Terms and Conditions
1. Studio Policies & Conduct
Avianne, LLC reserves the legal right to refuse business to anyone. We reserve 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 third parties associated with the student not respect or uphold our studio practices and policies. These policies are applicable to ALL our business locations and business practices that may involve instruction, classes, workshops, camps, events or coaching of any kind.
Copyright 2018, Avianne, LLC – All Rights Reserved.
We honor each other, our instructor(s), all third parties 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, incessant or inappropriate talking, hate-speech, inflammatory political agendas, volatile social debates, inflammatory topics of discussion will not be tolerated within our business. Absolutely no profanity.
We have a strict zero-tolerance policy for bullying, harassment or disrespect of any kind to fellow students, instructors or any other relevant third parties.
Avianne, LLC does not tolerate discrimination, judgment or aggression based on considerations like gender, religion or race. Our place of business is not an appropriate venue for pushing identity politics, religious agendas or for discriminating against anyone. We serve everyone equally as long as basic mutual respect and our codes of conduct / policies are upheld in a way that enables us to conduct our business freely and fairly without requiring anyone to violate their conscience or submit to or be indoctrinated with any ideology they may not agree or feel uncomfortable with.
Any students or affiliated persons who do not adhere to our policies will be required to leave our business without any option to return to our classes.
Poor attendance or not honoring starting or ending times of sessions will be cause for termination.
We honor the space that we are in:
All students (and third parties) are to be respectful of the property of the landlord, instructors, other artists, assistants, contractor(s) businesses, tenants or any other relevant third parties. Our business spaces are part of larger buildings with other occupants and multi-use functions. We do not remove, change 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 due to liability. (No cleaning of equipment is allowed in the kitchen and students are not expected to clean their own equipment unless specifically instructed otherwise). Students need to be accompanied in cases of practical exceptions.
Absolutely no theft, vandalism. unethical or illegal activities of any kind are allowed. Students outside the class setting are only allowed in common areas like restrooms. Students may not enter the spaces 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).
Minors (Children of Adult students or Minor Students themselves) are UNDER NO CIRCUMSTANCES allowed to do any of the following:
Leave the classroom without telling the instructor, including going to the restroom nor wait outside the building for a parent or other adult after or during class unsupervised.
Roam around the building (loitering) and cause frustration or disruptions to other tenants in any way.
Have siblings, friends, family, significant others, partners or children (with regards to students themselves or the children of adult students) wait around unsupervised anywhere in the building.
Personal belongings, projects and art work:
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 art work until the next class. Please prepare your vehicle accordingly. We are not liable for any damage to your vehicle.
Any work that is left on site will be kept behind locked doors, but is left at the student’s own risk. If art work 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, LLC (or any affiliated third party) cannot be held liable for lost, stolen or damaged items. Mark all items clearly to ensure that we know who it belongs to.
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 it will be 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 / or the State of California / Federal Law or internationally acceptable standards.
Appropriate or inappropriate items / dress code:
Students cannot bring or operate toys, electronic devices like cellphones, Gameboys, iPods or general homework to class. This will really harm the learning environment. Parents may request that a child keeps a cellphone for the purpose of an emergency, but the device may not be operated in class except during an emergency.
No R or X rated visual material or topics are allowed in class, since this establishment caters for minors. (This includes inappropriate attire, explicit clothing or obscene speech of any kind).
We do not allow any drugs, illegal substances, stolen items, weapons or inappropriate possessions of any kind.
We do not allow semi-nudity, nudity or the study of nudes to maintain a morally inclusive environment for all our students.
Consider the same rules for your child’s school apparel to apply at our place of business.
We do not allow any smoking or vaping anywhere near or in our facilities.
Unless specified as an adults only event or engagement, no alcoholic beverages are to be served and under no circumstances will outside drinks or food be allowed unless specifically catered or approved by Avianne, LLC.
We discourage hair hanging in the face or clothing hampering movement as it hampers learning.
Absolutely no gang-related or politically / religiously inflammatory attire. Please practice common sense / discretion in this.
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, LLC 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, LLC will not be liable. No outside food or drink is allowed except water (exceptions for adults or special cases may be made at the instructor’s discretion, like in cases of minors or hypo-glycemic adults requiring a snack). Absolutely NO NUTS allowed.
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 with the appropriate parties involved 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. We do not control and cannot be held responsible for the practical accessibility of our locations for students or third parties with disabilities, including wheelchairs.
Pets and animals are a distraction and for safety, health and learning purposes we do not allow ANY animals in class. ADA recognized / Certified service animals are the exception. Emotional support animals do not constitute as certified 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.
Parent or Legal Guardian responsibilities with regards to Minors:
Parents and Legal Guardians of Minors need to adhere to all the policies and legal responsibilities as set out in these terms and conditions in its entirety, absolutely no exceptions to ensure the safety and productivity of all our students.
Field trips may require further documentation, extra fees and parental oversight.
Please inform the instructor in advance if you or your child has any allergies, medical situations or learning difficulties that may affect them in class.We only use child-friendly, certified for use within the State of California, art supplies, but if you ever discover your child is allergic to any supplies or materials or environmental factors, please let us know immediately.
Please do not hesitate to ask should you have any questions, suggestions or concerns. We ask that you will contact Avianne, LLC directly and not send messages through any third party to avoid misunderstandings.
