Studio4

Glasswork Class Terms and Conditions

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions

In this Deed, unless context requires otherwise:

Act means the Fair Work Act 2009 (Cth).

Age Requirements means the requirement that Attendees must have attained the age of eighteen (18) years or more.

Attendee means an individual who has paid for a ticket and is attending the Glasswork Class.

Class Credit means credit with the Studio which the Attendees can exchange for a Ticket. Confirmation means correspondence confirming your ticket was successfully purchased. Date of Execution means the date on which these terms and conditions are accepted.

Finished Product means the final product the Attendee creates from the raw materials supplied in the Glasswork Class.

Glasswork Class means any workshop offered through the ‘Studio4 Studio Glass Workshops’.

Instructor means the individual teaching and administering the Glasswork Class.

Intellectual Property means any intangible property rights of the Studio and its staff. These include:

(a) copyright;

(b) design (as embodied in but not limited to drawings, computer software, solid models and algorithms), patent, patentable idea, trademark;

(d) inventions, processes, and confidential information (whether in writing or recorded in any form); and

(e) any other proprietary, license or personal rights arising from intellectual activity in the business, industrial, artistic fields, whether registrable or not, that presently exists in Australia or anywhere else in the world. Premises means Studio 4, 4/2 Bolton Street Sydenham NSW 2044. Studio means Kate Baker Studio Glass ABN 77432 685 495.

Studio Policy means policies, procedures and practices introduced by the Studio as implemented, varies or replaced from time to time.

Ticket means a document providing confirmation that you have purchased access to the Glasswork Class.

Website means the set of related web pages from which the Attendee books tickets.

Website Owner means the Studio.

1.2. Interpretation

(a) headings are for convenience only and do not affect the interpretation of these Terms and Conditions (T&Cs);

(b) words importing the singular include the plural and vice versa;

(d) cognate or derivative parts of speech and grammatical forms of a word or phrase which are defined in these T&Cs have a corresponding meaning;

(e) an expression importing a natural person includes any Studio, partnership, joint venture, association, corporation or other body corporate and vice versa;

(f) a reference to a party to a document includes that party’s successors and permitted assigns;

(g) a reference to a statute, regulation, proclamation, ordinance or by-laws varying, consolidating or replacing it includes all regulations, proclamations, ordinances and by-laws issued under that statute;

(h) a reference to these T&Cs includes all amendments or supplements to, or replacements or notations of, these T&Cs; and

(i) definitions in these T&Cs will also be applied and have the same meaning in any Annexures and Schedule/s to these T&Cs.

2. AGREEING TO ALL T&Cs

The Studio owns and operates this Website. Access to and use of this Website and the Glasswork Class are subject to the following T&Cs. By:

(a) accepting these T&Cs using the relevant checkboxes;

(b) using the Website; and

you are agreeing to all of the T&Cs, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the T&Cs.

3. AMENDMENTS TO TERMS OF USE

The Website Owner reserves the right to amend these T&Cs from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the T&Cs as amended.

4. GENERAL

4.1. Glasswork Class Conduct

You must act with due care at all times during the Glasswork Class. If any of the following are breached, the Studio reserves the right to remove you from the premises and restrict your access to future Glasswork Classes. You will not:

(a) commit or encourage a criminal offence;

(b) intentionally cause undue annoyance to other Attendees;

(d) attempt to affect the performance or functionality of any part of the Glasswork Class or the workspace in which the Glasswork Class is held; and

(e) photograph, video, or record the existing artwork of the Studio in any way.

4.2. Photography and Social Media

(a) The Attendees consent to being photograph or videoed whilst at the Premises. The Attendee consents to any film, videos or photographs that may be taken of them or their works to be used by the Studio in any publicity and/ or advertising programs which may be undertaken.

(b) The Attendees consent to their names being published on the Studio’s website for the purposes of identification.

