TERMS and
CONDITIONS
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Pour Sip Paint offers art/painting instruction for both education and entertainment purposes. We offer private events and public hosted events at local eateries, pubs and restaurants. Each Paint Party is a unique event. We focus on completing one work of art in about 2 hours while our "students" enjoy the optional food and drinks available at the venue.
Events are limited to 21 and over unless otherwise noted on the event page, if requested, Participant(s) must carry and immediately provide proof of identity and age to the host and/or venue. Private Events may be organized in a public venue or the privacy of your own home, by contacting us through our website and are subject to their own Policies.
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The example painting and lesson are used as a guides to follow and each person will be going home with their unique interpretation of the artwork. The finish work will have its own style and beauty that may be quite different than the original. Students are not required to copy exactly as shown and may diverge from the instructors lead. The paint party is intended to be a fun night out not an academic course.
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We reserve the right to ask anyone to leave that may be abusive or belligerent with any Pour Sip Paint Staff, other participants, venue employees or their customers.
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SUPPLIES
All Paint Party supplies such as paints, brushes, canvases or any other items needed for the completion of the artwork will be provided. Pour Sip Paint provides aprons you may use but will be held harmless for damages arising from paint as we expressly advise you to wear clothing that you may get paint on.
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We will make every effort to start each event on time and help each individual to complete their project.
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PAYMENT
Ticket purchases are billed at the time of purchase. We do require reservations with payment to secure seats and uphold a strict Cancellation Policy (see bellow). To register with a Gift Certificate, proceed to registration for the class of your choice, during the payment options there will be a place for you to enter the code off of the certificate.
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CANCELLATION
You may cancel your Pour Sip Paint ticket at any time. This is a live entertainment event. The Cancellation/Refund policy is non-negotiable. We understand that last minute emergencies and unforeseen events happen, but due to the nature of this event, the Cancellation/Refund policy will be applied without exception. A refund will be given for individuals canceling with at least 48 hours notice. A class credit will be given for individuals canceling with at least 24 hours notice. Requests less than 24 hours or "NO SHOWS" will not be issued class credit or refund. No exceptions. If you are late to the class you may not be allowed to paint and your payment will be forfeited. Private Events and Fundraisers must cancel no less than 72 hours for a refund, no class credit is offered for Private Events and Fundraisers. Participant must notify via email to give prior notice of cancellation or reschedule. Pour Sip Paint reserves the right to cancel classes for unforeseen circumstances. Registrants will be notified prior to class time and refunds will be processed.
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Bad Weather: Class will cancel if a weather emergency is declared or we determine the roads to be unsafe to travel on, otherwise our cancellation policy is as stated above. In the rare case of a class cancelling due to poor weather conditions, class credit will be issued to all registered guests. Please see our website for updates in a case of questionable weather.
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We reserve the right to change any painting class start time, date, ticket price or venue. We will notify customers by email if those changes are made. If our painting class is rescheduled or canceled, we reserve the right to issue a refund or substitute your purchase with another painting class event ticket of greater or the same value. If you enter your friend(s)’ name, you will be charged for their tickets.
SOCIAL MEDIA
We want to show off how much fun we're having and reserve the right to display and promote images of our paint party participants on social media interfaces such as Facebook, Instagram, Google+ and other blogs or networks. By purchasing Ticket(s) and arriving at our Event(s), you agree to provide Pour Sip Paint the full right to upload your personal image/photograph of the painting class party event to any of Pour Sip Paint's social media platforms, including electronic mail (emails) for promotional, presentation, marketing purposes.
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PRIVACY POLICY
We do not share our email list with any other company or promoter.
