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Terms & Conditions

 

Disclaimer

The information contained on https://www.paintedtoad.com website (the “Service”) is for general information purposes only.

The Painted Toad LLC assumes no responsibility for errors or omissions in the contents of the Service.

In no event shall The Painted Toad LLC be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other sorts, arising out of or in connection with the use of the Service or the contents of the Service. The Painted Toad LLC reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

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Policies and Procedures

  • Once your purchase is complete you will receive an email with your purchase information. This is how you will access your purchase. Please be sure to check your spam and promotions folders in your email before reaching out to customer support. 

  • Cancellation policy: For ongoing payments allow at least 48 hrs prior to next payment being drafted to process a cancellation. Subscriptions can be canceled through your customer login on https://www.paintedtoad.com. Login to your account and look under My Subscriptions and cancel from there. If you cannot locate where to cancel your membership, you can email rose@paintedtoad.com to request assistance with cancellation. If sent on the weekend, cancellations will be taken care of the following Monday. Business hours are 9-4PM EST M-F and 9-1PM EST Sat.

  • When the Painter's Pond Membership is canceled, access to "The Pond", the member Facebook Group, and all bonuses will be revoked at the end of the membership billing cycle. VIP Members may not register for or attend free Paint & Sips that are scheduled past their membership end date, even if they RSVP'd for an event prior to canceling. Only current members are allowed to attend free Paint & Sips. Any free event credits must be used while you are an active member and cannot be extended or credited after cancellation of your subscription.

  • When the Painting Polliwogs Art Club is canceled, access to future monthly art club meetings will be canceled. Your child will be able to attend Art Club Meetings & utilize discounts through the remainder of the current billing cycle. The Painted Toad LLC is not obligated to provide make up classes once you have cancelled your membership.

  • If you cancel after your monthly payment has been drafted, your cancellation will be effective at the end of your current billing cycle.

  • PLEASE NOTE: Billing cycles run from the date of your last draft. (For example if your payment came out on December 19, that pays for the membership through January 19).

  • PLEASE NOTE:  There are no refunds given on membership fees.

  • PLEASE NOTE: Canceling via personal messages on Facebook is not accepted. All communication needs to go through our support system via email. Messages get lost in the shuffle and I don’t always see them.  This will ensure we can help you promptly! Thank you for understanding. 

  • RIGHTS TO DESIGNS: Excluding design licenses purchased from other artists, all rights to designs and teaching belong to Rose Gottler - Owner of The Painted Toad LLC and are protected by copyright under Title 17 of the United States Code. You do NOT have permission to re-teach or share any material you purchase or learn through The Painted Toad LLC including: in person painting events or parties, online painting events or parties, sharing with persons not living in the same home as you, selling tutorials or paint kits, live streaming videos on social media channels or websites, creating products using these designs, etc. You must obtain written permission & have signed a contract for terms of use through The Painted Toad LLC to use any design other than for personal use.  If you are subscribed to a membership and you break these terms, you will be immediately removed with no refund. Other persons that violate this clause will be legally liable for breaking copyright law and are subject to criminal prosecution.

  • DOWNLOADING OR SAVING VIDEO CONTENT: Using 3rd party apps, software, or other systems to save, copy, download, or record paid video content is strictly prohibited. All Painted Toad videos and tutorials are copyrighted to the original owner, Rose Gottler. The same rules apply for an designs that The Painted Toad LLC licenses from other artists. Distributing video content whether for financial gain or sharing with anyone that has not paid for the content puts the violator and any other involved parties at risk of legal litigation.

  • SELLING YOUR ARTWORK: You DO have permission to sell your original, physical paintings & projects from tutorials and classes that you took through The Painted Toad LLC online or in studio. These are your hand made creations and we would love for you to sell them and share them on social media. Giving credit to The Painted Toad and/or Rose Gottler for the original design is appreciated. Tag #thepaintedtoad or @thepaintedtoad. You DO NOT have permission to mass produce printed duplicates of any paintings or projects and sell them.

