have been made.
10-week class changes or cancellations: Before you cancel your class, if there is anything you are dissatisfied with, please let us know. If it is bothering you, it may be bothering others and we would like to make everyone’s experience at Studio 550 a great one. If you need to cancel a class, up until 7 days before the class you get a 100% refund, or you can credit the amount to another class, after the first class you get 75% refunded. Given the short nature of our class sessions, after the second class no amount will be refunded.
Workshop Changes or Cancellations: If something needs to change, please get in touch with us as soon as you can. There are no refunds for no-shows or cancellations made within 24hours of the start of the workshop. However, we are happy to reschedule you to another day or time where there is an opening.
Gallery returns: You get a full refund, minus shipping and handling costs, if the return happens within 30 days of purchase and the purchase is returned in a new/unused condition with receipt.
TERMS AND CONDITIONS FOR USE OF WEBSITE
1.1 Your access to and use of Studio 550’s online gallery storefront and any related service is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
3.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United States and are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of our Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
Studio 550 is the sole owner of information provided and/or collected on this site. We will not sell, share, or rent this information to others in any way different from what is disclosed in this statement.
We will never share, sell, or rent your personal or business information with third parties for their promotional use. We may disclose or report information in limited circumstances where we believe in good faith that disclosure is required under the law.
We take every precaution to protect the confidentiality and security of your information by using industry-recognized security safeguards coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration.
3.2 We use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
4 USER ACCOUNT, PASSWORD AND SECURITY
You will be asked to open an account to complete the purchasing process with a username and password. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Studio 550 be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
5 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Studio 550 will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.9 Impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party?s use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Studio 550 is not responsible for the content or availability of any such sites.
9 INTERNATIONAL USE
9.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
9.2 All transactions and monetary denominations on the site are in US dollars.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
10.2 Studio 550 does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold Studio 550 harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Studio 550 by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Studio 550 in consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, Studio 550 will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
12.3 Studio 550 makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Studio 550 for death or personal injury as a result of the negligence of Studio 550.
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.