These Terms are also a resource for you to get a deeper understanding of how Artistic Fusion, including the kinds of data collected, how bills are processed, how Artistic Fusion provides services to you.
- The term “Activity” means the activity you have chosen to participate in.
- Payment Method – The term “Payment Method” means the method of your payment for the Activity that you indicated during your registration for the Activity.
- All references herein to “you” or “your” shall mean and refer to the person who purchases a Ticket(s) for the Activity, and includes any persons that attend the Activity utilizing Tickets purchased by you.
- The term “venue” shall mean the location where the Activity will take place.
- The term “Website” shall mean the website hosted by Artistic Fusion: www.artisticfusioncraftstudio.com (and all pages contained therein).
- The term “Ticket” or “Tickets” shall mean a revocable license sold to you and for which you have access to the Activities.
- Work(s) of Art: The term “Work of Art” or “Works of Art” shall include any design, painting, image, drawing, sketch, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner by Artistic Fusion.
WHAT WE DO
Artistic Fusion is a venue that provides entertainment through a variety of craft projects. It is also an event venue available for rent for private parties and events.
Artistic Fusion reserves the right in its sole and absolute discretion to make changes without notice in how Artistic Fusion operates and provides services and Terms.
Availability. The availability of Artistic Fusion Activities at particular venues may change and could impact the day of the Activity. The availability of a specific artist/instructor at the Activity may change at Artistic Fusion’s sole discretion. While Artistic Fusion will endeavor to make the artist/instructor you have signed up for available for the Activity, the artist/instructor may change at Artistic Fusion’s sole discretion without notice to you.
Materials Provided. Artistic Fusion will provide all materials (“Equipment”) for the Activity. While Artistic Fusion maintains quality control over the materials it uses, the quality of the materials may vary from Activity to Activity, and venue to venue, and may be aﬀected by a variety of factors. Artistic Fusion is not responsible for the materials that are provided by individual third-party instructors.
End result. Artistic Fusion makes no representations or warranties about the quality of your project or individual experience. Every project will be unique and not a copy of what is shown on the website.
Start Time. Artistic Fusion 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 several factors, and Artistic Fusion makes no representation as to the exact amount of instruction time at the Activity.
Capacity Limitations. You may not be able to attend the Activity due to capacity limitations of the venue where the Activity takes place. Artistic Fusion recommends that you purchase your tickets in advance and arrive at the venue at least 15 minutes prior to the start of the Activity.
Artistic Fusion Containers. Artistic Fusion may change which containers will be planted at the Activity and may make such change without notice to you.
Artistic Fusion projects are developed by, and for, Artistic Fusion. Except for your project at the Activity, you may not copy or reproduce Artistic Fusion projects or any portion thereof, and you may not sell, lease or distribute any reproduction of any Artistic Fusion project, including the project that you create at your Activity.
Any unauthorized use of Artistic Fusion projects are strictly prohibited.
By using Artistic Fusion, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Artistic Fusion. For example, Artistic Fusion may send you newsletters about new Artistic Fusion features, special oﬀers, promotional announcements and customer surveys via email or other methods.
In addition, by utilizing Artistic Fusion you expressly and/or impliedly consent to receiving electronic communications from Artistic Fusion relative to your purchase, including notices about your purchase.
These communications are part of your relationship with Artistic Fusion, and you receive them as part of Artistic Fusion. You agree that any notice, agreements, disclosure, or other communications that Artistic Fusion sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Artistic Fusion promotions may not be combined with any other oﬀers. You may cancel your evening with Artistic Fusion at any time. However, there are no refunds or credits for unused promotional tickets.
By purchasing an Artistic Fusion Ticket to your Activity, you are expressly agreeing that Artistic Fusion is authorized to charge you a ticket fee at the then current rate, and any other charges you may incur in connection with your use of Artistic Fusion to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice.
RIGHT TO TERMINATE
Artistic Fusion reserves the right to terminate or restrict your use of Artistic Fusion, without notice, for any or no reason.
Artistic Fusion does not warrant that any of the Activities or materials used in connection with the Activity, nor does Artistic Fusion warrant the operation of the website.
You can connect Artistic Fusion 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 Artistic Fusion may already have or will be creating, as well as features available on such Social Media Accounts.
BY CONNECTING ARTISTIC FUSION 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 ARTISTIC FUSION ACTIVITY, TO BE SHARED IN THIS MANNER,
Artistic Fusion encourages you to post reviews of Artistic Fusion Activities through various social media and on the website. Artistic Fusion 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 Artistic Fusion or its personnel, misleading information regarding the origin of the content; or a discussion of Artistic Fusion policies or services. You understand and agree that Artistic Fusion may, but is not obligated to, review the content, and may delete or remove it (without notice) in Artistic Fusion’s sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
Artistic Fusion activities at Artistic Fusion locations are open to guests of all ages. If certain crafts have an age restriction, it will be printed clearly in the craft title, on the booking page and in the event description. Artistic Fusion reserves the right to enforce such age restrictions. In the event an Artistic Fusion instructor discovers that an Activity attendee is under the restricted age for the activity, Artistic Fusion reserves the right to refuse to oﬀer instruction to the individual, regardless of whether that individual has a Ticket to the Activity. No one under legal drinking age will be permitted to bring in or consume alcohol on Artistic Fusion premises. Artistic Fusion has the right to request that you present a valid form of identification demonstrating your age, in which circumstance you agree that you will comply with such request.
