Terms and Conditions

Effective Date:  December 10th, 2023

Websites Covered: www.adventureartacademy.com, www.theartofhiking.com, and www.claireswanderings.com

Website Owner Covered by these terms and conditions: Adventure Art LLC

By registering for any courses and/or activities offered by the Adventure Art Academy you agree to the following terms stated below. 

RELEASE OF LIABILITY

I hereby state that I wish to participate in courses and/or activities offered by Adventure Art LLC and the Adventure Art Academy. I recognize that participation in any activity that involves hiking or climbing, or other outdoor recreations, involves certain risks and dangers, including, but not limited to, the hazards of traveling in mountainous terrain, accidents or illness in remote places, force of nature (storms or other inclement weather, falling trees, landslides, avalanches, etc.), and the actions of participants and other persons. Participation in such activities may result in injury or illness, including, but not limited to:  dehydration, heat stroke, frostbite, hypothermia, skin rashes, bee stings, diseases carried by ticks, mosquitos and other animals, sprained or broken bones, falling rocks, hostile or aggressive wildlife, equipment failures, falls that may result in serious injury or death, and drowning. I understand and agree that without some protection of its assets and leaders, The Adventure Art Academy would not be able to offer its courses and activities.  By my participation in these activities, I agree and acknowledge that I am a consenting party to these activities and that I am aware of the risks of these activities. I appreciate the nature of the risks and voluntarily assume those risks. 

I understand that hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during all or portions of the activity.  I further understand Adventure Art Academy assumes no responsibility for providing medical care during the activity, and I will have to pay for any medical care and/or evacuation that I and/or my family incur.

Adventure Art Academy is not a guide service and therefore makes NO WARRANTIES, PROMISES, or GUARANTEES that the Activity is safe for me or any member of my family.  I understand that Adventure Art Academy has not verified or approved the safety of the Activity listed on its calendar.  It is solely my responsibility to determine whether I think the Activity exposes me, my family, or my child or children to an unreasonable risk of harm or loss.

I do not expect Adventure Art Academy to provide insurance or pay for any costs associated with harm, including being injured or killed, to my family or myself. I know that I have the option to purchase my own insurance. If I were to suffer any type of loss during the Activity, I would not want my loss to negatively impact Adventure Art Academy. As I am assuming all of the risks associated with the Activity, I would find it harsh and inequitable to ask Adventure Art Academy for indemnification relating to any events occurring during the Activity.  

On behalf of myself and my successors or assigns, I hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Adventure Art Academy, its owners, agents, officers, and employees, and Claire Giordano, from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, lost wages, pain and suffering, and loss of services or otherwise that may arise out of my participation in Adventure Art Academy classes and events, camping, backpacking and any or all other related and/or secondary activities, including painting. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Adventure Art Academy, its successors and/or assigns, and Claire Giordano. 


This includes but is not limited to all liability claims and causes of action in any way connected to activities completed with or inspired by The Adventure Art Academy, on property owned or leased by The Adventure Art Academy, or the actions or inactions of any Adventure Art Academy employees, members, agents, and or volunteers.

I personally assume all risks in connection with these activities. If I am signing on behalf of a minor, I further agree to HOLD HARMLESS AND INDEMNIFY The Adventure Art Academy and its owner, partners, and volunteers from all liability, claims and causes of action which the minor may have arising from the minor’s participation in activities. The terms of this agreement shall serve as a release and indemnity agreement for my heirs, personal representative, and for all members of my family, including any minors.

Photo/ Image Release

I understand that if I share work and photos with the Adventure Art Academy these images may be shared with the community, social media, or in other marketing materials that the Adventure Art Academy sees fit.  Specifically, I understand I may be photographed or videotaped, and I irrevocably grant to Adventure Art Academy, its successors, assigns, and licensees the exclusive right and authority to use, copyright and publish my voice, picture, name, and likeness for advertising, publicity, or promotional and other purposes in connection with Adventure Art Academy in any form, including and without limitation, social media outlets, newspapers, magazines, motion pictures, game programs, audio tapes, video tapes, television broadcasts and web pages. The right shall belong to Adventure Art Academy at all times and shall survive the termination of this document. No additional compensation shall be paid or payable to me for any right or use granted to Adventure Art Academy by me. 

Site Use

You agree not to collect contact information of other users from the Adventure Art Academy website, or download or copy any information by means of unsolicited access so as to communicate directly with them for any reason whatsoever.

Any unauthorized use by you shall terminate the permission granted to you by the website and You agree that you shall not bypass any measures used by the Adventure Art Academy, any of its owners, employers, or contractors, to prevent or restrict access to the website.

Intellectual Property

You agree that the Website and all Services provided by The Adventure Art Academy are the property of the Owner (Claire Giordano), including all copyrights, trademarks, trade secrets, patents and other intellectual property ("Owner IP"). You agree that the Owner owns all right, title and interest in and to the Owner IP and that you will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner.

I have read this release and indemnity agreement and have fully informed myself of its contents.  I have had the opportunity to consult with independent legal counsel regarding this Release and Agreement, and have either done so or expressly waived my right to do so.

SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

MEDIATION AND ARBITRATION AGREEMENT: This agreement is governed by and shall be construed in accordance with the laws of the state of Washington, without any reference to its choice of law rules. Any controversy or claim arising out of this agreement or in any way associated with the Activity shall be settled by arbitration in accordance with the rules of the American Arbitration Association (“AAA”). All hearings and other procedures shall be held in King County, Washington, before an Arbitrator who is a licensed attorney with at least 5 years of experience. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

VENUE:  I agree that should any dispute arise regarding this Waiver and Agreement, or the aforementioned arbitration process, and any Court or Administrative action initiated as a result, the venue for resolution of such action shall be King County, Washington.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE ACCEPTANCE. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I AGREE TO IT OF MY OWN FREE WILL.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

If participant is under 18 years of age, agreement of parent or responsible adult is required.

