Terms & Conditions
Create Art With Nicky
1. These terms and conditions
1.1. What these terms cover. These are the terms and conditions govern how we will provide our services to you.
1.2. Why you should read them. Please read these terms carefully before you submit an order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1. Who we are. We are Create Art with Nicky. A sole trader business run by Nicky de Graaf, operating from Perth Scotland. (“we”, “us”, "I" “Create Art with Nicky”).
2.2. How to contact us. You can contact us by writing to us at info@createartwithnicky.com.
2.3. How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order. If needed in case of no reply we might also write to you by text message at the phone number provided to us in your order or sign up form.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails and text messages.
3. Defined Terms
3.1. In these terms and conditions the following words or phrases shall be deemed to have the definitions as detailed below:
“Create Art with Nicky Membership”means the subscription membership which grants members access to the Platform, Online Tutorial Services, Create Art with Nicky social media groups and other training resources as determined by the Create Art with Nicky from time to time;“In-Person classes or workshops”means any class, workshop or event held, hosted or organised by or in collaboration with the Create Art with Nicky that Members and/or other individuals can attend in-person;“Intellectual Property Rights”patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;"customer" refers to any individual who is booked onto a block of classes or workshop or online course. “Member”means any individual with an active Create Art with Nicky Membership or any individual who is enrolled in a workshop or course or lesson block;“Online Tutorial Services”means the provision of online training services, delivered via video session or otherwise recorded and made available to Members on the Platform and/or via YouTube;“Platform”has the meaning given at clause 9.1;
4. Customer criteria
4.1. We will only accept applications from people who are 16 years old or older. You agree that the information you gave us as part of the booking process is correct and that you are 16 years or older.
4.2. Where your contract with us relates to an In-Person block of classes, workshop or event, the contract between us will come into force on the date we accept your booking and receive your payment, and will last until the end of your In-Person block of classes, workshop or Event, unless clause 13 below applies.
5. In Person Classes
5.1 All classes must be paid for at time of booking to secure a booking.
5.2 Classes are booked in blocks only. Length of blocks and dates may vary, dates and lengths of blocks are booked as mentioned on the website at moment of booking. No bookings can be held without immediate payment.
5.3 No refunds can be granted for classes cancelled or missed by the customer.
5.4 Classes missed may be swapped for another class in the same block as the booking only.
5.5 When booking classes, whether online or elsewhere, you as the customer agree to these terms and conditions.
5.6 Any person displaying unsafe and/or inappropriate behaviours at the art classes will be asked to leave and no refund will be granted.
5.7 If the customer has any previous outstanding fees, these must be paid in full before attending classes. Create Art With Nicky has the right to refuse the customer participating if the customer has outstanding payments to create art with Nicky.
6. In Person Workshops
6.1 All workshops must be either paid in full or with a non refundable deposit of £50 at the time of booking.
6.2 No refunds can be granted for workshop days cancelled or missed by the customer.
6.3 Full payment must be made latest 14 days prior to the workshop date.
6.4 Bookings will not be secured without payment as mentioned in 6.1
6.5 If the customer has any previous outstanding fees, these must be paid in full before attending workshops. Create Art With Nicky has the right to refuse the customer participating if the customer has outstanding payments to create art with Nicky.
7. Private Classes
7.1 Private classes must be paid at time of booking. Last minute private classes might be available by contacting Nicky directly by email: info@createartwithnicky.com
7.2 No refunds can be granted for classes cancelled or missed by the customer.
7.3 Private classes can be changed to another date and or time if 48 hours notice is given in writing to create art with nicky by email to info@createartwithnicky.com. Create art with Nicky and you as the customer will both need to agree to the new date and or time.
7.4 Bookings will not be secured without payment as mentioned in 6.1
7.5 If the customer has any previous outstanding fees, these must be paid in full before attending workshops. Create Art With Nicky has the right to refuse the customer participating if the customer has outstanding payments to create art with Nicky.
8. Your obligations
8.1. Your conduct. You agree that you will comply with the membership rules of conduct set out at clause 8.2 below whilst using our services. You also agree that you will abide by such reasonable additional rules specific to an event or session as may be displayed on the website, the Platform or notified to you from time to time, and agree to abide by such additional instructions as may be reasonably specified by Create Art With Nicky.
