These Terms are also a resource for you to get a deeper understanding of how the Sipping Plant, including the kinds of data collected, how bills are processed, how Sipping Plant provides services to you.
- The term “Activity” means the activity you have chosen to
- Payment Method – The term “Payment Method” means the method of your payment for the Activity that you indicated during your registration for the Activity.
- All references herein to “you” or “your” shall mean and refer to the person who purchases a Ticket(s) for the Activity, and includes any persons that attend the Activity utilizing Tickets purchased by
- The term “venue” shall mean the location where the Activity will take
- The term “Website” shall mean the website hosted by Sipping Plant: [www.sippingplant].com (and all pages contained therein).
- The term “Ticket” or “Tickets” shall mean a revocable license sold to you and for which you have
- Work(s) of Art: The term “Work of Art” or “Works of Art” shall include any planting, drawing, sketch, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner by the Sipping Plant.
- HOW WE WORK
Sipping Plant is an entertainment service that will provide you with an evening of planting instruction at the venue.
Sipping Plant reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how Sipping Plant operates and provides services and Terms.
Availability. The availability of Sipping Plant Activities at particular venues will change from time to time and could potentially change on the day of the Activity. The availability of a specific artist/instructor at the Activity may change at Sipping Plant’s sole discretion. While Sipping Plant will endeavor to make the artist/instructor you have signed up for available for the Activity, the artist/instructor may change at Sipping Plant’s sole discretion without notice to you.
Materials Provided. Sipping Plant will provide all plants, canvasses, brushes, easels, and aprons (“Equipment”) for the Activity. While Sipping Plant maintains quality control over the materials it uses, the quality of the plant, canvasses, brushes, easels, aprons and artist may vary from Activity to Activity, and venue to venue, and may be aﬀected by a variety of factors.
End result. Sipping Plant makes no representations or warranties about the quality of your planting or individual experience. Every planting will be unique, and the expectation that your planting will be a facsimile of the planting depicted on the Website is patently absurd.
Start Time. Sipping Plant will make every eﬀort to begin the instruction at the designated start time and complete the instruction in under two hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and Sipping Plant makes no representation as to the exact amount of instruction time at the Activity.
Capacity Limitations: You may not be able to attend the Activity due to capacity limitations of the venue where the Activity takes place. Sipping Plant recommends that you purchase your tickets in advance and arrive at the venue at least 30 minutes prior to the start of the Activity.
Sipping Plant Plantings. Sipping Plant may change which planting will be planted at the Activity and may make such change without notice to you.
- UNAUTHORIZED USE
Sipping Plant plantings are developed by, and for, Sipping Plant. With the exception of your planting at the Activity, you may not copy or reproduce Sipping Plant plantings or any portion thereof, and you may not sell, lease or distribute any reproduction of any Sipping Plant planting, including the planting that you plant at your Activity.
Any unauthorized use of Sipping Plant plantings are strictly prohibited.
By using the Sipping Plant, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from Sipping Plant. For example, Sipping Plant may send you newsletters about new Sipping Plant features, special oﬀers, promotional announcements and customer surveys via email or other methods.
In addition, by utilizing the Sipping Plant you expressly and/or impliedly consent to receiving electronic communications from Sipping Plant relative to your purchase, including notices about your purchase.
These communications are part of your relationship with Sipping Plant and you receive them as part of the Sipping Plant. You agree that any notice, agreements, disclosure or other communications that Sipping Plant sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Sipping Plant promotions may not be combined with any other oﬀers. You may cancel your evening with Sipping Plant at any time. However, there are no refunds or credits for unused promotional tickets.
By purchasing a Sipping Plant Ticket to your Activity, you are expressly agreeing that Sipping Plant is authorized to charge you a ticket fee at the then current rate, and any other charges you may incur in connection with your use of the Sipping Plant to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice.
- RIGHT TO TERMINATE
Sipping Plant reserves the right to terminate or restrict your use of the Sipping Plant, without notice, for any or no reason whatsoever.
Sipping Plant does not warrant that any of the Activities or materials used in connection with the Activity, nor does Sipping Plant warrant the operation of the website.
- SOCIAL MEDIA
You can connect Sipping Plant to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your account with any Social Media Accounts, you will be able to take advantage of various social features Sipping Plant may already have or will be creating, as well as features available on such Social Media Accounts.