 

Copyright Guidelines and Agreement

As a user of The Painted Toad LLC, member of The Painter's Pond and/or the Pond Dockside Club, a participant in Painting Challenges, in person painting events, etc., and/or  purchaser/owner of any The Painted Toad content materials such as video painting tutorials, you understand and agree to the following statements:

  • I promise to not sell or teach any designs from The Painted Toad LLC in any digital capacity or form.

  • I recognize that I cannot use The Painted Toad LLC or Rose's designs for local paint parties unless I have signed a terms of use contract

  • I recognize I can sell my original finished paintings that I make from The Painted Toad LLC

  • I recognize I cannot use any of The Painted Toad  LLC finished painting images to advertise or promote my own business, my social media accounts, my in-person local paint parties, or any other private or public event.

  • I promise to treat Pond Members and fellow artists with respect and not to take any images from The Painter's Pond Facebook Group or other Social Media/Website and use as my own or copy without permission from the original artist.

  • I promise to keep my comments in The Painted Toad LLC community uplifting and encouraging.

  

Affiliate Disclaimer

The Painted Toad LLC is a for profit business. The Painted Toad LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com

This means that if you purchase a product I recommend I may receive a small commission for referring at no cost to you. By using the affiliate links, you are helping support my service, and I genuinely appreciate your support.


 

Affiliate advertising programs that The Painted Toad uses are:

  • Amazon.com- As an Amazon Associate I earn from qualifying purchases.

External links disclaimer

https://www.paintedtoad.com website may contain links to external websites that are not provided or maintained by or in any way affiliated with The Painted Toad

Please note that The Painted Toad does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

 

The Painted Toad Refund policy

Refunds: There are no refunds given on any digital or virtual tutorials, courses, or challenges. There are no refunds on tickets for in person or online painting events unless the event is cancelled by The Painted Toad LLC. When you purchase a product or ticket to an event, you are agreeing to the no refund policy.

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Order Cancellation Policy: Orders can not be canceled once they are submitted. If there is a discrepancy or issue with your order, contact rose@paintedtoad.com for assistance.

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Product Arrives Damaged: If a product arrives damaged contact rose@paintedtoad.com to request a replacement. Include your order number, copy of the receipt, and a photo with a description of the damage. Product replacement is subject to the discretion of The Painted Toad LLC. In some cases, if a product is damaged during shipping, the customer may need to report the damage to the shipping carrier and submit a damage report to recoup the replacement value of the product ordered.

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Chargebacks: If you have any issues with a product or ticket purchase, contact rose@paintedtoad.com before requesting that your bank or credit card company reverse the charges. Requesting a chargeback from your bank or credit card company for a product or ticket that you knowingly purchased in order to "get a refund" is considered fraud. The Painted Toad LLC will dispute any chargebacks of purchases for products or services that have been provided in good faith.

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Digital and Physical Products

Physical Product Refund/Exchange Policy: If there is an issue with your physical product order, please reach out to rose@paintedtoad.com within 7 days of receiving your order. 

Please send your order number and description of the issue.  We will review the issue and, if we find we’ve made an error, we will issue a refund/exchange to correct the problem.  For custom paintings that are damaged through shipping, we cannot guarantee a replacement. We do our best to remedy such situations, but custom paintings are one of a kind and not easily duplicated.

Digital Product Refund Policy: Digital (includes Video Tutorials) and Downloadable products are non-refundable.

Please email us if you have an issue with your order at rose@paintedtoad.com

Membership Cancellations

If you'd like to cancel your membership please do so through your member portal or email rose@paintedtoad for assistance

Membership cancellations apply to the next membership cycle. There are no refunds on past payments or future classes that were already paid for in advance. For example, if you sign up for a 3 month membership, your membership terms remain through the three months. Memberships are non-transferable beyond the subscription period. If you wish to transfer remaining sessions purchased in a membership to another person, you need to do so by special request in an email to rose@paintedtoad.com. I reserve the right to approve or deny transfer requests on a case by case basis. Non-members may not attend any free Paint & Sips, even if you registered before canceling your membership. Any free event credits must be used while you are an active member and cannot be extended or credited after cancellation of your subscription.

