Terms and Conditions – Virtual Workshops

Purpose of the Agreement

Client wishes to hire Vendor to provide workshop teaching services relating to Vendor’s expertise in calligraphy as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.

Terms

Services

Vendor shall provide Client with following services and/or products: “Virtual Workshop”. ​Fees are not transferable, unless expressly stated by Vendor in written form (email).
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Scope of Project. 

Included in Services:
– 2 hours of live calligraphy workshop-style teaching through a Zoom virtual meeting (+15 min if 3-4 attendees, +30 min if 5 attendees), on agreed upon time and date (“time slot”). During which the basic principles of pointed pen modern calligraphy are taught. Topics included (but not limited to): assembly of pointed pen, basic stroke formation, letter formation (lowercase), word formation, nib maintenance, ink maintenance.
– Digital file: “Essential Supplies”
– Digital file “Virtual Workshop Worksheets” – which includes lowercase and uppercase calligraphy exemplar, sample word sheet with guidelines, and blank guidelines.

Material Kit (if applicable): A material kit can be added to time slot for a $25 fee (pick up), with shipping option for additional $10 (shipping through USPS), til 9/18/2020. After 9/18/2020 additional rush fees apply. Included in the Material Kit:
– 1 nibholder
– 2 nibs
– 1 ink holder
– 2 inks: black sumi ink and a metallic ink
– stirrer
– pipet
– physical printed copy of “Virtual Workshop Worksheets” 
– physical printed copy of “Extended Supplies List”
– 5 sheets of each: blank laserjet paper, tracing paper, Rhodia dot grid paper – all in approx. letter size.

Additional Attendees. Additional attendees can be added to time slot for a $35 fee, til 9/18/2020. Client is responsible for all communication regarding Services to additional attendees. No other attendees are allowed outside of the number of attendees paid for. Attendees may join the Zoom meeting with a max. of 2 devices – 1 for viewing of the workshop, 1 for Vendor feedback.

Delivery of Services

Delivery of Services.Vendor will provide all Services on agreed upon time slot, unless otherwise specified in this Agreement. 

Shipping Fees. All shipping costs will be totaled into the final invoice. If Clients product is needed quickly, a rush shipping fee will be reflected on the final invoice.

Cost, Fees and Payment

Cost.The total cost for all Services is due in full by September 19th, 2020. Client shall pay the total cost to Vendor as follows:

• $50 – retainer – upon booking
• full balance – September 19th, 2020

Retainer.The first payment is a non-refundable retainer which is $50, retainer is due upon signing of this contract.  At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to providing the Services and turning down other potential projects/clients. Vendor will reserve the date and time range agreed upon and will not make another reservation for the specific date and time frame. For this reason, all retainers are non-refundable even if the date is changed or if the project is cancelled for any reason. If payment is delayed, Vendor’s discretion may be used to cancel the project, and Client forfeits the retainer. 

Payment. Client agrees to pay for all selected products and services. Client is responsible for timely payment of all fees. Payments can be made via e-check, Paypal and all of the following major credit cards: VISA, MASTER CARD, DISCOVER, AMERICAN EXPRESS. If there are minor adjustments, such as additional workshop participants or added shipping fees, the final payment will be adjusted. Client will be notified of any changes and will receive updated invoice. The full balance needs to be paid before September 19th, 2020. If final payment is not received, Vendor is not obligated to perform workshop services, regardless of signed contract or workshop date. 
Vendor may adjust the invoice at a later time in case of changes to the order quantity or changes in workshop needs. Vendor may never make changes to invoice after completion of workshop teaching and never to an amount lower than the initial order total.

Late Payment. In case of late payment, Vendor will send an email notification 2 business days after a payment deadline to notify Client that the payment is overdue. If payment has not been made within 48 hours of notification, the project is considered abandoned and will be terminated immediately. Any balance paid will be retained by Vendor to compensate for income lost.

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.

Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced for Client for personal use. This may include, but is not limited to, the design, layout, look, appearance, text, images, audio, videos, content, data, wallpaper, and graphics (including the HTML code used to generate it). Client may not use this product, or any part of it, for commercial purposes, unless previously approved in writing, by Vendor. Vendor must authorize use by any party other than you. Client may not copy or distribute the purchased item nor allow others to copy it, unless expressly given permission by Vendor. All copyright, trademarks, design rights and other intellectual property (registered and unregistered) shall remain vested in Vendor. Any disclosure to a third party, copying or republishing any portion of these materials outside the direction or permission of CalliRosa is strictly prohibited and constitutes infringement.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Vendor will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Vendor’s current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client.

Posting and Shipping Please know that we cannot guarantee delivery dates on behalf of USPS or FEDEX, nor can we be held responsible for delays or damage caused by USPS or FEDEX.  We will not provide cancellation or refunds because of delays by USPS or FEDEX. If you are at all concerned about this, we highly recommend requesting earlier delivery dates before purchasing your deposit.
Vendor is not responsible for resending, reprinting or reimbursing for packages that do not make it to their intended address. Please check your address list carefully to ensure all your address are correct to minimize this effect.

If an item arrives damaged, please contact Vendor within 48 hours of receipt so that Vendor can investigate the situation; if the damage is due to forces outside of Vendor’s control Vendor is not responsible, but Vendor will work with you to consider the best remedy. Items may ship separately.

Address List. Please see Vendor’s specification on prepping your address list. Addresses will be written exactly as they appear on provided list from Client. Vendor will not make etiquette or spelling corrections. If Client wishes Vendor to prepare list for calligraphy, a $125 fee will be added onto your final invoice. Please deliver the address list in a Microsoft Excel Spreadsheet.

Photo Release

Client grants permission to Vendor to use images from Client’s order and/or event (if applicable) to promote Vendor’s business, including but not limited to, use on Vendor’s website, blog, social media outlets and print marketing materials. Client waives any right to payment, royalties, or any other consideration for the use of the images. Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client’s or attendees’ likeness appears. Absent its willful or intentional misconduct, CalliRosa is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, his/her heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client’s estates have or may have by reason of this authorization.

Cancellation Policy

If for any reason the Client cancels before the project date, the CalliRosa is entitled to hold all monies paid up until date of cancellation as a cancellation fee. Cancellation must be made in writing, by or e-mail. If for any reason Client, or any other workshop attendees within the part are unable to attend the workshop at the agreed upon time and date, they may attend the replacement session on Saturday, October 10th, at 10.00am-12.00pm CDT. If unable to make this replacement session, Client forfeits their right to the services and the contract is considered fulfilled.

All Sales Are Final

All sales are final.

Although we double check all of our products before shipping, human eyes sometimes miss (spelling) errors. If you are missing any items in your order, please let us know as soon as possible. However, if the error is found on the address information provided by the Client, a refund will not be offered and new items will sent at our earliest convenience, with the cost being for the Client.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.

Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Vendor will provide 3 alternative dates for the workshop to take place.
3. Issue a refund or credit based on a reasonably accurate percentage of Services rendered if none of these alternative dates are agreeable by the Client and excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law. This Agreement shall be governed by the laws of the State of Texas and the parties shall submit to the exclusive jurisdiction of the Texas courts. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind CalliRosa in any respect whatsoever.

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.