Terms and Conditions
This is our Studio Practice Policy (where applicable, this extends to all our online classes, offers and subscriptions). Students who sign-up, register for or subscribe to any of our content or classes are subject to these policies however it applies to their specific physical classroom or online class situation. We reserve the right to refuse service to anyone.
1. Studio Policies & Conduct
Avianne Academy of Arts™ (Avianne International, © 2018, All Rights Reserved) is a privately owned business and has the right to terminate any student’s participation in any classes, without a refund, should the student, student’s parents or guardians or family members or any other relevant parties associated with the student not respect or uphold our studio practices and policies.
These policies pertain to students (private, group classes or online classes, third parties, instructors and assistants in our classrooms or in any type of business capacity related to Avianne International, which includes but is not limited to Avianne Academy of Arts). These policies are in accordance with State and Federal law and will be enforced accordingly.
We do not provide the following services and can therefore not effectively accommodate these needs:
Babysitting – we teach art. We do not mind or cater to children or childcare needs.
Behavioral / emotional / cognitive types of art therapy – we are not trained and do not have the resources to deal with kids or adults who display behavioral, emotional or cognitive issues.
Special needs / disabled education – we do not provide special needs instruction or instruction for people with mental or physical disabilities. We cannot guarantee that our physical facilities can accommodate most disabilities because we do not own / control the facilities or the lay out of such facilities and we do not have trained staff or the right equipment or sufficient budget-provisions to ensure optimal learning for such students.
Copyright (of all classroom and online instruction methods, processes, video recordings / visual materials related to this, creative instruction content and notes) collectively is the exclusive property of Avianne International:
- Students, instructors, contractors, assistants, third parties of any kind and or any other persons may never reproduce, teach, utilize, claim as their own original intellectual property or create their own original artwork for the purpose of sales, utilizing anything in terms of methods, notes, processes etc. without the express permission of Avianne International.
- The copyright of internally created intellectual property by Avianne International is protected under State and Federal law and violations will carry with it the potential full weight of the law in which case a violator may be subject to financial fines, legal fees or even jail time.The above include both visual and written materials in online form, projected form or actual, printed form.
- Artists, Instructors, Students or any other Third Parties who engage us in any capacity cannot sell classroom or online work or use such related content outside of the classroom / online course context without the express written permission of Avianne International, as some of these works are subject to copyright from either other third party sources (like some of our instructors or other artists who gave us permission) or Avianne International itself.
Should you violate our copyright, you will be held liable for all legal fees involved in prosecuting you for this.
We honor each other, our instructor(s) and ourselves:
- New students will be subject to a probation period, the length of which depends on the specific class, camp, workshop, instruction or module option, situation and duration.
- We are kind, encouraging, calm and uplifting in our speech. Excessive negativity, hate-speech, inflammatory political agendas, volatile social debates, inflammatory topics, identity politics, disrespectful ways of discussion or racial or religious hate groups will not be tolerated by Avianne International.
- We have a strict zero-tolerance policy for bullying or harassment of any kind. Students who display such behavior will be immediately required to leave.
- Students are required to not act disruptive or disrespectful to each other or the instructor.
- Poor attendance or not honoring starting or ending times of classes will be cause for termination.
- We have a zero tolerance policy for drug use or substance abuse of any kind (this includes, but is not limited to the use of marijuana). Any students, friends, family members or contractors directly associated with Avianne International will face or can cause a student or contractor (instructor or assistant) to face immediate termination without compensation or reimbursement in case of such violations being discovered.
- Students or instructors who are affected by prescription drugs in a way that prevents them from functioning optimally in a classroom cannot instruct nor receive instruction from Avianne International, because optimal learning is not possible under such circumstances.
- Any students or affiliated persons who do not adhere to our policies may be required to leave our property without any notice or reimbursement and without any option to return to our classes.
- There will be no fraternization / inappropriate or unprofessional conduct between students, instructors or assistants in the classroom.
- We do not show favoritism to anyone and will not provide special treatment or exceptions to the rules to anyone. The same rules apply across the board.
- Any non-classroom contractors who work for Avianne International must be treated with respect. Any landlords, building managers, other renters, janitors or third parties responsible for our facilities or operations in any way must be treated with respect.
- We treat everyone equal in terms of respect and policy enforcement.
- No student or any other party may ever fraudulently present themselves as an official representative of Avianne International in any context or capacity without express permission of Avianne International.