 

VIRTUAL PAINTING EVENTS (ONLINE CLASSES)

Virtual Painting Classes are NON transferable and NON refundable for any reason. There will be no credits or refunds for “no shows.” Additional promos and discounts cannot be applied. *If you need assistance with Zoom, YouTube, or Facebook, you can reach out prior to the event via email: rose@thepaintedtoad.com

I will not refund or transfer due to user error. All participants receive a link to the replay of the class regardless of whether they attended or not. If you lose the digital supply list, reach out to rose@paintedtoad.com  If I can verify your purchase, I will resend the digital download.

IN-PERSON PAINTING EVENTS (LOCAL CLASSES)

In Person Painting Classes and Events are NON transferable and NON refundable except for in the following cases: Painter's Pond & Painting Polliwog Members may transfer to another event with approval and/or if an event is cancelled by The Painted Toad, all ticket holders will be given the option of a transfer or full refund. Please note, every event takes time, effort, and expense in order to to create a high quality & positive experience. The planning, supply purchases, & preparation takes place well before an event, and this is reflected in the event ticket cost. In addition, canvases, woodcuts, and any other supplies are traced, cut, and/or prepared before all in-person events.

If you have an issue with an in-person class or event, please contact rose@paintedtoad.com

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​PRIVATE PARTIES & EVENTS

The Painted Toad LLC private parties are great for social gatherings, birthday parties, scouting troops, girls nights, and more! You have the option to pay for your guests, or if guests are paying individually, a private event listing will be created for your event. You can choose your favorite painting or DIY woodcut project from my design library or I can create a custom painting or craft for your event for an extra non-refundable fee of $50.

VIRTUAL PRIVATE EVENTS & PARTIES:

All private virtual events are broadcast over Zoom. A Zoom link will be provided when your guests register through the private event page. At this time, I am not offering canvas painting kits. You are responsible for purchasing painting supplies for your guests using the list provided when you book your party. If you are ordering a custom woodcut, blanks will be shipped to the host only. The host is responsible for delivering woodcuts & supplies to guests. A supply list is provided. 

IN-PERSON PAINT PARTIES:

I provide painting supplies, set up, and clean up for in-person parties. Dates are subject to availability. In person parties are held at The Painted Toad Art Studio in Marine City. Home, Community Center, Church, School, Banquet Hall, or Business parties are booked on a case by case. I need to verify the safety and suitability of your your space prior to booking. The host is required to provide tables and chairs at off location events. Other factors including in pricing and booking for mobile events are distance, number of participants, & availability of your chosen location. Contact rose@paintedtoad.com directly to inquire about hosting a private mobile event.

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DEPOSIT POLICY

The Painted Toad Private Parties are booked by placing a non-refundable deposit of $50. The deposit is figured into the total event price unless you cancel. If the date and time you desire are not available for an in-person event, I will provide additional options of available days & times to choose from. All private paint party bookings are done through my website using your credit card on in person at the art studio via cash or credit card. I do not accept personal checks. You can email me directly at rose@paintedtoad with any questions.

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PARTY GUEST LIMITS & REQUIREMENTS

Youth Parties-Ages 8-12- Maximum number of youth guests is 15

  • 1 Adult per every 5 children at the party (adults do not pay unless they are painting). The Painted Toad LLC does not coordinate or reserve off site locations; the party host is responsible for making these arrangements

  • Pricing depends on the project. Contact rose@paintedtoad.com for a quote

  • Party Packages are available-You can customize your private party with add-ons from our partnering businesses

  • Teen Parties-Ages 13-17- Minimum number of guests is 6. Maximum number of guests is 20

  • 1 Adult per every 6 teens at the party (adults do not pay unless they are painting). The Painted Toad LLC does not coordinate or reserve off site locations; the party host is responsible for making these arrangements

  • Pricing depends on the project. Contact rose@paintedtoad.com for a quote

  • Party Packages are available-You can customize your private party with add-ons from our partnering businesses

