Private Event Terms and Conditions

1. Private Party Amenities: Private parties can be booked in our private party room, any time day of the day and week, with a minimum of 10 people for adult parties and minimum of 12 for kids parties (12 and under). The main studio space may also be booked for private parties, except during our public art instruction sessions (typically Thursday, Friday and Saturday night) UNLESS your party is at least 30 people, and must not exceed 54 people.

2. Pricing: General Pricing for our regular painting sessions is $38 per person for a 2-hour session and $48 per person for a 3-hour session (determined by painting selection). Our pricing includes the art instruction for one (1) painting, full use of the private party room amenities, the 16x20 canvas, use of our painting supplies (paint, brushes, aprons, etc). Private Parties are not eligible for discounts. **Pricing is subject to change without notice.

Private Parties can be booked at the following seat rates and minimums (based on sessions with one painting):
a. There is a minimum of 10 people to book the private room or a $380 minimum.
b. There is a minimum of 30 people to book our main studio or a $1140 minimum.

3. Payment Options: We offer two payment options for private parties:
a. Advanced Seat Payment for Whole Group: With this option, all seats for a private party must be paid in advance for the entire GROUP AND IN FULL at the Time of the Reservation to avoid the need for a deposit.
b. Deposit in Advance w/ Payment Upon Arrival: Seats may be held without advance seat payment by paying a refundable deposit of:
$99.00 refundable deposit for groups of 10 or more in the private party room
$250.00 refundable deposit for 30 or more people in the main studio

Refundable Deposit: is required, IF not paying for seats in advance. The deposit secures the desired date and time, after availability is confirmed by the studio. Deposits are refunded the first business day after the party occurs if the minimum headcount has been met (otherwise empty seats up to the minimum are deducted from the deposit and the remainder is refunded). A host may also elect to apply the deposit, partially or in full, to party charges or individual seats.

4. Cancellations: Reservations for a private party may be canceled with deposit or advanced payment refunded, or rescheduled with full amount applied, with at least 2-week notice before the scheduled party date.

5. Painting Selection: Please provide your top 3 desired painting selections. All attempts will be made to feature your first choice; however occasional scheduling conflicts can require a second or third choice to be confirmed for the party. It is not required that you choose a painting before booking your private party, but the final selection must be confirmed with the studio at least one weeks in advance of your scheduled party date.

6. Party Time Frame: Doors will be open 30 minutes in advance of the official start-time, so that you and your guests may arrive and settle in before painting begins. - Party Duration may also be extended at $50 per 30 minutes. A link to the party registration page will be provided to the host so that guests may sign up for the party in advance. Feel free to bring along any type of food you would like to enjoy! Here in the studio we provide aprons, ice and ice buckets, paper plates and utensils, and napkins. Beer, wine, mixed drinks, soda and coffee may be purchased at our bar.

7. Food: Customers may bring their own food or catering. Our amenities include a countertop serving area for the setup of your food, stocked with napkins, utensils, plates and complimentary water.

8. Alcohol Consumption: WE ARE A BAR studio: You bring the snacks, and we provide everything else you may need including drinks, ice, cutlery, glassware, plates, and napkins. Only guests 21+ may responsibly consumer alcoholic beverages.

9. KIDS parties may be booked before 5pm at a reduced rate of $30/child and minimum of 12 painters. Paintings Selections may only be picked from the Kids Library.

We Look Forward to Painting with You!

Mobile Event Terms and Conditions
The following terms and conditions are met in agreement (the “Agreement”) between client and MMSOKO LLC, an Illinois company, doing business as Pinot's Palette located at 2011 Tower Drive, Glenview, IL 60026 (the “Contractor”). The following is agreed upon when payment of deposit is received. Any additional of different details of event will be outlined in invoice.

Services to be Performed by Contractor
Contractor agrees to perform the following services for Client:
• Contractor will provide instructors and painting equipment and supplies to Customer to conduct a 2- or 3-hour painting class at location designated by Client (“Location”) for requested number of painters (the “Event”).
• Contractor will use commercially reasonable efforts to cover tables and floors at the Location with protective materials.
• Contractor will clean up the Location by removing all of its equipment and unused supplies and will put all painting related trash in appropriate trash bags.