- People’s personal lives are none of our / your business – Avianne International is not a dictatorship and does not take responsibility for nor wishes to control people’s personal lifestyle choices or behavior outside of the classroom. But we absolutely require a neutral, professional approach and mutual respect in this regard inside the classroom – we do not allow inappropriate interpersonal displays of affection or displays or discussions of personal problems or situations in the classroom in ways that may make anyone uncomfortable.
We honor the space that we are in:
- All students (and third parties) are to be respectful of the property of the landlord, instructor and other artists or tenants. The classroom space is usually part of a larger building with other occupants. We do not remove or use things that do not belong to us nor wander into spaces not allocated for our usage. No tampering with other artists’ work or belongings will be tolerated.
- Minors are not allowed in the kitchen or other areas that are specifically off-limits. (No cleaning of equipment is allowed in the kitchen and students are not expected to clean their own equipment unless specifically instructed otherwise).
- Students outside the class setting are only allowed in common areas like restrooms. Students may not enter the spaces or invade the privacy of other occupants without permission.
- Students cannot be excessively loud or in any way disruptive to other occupants in the rest of the space or adjacent building(s)
- In all instruction situations, outcomes largely depend on the student. Instructors can only work with what a student gives them to work with.
- We expect a teachable and humble attitude from students. A student who doesn’t pay attention and refuses to do as instructed cannot produce good work.
- Talent is secondary to teachability and for the best outcomes we require students to be subordinate and well behaved in classrooms.
- Practice makes perfect. Outcomes are best achieved by students who are committed, teachable and patient. A lesson or project can be repeated, utilizing notes and what has been taught in class on the student’s own time.
In certain classes, homework is required and students are required to do the homework given.
- A failure to do class homework or deviating from course material and or provided projects may result in less than ideal outcomes.
Personal belongings, projects and artwork:
- If applicable, it is the duty of the student to organize a proper work area in their private space in order to complete or work on projects at home.
- Wet paintings or art works that are in progress and cannot be transported without being damaged can be temporarily stored on site with express permission of the instructor only – otherwise it is the responsibility of the student to remove the artwork until the next class.
- Any work that is left on site will be kept behind locked doors, but is left at the student’s own risk. If artwork is left on site for more than 3 weeks beyond the completion of that art work, it may be donated or repurposed.
- Make sure to always take all your equipment, personal belongings and art supplies home with you: Avianne Academy of Arts™ (Avianne International or any third party) cannot be held liable for lost, stolen or damaged items. Mark all items.
- The instructor(s) will not be obligated to assist a student with work from outside of class.
- Lost and found items will be kept for 3 weeks, then donated or discarded.
- The cleaning of equipment and all related policies for hazardous materials are subject to the policies set forth by the landlord and must comply with State and Federal regulations as far as it pertains to and is controlled by Avianne International.
Appropriate or inappropriate items / artwork:
- Students cannot bring or operate toys, electronic devices like cell phones, Gameboys, iPods or general homework or other art or craft projects to class. This will really harm the learning environment.
- Avianne International does not cater to X-rated subject matter, sexualized behaviors, nude art, nude studies, nude figure drawing, obscene or pornographic art topics or visual studies in or near our classrooms or in on-line communications, since not everyone has the maturity, desire or fortitude to stomach such content and we keep our instruction free from such material or artistic pursuits. If anyone is ever found to be engaged in these kinds of practices on our premises or via on-line communications with us in any way, they will be terminated without compensation or reimbursement, effective immediately and if need be, reported to the authorities for lewd behavior that endangers minors.
- We do not conduct art exhibitions or art contests that involve any of the above mentioned subject matter or practices.
- No food or drink is allowed except water (exceptions for adults or special cases may be made at the instructor’s discretion). Absolutely NO NUTS allowed.
- Avianne International is not liable for any art supplies or art methods that may, unknown to us, include any chemicals, instructions or practices that may endanger any persons in case they do not behave appropriately or safely in connection with such chemicals, instructions or practices.
Other people, animals in class and special needs students:
- Unannounced or unpaid for drop-in or try-out classes for friends or family members are not possible. But friends or family members can be invited to a (paid for) class if it is arranged appropriately in advance.
- No instructor (or any other third party) can be held liable for any injury, loss or theft sustained on the premises by any other third party for any reason at any time.
- At this time we cannot accommodate special needs students.
