Terms and Conditions

By purchasing a class, lesson, camp or other product from Filthy Habit LLC, this INDEMNITY AGREEMENT (this “Agreement”) is made immediately effective by and between the customer or customers, including all recipients of said purchase, (hereinafter “THE CUSTOMER”) and FILTHY HABIT LLC, also sometimes referred to individually as “Party” and collectively referred to as the “Parties.” 

If the CUSTOMER who makes the purchase does so for others, that CUSTOMER accepts that they have a duty to inform any recipients that they are also the CUSTOMER for the purposes of this agreement.

WHEREAS THE CUSTOMER will be using the premises, equipment and materials in exchange for valuable consideration, THE CUSTOMER  desires to indemnify Filthy Habit LLC from any claims and/or litigation arising out of THE CUSTOMER’s use, occupation or presence.

NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, THE CUSTOMER and FILTHY HABIT LLC hereby agree as follows:

TERMS

  1. Indemnification. THE CUSTOMER shall fully defend, indemnify and hold harmless FILTHY HABIT LLC and its representatives from any and all claims, lawsuits, demands, causes of action, liability , loss, damage and/or injury of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of FILTHY HABIT LLC, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and any reimbursements to FILTHY HABIT LLC for all legal fees, expenses, and costs incurred by it. THE CUSTOMER  understands that a ceramics studio is an inherently dangerous environment and takes sole responsibility for THE CUSTOMER’s own safety, including but not limited to the assumption that all floors and stairs are always wet and slippery, that all surfaces are hot and may cause burns, and that all ladders or footstools are broken, unsturdy, unstable, or in disrepair. THE CUSTOMER also understands that materials used in the ceramics process are hazardous, and takes sole responsibility for safe use and handling of such materials. 

  2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed the Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party. 

  3. Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 

  4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

  5. Attorney’s Fees And Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision. 

  6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.

  7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provision shall continue to be valid and enforceable. If a court finds that any provision of the Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under California law. In the event that any aspect of the Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under California law. 

  8. Applicable Law. This Agreement shall be governed exclusively by the laws of California, without regard to conflict of law provisions. 

  9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of California. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue. 

  10. Cancellation Policy. Due to demand, kindly cancel 10 days before the start of class to receive a full refund. Cancellations within 9 to 6 days from the start of class will receive a 50% refund. Cancellations within 5 days from the start of class will not receive a refund at all. We cannot transfer credit to a later semester.