MISSING DAYS POLICY for ART Programs & Art Camps ( Effective 07/07/22 )

Cancellation & Missing Day Policy. Very Important


YOU MUST CONTACT US BY EMAIL OF ANY CANCELLATIONS HELLO@BASHANDDESIGN.COM or by text 702-742-1110 we are no longer accepting rescheduling via calls. Thank you for understanding

For drop in ONLY options no less than 24 hr notice is required for any applicable credit transfer; no less than 48 hour notice is required for a chance of refund; Less than 24 hour notice, no call/no shows do not receive any credit or refund.
 
Full Program Cancellation 

Art programs cancellation policy after programs have begun:

We understand things happen and we try to be fair to our clients and staff. If you enrolled into any monthly payment plan for any year long programs, but need to cancel after the starting date, we will have to override your payment plan and charge the amount per class that you/your child has attended at the current drop in rate. Thank you for understanding.
There is no single class refund or transfer of credit at any time if you're not able to attend. When you enroll into our program for the entire year, you are given a discounted rate. We try to make it fair for everyone, thank you for being understanding.

​Please do not be afraid of commitment if you or your child feel like Bash & Design Gallery is not for you, we will not hold you as hostage and will work something out :)

Full enrollment single day absence:
If you or your child is unable to attend a scheduled session, you have two free sessions that you are allowed to use towards open studio time. Please ask the instructor first if a make up session is required. We have very limited space & time availability. Open studio is part of our regular schedule and cannot be rescheduled for any other times. Due to the capacity of an open studio makeup sessions are not always guaranteed, which we apologize for any inconvenience. If your missing attendance exceeds 2 sessions, or open studio hours do not work you can request an hour of a private session with the instructor for $60; you do have an option of missing the class without any make-up time, however some projects may require a make up as our instructors will not be able to get you caught up during regular class.  

 

Monthly Memberships

There are no transfer of credit to next month. 
Membership doesn't renew automatically, please contact us via email hello@bashanddesign.com or by phone 702-742-1110
There are no partial refunds once your membership has been renewed or transfer of credit towards any make up sessions.
You must register for your class at least 24hr in advance

 

Booking Fee

Starting November 1st, 2022 the scheduling system that we use for our booking will be adding a “Sawyer Booking Fee” For the longest time we tried our best to avoid it, but it seems to be the new standard when it comes to any platform that helps making customers’ booking experience easier. This is a fee that is applied by Sawyer not our company and unfortunately this fee is unavoidable, we are still paying our own transaction fees on our end. We hope that you understand and we apologize for any inconvenience. 

 

A few questions we clarified with the booking company:

 

Does the fee apply to every payment installment? No, the fee does not apply to any of the recurring billing and products.

 

How much is the fee?

When booking through Bashanddesign.com $1.99 

When booking directly through Sawyer Market place hisawyer.com $2.99

It’s important that you always start your booking process with Bashanddesign.com

 

Is the fee refundable?

It is non-refundable, Bash & Design Gallery doesn’t have the access to it, if you ever have any concerns you would need to contact Sawyer Customer Service directly https://help.hisawyer.com/hc/en-us

 

What is the reason for this Booking Fee?

For more information please visit https://sawyersupport.zendesk.com/hc/en-us/articles/7494618258199-What-is-the-Sawyer-Booking-Fee-

 

Our suggestion to you:

For customers who prefer to purchase classes as Drop-ins: it is best if you start purchasing your classes in bulk or as a membership package. We are also going to add a pack option for each program that way you can save on the booking fee.



 
Bad behavior
Even though we do believe that every child will be in their best behavior while visiting our art studio, we must mention that in order to be fair to the rest of our little artists we have established a 3 point “I am not in the mood” system. We all have our days! If for some reason one of our little artists hits the total of 3 points in one class, we will have to notify the parent/legal guardian and there will be no refund issued.
We want to make sure we all show respect towards each other at all times :)

 

 

 

 

Reservation Terms and Conditions For Paint & Sip Events Only

 

Please review our current safety guidelines prior to attending one of our classes

 

Please arrive no earlier than 15 min before class time to settle in, mingle or place your food and beverage order. We have so many wow factors at the studio that you will want to get there a little earlier!

Each ticket is purchased individually, no spectators. We do not have a waiting area, we apologize for any inconvenience! Your ticket includes everything you will need to create your project. Nonalcoholic beverage, beer and wine available for additional charge. Water is okay to bring.

No outside food is allowed, we sell food to snack on please check out our menu.

If you are coming with others but purchasing tickets separately please let us know in the “special request box” so we can seat you next to each other or it’s not guaranteed.