  • Adult Parties-Ages 18-up- Minimum number of guests is 6. Maximum number of guests is 32 at the Marine City studio or up to 40 for an offsite location. The Painted Toad LLC does not coordinate or reserve off site locations; the party host is responsible for making these arrangements

  • Pricing depends on the project. Contact rose@paintedtoad.com for a quote

  • Party Packages are available-You can customize your private party with add-ons from our partnering businesses

  • The Painted Toad, LLC is not licensed to serve alcohol during your event.  If you hold your event at a location that has the appropriate liquor license to serve alcohol, The Painted Toad LLC is not subject to liability. The Painted Toad LLC and its employees reserve the right to request that drunk & disorderly persons are dismissed from an event. No refunds, returns, or rescheduling will be given. Any damages to materials owned, leased, or shared by The Painted Toad, LLC will result in separate damage fees charged to the party host and/or the offending guest(s). The Painted Toad LLC reserves the right to seek criminal or civil litigation when necessary to protect our business assets, name, and reputation.


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Payment Policies for Private Parties & Event Tickets
  • All tickets to painting classes and parties must be paid for in advance. I do not guarantee walk in availability. I do not provide refunds for no shows.

  • Private Party tickets and fees must be paid in full 7 days before the date of a canvas painting event and 14 days before the date of a woodcut or ceramic painting event, to allow for the purchase of any supplies & preparations of materials.

  • For private parties—a $10 late fee will be added for each day an invoice is not paid after the 7 or 14 day threshold, up to 7 days before the event (maximum late fee $70). At 7 days before an event, the party is subject to cancellation if the invoice has not been paid. There are NO refunds, returns, or transfers if the event is cancelled because an invoice has not been paid. I do not refund for paid for guests that do not attend the event.

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PRIVATE PARTY CANCELLATION POLICY

While I regret to lose the opportunity to paint with you, my private party cancellation policy is in place to protect my business interests. For this reason, I firmly require a minimum of 7 days notice of cancellation before your private party date, to grant a partial refund or rescheduled date. The party must have already been paid in full to qualify for cancellation, partial refund, or rescheduling.

  • Refund Policy 30-14 Days Prior to Private Event- If you need to cancel your event, you will receive a full refund of any ticket/guest fees paid. Your deposit fees and any custom painting design fees are non-refundable. There is an additional $25 cancellation or rescheduling fee. If you choose to reschedule, The Painted Toad will retain your prior payments and apply them toward your new event date.

  • Refund Policy 13-7 Days Prior to Private Event- You will receive a partial refund of ½ of any ticket/guest fees paid. Your deposit fees and custom painting design fees are non-refundable. There is an additional $25 cancellation or rescheduling fee. If you choose to reschedule, The Painted Toad will retain your prior payments and apply them toward your new event date. The new event date is non-refundable and non-transferable should you cancel at any time prior to the new event.

  • Refund Policy 6-1 Day Prior Private Event- There are no refunds. Your ticket fees, deposit fees, custom painting fees, late payment fees are non-refundable. There is an additional $25 cancellation fee. This fee goes towards the time spent in preparation, & material purchase etc. for the event that was supposed to be scheduled. There is an additional $50 fee to reschedule your event. The Painted Toad will retain your prior payments and apply them toward your new event date. The new event date is non-refundable and non-transferable should you cancel at any time prior to the new event.

NO SHOW POLICY

The Painted Toad adheres to a strict, NO SHOW=NO REFUND policy. You forfeit all deposits & fees if you do not show on the day of an event. No vouchers will be given and your party cannot be rescheduled for a future date. The no-show policy also applies to Painted Toad sponsored events, on-site events, mobile events, virtual events. subscriptions and memberships.

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PAINTED TOAD SPONSORED EVENTS

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VIRTUAL EVENTS:

There are no refunds on Virtual Events hosted by The Painted Toad. All attendees of a virtual event receive a copy of the video tutorial regardless if they attend or not. If an virtual event is canceled, it will be rescheduled for another date. If you cannot attend the new date, participants will still be able to access the video replay using the video code included on the original supply list. If a new code is used, The Painted Toad will contact all paid participants in an email to provide any new access codes.