The following pertains only to offsite events (events held at locations other than Artistic Fusion locations): Artistic Fusion reserves the right to enforce an age restriction should the offsite facility require one. Such details will be posted in the event description for the event in question. Artistic Fusion is not responsible in any manner if persons under the legal drinking age where the Activity is being held attend. In the event Artistic Fusion or its licensee discovers that an Activity attendee is under the legal drinking age in the venue where your Activity is held, Artistic Fusion or its licensee will refuse to oﬀer instruction to any underage individual, regardless of whether that individual has a Ticket to the Activity.
At the Activity, you may encounter third-party services (“TPS”), including, but not limited to food and beverage service from the venue where your Activity will take place. These TPS are provided solely as a convenience to you, and Artistic Fusion is not responsible for and does not endorse the TPS provided by the venue where your Activity will take place. You understand that you are responsible for all additional charges you incur at your Activity, including, but not limited to food and beverage charges.
SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY ARTISTIC FUSION.DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILTY
ARTISTIC FUSION, ARTISTIC FUSION’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH ARTISTIC FUSION, AND YOUR ACTIVITY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ARTISTIC FUSION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ARTISTIC FUSION, ARTISTIC FUSION’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH. ARTISTIC FUSION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PROJECTS.
- INTELLECTUAL PROPERTY
You agree that Artistic Fusion is and shall remain the sole owner of all rights, title, and interest in and to all Works of Art, and that you shall only have the limited right to utilize a Work of Art for your Activity and/or the promotion of an Activity, and for no other purpose. At the conclusion of your Activity, you may take your project with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the project you created (or any reproduction thereof).
You acknowledge that any photographs taken at your Activity by Artistic Fusion, any instructor, assistant, or Artistic Fusion’s licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the artwork, the set-up of your Activity, the participants or instructors or staﬀ at your Activity, you, or the equipment, materials, supplies or marketing materials related to Artistic Fusion in any way shall become the property of Artistic Fusion, and may not be reproduced or utilized except as authorized by Artistic Fusion, and that Artistic Fusion is free to use all such materials at Artistic Fusion’s sole and absolute discretion.
You understand and agree that any images, media, video etc. taken at your Activity by Artistic Fusion may be used in advertisements on social media, print and digitally. You agree that Artistic Fusion is free to use all such images, video at Artistic Fusion’s sole and absolute discretion.
- USE OF INFORMATION SUBMITTED
Artistic Fusion is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Artistic Fusion (“Feedback”), including responses to questionnaires or through postings to Artistic Fusion, 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 Artistic Fusion. Artistic Fusion may also share your information with third parties for purposes of Artistic Fusion’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Artistic Fusion, or in responding to questionnaires, you grant Artistic Fusion 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.
- YOUR CONDUCT
By accessing Artistic Fusion, including the website, you agree to use Artistic Fusion, 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 service or content therein. You also agree not to interfere with the instructors, customers or anyone connected to any portion of Artistic Fusion, or to violate any of the procedures, policies or regulations of establishments or venues connected to Artistic Fusion. You also agree not to impersonate any other person while using Artistic Fusion, conduct yourself in a vulgar or oﬀensive manner while using Artistic Fusion, or use Artistic Fusion for any unlawful purpose.
- PROMOTIONS WITH COUPON CODES
Promotional codes may be redeemed on the Website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other oﬀers. A valid Payment Method will be required when you redeem the promotion code. Artistic Fusion will bill your Payment Method automatically.
- 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 Activities, and Artistic Fusion shall be governed in accordance with the laws of the State of Georgia, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.
You and Artistic Fusion agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your Activity shall be arbitrated, as set forth in Section XXI hereof, solely, and exclusively in Fayetteville, Georgia, Fayette County under rules of the American Arbitration Association
- WAIVER OF RIGHTS
The failure of Artistic Fusion 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 Artistic Fusion may at any time demand strict and complete performance of said terms, covenants, and conditions.
- ELECTRONIC TRANSACTIONS
You agree to conduct transactions, including, but not limited to the purchase of your Activity Ticket and the acknowledgement of these Terms and future transactions, by electronic means.
You agree to defend, indemnify, and hold Artistic Fusion harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the attendance of the Activity and (ii) all disputes, claims, actions, or controversies related in any way to any Activity Attendees’ attendance of the Activity, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by Artistic Fusion that are related to such circumstances.