Parental involvement to help the child or teen student at home to complete work may sometimes be needed.
Communication via e-mail is mandatory (we simply cannot effectively operate our business any other way). 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: TakeArtClasses@gmail.com – please do not use any other e-mail address for communications in general. Please realize that in general, we may be receiving several e-mails and may need a few days to respond to individual e-mails.
It is the responsibility of the student or student’s parent or legal guardian to communicate any special requests or needs or relevant information with the instructor.
Avianne, LLC is not in any way responsible for the access a student has to the internet / email. Free internet access is available at local libraries.
If Avianne, LLC is unable to effectively / in a timely / reasonable fashion communicate with a student or parent regarding anything pertaining to our services or the conduct of a student or should any issues with a student or third party become difficult to resolve because of an inability to communicate via email or appointments not being kept, Avianne, LLC reserves the right to terminate communications and terminate future engagement with our business.
Class starting & ending times and emergencies:
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 minors unattended and cannot leave adult 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 parent, 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.
Minor students may not leave the premises unless accompanied by a Parent, Legal Guardian or with a person specifically designated by the Parent or Legal Guardian to accompany the child. This is for safety reasons. If your child needs to go home with another individual, please arrange it in advance with the instructor. We are not responsible for children who go missing or cause trouble in this regard. If we find that children are being neglected or endangered in this regard, we will contact relevant authorities if we deem it necessary.
Missed classes & make-up classes:
Make-up class are not a given. We can decide to offer / not to offer these at any time based on the practicality thereof and the availability of our instructors.
Opportunities to do make-up sessions for missed classes are available at the discretion of Avianne, LLC and may or may not be available at no or extra cost to you, depending on the specific case. When you sign up for classes, it is your responsibility to attend / have your child attend those classes. Students forfeiting classes based upon poor attendance is outside of our control.
Students cannot demand make-up classes outside of the parameters of what Avianne, LLC schedules in an official capacity.
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.
2. Registration, Communications, Payment Obligations:
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.
Registration procedures for classes are usually required on-line:
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.
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 by the student, prior to a class, camp or event of any kind, are generally non-refundable unless in the case of emergency, in which case the student may be responsible for a small processing fee.
We communicate with students mainly through this e-mail address: TakeArtClasses@gmail.com
Internet or e-mail communications, on-line invoicing and payment instructions are standard 21st century practice. No exceptions can be made. It is up to the Student or Parent / Legal Guardian to know how to send, receive, print and open e-mails, invoices, contracts, pictures etc.
We require manual paper work at an additional fee of $50+ to be filled out if students refuse to use our on-line automated system(s).
General Payment Terms and Conditions:
We have largely automated our payment-systems and processes. We discourage the usage of checks and will charge a $25+ processing fee if students refuse to use our on-line automated system(s).
Each Payment is due as specified in writing as per instructions on the website or per individualized invoice. Payments are mostly required on-line. For certain class options, payments can currently be made by Cash / PayPal (including PayPal credit card options).
Unless otherwise specified – all payments are required via the secure payment option provided on our website: www.TakeArtClasses.com – DO NOT make payments to any other party, including individual instructors, or using any other payment system or cash, unless specifically instructed to do so by Avianne, LLC via a third party affiliate.
3. 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, LLC 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, 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, LLC. 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, LLC or any third party affiliated with Avianne, LLC 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. I agree to legal mediation on any relevant matters if no other solution can be agreed upon, only after all other good-faith solutions have been exhausted and that mediation will be the only legal solution I will seek. I will be liable for all and any legal fees incurred by both parties should I not adhere to my agreement to mediation.
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, LLC 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.
4. Parental Consent (Only Applicable to Minors)
California Civil Code Section 25.8 expressly provides that a parent may authorize an adult into whose custody a child is entrusted to consent to necessary dental and medical treatment, to wit:
Either parent or guardian, having legal custody of a minor may give written authorization for an adult into whose care the minor has been entrusted to consent to X-ray, examinations anesthesia, medical or surgical diagnosis, and / or treatment and hospital care to be rendered to said minor under the general or special supervision and advice of a physician and surgeon licensed under the provisions of the Medical Practice Act, or to X-ray, examinations, anesthesia, dental and / or surgical diagnosis or treatment and hospital care to be rendered to said minor by a dentist licensed under the provisions of the Dental Practice Act.
Pursuant to the provisions of Section 25.8 of the California Civil Code, I hereby authorize Avianne, LLC or an adult placed in authority of Avianne, LLC to procure medical, hospital or dental care for my child in the event of injury or illness, while the child is in the care of the above-named business and / or adult. I understand and agree that I am financially responsible for any care so procured.
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, LLC. Permission requested to use such images as part of marketing materials, printed materials by the media, press releases, including (but not limited to) websites, on-line marketing, magazine or newspaper articles, promotion, commercial advertising, brochures etc. Copyright of photographs & all related materials: Copyright 2018, Avianne, LLC – All Rights Reserved.
For valuable consideration received, I grant to Avianne, LLC and any third party employed or contracted by Avianne, LLC 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 republish 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, LLC 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, Avianne LLC, the Avianne Academy of Arts or any relevant third party cannot be held liable for any usage of images outside of their control.