Terms of Service for Workshops

By clicking “Book your place”, “Pay for Workshop” or any other phrase on the workshop purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Student”) agree to be provided with services by Mariya McAllister (refered us “we”, “us”, “our”), and you are entering into a legally binding agreement with Mariya McAllister, subject to the following terms:

 

 1. Services Introduction

1. Upon purchase and execution of this Agreement, the Student will be provided with the following services (specific to the chosen workshop type) as detailed on https://www.mariyamcallister.com/ (“the Website”) and selected prior to purchase for their own personal, non-commercial use. Art lesson with digital tutorial and/or services (collectively known as “the Services”) may include but are not limited to:
   1. Art Lesson
   2. Digital tutorial with Practice Pics
   3. Newsletters and Emails
   4. Online exhibition on the Website – after completed workshop
2. The scope of Services rendered us pursuant to this Agreement shall be limited to 1 art lesson per purchased workshop. Duration of each lesson is 5.5 hours.
3. For workshop to start there is a required minimum number of Students per class – six.
4. Maximum number of Students per lesson is 30.
5. Students may use the purchased workshop solely for their own personal, non-commercial use, and must not share any of the workshop content within the Website with any other person(s).
6. We may from time to time offer extra Services to Students for an additional fee.

 

2. Workshop materials

We don’t supply art materials for our workshops. The Student will need to buy his/her own art materials required for the workshop. A full materials list will be provided at least 2 weeks before the start of the booked workshop.

 

3. Venue

Details of workshop venues are listed on our website and included with workshop details. We reserve the right to make reasonable venue changes if needed, and any such change will be notified to you in writing. A change in venue does not entitle you to any refund of workshop fees, whether in part or in full.

 

4. Accessibility

The Albert Edward Hall Community Centre is on the ground floor and is wheelchair accessible. If you have a disability or need we should know about, please inform us and we will support you as best we can.

 

5. Clothing

We are not responsible for any damage to student’s clothing. Please wear old clothes or aprons.

 

6. Eligibility

Our workshops are open to all adults 18 years or over.

 

7. Health and safety

Please use common sense. We aim to provide a safe learning environment to reduce the risk of injury. Please let us know if you have any health needs we need to be aware of before the start of the workshop.

 

8. Intelectual property rights

1. The paintings Students produce as a result of taking the tutorials or based on Practice Pics are considered legally to be ‘Derivative Works’ and as such the copyright remains with Mariya McAllister and any other photographer whose work has been used for these.
2. Students may share photographs of the paintings they create based on Mariya McAllister’s tutorials and Practice Pics online but they must always credit Mariya McAllister whenever the work is displayed (including online).
3. Students may sell the physical paintings they create based on the Mariya McAllister tutorials and Practice Pics (for instance in a local art exhibition) but they must always credit Mariya McAllister whenever the work is displayed for sale.
4. Students can reproduce their own tutorial and Practice Pic paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a Christmas card sent to friends and family) however, they must credit Mariya McAllister along with the reproduction.
5. Students may not reproduce their own versions of these paintings for commercial use (for instance as an illustration or onto greetings cards they intend to sell).
6. Students should use the following wording to credit Mariya McAllister:
   1. For a painting completed via a tutorial:  ‘Painting produced using a tutorial by Mariya McAllister’.
   2. For a painting completed via a Practice Pic: ‘Painting produced using a photograph provided by Mariya McAllister’.

 

9. Payment policy

1. Upon execution of this Agreement, the Student agrees to pay to Mariya McAllister the workshop purchase amount as stated on the Website, or via a sales promotion.
2. Workshop fees are payable through an automated payment system on our website, by direct bank transfer, credit or debit card or by cheque. A confirmation email will be sent to Student once the payment has been processed.
3. Full payment is required to secure a place on a workshop. Payment of any outstanding balance is required at least 1 week before the workshop commences.
4. The Student agrees to provide us with true, accurate and complete information as required by the registration process (“the Data”), including their legal name, address, telephone number, email address and applicable billing information.
5. The Student agrees to maintain and promptly update the Data and any other information provided to us. If the Student provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend the Student, and if applicable, their user account, and refuse any and all current or future use and/or access by the Student to Services and the Website.
6. With their payment for the workshop in full the Student commits to attending the Workshop.
7. The Student agrees not to assign, transfer or sublicense their rights as a Student.
8. We reserve the right to increase future workshop fees,  upon advanced notice communicated to the Student via email.