 

Parents and legal guardians please note

If you are dropping your child off for a class please make sure to fill out the “Contact of Emergency Box”

Each class usually lasts up to 2 hours, please make sure you are back on time.

If you would like to take a class with your child you must purchase a separate ticket, there are no spectators unless we specify it. We do not have a waiting area, we apologize for any inconvenience.

We treat our little artists as adults because we want them to feel important as we are working with them side by side, we become one art team!

Even though we do believe that every child will be at their best behavior while visiting our art studio, we must mention that in order to be fair to the rest of our little artists we have established a 3 point “I am not in the mood” system. We all have our days! If for some reason one of little artists hits the total of 3 points in one class, we will have to notify the parent/legal guardian and there will be no refund issued.

 

Snacks

During regular class sessions there are no outside snacks allowed.

We do provide juice, water and pretzels for our little artists.

Bash and Design cannot guarantee that customers do not bring in any items that contain peanut particles, oil, or gluten.  Additionally, you recognize that Bash and Design cannot prevent other customers from bringing peanuts or products containing peanuts or gluten onto the premises.  Bash and Design cannot give assurances that remnants of peanuts and/or peanut dust/oil and/or gluten will not remain on the premises.  Bash and Design is unable to guarantee an environment free of allergens (e.g.; perfumes, lotions, cleaning solutions, latex, air fresheners, etc.).

 

Original Artwork 

During our classes, you are reproducing our original designs created by Bash and Design Gallery. All of the projects are original designs of Bash and Design Gallery and Bash and Design Gallery employees. All of the art projects and designs are copyrighted and belong to Bash and Design Gallery. You are not allowed to claim original designs as yours. You cannot copy our designs or style and create a reproduction of it.  We are teaching you so you can create your own. Please respect our rights and the experience we get to share with you

Reservation Terms and Conditions

 

The following Terms of Service (the “Agreement”) outline the terms and conditions that apply to any and all events, classes, deposits, reservations, or other transactions with Bash and Design or its affiliates (a “Transaction”). By using our sites, you agree to the terms of this Agreement. Please keep a copy of this Agreement for your records.

 

I. Cancellation Policy

 

  1. Public Classes. A full refund can occur if you cancel at least 24 hours before the class starts. You also have the option to put the reservation on hold for a later date. Reservations cancelled at least 24 hours before the class starts can be put on hold to be used for another class. Loss of payment will occur for “no shows” or a cancellation with less than 24-hour notice. In certain situations, Bash and Design may choose to waive the cancellation policy to allow customers to obtain a hold for a reservation that would not otherwise be eligible to be put on hold. In such cases, the hold will expire one year from the date it was originally put on hold.

  2. If you or your party are more than 15 minutes late you may not be allowed to join the class, as we would not be able to make you catch up.

  3. Classes with low enrollment or fewer than 4 reservations may be cancelled. Guests will be notified and will receive a full refund.

 

B. Private Parties, Corporate Events, Mobile Events. Deposits for mobile events and private parties are fully refundable if the event is cancelled with at least 10 days’ advance written notice. Events in the Main Studio require at least 30 days advance notice.

 

II. Age Restrictions

Guests must be at least 21 years of age to enter the bar area or consume alcohol. There are no age restrictions for private parties but alcohol cannot be served at private parties if minors are present.

 

III. Changes to This Agreement

We may amend the terms of this Agreement at any time, including any rights or obligations you or we may have. We will post the terms to the modified agreement on our website. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Transactions. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice, or (2) you enter into a Transaction after such notice period. If you do not accept the changes, additions or deletions, your Transaction will be cancelled.

 

IV. Cancellation of This Agreement

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your entering into a fraudulent or unauthorized Transaction with Bash and Design.

 

V. Arbitration Rights

In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through negotiation. If the dispute is not resolved within 30 days then all outstanding issues may be submitted to mediation. The parties will choose a mediator together. If they fail to do so within 15 days, then either party may submit a mediation demand to JAMS Clark County for mediation under the JAMS rules. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration with JAMS under the JAMS rules. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within Clark County, Nevada.

 

In the event that any action, suit or other proceeding is instituted concerning or arising out of this Agreement or any transaction contemplated hereunder, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each such action, suit or other proceeding, including any and all appeals or petitions therefrom.

 

All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

 

VI. Waiver of Punitive Damage Claims and Class Actions

By this Agreement, each Party waives certain rights to litigate disputes in a court of law. If for any reason this arbitration clause is deemed inapplicable or invalid, each Party waives, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

 

VII. Governing Law

The parties hereto expressly agree that this Agreement will be governed by, interpreted under and construed and enforced in accordance with the laws of the State of Nevada. 