- Pets and animals are a distraction and for safety, health and learning purposes we do not allow ANY animals in class. Certified service animals are the exception. Emotional support animals do not constitute certified service animals. We only accept the Federal level ADA definition of service animals.
- Students with severe allergies (to art materials specifically) or other health (including mental) issues that make a class setting unbearable for them, the instructor or their fellow students can also not be accommodated at this time.
- Communication via e-mail is mandatory.
- Online students need to be set-up with the appropriate technology and apps to enable online instruction and / or subscriptions.
- Due to classes in session or other family or professional obligations, the instructor(s) may not be able to answer phone calls regularly.
- Email address: Please use only the official e-mail address provided for communications and realize that in general, the Academy may be receiving several emails and may need a few days to respond to individual emails.
- Mark emails with clear subject lines and do not send spam messages.
- We do not communicate via texting, unless specified otherwise.
- Our instructors are NOT authorized to speak on behalf of Avianne International or make any promises, recommendations or claims on our behalf. You have to take such matters up with Avianne in an official capacity.
- We do not allow hair hanging in the face or clothing hampering movement as it hampers learning.
- Absolutely no gang-related, political or overtly religious attire.
- It is recommended that students wear clothes that are old and inexpensive to class. Students can either purchase an artist apron to wear or make use of the frocks or aprons provided (if available on site).
- No third party, nor Avianne International, can be held liable for damage to clothing or personal belongings as a result of art instruction or art practice of any nature.
- Items or wardrobe choices such as bulky clothing, excessive jewelry, extremely long nails, or long, untied hair can hamper certain art techniques and frustrate the learning process, even damage art work or cause injury, for which Avianne International will not be liable.
- If a student’s attire is of such a nature that it physically interferes with the art making of any other student or provides a significant liability issue in the classroom, a student may be asked to stop art making in the classroom until the situation with the attire can be resolved appropriately.
Class starting & ending times and emergencies (includes online classes):
- Students cannot arrive too early or stay too late or minor students be left unattended.
- Students also cannot arrive constantly late and leave early in a disruptive way.
Please be aware of the following:
- Students may arrive up to 5 minutes before class starts and stay up to 10 minutes after class ends.
- Please be considerate to instructors in this regard: The instructor cannot leave students unattended and cannot leave students roaming around in the building either. Therefore: if you come too early or stay too late, you are forcing the instructor to be an unwilling (and unpaid) babysitter.
- Students who arrive more than 5 minutes late for class or leave more than 10 minutes early also disrupt classes for other students. In case of emergency exceptions can be made.
- In case of emergency a friend or spouse will be contacted and will need to be available to fetch the student. It is up to the relevant parties to ensure that the instructor has updated emergency contact details available. If none are provided otherwise, we will use the contact details provided in sign-up forms or registration forms on-line or (in some cases) in person.
Missed classes & make-up classes (includes online classes and subscriptions):
- Classes are generally non-refundable.
- When you sign up for any classes, it is your responsibility to attend those classes and make the best use of your time in class and the content provided.
- Opportunities to do make-up sessions for missed classes are available at the discretion of Avianne and may or may not be available at no or extra cost to you, depending on the specific case.
- Make-up classes, if offered, will only be offered IF the student is sick or have an extreme family emergency – proof of being sick / an actual emergency may be required.
- In cases when make-up classes are not offered and a student is actually sick or having an emergency, rebates will be offered for future classes.
- Students are required to attend class regularly and on time. Students who miss class, being late or leaving early on a recurring basis from classes will risk having classes terminated.
- Students who miss classes or who do not focus adequately in class may be unable to complete projects in a timely fashion and our instructors or assistants are not responsible for this occurrence.
2. Online art classes / courses / workshops
Online students / instructors / assistants will also be required to operate under the applicable policies described in section 1 and section 3, 4, and 5 of this document. In addition, online students, instructors and assistants must adhere to the following code of conduct and policy requirements:
- Students must stick to suggested project requirements, time-frames and any relevant online meeting times scheduled. In case of emergency: meetings must be rescheduled. Failure to reschedule meetings in a timely fashion may result in forfeited online meetings / classes. If meetings cannot be conducted at all, then the course is either forfeited or will be postponed in cases of illness or family emergencies. A course can only be postponed once.