 

10. Refund policy

1. All cancellation requests must be made in writing to: artist(at)mariyamcallister(dot)com
2. Those cancelling 2 weeks or more before the workshop start date are entitled to a full refund less a £30 admin fee.
3. Cancellations made within 2 weeks of the workshop start date are non-refundable.
4. Fees cannot be transferred to future workshops unless agreed to by Mariya McAllister.
5. It is very rare that we have to cancel a workshop and we reserve the right to do so. If this should happen you will be refunded 100% of the workshop fees with no administration charge.
6. Should the tutor Mariya McAllister not be available on the day of your scheduled workshop, you will be informed as soon as possible, and a re-arranged time may be offered by the tutor. If a suitable alternative time cannot immediately be arranged, you will be refunded 100% of the workshop fees with no administration charge.
7. Any refund will be returned in Pound Sterling to the account details provided by the Student.
8. We do not pay interest on any fees or other amounts returned to Student
9. Any refunds paid will be calculated based on the fee paid by the Student at the time of enrolment, not the current fee if there has been a fee increase between the Student enrolling and claiming a refund.
10. Discounts are non-refundable, all discounts applied will be revoked and deducted from any refunds made.

11. Covid-19 / Other event outside of our control

We will follow the latest government advice for further/higher education classes. In the event that a class is not allowed to go ahead for reasons that are outside of our control, such as a lockdown, we will give you notice as soon we are aware of the problem. We would provide online classes as an alternative and no refund can be given.

 

12. Disclaimer

By enrolling into the Workshop, the Student acknowledges that we make no guarantees as to the outcome of any provided Services. By participating in this Workshop, the Student acknowledges that we do not warrant the accuracy of any information provided, is not liable for any losses the Student may suffer by relying on modules, content, videos, products or Services.

By participating in the Workshop, the Student acknowledges that we nor any of our representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided are in no way to be construed or substituted as medical advice, psychological counselling or any other type of therapy or advice.

Any testimonials or examples shown by us are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Services. The Student acknowledges that we have not and do not make any representations as to success of any kind that may be derived as a result of use of its tutorials, products or Services.

We may provide the Student with information relating to products that we believe might benefit the Student. We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. We may provide the Student with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. We may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the Student when this is the case. The Student agrees that these are only recommendations and we will not be held liable for the services provided by any third-party to the Student.

 

13. Photography

The Student acknowledges that during lessons the photographs might be taken by us. The Student also acknowledges that the photographs from lessons and digital images of their artwork may be used by us to showcase our workshops for marketing purposes.
Please let us know in writing if you would like to opt out of this.
To opt-out please write to: artist(at)mariyamcallister(dot)com

 

14. Intellectual Property Rights

In respect of the Material specifically created for the Student as part of Services, including tutorials, videos, documents, or other content (known collectively as the “Material”), Mariya McAllister maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Mariya McAllister to the Student, nor grant any right or license other than those stated in this Agreement.

The Student may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Mariya McAllister’s website, content or intellectual property, in whole or in part without our prior written consent.  Any unauthorised copying, reverse engineering, redistribution, reproduction, publication or modification of the Website content by any person without Mariya McAllister’s  prior written authorisation is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.

 

15. Disclaimer of warranties

The Services provided to the Student by Mariya McAllister under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

 

16. Limitation of liability

By using our Services and purchasing the Workshop, the Student accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The Student agrees that we will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of our Services. The Student agrees that use of our Services is at user’s own risk

 

17. Jurisdiction and dispute resolution

This Agreement shall be construed in accordance with, and governed by, the laws of England as applied to contracts that are executed and performed in the United Kingdom. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be England. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through the International Court of Arbitration (ICC). The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation or other dispute resolution procedures.

If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

18. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

We reserve the right to refuse service to anyone for any reason at any time.

 

19. Personal Information

Your submission of personal information is governed by our Privacy Policy.

20. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to artist(at)mariyamcallister(dot)com

 

21. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

22. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.