 

VII. Disclaimers and Limits of Liability

Bash and Design and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to a Transaction with Bash and Design, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. In the event that Bash and Design or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the amounts paid to Bash and Design or its affiliates for the Transaction. Bash and Design and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Bash and Design or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction related to a Transaction with Bash and Design through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

 

You agree that any alcoholic beverages you consume are your own choice and responsibility. You agree to drink responsibility and heed suggestions from others and will not drive if you are intoxicated. You acknowledge that you alone are responsible for all of your actions resulting from consuming alcohol and Bash and Design is in no way responsible.

 

You agree to release, discharge and promise not to sue or otherwise make a claim against E.S. Bash and Design, LLC, doing business as Bash and Design, under its own name or any other name and/or any of its owners, officers, employees, instructors, and agents (hereinafter, “Releasees”) for any loss, liability damage or cost whatsoever arising out of or related to your person or property.  You agree to release Releasees from any claim that such Releasees are or may be negligent in connection with your experience, including but not limited to instruction on art making/working techniques, injury/damage/liability/loss resulting from the use of equipment, injury occurring at the Bash and Design premises, and maintenance or care of tools, equipment and supplies.  You agree to indemnify and hold harmless Releasees for any loss, liability, damage, injury or cost that may arise out of or in any way connected with your use of art tools and equipment provided or any acts or omission of Releasees, or other employees or agents.  You agree to abide by and follow instructions and rules established by Bash and Design, or any of its instructors, agents, or employees, with regard to safety operations in using working tools or other artistic equipment. This includes slippery surfaces from paint clean-up, etc.

 

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

 

VIII. Photographs

I expressly allow, and hereby waive any objection to, Bash and Design photographing and/or videotaping of me when I am participating in Bash and Design activities. I understand and agree that all photographs and videotapes will remain the property of Bash and Design, and that Bash and Design may use such photographs or videotapes for archival and promotional purposes, including their use in Bash and Design catalogs, brochures, other printed materials, and in Bash and Design online web pages. Bash and Design will take all necessary precautions to keep names and ages of participants confidential unless otherwise requested.

 

IX. Assignment

Bash and Design may assign all or part of this Agreement without such assignment being considered a change to the Agreement, and without notice to you. Bash and Design would then be released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this Agreement.

 

X. Entire Agreement, Construction

This Agreement is the complete and exclusive statement of agreement between you and Bash and Design or its affiliates, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.

 

Website Terms and Conditions of Use

 

1. Terms

By accessing this website (the “Site”), the person(s) accessing the Site (“You” or “Your”) is agreeing to be bound by, and responsible for compliance with, the Website Terms and Conditions of Use (the “Terms of Use”) of E.S. Bash and Design, LLC, its franchise studios, affiliated companies, and its authorized agents, employees and assignees (collectively, “Bash and Design”) and all applicable laws and regulations, including applicable local laws. If You do not agree with any of the Terms of Use, You are prohibited from using or accessing the Site.

 

 

2. Proprietary Rights

Notwithstanding anything to the contrary herein, Bash and Design owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, and software), code and date on the Site (collectively, the “Materials”).

 

3. Chargeback Policy

All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You. There is no reason for a chargeback to ever be filed. If You feel that Your credit or debit card was used fraudulently on the Sites or at the Services, please contact Bash and Design for immediate resolution.

 

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD ON THE SITES OR AT THE SERVICES. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU OR ANY AUTHORIZED USER OF THE CREDIT OR DEBIT CARD, YOU AGREE THAT BASH AND DESIGN MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO FEES BY ANY MEANS DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, RECHARGING YOUR CREDIT OR DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

 

4. Disclaimer

 

THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”. BASH AND DESIGN MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, BASH AND DESIGN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE.

 

5. Limitations

 

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BASH AND DESIGN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF BASH AND DESIGN HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

 

6. Indemnification

You agree to defend, indemnify and hold Bash and Design harmless from any and all claims, demands, causes of action, costs, expenses, attorney’s fees, damages or liabilities of any kind arising out of or relating, in whole or in part, to the use or inability to use the Site, or Your breach or violation of the law or of these Terms of Use.

 

7. Revisions and Errata

The Materials appearing on the Site may include technical, typographical, or photographic errors. Bash and Design does not warrant that any of the Materials on the Site are accurate, complete, or current. Bash and Design may make changes to the Materials contained on the Site at any time without notice. Bash and Design does not, however, make any commitment to update the Materials.