- Students cannot duplicate / teach / re-appropriate the course material into or in full or in part as any online or physical course or methodology or personal or professional sales without the express permission of Avianne International – please review the copyright policies as stated in section 2 of this document as it applies in full to online students also.
- All deadlines, notes provided, course instructions, codes of conduct, payment policies, etc. must be followed exactly as it would be expected in a classroom situation.
- We have a strict no-returns policy on online courses.
- As in all classroom situations, outcomes depend on the student. Practice makes perfect. We cannot control nor guarantee outcomes. Outcomes are best achieved by students who are committed, teachable and patient. A lesson or project can be repeated, utilizing notes on the student’s own time.
- Please make sure you understand the exact terms of your purchased online course before you proceed with said course. Individual requirements / suggestions are described as part of each course / class option you may complete online.
- Avianne International has no obligation to ensure the online viability of any online classes / courses from the standpoint of technology or logistics as far as it depends on the student.
- Students who take online classes must themselves provide adequate computer, internet, Skype, phone and email options for Avianne International to be able to communicate and deliver any relevant classes / meeting sessions via technology to the student effectively.
- Part of signing up for online classes may require a student to be able to receive a mailed, physical supply kit / mailed instruction manuals / other correspondence / bills at a physical address, safely and in a timely fashion. Avianne International is not liable for theft or mis-delivery in any way – a tracking number will be provided and the student will carry added shipping costs in cases of added shipping costs / customs / shipping security or delivery costs relevant to their specific class or course.
- A student must be 18 years old to sign themselves up for any course.
- If an online student should violate any laws or regulations of their home country, state, province or city in acquiring classes from Avianne International, then the student will be liable for such violations under the applicable laws and Avianne International will not be liable for any such violations.
- Avianne International is not liable for third party service providers of any kind who may cease service provision at any time for any reason to any part of the world or to a specific individual.
3. Payment and Registration Policies
Classes, workshops etc. are presented in different formats and priced accordingly. Please visit www.TakeArtClasses.com for updated details regarding payment options and class requirements / subscriptions.
Registration procedures for classes are online only:
- A student must be 18 years old to sign themselves up for any course.
- Parents or legal guardians must sign up a student who is under 18 years of age.
- Registration on-line applies to ALL new students or group class students as well as workshops, Summer Camps and all other class options offered unless specified otherwise. The registration fee will vary depending on the type of class.
- The Registration fee may or may not be part of the class fee or may or may not be part of the overall fee for a specific workshop, seminar, event, etc.
- Booking fees may be required for certain classes / courses.
- Payments, registration fees, proper required registration procedures not being honored etc. or payments not made in full by a stipulated deadline will be considered overdue and may result in immediate termination or non-commencement of classes.
- All fees are non-refundable unless otherwise indicated or in the event of emergency or an entire class or event getting cancelled due to unforeseen circumstances or lack of interest.
- Registration fees or booking-deposits are generally non-refundable unless in the case of emergency.
- We communicate with students mainly through email.
- Internet or e-mail communications, online invoicing and payment instructions are standard 21st century practice. No exceptions can be made. It is up to the Student to know how to send, receive, print and open emails, invoices, contracts, pictures etc.
- Students who do not respect our terms of payment will not be allowed to take classes from us or may have classes terminated.
General Payment Terms and Conditions:
- Each Payment is due as specified in writing as per instructions on the website or per individualized invoice. Payments are mostly required on-line and can currently be made by means of Wave Apps / Square / PayPal (including PayPal credit card options) or a third party expressly stipulated for subscription purposes, but will be specific to the type of class / course provided as per the registration requirements that will be clearly stipulated.
- Our instructors, assistants or other third party contractors or affiliates are not authorized to accept any payments on behalf of Avianne International and such payments will not be accepted before, during or after a course or class of any kind is presented. Our online and electronic payment systems are secure and intended for this purpose.
- Avianne International, or any third party associated with us, will not be responsible for any negligence or other methods or conduct by a student or any third party which results in compromised identity or financial information of a student or parent or any third party.
- Avianne International will do our part to keep your information safe. We will never sell your information or knowingly expose your information to identity theft or financial exploitation of any kind.
- It is the responsibility of the student / parent to keep their online financial information secure and private at all times as personal computer or third party internet security issues / phishing / hacking attempts are outside of the control of Avianne International.
