Refund Policy for Public Parties:
Private Party Terms: I understand that this is a binding contract – once executed or confirmed by email-and that no changes will be accepted within 48 hours of the event date listed above, unless otherwise mutually agreed in writing. I agree to pay for the number of guests indicated above plus any additional guests at the rate specified herein. In the event that a guest does not attend, I understand that Tampa Art Party only allows for one (1) “no show” and that I will not be responsible for payment for that one (1) absent guest as long as the minimum has been reached. In addition, I also understand that Tampa Art Party will add $5 per person to the total amount owed for every half hour over the originally scheduled painting party and/or event duration. Finally, I agree to defend, indemnify and hold harmless Tampa Art Party, its officers, directors, employees, agents, legal representatives, successors and assigns, from and against all liabilities and expenses, including reasonable defense costs and reasonable legal fees, and claims for damages, arising out of this Agreement. I further agree to pay for any damages suffered by Tampa Art Party, including but not limited to, Tampa Art Party’s equipment and to the venue where the event is hosted, its furniture, & equipment. or any other damages due to negligence on the part of my guests. I agree that Tampa Art Party’s total liability under this Agreement shall be limited to the amount paid by you under this Agreement and in no event shall Tampa Art Party or its agents, personnel or representatives be liable for any special, indirect, incidental or consequential damages.The refund for the deposit is NON_REFUNDABLE.
Alcohol, Drugs, & Illegal Substances: The possession of use of illicit drugs is strictly prohibited while attending and participating in any Tampa Art Party event. All participants must be 21 years of age to drink and must do so responsibly. The excessive consumption of alcohol, and all violent or inappropriate behavior as a result of alcohol consumption, or otherwise will not be tolerated and we reserve the right to pursue disciplinary action. Participants found to be violation of the policies set forth by Tampa Art Party may be immediately removed from an event at their own cost and no refund will be granted. Tampa Art Party also retains the right to notify local law enforcement immediately.
Release of Liability, Waiver of Claims, Indemnity Agreement, and Photo Release
In consideration for being or having my minor child/ward being permitted to participate in the Tampa Art Party event I desire to purchase and related activities, I hereby agree, acknowledge and appreciate that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, (herein referred to as “releasees”):DKC Creatives, LLC.
2. To release the releasees, their officers, directors, employees, contractors, representatives, agents, and volunteers, vessels, and its parent and subsidiary affiliates from liability and responsibility whatsoever and for any claims or causes of action that I, or my minor child/ward’s estate heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities which I or my minor child/ward desires to participate in, whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury disability, death or loss or damage to person or property arising out of connected with, or in any way related to the event of or activities me or my minor child desires to participate herein.
3. I hereby give releases, their officers, directors employees, contractors, vendors, affiliates, sponsors and agents, and its assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use and make photographs (still, film, tape or otherwise), to use and record with a video or audio recording device, me or my minor child/ward’s name (or any fictional name), picture, portrait, photograph, and/or likeness in all forms and in all media and in all manners (“Likeness”), without any restriction as to changes or alterations (including but not limited to blurring, distortion, alteration, optical illusion or use in composite form, or derivative works of my or my minor child/ward’s Likeness made in any medium, whether intentional or otherwise) in connection with the activity (ies) through the releasees; or releases’ sponsor’s business, products and/or services, including but not limited to for advertising, for publication or any other lawful purposes. I waive any right to inspect, modify, or approve any intermediary version(s) or finished version(s) of the results of the use of my or my minor/ward’s Likeness (“Results”). I waive any right to further compensation on behalf of myself or my minor child/ward.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.