BY CONNECTING THE SIPPING PLANT ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR SIPPING PLANT ACTIVITY, TO BE SHARED IN THIS MANNER,
- CUSTOMER REVIEWS
Sipping Plant encourages you to post reviews of Sipping Plant Activities through various social media and on the website. Sipping Plant reserves the right to promote, reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on Sipping Plant or its personnel, misleading information regarding the origin of the content; or a discussion of Sipping Plant policies or services. You understand and agree that Sipping Plant may, but is not obligated to, review the content and may delete or remove it (without notice) in Sipping Plant’s sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
- AGE RESTRICTION
The Sipping Plant shall not be used by children. The Sipping Plant is only for adults who are of the legal drinking age (or older) in the venue where your Activity is being held. Sipping Plant is not responsible in any manner if persons under the legal drinking age where the Activity is being held attend. In the event Sipping Plant or its licensee discovers that an Activity attendee is under the legal drinking age in the venue where your Activity is held, Sipping Plant or its licensee will refuse to oﬀer instruction to any underage individual, regardless of whether that individual has a Ticket to the Activity. Sipping Plant has the right to request that you present a valid form of identification demonstrating your age, in which circumstance you agree that you will comply with such request.
At the Activity, you may encounter third-party services (“TPS”), including, but not limited to food and beverage service from the venue where your Activity will take place. These TPS are provided solely as a convenience to you, and Sipping Plant is not responsible for and does not endorse the TPS provided by the venue where your Activity will take place. You understand that you are responsible for all additional charges you incur at your Activity, including, but not limited to food and beverage charges.
SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY SIPPING PLANT.
- DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILTY
THE SIPPING PLANT, SIPPING PLANT’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SIPPING PLANT, AND YOUR ACTIVITY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SIPPING PLANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SIPPING PLANT, SIPPING PLANT’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH. SIPPING PLANT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PLANTING.
- INTELLECTUAL PROPERTY
You agree that Sipping Plant is and shall remain the sole owner of all rights, title, and interest in and to any and all Works of Art, and that you shall only have the limited right to utilize a Work of Art for your Activity and/or the promotion of an Activity, and for no other purpose. At the conclusion of your Activity, you may take your own planting with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image you planted (or any reproduction thereof).
You acknowledge that any photographs taken at your Activity by Sipping Plant, any instructor, assistant, or Sipping Plant’s licensee (“Licensee”) or the agent or employee of a Licensee, which photographs depict in any manner the artwork, the set-up of your Activity, the participants or instructors or staﬀ at your Activity, you, or the equipment, materials, supplies or marketing materials related to Sipping Plant in any way shall become the property of Sipping Plant, and may not be reproduced or utilized except as authorized by Sipping Plant, and that Sipping Plant is free to use all such materials at Sipping Plant’s sole and absolute discretion.
- USE OF INFORMATION SUBMITTED
Sipping Plant is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Sipping Plant (“Feedback”), including responses to questionnaires or through postings to the Sipping Plant, including the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Sipping Plant. Sipping Plant may also share your information with third parties for purposes of Sipping Plant’s business. Furthermore, by posting any Feedback on the Website, submitting Feedback to Sipping Plant, or in responding to questionnaires, you grant Sipping Plant a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future.
- YOUR CONDUCT
By accessing the Sipping Plant, including the website, you agree to use the Sipping Plant, including all features and functionalities associated therewith, the website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You also agree not to interfere with the instructors, customers or anyone connected to any portion of the Sipping Plant, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Sipping Plant. You also agree not to impersonate any other person while using the Sipping Plant, conduct yourself in a vulgar or oﬀensive manner while using the Sipping Plant, or use the Sipping Plant for any unlawful purpose.
- PROMOTIONS WITH COUPON CODES
Promotional codes may be redeemed on the Website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other oﬀers. A valid Payment Method will be required when you redeem the promotion code. Sipping Plant will bill your Payment Method automatically.
- GOVERNING LAW AND VENUE
The Terms and the policies and procedures set forth on the website and any and all disputes between you, including all Activities, and Sipping Plant shall be governed in accordance with the laws of the State of Georgia, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.
You and Sipping Plant agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your Activity shall be arbitrated, as set forth in Section XXI hereof, solely and exclusively in Atlanta, Georgia, Fulton Count under rules of the American Arbitration Association
- WAIVER OF RIGHTS
The failure of Sipping Plant at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof and Sipping Plant may at any time demand strict and complete performance of said terms, covenants and conditions.
- ELECTRONIC TRANSACTIONS
You agree to conduct transactions, including, but not limited to the purchase of your Activity Ticket and the acknowledgement of these Terms and future transactions, by electronic means.
You agree to defend, indemnify, and hold Sipping Plant harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the attendance of the Activity and (ii) all disputes, claims, actions, or controversies related in any way to any Activity Attendees’ attendance of the Activity, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by Sipping Plant that are related to such circumstances.