Nailed It®, LLC Client Contract

As of date of purchase, the purchasing Client (the “Client”) enters into the following agreement with Nailed It, LCC (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

A. 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 above referenced price prior to the start of class.

B. CANCELLATIONS POLICIES:

1. NO REFUNDS. Preparation for your project starts long before you walk into the Nailed It studio. Due to planning, customization and/ordering restrictions there are NO REFUNDS FOR CLASSES.

2. CLASS CREDIT AFTER CANCELLATION: If a circumstance arises that requires you to cancel your reservation, the following policy shall apply:

(a) Cancellation 48 hours or more prior to the start of class: your FULL reservation fee will be turned into a class credit.

(b) Cancellation within 48-24 hours of the class: HALF of your reservation fee will be turned into a class credit.

(c) Cancellation within 24 hours of the class: Same day cancellations or no-shows will NOT get a credit for a future class.

3. NOTICE OF CANCELLATION: Notice of cancellation must be sent to the studio via email.

C. OFF-SITE CLASSES: If we are providing an off-site class, Nailed It will invest considerable time in planning and preparing for Client’s class. Therefore, Client agrees to pay a non-refundable off-site fee of $200. Full payment of the off-site fee is required upon signing this contract.

D. COSTS.

1. 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 class. 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.

2. 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.

E. YOUR DIY CLASS TIME. Your DIY class is very important to us. Before you even make a reservation, Nailed It invests its creative time and talents into your class. We ask that you arrive 10-15 minutes prior to the start of class to ensure that class starts on time. In order for us to serve all of our customers and make sure that everybody finishes their project during class time, anyone arriving more than 15 minutes after the class start time will not be allowed to enter the class AND will not be refunded their money. Additionally, we ask that you follow the time constraints of the class and leave the class when the class length has expired.

F. YOUR DIY PROJECT. Your DIY class 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:

1. PRODUCT. Items demonstrated or made during a Nailed It class are for personal use only. Client agrees not to sell, share, recreate or teach techniques and products designed and taught during this class for commercial purposes.

2. 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 class. We are here to help so ask us before adding a color or design if you are unsure!

3. Instruction our staff has been trained on your 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 MIGHT NOT

FINISH YOUR PROJECT. The class 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 class time.

4. 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 class, you assume the risk of damage.

5. PHOTOS AND VIDEOS. Sometimes taking photos and videos can be disruptive to class. Nailed It reserves the right to prohibit clients from taking photos or videos during class. We love seeing your finished products on social media and hanging in your homes, but please use discretion so as not to disrupt class.

6. MATERIALS. All wood and materials can naturally change over time. Unless it is expressly stated in your class 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.

7. CHILDREN. We love kids, but any class listed as an adult class is for adults only. This means that no one under the age of 18 will be permitted in the workshop area. This is for your child’s safety!

8. PHOTO RELEASE. By signing this contract, you are agreeing to allow Nailed It to display images from your class 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.

9. LOCATION. By signing this contract you agree to stay in the workshop area. Some Nailed It locations are inside of preexisting stores. If products are broken inside of non-workshop areas, client is responsible for those items.

G. 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 class. 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, 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.

H. 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 class or outside of the Nailed It class. Nailed It reserves the right to ask Client to leave the class 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.

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.

Nailed It®, LLC Child Party and/or Workshop

In consideration of being allowed to participate in a Nailed It® party and/or workshop, the undersigned, on his or her own behalf and on behalf of the minor identified below, acknowledges, appreciates and agrees that:

Tools and products that the minor will use can be hazardous and dangerous. These activities require various degrees of skills and expertise. I understand that these activities can result in serious injury to the person or child. I assume all risk and damage or injury to the minor while participating in a Nailed It® party and/or workshop.

I am aware of the risk, hazards and danger of personal injury, disability and/or death as a result of participation in a Nailed It® party and/or workshop, including those that may arise out of negligence of other participants.

I understand that it is my responsibility to ask questions and ensure that I/my child follow instructions as they are given by a Nailed It® instructor. I understand that my child is required to follow all instructions. I understand that failure to follow instructions as they are given can result in my child being asked to leave the Nailed It® party and/or workshop. I understand that if my child is asked to leave a Nailed It® party and/or workshop my money will not be reimbursed.

I certify that I and/or my child are in good health and that I and/or my child have no physical limitations which would preclude safe participation at a Nailed It® party and/or workshop.
Pictures of your child may be taken during a Nailed It® party and/or workshop.

By signing this waiver, you are releasing these images for marketing purposes.
In consideration for participation in a Nailed It® party and/or workshop, I hereby release, waive and forever discharge and covenant not to sue Nailed It®, LLC and its owners, employees, officers, directors and all other persons or entities acting on its behalf, from any and all claims, actions, damages, liability, cost or expense including attorneys fees which are related to or arise out of or in any way connected to my child’s participation in a Nailed It® party and/or workshop

I agree to indemnify Nailed It®, LLC and its owners, employees, officers, directors and all other persons or entities acting on its behalf for any claims arising out of my or my child’s participation in a Nailed It® party and/or workshop.

By the execution of this agreement, it is my intention to assume all risk of injury and do hereby surrender and waive any rights to sue or exercise any legal right to seek damages against Nailed It®, LLC and it’s owners, agents, employees, officers, and/or all other persons or entities acting on its behalf.

I acknowledge that my or my child’s participation in activities with Nailed It® is strictly voluntary. I hereby certify that I am over 18 years of age, I have carefully read the foregoing covenant not to sue and acknowledge that I understand and agree to all of the above terms and conditions.

Prior to signing this agreement, I have had an opportunity to ask any and all questions. I am aware that by signing this agreement, I assume all risks and waive and release all substantial rights that I may have and possess.
To the extent that any one or more provision of this agreement is found to be unenforceable, all other provisions of this agreement not found to be unenforceable will remain in full force and effect.