General Waiver:
Nailed It Client Contract
The above referenced Client (the “Client”) enters into the following agreement with Nailed It DIY Studio (Nailed It). This contract constitutes the entire agreement between both parties and will apply to all future transactions between the parties unless mutually agreed otherwise in writing.
Terms and Conditions
FEES: In charging for our services, Nailed It considers factors including time and labor, the novelty and skill required to properly perform the services, and Nailed It’s experience and knowledge. Based on these factors, the Client agrees to pay the agreed upon price prior to the start of the event.
CANCELLATION POLICIES:
NO REFUNDS. Preparation for your project begins long before you walk into the Nailed It studio. Due to planning, customization and/ordering restrictions there are NO REFUNDS for projects or appointments.
CLASS CREDIT AFTER CANCELLATION: If a circumstance arises that requires you to cancel your reservation, the following policy shall apply:
(a) Cancellation prior to appointment: Reserved projects will be held at the studio and Client may reschedule a time to complete the project.
(b) Cancellation of camp or group activity or birthday party: Studio credit will be applied to customer’s account and will be active for one year.
NOTICE OF CANCELLATION: Notice of cancellation must be sent to the studio email address. The studio owner will reserve your project to be finished at an agreed upon point in the future.
YOUR DIY SESSION. Your DIY session is very important to us. Before you even make a reservation, Nailed It invests its creative time and talents into your booking. We ask that you arrive 10- 15 minutes prior to the start of session to ensure that your session begins on time. In order for us to serve all of our customers and make sure that everybody finishes their project during session time, anyone arriving more than 15 minutes after the start time will not be allowed to enter the session AND will not be refunded.
YOUR DIY PROJECT. Your DIY projects are customized works of art created by you. We hope your art will remain on your walls and in your homes for many years to come. In order to ensure that we can do our job to the highest quality, we require the following with regards to your participation:
PRODUCT. Items demonstrated or made during a Nailed It session are for personal use only. Client agrees not to sell, share, recreate or teach techniques and products designed and taught during this session for commercial purposes.
STYLE. Our staff is here to guide you through your DIY project. We allow you to choose your style, colors, stencil, etc. If for some reason you are not happy with your project because of choices you made, Nailed It will not provide a refund for your session, but we are here to help so ask us before adding a color or design if you are unsure!
INSTRUCTION. Our staff has been trained on your project and project instructions. We ask that you follow all instructions. If you jump ahead of our instructor or do not complete an instruction in a timely manner, you may not have time to complete your project. The session length has been determined based on how long the project should take if all instructions are followed. Nailed It will not provide a refund if you fail to complete your project during the scheduled session time.
CLOTHING AND PERSONAL PROPERTY. You will be working with paint, stain, and other products to create your works of art. If the clothes, shoes, etc. that you are wearing or have in the workshop are damaged or stained, Nailed It is not responsible for replacing or repairing those items. By bringing your personal property and clothing into the Nailed it studio or session, you assume the risk of damage.
PHOTOS AND VIDEOS. We encourage the use of photography and sharing by social media in our studios as long as it does not interrupt the flow of a session or detract from the guidance being given by Nailed It Art-Tenders Nailed It reserves the right to prohibit clients from taking photos or videos during sessions. We love seeing your finished products on social media and hanging in your homes, but please use discretion.
MATERIALS. All wood and materials can naturally change over time. Unless it is expressly stated in your session description, all products are for interior use only. There might be natural wear to your finished project. All materials are provided in their “as is” condition.
CHILDREN.We love kids, but any event listed as an adult event is for adults only. This means that no one under the age of 18 will be permitted in the studio area during adult only events. This is for your child’s safety! Children are welcome to participate in Open Studio, youth events, camps and birthday parties. Children under the age of 6 must be accompanied by an adult.
PHOTO RELEASE. By signing this contract, you are agreeing to allow Nailed It to display images from your session on Nailed It’s website, social media and for marketing, promotion, advertising, and other purposes. You are giving Nailed It permission to use your name and photographic likeness in all forms and media for advertising and any other lawful purpose.
LOCATION. By signing this contract you agree to stay in the workshop area. Our studios do have pre-finished items for sale as well as a retail section. Please be careful in these areas and do not damage items within studio displays.
LIABILITY. By signing this contract, client releases Nailed It, all of its subsidiaries, agents, employees and property owners from all liability for any injuries incurred by Client or any other party participating in a workshop session. Client releases Nailed It, all of its subsidiaries, agents, employees and property owners from all liability for injuries suffered as a result of Nailed It’s negligence. By signing this contract, the client releases Nailed It, all of its subsidiaries, agents, employees and property owners from liability for ingestion, allergic reaction or any other medical issues arising from use of products created at or by Nailed It. Client indemnifies Nailed It, all of its subsidiaries, agents, employees and property owners from any and all claims, damages, costs, and expenses including reasonable attorney’s fees arising from injury, damage or neglect.
ALCOHOL CONSUMPTION. Client releases Nailed It, all of its subsidiaries, agents, employees and property owners from all liability for any injuries incurred by Client as a result of alcohol consumption. Client assumes all responsibility for the amount of alcohol that is consumed and any injury that occurs at the Nailed It session or outside of the Nailed It session. Nailed It reserves the right to ask Client to leave the session and to request Client call a safe ride home. Client indemnifies Nailed It, all of its subsidiaries, agents, employees and property owners from any and all claims, damages, costs, and expenses including reasonable attorney’s fees arising from injury, damage or neglect related to alcohol consumption.
OFF-SITE Events: If we are providing an off-site event, Nailed It will invest considerable time in planning and preparing for Client’s event. Therefore, Client agrees to pay a non-refundable off-site fee as determined by the studio owner.
LOCATION. It is the Client’s responsibility to determine if any fees, reservations, or other regulations must be made or satisfied for any location chosen by the Client for an off-site event. If there are costs associated with the location chosen by Client, the Client is responsible for those fees. Nailed It will not guarantee or arrange payment on any location.
TRAVEL. The above referenced price includes travel within 30 miles of the studio’s zip code. Any location outside of these limits will be subject to an additional fee. This fee will be based on factors including, but not limited to mileage, gas, time, location, airfare and lodging fees.
I. WAIVER OF RIGHTS. If Nailed It chooses to waive its right to enforce any one or more of the provisions in this contract, such exercise of discretion shall not constitute a waiver of any other provision in this contract.
