Work(s) of Art: The term “Work of Art” or “Works of Art” shall include any painting, drawing, sketch, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the Paint Nite Library. The term “planting” shall include any planting or other creation created at your Event, and is included in the definition of“Work of Art.”
The Company is an entertainment service that will provide you with an evening of instruction at the venue. The Company reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how the Company operates the Service. Any description of how the Service works should not be considered a representation or obligation with respect to how the Service will always work, as the Company is constantly making adjustments to the Service and often these adjustments are not completely captured within these Terms.
While the Company will endeavor to make the artist/instructor you have requested available for the Event, the availability of a specific artist/instructor at the Event may change at the Company’s sole discretion without notice to you.
Materials Provided
The Materials, including all paints, canvases, brushes, easels, aprons, Plantings and other supplies necessary for the Event (to be determined in the sole judgment of the Company) (“Equipment”) will be provided for the Event. The quality of the paint, canvases, brushes, easels, aprons, Plantings 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 Company.
To the extent there will be in excess of twenty Event Attendees, you must inform the Company of the number of additional Event Attendees at least forty-eight hours in advance of the Event, in order to allow for the proper number/amount of supplies to be at the Event.
The Company makes no representations or warranties about the quality of the painting and/or planting of Event Attendees or the individual experiences of Event Attendees. Every painting and/or planting will be unique and the expectation that any painting and/or Planting created at the Event will be a facsimile of the Work of Art depicted on the Website is patently absurd.
The Company 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 Company makes no representation as to the exact amount of instruction time at the Event.
The venue may have capacity limitations for the Event. The Company will confirm that the venue you choose has capacity for the number of guests you originally schedule for the Event. You must provide a final headcount to the Company at least 48 hours prior to your Event. To the extent you increase the number of Event Attendees after you originally schedule the Event, there may not be enough space to accommodate the increased number. The Company recommends that you arrive at the venue 30 minutes prior to the start of the Event.
The Company may change what Work of Art will be instructed on a particular night and may make such change without notice to you.
Company Works of Art are developed by, and for, the Company. With the exception of your Work of Art at the Event, you may not copy or reproduce Company Works of Art or any portion thereof, and you may not sell, lease or distribute any reproduction of any Company Work of Art, including the Work of Art that you create at your Event. Any unauthorized uses of Company Works of Art are strictly prohibited. Each Event Attendee may take the Work of Art they created at the Event with them at the conclusion of the Event.
Any personally identifying information submitted through the Service is subject to the Company’s Privacy Policy, the terms of which are incorporated herein by reference.
By using the Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from the Company notwithstanding that you signed up for a Paint Nite or Plant Nite event. For example, the Company may send you newsletters about new Company features, special offers, promotional announcements and customer surveys via email or other methods. For Canadian customers, your express and/or implied consent begins from the moment you utilize the Service, and lasts until you (a) inform the Company that you no longer wish to receive such communications or (b) two years, whichever period is shorter. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email
[email protected] and ask to be removed from such future correspondence. You may also contact the Company by regular mail at 22 Kent Street., Somerville, MA 02143 USA.
In addition, by utilizing the Service you expressly and/or impliedly consent to receiving electronic communications from the Company relative to your purchase, including notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the Service. These communications are part of your relationship with the Company and you receive them as part of the Service. You agree that any notice, agreements, disclosure or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
The Company will not sell your email address to any third party.
Company promotions may not be utilized in conjunction with any Private Event.
Ticket fees and charges are fully earned upon payment. The Company will require the \$840 to confirm your Event. If you have over 20 attendees, the Company will charge the balance once the final headcount is established at least 48 hours in advance of your Event (as set forth in Section II hereof). The Company will set up a payment link where you can submit payment via credit card. Your payment is refundable (as a credit towards a future event) if you cancel more than 15 days before the Event, but in such case you may only reschedule your Event once. Payment is not refundable if your Event is cancelled within 15 days of the Event.