Equipment and Supplies
Contractor, at Contractor's expense, will provide all equipment, tools, and supplies necessary to perform the contractual services, except for the following, which will be provided by Client as needed:
Space at the Location adequate to conduct the Event
Tables
Chairs
Power
Music
Video Cameras and Projection Equipment
Water Source
Trash Receptacle
Contractor cannot guarantee being able to provide painting equipment and supplies in excess of ten percent (10%) beyond the guest count provided in Section 2.

Time for Performance
Contractor will perform these services on requested date as confirmed between Client and Contractor. Contractor will set up the equipment approximately 1 - 2 hours before the Event and will breakdown the equipment approximately 1-2 hours after the Event. These times are standard unless otherwise requested by Client.

Fees for Services
• $250 deposit due to schedule the event.
• Lump sum payment due 48 hours prior to event with final headcount.
• 2-hour events: $600 for the first 15 guests, $38 per person for any additional guests
• 3-hour events: $600 for the first 15 guests, $48 per person for any additional guests
• $100 travel fee
• $75 per ½ hour if the painting event goes beyond the time referenced in Section 4 if such extension is caused due to late arrival of Client’s guests or other reasons beyond the control of Contractor.

Expenses
Contractor will be responsible for all expenses required for the performance of the contractual services.

Terms of Payment
Contractor shall be paid $250 upon booking event and the remaining amount due 48 hours prior to event. Contractor shall refund any unused deposit within two business days after completion of the Event.

Responsibilities of Client
Client will make the room at the Location available at least two hours prior to and two hours after the Event to allow for proper setup and breakdown of Contractor's supplies and equipment.

Limited Liability
This provision allocates the risks under this Agreement between Contractor and Client. Contractor's pricing reflects the allocation of risk and limitation of liability specified below.

Contractor will use commercially reasonable steps to protect tables, floors and painters' clothing but is not responsible for damages related to paint or water spills on people or objects (including chairs) regardless of the nature or cause of such damages. Client will hold Contractor harmless from any paint related damages to the facilities or property of the Location.

Contractor's total liability to Client under this Agreement for damages, costs and expenses shall not exceed the compensation received by Contractor under this Agreement.

NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER'S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.

Terminating the Agreement
The agreement will become effective when signed by both parties and will terminate on the earlier of the date Contractor completes the services required by this Agreement or the date a party terminates the Agreement as provided below.
• By Client, without cause provided Client provides notice at least thirty (30) days prior to the Event.
• By either party, with reasonable cause, effective immediately by giving written notice of termination for reasonable cause. Reasonable cause includes a material violation of this Agreement, or Client's failure to pay Contractor's fees as provided in this Agreement, where Contractor has demanded payment, in writing, and has not received payment at least two (2) business days after the date that such demand was sent to Client.
• By either party, due to a Force Majeure Event. For the purpose of this Agreement, a Force Majeure Event means any circumstance not within the reasonable control of the party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of good practice, cannot be prevented, avoided or removed by such party, and (ii) such circumstance materially and adversely affect the ability of the party to perform its obligations under this Agreement.

If Client terminates this Agreement under the provisions of this Section, Contractor shall be entitled to full payment for services performed prior to the date this Agreement is terminated.

Intellectual Property Ownership
Contractor shall retain all copyright, patent, trade secret and other intellectual property rights Contractor may have in anything created or developed by Contractor for Client under this Agreement (the "Work Product"). Contractor grants Client a nonexclusive worldwide license to use and sublicense the use of the Work Product for its own marketing purposes provided that the services being marketed do not conflict with services provided by Contractor. Client may not transfer any rights in Work Product to another person or company. The license shall have a perpetual term and may not be transferred by Client. This license is conditioned upon full payment of the compensation due Contractor under this Agreement and the failure to make such payment shall void this license.

Independent Contractor Status
The parties intend Contractor to be an independent contractor in the performance of the services.

State and Federal Taxes
Client will not withhold State, Federal, Social Security or Medicare taxes from Contractor's payments or make such tax payments on Contractor's behalf, or withhold or make state or federal unemployment contributions on Contractor's behalf.

Contractor will pay all applicable taxes related to the performance of services under this Agreement including income, Social Security, Medicare and self-employment taxes and unemployment contributions related to the performance of services under this Agreement.

If Contractor is required to pay any federal, state or local sales tax based on the services provided under this Agreement, the taxes shall be separately billed to Client.