Email list - To be added or removed from our email list scroll to the bottom of the page, enter your email address and choose either "subscribe" or "unsubscribe"
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VENUE(S)
You may encounter Third-Party Services ("TPS"), such as food and beverage services, from the venues where you interact with Pour Sip Paint. These TPS are provided solely as a convenience to you, and Pour Sip Paint is not responsible for and does not endorse the food, beverage or service provided. You understand that you are responsible for all additional charges you incur at the Event, including, but not limited to food and beverage charges. You will need to make your own independent judgment regarding your purchases and arrangement of payment. By using such third-party services, you acknowledge and agree to the following: (i) your use of an third-party services may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if Pour Sip Paint has not provided such information; and (ii) your USE OF AN third- party service IS AT YOUR OWN OPTION AND RISK, and you will hold Pour Sip Paint harmless from damages, and for the sharing of information relating to your Pour Sip Paint experience that results from your use of an third-party service. If you have any questions, concerns, complaints, or claims about the third-party services, you should contact the support or contact personnel of the third-party services and not Pour Sip Paint, unless otherwise indicated by Pour Sip Paint. Pour Sip Paint DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF third-party services.
WEBSITE TERMS and CONDITIONS of USE
By visiting PourSipPaint.com and/or purchasing your Pour Sip Paint ticket(s) (the “Ticket”)! These Terms of Use (the “Terms”) govern your use of the Pour Sip Services Service, as well as the use of the Ticket, including all features of Pour Sip Paint's website (the “Website”), user experience, all content associated therewith (collectively the “Pour Sip Paint Service” or “Service”). When you or the person for whom you have purchased the Ticket eventually utilize the Ticket you/they will sign up for an Pour Sip Paint event (the “Event”) and will then be bound by the Event’s own set of terms and conditions. By using, visiting, or browsing the Website and it's affiliated sites, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Pour Sip Paint Service, including the Website, and you should not purchase the Ticket.
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The following contains the "Terms and Conditions" for www.poursippaint.com and it's affiliated sites. The "Terms and Conditions" is also referred to as our "Disclaimer". Our Terms and Conditions constitute a "Legal Agreement" between every Visitor to our website and/or Participant of our Painting Classes. Our Terms and Conditions are subject to change at any time with or without prior notice.
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The term “Event” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend.
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.
The term “venue” shall mean the location where the Event will take place.
The term “Website” shall mean the website hosted by www.PourSipPaint.com (and all pages contained therein).
The term “Ticket” shall mean a revocable license or licenses which you or a person for whom you have purchased the Ticket may utilize to attend the Event, and includes any gift Ticket purchased.
Our website contains copyrighted and proprietary information. No visitor or Participant is allowed to download or share any images or text from our site. No visitor or Participant is allowed to recreate our website for personal use, that includes saving our website in full or in part on their hard drive or in a PDF or other file.
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RIGHT TO TERMINATE
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE POUR SIP PAINT END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE POUR SIP PAINT AND RELATED THIRD-PARTY. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
FOR PRIVATE EVENTS, Pour Sip Paint and Customer hereby agree as follows:
a. Customer shall hold harmless and indemnify Pour Sip Paint from any and all liability, claims, actions and judgments, including costs of defense and attorney’s fees incurred in defending against same, arising from and related to Pour Sip Paint’s use of the Premises, including without limitation any claim arising out of damage to any and all property of Customer. Pour Sip Paint’s actions shall include the acts of Pour Sip Paint’s employees, assistants, agents, and affiliates (collectively, “Pour Sip Paint Affiliates”).
b. Pour Sip Paint shall be entitled, within its reasonable discretion, to settle any and all claims, and in such event, Customer shall indemnify and hold harmless Pour Sip Paint for any such claims paid, including Pour Sip Paint’s reasonable attorney fees incurred resulting from any such claim.
c. In the event either party files suit in a court of law to interpret or enforce the terms of this Agreement, the party prevailing in such action shall be entitled, in addition to any legal fees incurred in defending against any third party claim, to its reasonable legal fees and costs incurred in such actions to interpret or enforce the terms of this Agreement.
3. Customer hereby states and acknowledges that Customer is the legal owner of the Premises and agrees to indemnify Pour Sip Paint and Pour Sip Paint Affiliates in the event any claim, action and judgment, including costs of defense and attorney’s fees incurred in defending against same, arising out of this Agreement is brought against Pour Sip Paint and Pour Sip Paint Affiliates by any other person, natural or legal, claiming to own the Premises or any interest therein.