 

8. Links

Bash and Design has not reviewed all of the websites that may be linked to the Site and is not responsible for the content of any such linked websites. The inclusion of any link to a website does not imply endorsement by Bash and Design of such website, and the use of any such linked web site is at Your own risk.

 

9. Terms of Use Modifications

Bash and Design may revise the Terms of Use for the Site at any time without notice. By accessing the Site, You agree to be bound by the then-current version of the Terms of Use.

 

10. Governing Law

The parties hereto expressly agree that this Agreement will be governed by, interpreted under and construed and enforced in accordance with the laws of the State of Nevada. 

 

11. ALL SALES ARE FINAL. NOT TRANSFERABLE. NO REFUNDS. RESTRICTIONS.

Your purchase is a revocable license. Any violation of law, or any inappropriate behavior (in Bash and Design’s sole discretion) by the user may result in revocation of the license with no refund of the purchase price or any associated charges.

LIABILITY WAIVER AND RELEASE FORM

 

I. Release and Waiver of Liability and Indemnity Agreement

In consideration of my involvement and/or my minor child’s involvement with E.S. Bash and Design, LLC d/b/a “Bash and Design Gallery” (the “Events or Activities”), I hereby agree to the terms of this Release and Waiver of Liability and Indemnity Agreement (“Agreement”).

I HEREBY WAIVE AND RELEASE, INDEMNIFY, HOLD HARMLESS, and FOREVER DISCHARGE Bash and Design, and its owners, agents, employees, officers, directors, affiliates, successors, and assigns (collectively, “the Released Parties”), from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities, of any and every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation or to my minor child’s participation in any of the Events or Activities offered by, conducted by, on the premises of, or for the benefit of, the Released Parties. I fully understand and accept that my waiver and release, indemnification, and discharge of the Released Parties as reflected herein extends fully to any Events or Activity that takes place at Bash and Design.

I fully understand that the Events or Activities at the studio or events hosted outside of the studio (art picnic, plein air) that I and/or my minor child will participate in have the potential to be or to become dangerous, and that those Events or Activities likewise have the potential to cause injuries, including bodily injury, damage to personal property, and/or serious bodily injury or even death. On behalf of myself and/or my minor child, and on behalf of my heirs, assigns, and next of kin, I hereby expressly waive and release any and all claims for damages or injuries—whether physical, mental, emotional, or otherwise—sustained by me or to my property, or sustained by my minor child or to his/her property, that I may have as against the Released Parties related to such Event or Activity.

I understand that my photograph or likeness, and/or my minor child’s photograph or likeness, may be published to social media and/or the Bash and Design website, and/or may be posted on other promotional material or in other promotional media. I understand that the decision to post any such photograph or likeness is a decision committed solely and exclusively to Bash and Design.

I understand and acknowledge that full payment is required by the start of each Event or Activity, and that there is a $30 returned check charge for any checks or debit transactions returned by the bank or other financial institution. I understand that classes may be canceled or rescheduled by Bash and Design.

I have carefully read this Agreement and fully understand its contents, as well as the Reservation Terms and Conditions and Website Terms and Conditions of Use located on the Bash and Design website. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon the prior written agreement of all parties—including Bash and Design.

The provisions of this Agreement will continue in full force and effect even after the termination of the Events or Activities conducted by, on the premises of, off the premises of, or for the benefit of the Released Parties, whether by agreement, by operation of law, or otherwise.

Should I choose to consume alcohol, I agree that any alcoholic beverages I consume are by my own choice and responsibility. I agree to drink responsibility and heed suggestions from others and will not drive if I am intoxicated. I acknowledge that I alone am responsible for all of my actions resulting from consuming alcohol and Bash and Design is in no way responsible.

I have read, understand, and fully agree to each of the terms of this Agreement. To the best of my knowledge, all of the information provided below is accurate, and unless otherwise noted in detail on this form, my child has no physical, emotional, or social conditions that make it dangerous for him/her to participate in any Event or Activity conducted or offered by Bash and Design.  If any of the information I have provided about my minor child were to change, I understand that it is my responsibility to provide Bash and Design with those changes. I understand and agree that, unless otherwise expressly stated herein, no oral or written representations can or will alter the terms of this document. I agree that this Agreement shall be governed by the laws of the State of Nevada.

I further understand, confirm, and agree that by signing this Agreement I have given up considerable future legal rights—rights that otherwise may or would have been held by me and/or my minor child absent this Agreement. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me.

My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of, and INDEMNIFICATION from, all liability to the full extent of the law. I am 18 year of age or older and mentally competent to enter into this waiver, and hereby do so on either my own behalf and/or on the behalf of my minor child.