Terms of service

1. Terms

By accessing this Website, accessible from http://www.thewetpaintstudio.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on Wet Paint Studios’ Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose or for any public display; attempt to reverse engineer any software contained on Wet Paint Studios’ Website; remove any copyright or other proprietary notations from the materials; or transferring the materials to another person or "mirror" the materials on any other server.

This will let Wet Paint Studios to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. These Terms of Service has been created with the help of the Terms Of Service Generator.

3. Disclaimer

All the materials on Wet Paint Studios's Website are provided "as is". Wet Paint Studios makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Wet Paint Studios does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

4. Limitations

Wet Paint Studios or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Wet Paint Studios' Website, even if Wet Paint Studios or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Wet Paint Studios's Website may include technical, typographical, or photographic errors. Wet Paint Studios will not promise that any of the materials in this Website are accurate, complete, or current. Wet Paint Studios may change the materials contained on its Website at any time without notice. Wet Paint Studios does not make any commitment to update the materials.

6. Links

Wet Paint Studios has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Wet Paint Studios of the site. The use of any linked website is at the user's own risk.

7. Site Terms of Use Modifications

Wet Paint Studios may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Your Privacy

Please read our Privacy Policy.

9. Governing Law and Arbitration

Any claim related to Wet Paint Studios’ Website shall be governed by the laws of California without regards to its conflict of law provisions. By accepting these terms, purchasing tickets, making reservations, or otherwise using services provided by Wet Paint Studios, LLC you accept and agree to the following:

Binding Arbitration: I AGREE THAT, UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO ACTIVITIES AT WET PAINT STUDIOS, NOW OR IN THE FUTURE WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). I ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES MY RIGHT TO GO TO COURT. I THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY. I AGREE THAT I THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). I ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY. I ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.

The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms.

1. In the event of a dispute, I agree to send a notice of dispute, which is a written statement that sets forth my name, address, and contact information; the facts giving rise to the dispute; and the relief requested to the Released Parties at 12335 Base Line Rd. Suite H-100, Rancho Cucamonga, CA 91739, USA, Attention: Wet Paint Studios Legal. The Released Parties will send any notice of dispute to me at the contact information that they have for me. The Released Parties and I will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, the Released Parties or I may commence an arbitration proceeding. I may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not I negotiated informally first.

2. If the Released Parties and I do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Riverside Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Rancho Cucamonga, California; provided, however, that if circumstances prevent me from traveling to Rancho Cucamonga, California, JAMS may hold an in-person hearing in my hometown area or virtual hearing. The Released Parties and I agree to submit to the exclusive jurisdiction of the federal or state courts located in San Bernardino County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to me individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either me or the Released Parties) is responsible for paying the filing fee. However, if the arbitrator issues me an award of damages and: (a) that award is greater than the amount of the Released Parties’ last written settlement offer; or (b) if the Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Released Parties will reimburse me for the filing fees I incurred.

Except as provided above with respect to jurisdiction in San Bernardino County, California, nothing in this arbitration provision shall be construed as consent by the Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement.

In the event, this agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

Venue But For Arbitration: In the event that neither party elects to resolve disputes under binding arbitration, as provided above, any legal action arising out of or relating these terms and conditions shall be commenced exclusively in the Superior Court of California, County of San Bernardino (or if such Superior Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction). In any such action, I specifically waive any right to bring a class action or other representative or collective action (such as an action in the form of a private attorney general).

 10. Indemnification 

You agree to indemnify and hold Wet Paint Studios, LLC harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Website, the Application(s) and/or any information or content provided on any of them, any Service, any service or product provided by or purchased from the studio location, the violation of this Agreement, using your equipment to access the Website and/or the Application(s), infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Website, the Application(s) and/or any Service. 

11. Limitation of Liability

You understand that, to the maximum extent permitted by law, wet paint studios, llc no shall not be liable for any damages whatsoever, and in particular the me entities shall not be liable for any special, indirect, consequential, punitive, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the website, the applications or the information contained on any of them, or any service, whether such damages arise in contract, warranty, negligence, tort, under statute, in equity, at law, or otherwise, even if wet paint studios, LLC have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable. 

12. Governing law and jurisdiction

The parties agree that the laws of the state of California, without regard to its conflict of law rules, govern this agreement and any disputes between you and any me entities. Any dispute not subject to arbitration will be litigated exclusively by either party in a court of competent jurisdiction in either the superior court of the state of California in and for the county of San Bernardino.  