4. This Agreement shall be governed by the laws of the State of Washington.
5. No provision of this Agreement shall be amended, modified or changed without the prior written agreement of both parties.
6. If any one or more of the provisions of this Agreement shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall be stricken from this Agreement and the remaining provisions hereof shall be read and construed as if such invalidity, illegality or unenforceability had never been included herein. The validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the balance of this Agreement shall remain in full force and effect.
7. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by any party. Failure to enforce any provision of this Agreement shall not be deemed a waiver of the right to do so at any time thereafter and shall not operate or be construed as a waiver of the right to enforce such provision at a later date. Customer / client agrees to hold Pour Sip Paint harmless of any and all incurred charges relating to any situations that may be causes due for any reasons. Customer / Client fully agrees Pour Sip Paint maximum financial liability to customer or client or entity including third party is limited to the amount paid by customer or client for such event or party.
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PRIVACY AND COMMUNICATIONS PREFERENCES
Any personally identifying information submitted through the Pour Sip Paint service is subject to our Privacy Policy, the terms of which are incorporated herein.
By using the Pour Sip Paint service, you consent to receiving electronic communications from Pour Sip Paint. These communications will include 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 our service. These communications are part of your relationship with Pour Sip Paint and you receive them as part of the Pour Sip Paint service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Pour Sip Paint is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to website, including Facebook and Instagram, 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 Pour Sip Paint service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sub-license 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 Pour Sip Paint 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 Pour Sip Paint. 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 PaintingCircle.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
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Disclaimers of Warranties and Limitations on Liability
POUR SIP PAINT, INCLUDING OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES ASSOCIATED WITH THE POUR SIP PAINT SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE POUR SIP PAINT SERVICE, OUR WEBSITE AND USER EXPERIENCE, AND ALL CONTENT ASSOCIATED THEREWITH. POUR SIP PAINT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE POUR SIP PAINT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT POUR SIP PAINT MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF POUR SIP PAINT SERVICES, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. POUR SIP PAINT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIRD-PARTY SERVICES, POUR SIP PAINT PAINTINGS, AND POUR SIP PAINT EQUIPMENT. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Pour Sip Paint or on the Pour Sip Paint website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Pour Sip Paint and/or website or user interfaces, (iv) delivery and or display of any content contained on the Pour Sip Paint website, or otherwise through the Pour Sip Paint service; and (vii) any losses or damages arising from the use of the paint or equipment provided at the Pour Sip Paint paint class or otherwise through the Pour Sip Paint service itself, including any losses or damages arising from the Pour Sip Paint service, website or equipment. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PAINTING. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on events from the Pour Sip Paint service or the descriptions of any event content contained on our website and user interfaces. We do not represent or guarantee that your use of the Pour Sip Paint service will be free from interruption, we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Pour Sip Paint.
IN NO EVENT SHALL POUR SIP PAINT, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES 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 PAINT, 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 POUR SIP PAINT, OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO POUR SIP PAINT, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. It is Your responsibility to take care of your property during and after our event. We are not responsible for any lost or stolen property, or any property you may have left behind at any of our events. We will make our best effort to help you search/or report any stolen or lost property, or any property left behind, so as long as we have been notified of the problem in a reasonable and timely manner.
DEFENSE and INDEMNITY
You agree to defend, indemnify, and hold Pour Sip Paint 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 Pour Sip Paint that are related to such circumstances.
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ARBITRATION AGREEMENT
You and Pour Sip Paint agree that any dispute, claim or controversy arising out of or relating in any way to the Pour Sip Paint service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pour Sip Paint are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. If you elect to seek arbitration, you must first send to Pour Sip Paint, by certified mail, a written Notice of your claim (“Notice”). Unless both you and Pour Sip Paint agree otherwise, the arbitrator may not consolidate more than one person's claims with your 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.
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