4. Student Contract & Liability Disclaimer
I understand that this is a legally binding document, that I have a legal obligation to meet my contractual obligations with Avianne Academy of Arts as stipulated within this document in its entirety and scope. I furthermore understand that further classes will not commence unless I fill out, sign and deliver this contract back to the instructor in full:
Release and Waiver of Liability and Assumption of Risk and Indemnity Agreement:
On behalf of myself (the undersigned) and / or my minor child and / or anyone else that I may bring into the facilities provided to watch or participate in Avianne Academy of Arts (Avianne, LLC) at any location or in any way, I agree to:
1. Inspect the facilities and the equipment before making use of it and if I find it to be unsafe or broken in any way, to refrain from using it until it is safe again. I, my minor child and / or anyone else that may accompany me to the facilities will not attempt to move or alter or fix anything regarding the facilities or the equipment. I will make sure I bring any unsafe or potentially harmful situation or object to the immediate attention of Avianne Academy of Arts If I deem any situation, instruction, equipment or environment unsafe, I will refuse to participate any further.
2. I / we fully understand and acknowledge that Art activities involve risk which could result in bodily injury, partial and / or total disability, paralysis and /or death. Social and economic losses that may result from injury, disability, paralysis or death could be severe. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees below. There may be other risks not known to us or that are not reasonably foreseeable at this time.
3. I / we accept and assume such risks and responsibility for the losses and / or damages following such injury, disability, paralysis or death, however caused and whether caused in part or as a whole by the negligence of the Releasees named in this contract.
4. I / we hereby release, waive, discharge, covenant not to sue Avianne Academy of Arts (Avianne International) or any third party affiliated with Avianne Academy of Arts or any affiliations or creators of equipment used by the participant, including the facility’s owners, managers, leaders, volunteers, lessees of premises used to conduct classes, events or programs, premises and event inspectors, underwriters, consultants, contractors and others who may give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the facilities or procedures or any events held at such facility and each of them, their directors, officers, volunteers, leaders, employees, agents, representatives, assigns, all for the purposes herein referred to as “Releasee” from all liability to the undersigned, my / our personal representatives, assigns, executors, heirs and next of kin for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the event(s) caused or alleged to be caused in whole or in part by the negligence of the release(s) or otherwise.
5. I / we hereby acknowledge that the activities of the event(s) are very dangerous and involve risk of serious injury and / or death and / or property damage. Each of the undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures of the release(s).
6. Each of the undersigned further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event(s) is / are conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partner(s) and / or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his / her behalf, and hold them harmless.
8. I / we furthermore accept full responsibility for any legal or other fees incurred by any party mentioned in this document, should I wish to violate or challenge this agreement in any way.
9. I / we also undertake to adhere to the policies practices as set out in the entirety of these terms and conditions. I / we understand that failure to comply with any studio practices or policies as set out by the instructor, Avianne International (Avianne Academy of Arts™️) or the facilities leased could result in immediate termination of classes without notice and without a refund. I / we understand that the release(s) cannot be held liable for any action by any student that may result in termination of classes.
I HAVE READ THE Release and Waiver of Liability and Assumption of Risk and Indemnity Agreement, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY AGREEMENT TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY ANY LAW.
5. Model Release (All Students)
Permission requested for photographing yourself or your minor child in the scope of participation in activities that are directly or indirectly related to Avianne International / Avianne Academy of Arts. Permission requested to use such images as part of marketing materials, printed materials by the media, press releases, including (but not limited to) websites, online marketing, magazine or newspaper articles, promotion, commercial advertising, brochures etc. Copyright of photographs & all related materials: Avianne™, all rights reserved.
For valuable consideration received, I grant to Avianne International and any third party employed by Avianne International for the purpose of photography, the absolute and irrevocable right and unrestricted permission concerning any photographs that they have taken or may take of me (or my minor children) or in which I (or my minor children) may be included with others, to use, reuse, publish, and re-publish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name or my children’s names in connection with any use if Avianne International or a relevant third party so chooses.
I release and discharge all involved parties from any and all claims and demands that may arise out of or in connection with the use of such photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographers or Artists or Designers, as well as the person(s) for whom they took the photographs. I am a legally competent adult and have the right to contract in my own name or on behalf of my minor children. I have read this document and fully understand its contents.
This release shall be binding upon me and my heirs, legal representatives, and assigns.
I understand that Avianne International, the Avianne Academy of Arts or any relevant third party cannot be held liable for any usage of images outside of their control.