13. Modifications and interruption to service

WET PAINT STUDIOS, LLC reserves the right to modify or discontinue the Website, the Application(s) and/or any Service at any time, with or without notice to you. WET PAINT STUDIOS LLC shall not be liable to you or any third party should WET PAINT STUDIOS LLC exercise its right to modify or discontinue the Website, the Application(s) and/or any Service. You acknowledge and accept that WET PAINT STUDIOS, LLC does not guarantee continuous, uninterrupted or secure access to the Website and/or the Application(s) and operation of the Website and the Application(s) may be interfered with or adversely affected by numerous factors or circumstances outside of WET PAINT STUDIOS, LLC’s control.

14. Membership and Billing Terms

Memberships are billed on a monthly basis on the initial day of purchase. If a workshop is booked prior to the monthly billing date, additional payment may be required.

Membership Automatic Billing Terms

These Membership Automatic Billing Terms ("Terms") outline the conditions and obligations for the automatic billing of your membership with Wet Paint Studios, LLC. By subscribing to our membership program, you indicate your agreement to these Terms. Please read them carefully.

1. Automatic Billing Authorization: By enrolling in our membership program, you authorize Wet Paint Studios, LLC to automatically bill the payment method provided at the time of enrollment for the recurring membership fees according to the chosen billing cycle (e.g., monthly, quarterly, annually). You understand and agree that this authorization will remain in effect until the membership is canceled in accordance with these Terms.

2. Membership Credits and Services: As an active member in good standing, you may accumulate membership credits and access services offered exclusively to members. These credits can be redeemed towards eligible purchases or services provided by Wet Paint Studios, LLC. at our sole discretion. Please note that membership credits are non-transferrable and cannot be exchanged for cash.

3. Cancellation and Termination:

a. Cancellation by the Member: You may cancel your membership at any time by contacting our customer support team or following the cancellation process outlined in your account settings. Please ensure cancellation is done before the next billing cycle to avoid further charges.

b. No Refunds for Partial Billing Cycles: In the event of cancellation, automatic billing for the current billing cycle will cease, but Wet Paint Studios, LLC. will not provide refunds for any unused portion of the current billing cycle.

c. Unused Membership Credits and Services: Upon membership cancellation, any unused membership credits and un-accessed services will be forfeited, and you will no longer be eligible to redeem these benefits.

4. Active Membership Requirement: Only active members, with up-to-date membership accounts, are eligible to use membership credits and access exclusive member services. If your membership becomes inactive or is suspended due to billing issues, you will temporarily lose access to these benefits until the membership is reactivated. If the account is suspended due to billing issues (non-payment) for more than 10 days, membership credits will be forfeited.

5. Changes to Terms: Wet Paint Studios, LLC. reserves the right to modify or update these Terms at any time. Any changes will be communicated to you via email or through a notice on our website. Continued use of the membership constitutes acceptance of the modified Terms.

15. ALL SALES FINAL

Wet Paint Studios, LLC strives to provide our customers with an exceptional painting experience. We understand that circumstances may arise that require rescheduling of a class, and we are happy to accommodate such requests. However, we have established the following policy regarding refunds to ensure fair treatment for all our customers.

Rescheduling:

1.1 Customers may request to reschedule their class to a different date and time, subject to availability, without incurring any additional charges.

1.2 Rescheduling requests must be made at least 24 hours before the scheduled class time.

1.3 Customers can reschedule their class within 48hrs using the emailed confirmation received at booking or within 24 hrs. by contacting our customer service team through phone or email.

No Refunds:

2.1 We do not offer refunds for canceled classes or no-shows.

2.2 If a customer fails to attend a scheduled class or cancels the class, they will not be eligible for a refund.

2.3 Our no refund policy applies to all products and services, including classes, workshops, or events hosted by Wet Paint Studios, LLC.

Exceptions:

3.1 In the unlikely event that Wet Paint Studios, LLC cancels a class, workshop, or event due to unforeseen circumstances, such as instructor illness or facility issues, we will offer the following options to customers:

a. Reschedule the class to a mutually agreed-upon date and time.

b. Receive a credit that can be used towards a future class, workshop, or event .

3.2 If a customer encounters extenuating circumstances, such as a documented medical emergency, we may review the refund request on a case-by-case basis.

Wet Paint Studios, LLC shall have the right to cancel any tickets or reservations at any time and for any reason and provide an applicable refund. Tickets are nonrefundable unless cancelled by Wet Paint Studios, LLC. If Wet Paint Studios, LLC. cancels a ticket or reservation due to misconduct of the holder, no refund shall be due.

Transferability:

4.1 Customers have the option to transfer their booked class to another person. However, they must notify us of the transfer at least 24 hours before the scheduled class time.

Additional Terms:

5.1 All rescheduled classes are subject to availability.

5.2 If the customer chooses a class of lesser value when rescheduling, no refund or credit will be issued for the price difference.

5.3 Refunds or credits cannot be redeemed for cash.