Disputes
If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected.
The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected.

Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.

Arbitration is final and binding. This arbitration clause shall survive termination of this Agreement.

No Partnership
This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other's behalf.

Entire Agreement
This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.

Successors and Assignees
This Agreement binds and benefits the heirs, successors and assignees of the parties.

Notices
All notices must be in writing. A notice may be delivered to a party at the addresses in Section 1. A notice may be delivered in person, by certified mail, or by overnight courier.

Governing Law
This Agreement will be governed by and construed in accordance with the laws of the state of Illinois.

Modification
This Agreement may be modified only by a written agreement signed by the parties.

Waiver
If one party waives any term or provision of this Agreement at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.

Severability
If any court determines that any provision of this Agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid or unenforceable and such provision shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.

We look forward to painting with you at your venue!


Website Terms and Conditions of Use

1. Terms

By accessing this website (the “Site”), the person(s) accessing the Site (“You” or “Your”) is agreeing to be bound by, and responsible for compliance with, the Website Terms and Conditions of Use (the “Terms of Use”) of Pinot’s Palette Franchise LLC, its franchise studios, affiliated companies, and its authorized agents, employees and assignees (collectively, “Pinot’s Palette”) and all applicable laws and regulations, including applicable local laws. If You do not agree with any of the Terms of Use, You are prohibited from using or accessing the Site. The Materials contained in the Site are protected by applicable copyright and trademark laws.

2. Proprietary Rights

Notwithstanding anything to the contrary herein, Pinot’s Palette owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, and software), code and date on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights and other intellectual property and proprietary rights therein (collectively, the “Materials”). Your use of the Site does not grant to You ownership of the Materials that You may access on or through the Site.

3. Use License

Permission is granted to access and view the Materials and, unless otherwise indicted in these Terms of Use, download one (1) copy of the Materials for personal, non-commercial transitory viewing only (the “License”). The License is not a transfer of title. Under the License, You may not:

  • Modify the Materials or copy the Materials more than one (1) time;
  • Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer the Materials;
  • Remove any copyright or other proprietary notations from the Materials; or
  • Transfer the Materials to any other person, or “mirror” the Materials on any other server.

The License shall automatically terminate if You violate any of the Terms of Use. The License may be terminated by Pinot’s Palette at any time. Upon termination of the License, You must destroy any downloaded or copied Materials in Your possession whether in electronic or printed format.

4. Chargeback Policy

All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You. There is no reason for a chargeback to ever be filed. If You feel that Your credit or debit card was used fraudulently on the Sites or at the Services, please contact Pinot’s Palette for immediate resolution.

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD ON THE SITES OR AT THE SERVICES. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU OR ANY AUTHORIZED USER OF THE CREDIT OR DEBIT CARD, YOU AGREE THAT PINOT’S PALETTE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO FEES BY ANY MEANS DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, RECHARGING YOUR CREDIT OR DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

5. Disclaimer

THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”. PINOT’S PALETTE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PINOT’S PALETTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE.

6. Limitations

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PINOT’S PALETTE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF PINOT’S PALETTE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

7. Indemnification

You agree to defend, indemnify and hold Pinot’s Palette harmless from any and all claims, demands, causes of action, costs, expenses, attorney’s fees, damages or liabilities of any kind arising out of or relating, in whole or in part, to the use or inability to use the Site or the Materials on the Site, or Your breach or violation of the law or of these Terms of Use.

8. Revisions and Errata

The Materials appearing on the Site may include technical, typographical, or photographic errors. Pinot’s Palette does not warrant that any of the Materials on the Site are accurate, complete, or current. Pinot’s Palette may make changes to the Materials contained on the Site at any time without notice. Pinot’s Palette does not, however, make any commitment to update the Materials.

9. Links

Pinot’s Palette has not reviewed all of the websites linked to the Site and is not responsible for the content of any such linked websites. The inclusion of any link to a website does not imply endorsement by Pinot’s Palette of such website, and the use of any such linked web site is at Your own risk.

10. Terms of Use Modifications

Pinot’s Palette may revise the Terms of Use for the Site at any time without notice. By accessing the Site, You are agreeing to be bound by the then-current version of the Terms of Use.

11. Governing Law

Any claim relating to the Site or the Terms of Use shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.