TERMS OF SERVICE
Effective Date:
January 1, 2025

These Terms of Service ("Terms") govern your use of our private instruction services, website, and any related services (collectively, the "Services"). By using our Services, you agree to these Terms. If you do not agree, please refrain from using our Services.

1. Services Provided

We offer private instruction in metalsmithing, enameling, jewelry arts and related technique-based and professional practices topics. Services are provided based on availability and scheduling arrangements made between you and us.

2. Eligibility

By using our Services, you represent that:

You are at least 16 years old or have parental/guardian consent.

You have the legal capacity to enter into these Terms.

All information you provide is accurate and up-to-date.

3. Scheduling and Cancellations

a. Scheduling

Sessions must be booked in advance through Accuity or via direct communication with your instructor.

b. Cancellation & Refund Policy

- Sessions canceled by participant prior to 1 week of scheduled start date/time will receive a full refund minus $50 processing fee

- Sessions canceled by participant between 1 week and 48 hours before scheduled start date/time will receive a 50% refund

- No-shows and sessions canceled by participant within 48 hours of scheduled start time are non-refundable

- Sessions canceled for inclement weather or other circumstances beyond the control of participant or instructor will be rescheduled

- We reserve the right to cancel or reschedule sessions due to unforeseen circumstances. Sessions canceled by instructor for personal reasons will be refunded in full

- Payments for sessions rescheduled to occur within 30 days of the originally scheduled time may be applied to the new session cost

4. Payment Terms

a. Fees

Session fees are outlined on our website or communicated directly. Prices may change with prior notice.

b. Payment Methods

We accept PayPal, Venmo, cash, credit card, Apple Pay or Stripe. Payment is due prior to first session.

c. Refunds

Refunds are granted at our discretion and subject to the cancellation policy.

5. Code of Conduct

You agree to:

Arrive on time for scheduled sessions.

Treat other others with respect, kindness and professionalism, fostering a safe, inclusive, and supportive environment for all.

Follow all provided instructions and safety guidelines.

We reserve the right to refuse service to anyone violating these terms or engaging in disruptive behavior.

6. Tool and Equipment Usage

a. Equipment Provided by Us

We may provide tools and equipment necessary for instruction sessions. While we regularly maintain and inspect all equipment, you are responsible for reporting any damage or malfunction before use.

b. Personal Equipment

If you use your own equipment during sessions, you are responsible for ensuring it is in good working condition. We are not liable for damage to personal equipment used during our Services.

c. Safety and Proper Use

You agree to:

Use all tools and equipment only for their intended purpose.

Follow all safety instructions provided by us.

Refrain from using equipment in a reckless or dangerous manner.

Failure to adhere to safety guidelines may result in injury or damage, for which you assume full responsibility.

7. Liability Waiver

a. Assumption of Risk

Participation in instruction sessions, especially those involving physical activity or specialized equipment, carries inherent risks. By using our Services, you acknowledge and voluntarily assume all risks, including but not limited to:

Personal injury

Property damage

Equipment malfunction

b. Release of Liability

To the fullest extent permitted by law, you release and hold harmless Kristin Mitsu Shiga, her partners, employees, other students and agents from any and all claims, liabilities, damages, or expenses arising from:

Participation in any instruction sessions

Use of provided or personal equipment

Negligence (except for gross negligence or willful misconduct)

c. Medical Considerations

You certify that you are physically fit to participate in the Services and have consulted a medical professional if necessary. In case of emergency, you authorize us to seek medical treatment on your behalf at your expense.

d. Indemnification

You agree to indemnify and defend us against any claims arising out of your use of the Services, violation of these Terms, or misuse of equipment.

8. Intellectual Property

All content provided through our Services (including materials, videos, and lesson plans) is our property or that of our licensors. You may not copy, share, distribute, or reproduce content without prior written consent.

9. Privacy

Your use of our Services is also governed by our Privacy Policy. We collect and use your information in accordance with that policy.

10. Termination

We may terminate or suspend access to our Services if you breach these Terms. Upon termination, any outstanding payments are still owed.

11. Governing Law

These Terms are governed by the laws of the County of Clackamas, State of Oregon, United States of America. Any disputes will be resolved through mediation in Clackamas County, Oregon.

12. Changes to Terms

We may update these Terms at any time. Changes take effect upon posting the revised Terms on our website. Continued use of our Services indicates acceptance of the new Terms.

13. Contact Us

For questions or concerns about these Terms, contact us at:

info@metalsmithingonline.com
(808) 494-9652