8.2. Rules of conduct. You agree that you will:
8.2.1. co-operate with us in all matters relating to your chosen block of classes, workshop, private class or membership;
8.2.2. show consideration for other members, Create Art with Nicky staff and representatives;
8.2.3. not use abusive or foul language;
8.2.4. comply with clause 9 when booking or attending any In-Person classes, workshops or Event;
8.2.5. not behave in a way that is violent or threatening to any other member, Create Art with Nicky staff or representatives;
8.2.6. not distribute, sell, copy, modify, supply, alter, adapt, supply, translate, amend, incorporate, merge, or otherwise alter any content or learning resources provided to you in connection with a lesson, workshop, course or membership;
8.2.7. not attempt to remove or alter any logo, watermark, trademark, trade name, copyright, or other proprietary notification or marking affixed to or embedded in any Create art with Nicky content or pass off any Create Art with Nicky services, content or learning resources as your own;
8.2.8. not use any Create Art with Nicky content or resources in any way except for your own personal, non-commercial use;
8.2.9. Create Art with Nicky does not give permission to sell your rendition of a tutorial and to create prints/merchandise unless specifically specified otherwise, you may not license any work created through a tutorial;
8.2.10. not enter your rendition of any artwork created under Create Art with Nicky instruction in a competition or exhibition, these entries should be your own original works, except where written permission from Nicky de Graaf is given and credit is given to tutorial from Create art with Nicky in the exhibition, excepting any Create Art with Nicky's own exhibition;
8.2.11. if posting creative work produced under Create Art With Nicky instruction you will credit Create Art with Nicky, tutor and if relevant the photographer who produced the original image which inspired your artwork; and
8.2.12. keep Platform login details and password securely and not allow your Platform login details to be used by any other person. If a private YouTube link is shared with you as part of any purchase you shall not share this link with any other person.
8.3. Members who also teach art classes. Create Art with Nicky welcomes members who lead art classes or tutor art students and acknowledges that some members may start to teach or tutor after their Joining Date. To ensure we maintain a positive learning environment, all members who also tutor must:
8.3.1. refrain from promoting their own courses or services during any In-Person Events, classes, Online Tutorial Services or any other session hosted by Create Art with Nicky;
8.3.2. not use the Platform or any Academy social media platform to advertise or promote their own courses, services or content;
8.3.3. refrain from critiquing other members’ work or progress or from offering unsolicited teaching or instruction;
8.3.4. refrain from using images of your rendition of a project or tutorial under Create Art with Nicky instruction to market your business, or use images of your rendition to market your teaching business or to use as an example in your art classes;
8.3.5. agree that for the duration of their membership and for a period of 6 months after the termination of their contract they will not attempt to solicit or recruit students from the Create Art with Nicky community for their own courses or services.
8.4. If you are a member who also teaches art classes, by agreeing to these terms and conditions you agree that each of the covenants in clause 8.3 is considered fair and reasonable. If any such restriction shall be found to be unenforceable but would be valid if any part of it were deleted or the period or area of application reduced, the restriction shall apply with such modifications as may be necessary to make it valid and effective. Failure to comply with clause 8.3 may result in termination and potential legal action to protect the Create Art with Nicky’s business interests.
8.5. Where any member who teaches art gains a new client or student from the Create Art with Nicky community as a result of breaching their responsibilities under clause 8.3, the teaching member shall pay Create Art with Nicky, as liquidated damages, £500. We estimate that this is a reasonable and proportionate pre-estimate of our anticipated loss.
9. Intellectual Property Rights
9.1. Create Art with Nicky will retain ownership of any Intellectual Property Rights in any material, course content, documentation and any know how relating to the same or the services offered by Create art with Nicky created by it.
9.2. All Intellectual Property Rights in or arising out of or in connection with workshops, courses, lessons, Online Tutorial Services and otherwise (other than Intellectual Property Rights in any artwork created by you) shall be owned by the Create Art with Nicky.