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For In-Person Painted Toad Events Only
  • There are no ticket refunds for in-person events because your reservation takes the place of someone else that may have filled that seat. There are no ticket transfers allowed unless you signed up for select paid subscriptions (Painter's Pond Membership, Painting Polliwogs Membership).  The Painted Toad LLC reserves the right to deny a transfer request. If a transfer is granted, transfer credits must be used within 30 days or else the credits will be void. Requests through third party channels and social media are NOT guaranteed. Free classes are non-transferable.

  • ​In the event that an in-person class is canceled due to unforeseen circumstances such as natural disasters or low capacity (each class requires 2 youth attendees or 2 adult attendees). You may opt to have your purchase refunded or your tickets transferred another event of the same price & product. For DIY woodcut classes that are cancelled, ticket holders can opt to request a kit. Kits can be picked up for up to 2 weeks after the cancelled event, or you can request that your items be shipped to you. You are required to cover the cost of shipping fees.

  • Guests that arrive more than 15 minutes past the start of class will not be admitted unless they call ahead 810-676-8623

  • Every ticket purchase is a firm commitment to attend the event and we use the funds to design, create custom supply lists, purchase items to create a sample, etc. Day of event Cancellations / Transfers will not be granted, thank you for understanding.

  • There will be no credits or refunds for “no shows.”

VOUCHERS

Once a voucher from a third party is redeemed on our website your ticket(s) are NOT refundable or transferable. In the event we have to cancel one of our classes you used a voucher for, you will be given the option to reserve a seat at an event within 30 days or forfeit your credit.

If you purchased your class on a third party website, then our Refund & Cancellation policy applies to your purchase.

EMERGENCIES

The No Refund policy still applies regardless any personal situation that prohibits you from attending an event. The Painted Toad LLC reserves the right to grant or deny any and all requests for special consideration per the No Refund Policy you agreed to when you purchased your ticket.

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MEMBERSHIP & SUBSCRIPTION POLICIES

  • Cancellation policy: For pay by the month or yearly memberships, you may cancel at any time. Your cancellation will be effective at the end of your current billing cycle.

  • Billing cycles run from the date of your last payment.

  • There are no refunds given on membership fees that have already been paid.

  • Canceling via personal messages on Facebook is not accepted. You can cancel directly from The Painted Toad website in your member area or contact rose@paintedtoad.com for assistance with cancelling your plan.

  • The monthly calendar of events is subject to change and no refunds are given. New dates and times for classes and tutorials are not subject to any membership fee refunds if they do not fit within your schedule. In-Person subscription members are able to transfer their credit(s) to another class within that same subscription period. This transfer policy does not apply if you did not to attend an event you were registered for. No shows forfeit their credit and it cannot be reapplied.

  • Tickets reserved through a subscription membership are not transferable from month to month and are subject to the terms of the membership purchased.

  • For In-Person Subscription Members ONLY-In the event that ALL Painted Toad classes are cancelled within a given month, your membership will be extended for an additional month at no charge. This only applies to events that are cancelled by The Painted Toad. It does not apply if you are not able to or do not want to attend any available classes during a given month. You have the option to use remaining credits to book a private event or gift your credits to another person. This must be done through special request via emailing rose@paintedtoad.com I reserve the right to approve or deny any such requests on a case by case basis.

  • Need help or have any membership issues, email rose@paintedtoad.com and expect a response within 24-48 hours.

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CONTACT INFORMATION

Should you have any questions regarding these policies or wish to obtain a copy of your personal information kept on our files please email Rose Gottler at rose@paintedtoad.com

For any issues with your membership, purchases, or payments please contact customer support at rose@paintedtoad.com

Email is the quickest way to reach me. For customers that live in Southeast MI, you can call (810) 676-8623 with questions or if you need assistance. I do not accept out of state calls. If you do not live in the Southeast Michigan area, please use email to contact me.

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