(c) If the Attendee wishes to opt out of this consent, please ensure you notify the Studio directly via email at kate@studioglassworkshops.com

4.3. Booking Tickets

Tickets booked through the Website are subject to the following conditions:

(a) if you make a group booking, you accept these Terms and Conditions on behalf of all members of the group and agree to make the group aware of these Terms and Conditions (and ensure that each member of the group understands and agrees to comply with the Terms and Conditions) and are responsible for all payments due from all members of the group;

(b) if there are any changes to your details once you have received the Confirmation, then it is your responsibility to inform the Studio of all such changes by emailing the Studio at kate@studioglassworkshops.com;

(i) the volume of Tickets ordered;

(ii) past behaviour of Attendees;

(iii) under-staffing; and

(iv) demographics of Attendees, such as Age Requirements;

(d) it is your responsibility to check any Tickets issued to you are accurate; and

(e) ownership or possession of a Ticket does not confer any on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket or used in connection with the Studio.

4.4. Purchasing Tickets

(a) Tickets are only issued when purchased through the Website. Attendees must pay for tickets in advance. The Studio will accept:

(i) debit card;

(ii) credit card;

(iii) PayPal; and

(iv) direct debit, on the Website.

(b) The Studio will not accept cash as payment for tickets.

4.5. Transferring Tickets

Tickets are transferable. If the Attendee transfers their ticket to another individual, that new ticketholder is assumed to have accepted these T&Cs and understood any risks associated with undertaking the Glasswork Class.

5. REFUNDS

5.1. Major Failure of Service

(a) In accordance with your rights under the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth):

(i) if the service has a major failure, you are entitled to:

(A) cancel your contract with us;

(B) a refund for the unused portion; or

(b) Refunds for major failure of service will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue Class Credit or refund via alternative method (where possible).

5.2. Class Credit

Class Credit is allotted if:

(a) the Attendee cannot attend due to any personal reason; and

(b) gives the Studio at least two (2) weeks’ notice before the Glasswork Class.

6. PRIVACY POLICY

Our privacy policy sets out how we will collect and use your information. It can be found here. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

7. RISK AND LIABILITY

7.1. Associated Risks

(a) Due to the industrial nature of the activities, the Glasswork Class can involve risks, dangers and hazards which may lead to injuries (which may be fatal) including those beyond the reasonable control of the Studio. These risks include, but are not limited to physical injuries resulting from:

(i) improper use of the machinery in any fashion;

(ii) inhalation of fumes and dust;

(iii) touching the raw materials without the necessary protective equipment;

(iv) unexpected and unforeseeable events that may occur when working with industrial machinery; or

(v) the negligence of other Attendees.

(b) By attending the Glasswork Class you acknowledge and accept these risks.

7.2. Liability

To the fullest extent permitted by law, the Studio hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

The Studio must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Glasswork Class, this Website and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect the Studio's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. The Studio’s Intellectual Property Rights

(a) Attendees may not copy, reproduce or duplicate in any other fashion, the Intellectual Property of the Studio.

(b) The Attendees must not use the Studio’s Intellectual Property for any purpose other than the Glasswork Classes.

(c) The Attendees acknowledge that all Intellectual Property, excluding the Finished Product, which is created on the Premises will vest absolutely in the Studio upon creation.

8.2. Infringement of Intellectual Property Rights

If you are found to have infringed upon any of this clause 7 in any way, the Studio reserves the right to take legal action as they see fit. This may include but is not limited to:

(a) litigation;

(b) injunctions; or

9. VARIATION

The Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the:

(a) services including Glasswork Classes;

(b) prices of any product or service of this Website

(d) these T&Cs.

10. ENTIRE AGREEMENT

The T&Cs set out herein contain the entire agreement and understanding between the Studio and the Attendee as at the Date of Execution, notwithstanding any correspondence, negotiations or discussions prior to execution. Each Party expressly acknowledges that it has not been induced to be bound by these T&Cs by any representation (verbal or otherwise) made by or on behalf of any other Party, which is not set out in these T&Cs.

11. SEVERABILITY

If any provision of these T&Cs are invalid or unenforceable for any reason, the invalidity or unenforceability will not affect the validity or operation of any other term or provision of these T&Cs, except so far as may be necessary to remove the cause of such invalidity or unenforceability.

12. GOVERNING JURISDICTION

These T&Cs are to be governed by and construed in accordance with the laws of New South Wales and the Parties submit to the non-exclusive jurisdiction of the New South Wales courts in respect of any dispute under or in relation to these T&Cs.