9.3. For the avoidance of doubt, your membership does not grant you ownership of any Intellectual Property Rights in the Create Art with Nicky's materials. You are not permitted to use, reproduce, share, or redistribute any of the material, course content, documentation and any know how relating to the same or the services offered by Create Art with Nicky created by it.
9.4. Whenever requested to do so by Create Art with Nicky and in any event on the termination of the contract, you will promptly deliver to Create Art with Nicky all correspondence, documents, papers and materials on all media (and all copies or abstracts of them), recording or relating to any part of the services delivered by Create Art with Nicky in your possession.
10. In-Person Events
10.1. This clause 11 relates to In-Person Events, workshops and classes and shall apply to any individual booking and/or attending any In-Person Event, workshops and classes.
10.2. When we use the term “the Booking Form” we mean the form giving details of your event which you submitted.
10.3. When we use the phrase “your Booking” we mean the request made by you to book onto an In-Person Event, workshops or classes as reflected in your Booking Form.
10.4. How we will accept your Booking. Our acceptance of your Booking will take place when we write to you to tell you that your Booking has been accepted, and when we have received payment from you for the In-Person Event, workshops or classes in cleared funds (i.e. if you have paid by cheque or bank transfer, the money must have cleared into our account), at which point a contract will come into existence between you and us. Until that point, no booking will be made and the intended place for the In-Person Event, workshops or classes may be booked by someone else.
10.5. If we do not accept your Booking. If we are unable to accept your Booking, we will inform you of this and will not charge. This might be because of lack of capacity at the In-Person Event, workshops or classes, because in our reasonable opinion you would not be a suitable attendee, because we have identified an error in the price or description of the In-Person Event, workshops or classes, because you have previously been banned from attending our events or because the prices we offer have changed since you submitted your Booking Form.
10.6. The Booking Form. We rely on the contents of the Booking Form to plan how we will staff and cater the Event, workshops or classes. It is important that the information you gave in the Booking Form is complete and accurate, and you agree that it is.
10.7. Your Booking. If accepted by us, your Booking is personal to you and you cannot give or transfer the Booking to anyone else unless we agree in writing. If you want to change your Booking, you should ask us in writing. We will not necessarily agree, but we will consider your request fairly.
10.8. We will pass on changes in the rate of VAT. If the rate of VAT changes before the Event, workshops or classes, we will adjust the rate of VAT that you pay, and this will result in a change to the price that you will pay.
10.9. Conduct at the In-Person Event. You agree that you will comply with such reasonable rules specific to conduct at the relevant venue as may be displayed in the venue from time to time, and agree to abide by such additional instructions as may be reasonably specified by staff at the venue on a case by case basis. You agree that you will be liable to us in the event that you cause damage to the venue or our property whilst attending the In-Person Event, class or workshop.
10.10. General rules. You agree that you will:
10.10.1. show consideration for other attendees and staff at the venue;
10.10.2. only access those areas of the venue’s premises that are allocated to your In-Person Event, workshop or class and publicly accessible areas such as the venue entrance, parking and restrooms;
10.10.3. not use abusive or foul language;
10.10.4. not behave in a way that is violent or threatening to any other attendee or the staff of the venue;
10.10.5. not bring, use or be under the influence of illegal drugs in any part of the venue’s premises;
10.10.6. not be drunk in or about the venue’s premises; and
10.10.7. not behave in an anti-social or disruptive manner, including but not limited to inappropriate or threatening behaviour, damage to or misuse of equipment or any part of the venue or inappropriate sexual activities.
10.11. If in our reasonable opinion you breach these general rules, we will be entitled to eject the relevant person from the In-Person Event, workshop or class and this will not be a breach of the contract by us.
10.12. Third Party Suppliers. We might use third party suppliers to provide services to you at In-Person Events (for example for venue hire, food and beverages, or otherwise). Any third party supplier will have adequate public liability insurance.
10.13. Dietary requirements. You must notify us of your specific dietary requirements and/or allergies in advance of your selected In-Person Event, workshop or class. We shall endeavour to cater to your requirements, but we are unable to guarantee that we will be able to cater to your specific requirements.