In consideration of the minor child being permitted to participate in the Activity, I accept and agree to the full contents of this agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding this Activity. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims or any liabilities that governing law does not permit to be excluded by agreement.

 

PRIVACY POLICY

YOUR PRIVACY IS IMPORTANT TO US.

It is Adventure Art Academy's policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to www.adventureartacademy.com and www.theartofhiking.com (hereinafter, "us", "we", or " www.adventureartacademy.com and www.theartofhiking.com"). We respect your privacy and are committed to protecting personal information you may provide us through the Website. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.

This Privacy Policy details the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.

WEBSITE VISITORS

Like most website operators, Adventure Art Academy collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, and the date and time of each visitor request. Adventure Art Academy's purpose in collecting non-personally identifying information is to better understand how Adventure Art Academy's visitors use its website. From time to time, Adventure Art Academy may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Adventure Art Academy also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on www.adventureartacademy.com and www.theartofhiking.com blog posts. Adventure Art Academy only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

GATHERING OF PERSONALLY-IDENTIFYING INFORMATION

Certain visitors to Adventure Art Academy's websites choose to interact with Adventure Art Academy in ways that require Adventure Art Academy to gather personally-identifying information. The amount and type of information that Adventure Art Academy gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a lesson to provide a username and email address.

SECURITY

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

LINKS TO EXTERNAL SITES

Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.

PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION

Adventure Art Academy discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Adventure Art Academy's behalf to provide services available at Adventure Art Academy's website, or to provide goods or services to Adventure Art Academy, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country.  By using Adventure Art Academy's website, you consent to the transfer of such information to them. Adventure Art Academy will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Adventure Art Academy discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental or lawful request, or when Adventure Art Academy believes in good faith that disclosure is reasonably necessary to protect the property or rights of Adventure Art Academy, third parties or the public at large.

If you are a registered user of www.adventureartacademy.com and/or www.theartofhiking.com and www.claireswanderings.com, and have supplied your email address, Adventure Art Academy may send you an emails to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Adventure Art Academy and our products and services. This may include forwarding newsletters as well. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Adventure Art Academy takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

AGGREGATED STATISTICS

Adventure Art Academy may collect statistics about the behavior of visitors to its websites. Adventure Art Academy may display this information publicly or provide it to others. However, Adventure Art Academy does not disclose your personally-identifying information.

AFFILIATE DISCLOSURE

This site uses affiliate links and does earn a commission from certain links. This does not affect your purchases or the price you may pay.

COOKIES

To enrich and perfect your online experience, Adventure Art Academy uses "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Adventure Art Academy uses cookies to help Adventure Art Academy identify and track visitors, their usage of www.adventureartacademy.com and/or www.theartofhiking.com, and their website access preferences. Adventure Art Academy visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Adventure Art Academy's websites, with the drawback that certain features of Adventure Art Academy's websites may not function properly without the aid of cookies.

By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to Adventure Art Academy's use of cookies.

E-COMMERCE

Those who engage in transactions with Adventure Art Academy – by purchasing Adventure Art Academy's services or products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Adventure Art Academy collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Adventure Art Academy. Adventure Art Academy does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

PRIVACY POLICY CHANGES

Although most changes are likely to be minor, Adventure Art Academy may change its Privacy Policy from time to time, and in Adventure Art Academy's sole discretion. Adventure Art Academy encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

TERMS AND CONDITIONS

These terms and conditions outline the rules and regulations for the use of Adventure Art Academy's Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Adventure Art Academy's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

COOKIES

We employ the use of cookies. By using Adventure Art Academy's website you consent to the use of cookies in accordance with Adventure Art Academy's privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

LICENSE

Unless otherwise stated, Adventure Art Academy and/or its licensors own the intellectual property rights for all material on Adventure Art Academy. All intellectual property rights are reserved. You may view and/or print pages from www.adventureartacademy.com and/or www.theartofhiking.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

1. Republish material from www.adventureartacademy.com and/or www.theartofhiking.com
2. Sell, rent or sub-license material from www.adventureartacademy.com and/or www.theartofhiking.com
3. Reproduce, duplicate or copy material from www.adventureartacademy.com and/or www.theartofhiking.com
4. Copy Adventure Art Academy’s techniques, teaching material, or class format for any commercial purpose without express written consent of the owner.

Redistribute content from Adventure Art Academy (unless content is specifically made for redistribution).

HYPERLINKING TO OUR CONTENT

1. The following organizations may link to our Web site without prior written approval:
1. Government agencies;
2. Search engines;
3. News organizations;
4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
2. dot.com community sites;
3. associations or other groups representing charities, including charity giving sites,
4. online directory distributors;
5. internet portals;
6. accounting, law and consulting firms whose primary clients are businesses; and
7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Adventure Art Academy; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

1. By use of our corporate name; or
2. By use of the uniform resource locator (Web address) being linked to; or
3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Adventure Art Academy's logo or other artwork will be allowed for linking absent a trademark license agreement.

RESERVATION OF RIGHTS

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

CONTENT LIABILITY

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

If you do not understand or agree with any of these conditions, please do not complete any registration activity. If you require further clarification, please contact [email protected]