This Agreement is entered into on this date by and between Art at Home, L.L.C., a Georgia limited liability company, ("AAH"), and the undersigned, a person of the full age of majority, and a resident of Georgia for on site visits (“You”), on Your own behalf or on behalf of any minors or other wards listed along with You on the enrollment section of the artathomeatl.com website on whose behalf you are legally competent to sign. Subject to the terms and conditions below, AAH agrees to provide a range of artistic projects from which You can choose, each of which shall be taught by an AAH independent contractor (“Artist”).
1. Services Provided by AAH.
a. AAH’s sole obligations hereunder shall be to locate Artists, to provide You with the necessary information to select a project or group of lessons and to enable the Artist(s) to contact You and independently schedule said project or lesson(s).
b. Prior to inclusion as an AAH Artist, AAH shall conduct screening interviews of Artists and, at AAH’s sole discretion, may check Artist’s references. Such screening process described in this paragraph 1(b) includes no warranties of the quality of services to be provided by a particular Artist, except that such Artists shall meet the minimum standards of having sufficient artistic skills and teaching abilities.
2. Payment For Services. You agree to pay AAH for the service(s) provided, the amount marked as “Cost” set forth in the lessons and project description on the "Artathomeatl.com” website as of the date this contract is accepted.
a. You agree to pay all instructional fees directly to AAH prior to the commencement of instruction. All payments must be made either through an online payment at Artathomeatl.com or by delivery of a check made payable to Art at Home, LLC and mailed to Art at Home, LLC, P.O. Box 88173, Atlanta, GA 30356. Payments made directly to the Artist may not be credited to Your account.
b. Lesson/project scheduling is subject to the availability of the Artist. Your requested lesson schedule will be confirmed when payment is received. AAH will reasonably assist You in modifying the requested schedule if necessary.
c. If You wish to cancel a scheduled lesson[s], You must notify the Artist at least forty-eight hours in advance. AAH will not issue a refund for a missed lesson but will work with You and the Artist as necessary to reschedule said lesson[s].
3. Relationship Between You, the Artists and AAH. By signing this Agreement, You are acknowledging and agreeing that:
a. The Artist is an independent contractor and is not an employee of AAH. AAH is not responsible for the Artist’s activities or conduct in connection with this engagement.
b. If You are signing this contract on behalf of another person, You certify that You are the parent or legal guardian of such person, are acting under a power of attorney, or otherwise have the legal right to sign contracts for such person, and You agree to pay all fees associated with the instruction provided under this Agreement.
c. You are solely responsible for determining which project(s) or lessons You desire and will use reasonable efforts to reach an agreement with the Artist regarding the exact project(s) or lessons to be provided and the manner in which such services will be carried out.
d. Art projects are by their nature messy. You are responsible for designating a reasonable location within Your home for the sessions, and You and the Artist are responsible for any necessary cleanup at the latter part of each session.
4. Ownership of Lesson-Content. Materials used by the Artist in connection with the lessons (“Lesson Materials”) are the property of the Artist and/or third party. Except as approved in writing by the Artist, neither You nor anyone on your behalf may copy, publish, or distribute the Lesson Materials or any portion thereof.
5. No Third-Party Beneficiaries. This Agreement is between You and AAH only. No Artists are party to this Agreement.
6. Your Contact with Artist.
a. You agree that You may not independently retain the Artist for services or directly or indirectly employ the Artist while said Artist is contracted with and listed on AAH’s website as an Artist with AAH for a period of two (2) years following the termination of the Artist’s contract with AAH.
b. You expressly agree that AAH shall have the right to terminate this Agreement immediately if You violate this provision, and that if You breach this Section, AAH will incur substantial damages, which may be difficult if not impossible to quantify. Accordingly, in the event of such a breach by You, You further agree that you will pay five hundred dollars ($500.00), an amount equal to the expected profits of AAH for six months of lessons or projects at one session per week, along with all of AAH’s reasonable attorneys' fees, court costs, and other expenses related to AAH’s pursuit of its claim against You for violation of this Section.You agree that this is a reasonable estimate of such damages and as such is considered liquidated damages to AAH and not a penalty.
7. Cancellation. By signing this Agreement, You are committing to pay for the selected project or series of lessons listed on the AAH website. The Artist or AAH on the Artist’s behalf will schedule a make-up lesson for one properly cancelled lesson. To properly cancel a lesson You must call or email AAH at least 48 hours in advance at the phone number or email address set forth on the website. If for any reason, including illness, You cancel more than one lesson then AAH, at its sole discretion, may require You to forfeit any additional credit for such cancelled lessons. Lessons cancelled without 48 hours’ notice are not eligible for any make-up credit. If your Artist should miss a lesson for any reason, such as for inclement weather, a make-up class credit will be extended.
8. Early Termination of Contract. Either party may terminate this contract with 48 hours’ notice. In the event the contract is terminated by AAH and you have paid for a project that has not been completed, You will receive a full refund of amounts paid for that particular project. If the contract is terminated by AAH and you have paid for a series of lessons, you will be refunded a pro-rata amount for the unused lessons. In the event You terminate the contract prior to the beginning of the second lesson or session, you will receive a pro-rated refund. However, once the second lesson has commenced, there will be no refund.
9. Disclaimer of Liability for Acts of the Artist. You agree that AAH is not responsible or liable in any manner whatsoever for the acts or omissions of any Artist while providing services to You or the loss or damage arising there from. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AAH MAKES NO WARRANTIES IN CONNECTION WITH ITS SERVICES OR THE SERVICES PROVIDED BY ARTISTS AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL THE LIABILITY OF AAH EXCEED THE AMOUNT PAID BY YOU AS FEES HEREUNDER.
10. Indemnification, Release of Liability and Hold Harmless: You unconditionally release and agree to indemnify and hold harmless AAH and its officers, members, managers, employees, and other affiliated or related companies or individuals, (collectively, the “Indemnified Parties”) from any and all claims, damages, suits, liabilities, and expenses, whether from any breach of warranty (be it statutory, express, or implied) or arising from any other theory sounding either in law or in equity, including any direct, indirect, punitive, special, incidental, or consequential damages and/or reasonable attorney fees and related costs of suit that any of the Indemnified Parties incurs in connection with (a) AAH’s referral, evaluation, or recommendation of any Artist, (b) Your evaluation, selection, or hiring of Artist(s), (c) the alleged or actual acts, omissions, or performance of an Artist, (d) any alleged reliance by You upon information supplied in connection with this Agreement, or (e) any other matter arising out of or from this Agreement (the "Potential Liability").
11. Term. The term of this agreement shall be for the duration of the project/lessons, and includes the terms outlined in 6a above, unless earlier terminated by the Parties.
12. Miscellaneous. This Agreement will be governed by the laws of the State of Georgia, and any disputes arising here from shall be heard by courts in and for DeKalb County, Georgia.
This constitutes the entire agreement between AAH and You, and supersedes any other prior or contemporaneous written or verbal representations by any party. If any portion of this Agreement is or is deemed to be invalid or unenforceable, the rest of this Agreement will remain in full force and effect.
BY CLICKING “I ACCEPT”, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT THOROUGHLY, HAVE HAD SUFFICIENT OPPORTUNITY TO SEEK LEGAL COUNSEL, IF DESIRED, AND THEREFORE CLEARLY UNDERSTAND AND AGREE TO ALL ITS TERMS AND CONDITIONS.