11.1. Your right to cancel the contract.
If you purchased an online course or submitted your membership application either online, by email or over the telephone (but not if you joined at one of our In-Person Events, classes or workshops), you can cancel your membership within 14 days of your Joining Date (referred to as the “cooling off period”) without giving a reason. If you want to exercise this right to cancel, please let us know in one of the following ways:
11.2. By email. Email us at info@createartwithnicky.com. Please provide your name, home address and details of your membership or online order number.
11.3. In-Person Events, workshops or classes. Please note that the 14-day cooling off period does not apply to In-Person Events, workshops or classes.
11.4. Effect of cancellation. If you cancel during the cooling off period, we will refund all payments received from you. If you have used any of our services during the cooling off period we will make a reasonable deduction from any refund we give you to reflect your use of the services during the cooling off period.
12. Our rights to end the contract
12.1 We may end the contract if you break it. We may end the contract and your membership immediately at any time by giving you notice in writing if:
12.1.1. you commit a serious breach of any provision of these terms (including in particular the conduct rules set out at clause 8 or 9);
12.1.2 you commit frequent or repeated breaches of these terms, even if each one may by itself seem minor (including in particular the conduct rules set out at clause 8 or 9);
12.1.3. you fail to make a payment due under these terms when it is due, although we will give you seven days to correct this first; or
12.1.4. we reasonably believe that your continued membership poses a risk to the safety or mental or physical wellbeing of other members or our staff.
12.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any membership fees you have paid in advance but we may deduct (or charge you additionally) for any reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.3. Where you are outside the Fixed Term. We may end the contract between us by giving you not less than 30 days’ written notice ending on the end of the Initial Fixed Term or any Subsequent Fixed Term.
12.4. We may end the contract if Create Art with Nicky closes. If Create Art with Nicky closes in circumstances we did not plan or foresee, we can end the contract immediately by giving you notice. If we decide to close Create Art with Nicky for business or operational reasons, we can end the contract by giving you at least 30 days’ notice in writing. In these circumstances we will refund you pro rata for the period of learning you have missed out on as a result of the contract ending early.
13. Your right to make changes
If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of providing the service or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
14. Our right to make changes
14.1. Changes to workshops, courses, lessons, sessions and timelines. If we know in advance of your chosen class that we will be significantly delayed or unable to proceed, or if we need to make changes to agreed dates and times for any reason, we may change the date and/or time of your activity. We will notify you of these changes a reasonable amount of time before you are expecting us.
14.1.2. We may make changes. We may make changes to the services we offer or to the terms of the contract, or to the price we charge you at any given time.
15. If there is a problem
15.1. How to tell us about problems. If you have any questions or complaints about your in person class, workshop or event, you will contact us directly in person during that class, workshop or event. We will try to respond to questions or customer complaints as quickly as possible, and will use our best efforts to find a satisfactory solution to your complaint.
15.1.2 In case of complaints made about in person classes, workshops or events afterwards when we were not contacted directly during the class, workshop or event, no refund is granted.
15.2 If you have any questions or complaints about your online class, workshop or membership, please contact us. You can write to us using the details at clause 2.2. We will try to respond to customer complaints as quickly as possible, and will use our best efforts to find a satisfactory solution to your complaint.
16. How we may use your information
16.1. How we may use your personal information. We will use the personal information you provide to us:
16.1.1. to provide the services associated with your classes, workshops, events or membership;
16.1.2. to process your payment for such services;
16.1.3. to cater to your requirements at any In-Person workshop or event; and
16.1.4. if you agreed to this during the order process, to inform you about other products or services that we provide, but you may stop receiving these communications at any time by contacting us.
16.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.
17. Other important terms
17.1. We are not responsible for things outside our control. If our performance of our obligations under the contract is affected by an event outside our control we will not be liable to you for this provided we try to work around the issue.
17.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, provided that other organisation we transfer our rights and obligations to is of broadly equal standing and reputation to us.
17.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4. We may employ subcontractors. We are entitled to get another person or organisation to perform part or all of the services for us if we think this they have greater expertise or that this would make the services more efficient or cost effective. This will not impact the price you need to pay or your rights under this contract. We will remain fully responsible to you for the performance of the services even if we employ a subcontractor.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
17.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings in respect of the services in the Scottish courts. If you live in England you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the Scottish courts.
17.7. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
