Terms of Service
Terms of Service
These terms of service relate to any Services provided by Sharon Whelton Glass LLC (“Sharon Whelton Glass”) to its participant (those Participants, “Participants” any individual Participant, “Participant”). These terms outline the relationship and obligations between Sharon Whelton Glass and Participant for any workshops or training sessions attended (those workshops and training sessions “Workshops”, any individual workshop or training session, a “Workshop”).
Any capitalized term used in this agreement but not defined shall have the meaning as defined in the Release and Waiver Agreement which is incorporated by reference.
Sharon Whelton Glass reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Service, at any time. You are responsible for periodically reviewing the Terms of Service for changes. By continuing to use Sharon Whelton Glass, you accept any changes at the time they are implemented. BY SIGNING A WAIVER, PARTICIPATING IN A WORKSHOP, OR OTHERWISE ENGAGING SHARON WHELTON GLASS, PARTICIPANT EXPRESSLY AGREES TO BE BOUND BY ALL OF THESE TERMS OF SERVICE.
Sharon Whelton Glass strives to provide Workshops in a quality manner to ensure our Participants have a pleasant and productive experience. As such, all Participants are required to abide by the policies of Sharon Whelton Glass and agree to the terms as described in these terms of service.
1. Duties of Sharon Whelton Glass. Sharon Whelton Glass will ensure the facilities used by Participant are clean and sanitary for use and provide Participant with the proper equipment and information to fully experience the benefits of the Workshops.
2. Facility Policies and Waivers. These terms of service incorporate by reference any facility policies posted or delivered to Participant by Sharon Whelton Glass and the Release and Waiver Agreement signed by Participant. Participant agrees to abide by all facility policies.
3. Photo Authorization. Participant irrevocably authorizes Sharon Whelton Glass to take photographs or videos of Workshops. Participant authorizes Sharon Whelton Glass to publish, reproduce or otherwise use name of Participant, or the voice and likeness of Participant for advertising, marketing, instruction, art, trade or any other lawful purpose at Sharon Whelton Glass’s discretion.
3.1. Grant of Permission. Participant grants Sharon Whelton Glass the right and permission to make, copyright, use, or publish said photographs or video footage of Participant. Participant waives any right to inspect or approve the finished printed materials, videos, or web sites where Participant’s image appears. Participant consents that Participant’s name and identity may be revealed. Participant may elect to opt out of this Section by initialing the Opt-Out option in Sharon Whelton Glass’s Waiver or by providing written notice to Sharon Whelton Glass.
3.2. Release for Actions. Participant releases Sharon Whelton Glass and those acting pursuant to its authority from liability for any violation of any personal or proprietary right Participant may have in connection with such use.
3.3. Property of Sharon Whelton Glass. Participant understands that all such recordings, in whatever medium, shall remain the property of Sharon Whelton Glass.
3.4. Waiver of Right to Payment. Participant waives any right to payment or compensation for such appearance in these printed documents, videos, or web sites in any and all future uses of the photographs or video footage.
4. Arrive Early. Participant is asked to arrive at least 10 minutes prior to any Workshop to allow ample time to check in and prepare for the Workshop. Arriving late will limit the time for any scheduled Workshop.
5. Workshops. All Workshops will start and end on time so that Sharon Whelton Glass’s schedule is not delayed.
5.1. Late Arrivals. Any Participant who arrives more than 15 minutes after a scheduled Workshop time will be considered late and will not be allowed to participate in the Workshop and will be charged the full-Service value of the Workshop.
5.2. Rescheduling Workshops. Participant may reschedule or cancel a reserved Workshop up to 4 days prior to a scheduled Workshop.
5.2.1. Subject to Availability. Rescheduling a Workshop is subject to availability.
5.3. Late Cancellations. Sharon Whelton Glass reserves the right to charge the full value of the Workshop if cancellation is not made more than 4 days in advance of the scheduled Workshop. If Participant needs to cancel for any reason, please do so a minimum of 4 days prior to the scheduled Workshop. Cancellations made within 3 days will not be eligible for refund.
5.3.1. Last Minute Cancellations. Due to unforeseen circumstances, last minute changes to scheduled Workshops may occur from time to time at no expense to Participant. In the event of a scheduling issue, Sharon Whelton Glass may cancel a scheduled Workshop or change the Workshop format in the sole discretion of Sharon Whelton Glass.
5.3.2. No Show. If a Participant does not attend a Workshop that has been scheduled without any notice, Participant will be charged 100% of the Workshop value with no refund or credit.
5.4. Proper Attire. Participants must wear proper attire to ensure their own safety. Sharon Whelton Glass shall inform any current or future Participant of the proper attire before he or she participates in any Workshop. If a Participant attends a workshop in something other than proper attire, the Participant will be asked to change into proper attire or leave. At Sharon Whelton Glass’s sole discretion, failure to appear in proper attire shall be treated as either a Late Cancellation, Last Minute Cancellation, or No Show under sections 5.3., 5.3.2., and 5.3.3. respectively.
6. Subject to MAKEbhm Rules. Participants shall abide by any applicable policies or terms of service of MAKEbhm, LLC (“Make BHM”). In the event of a conflict between these terms of service and the policies and terms of service of Make BHM, the more restrictive policy shall control.
7. Refunds. All Workshop sales, retail sales, and gift certificate sales are final. No refunds are available for any purchases. If Participant has paid for a specific Workshop, but Participant’s needs change, Participant may, in the sole discretion of Sharon Whelton Glass, receive a credit to be used for other Workshops.
8. Warranty or Facility Error. If something goes wrong during any Workshop and the issue is the fault of Sharon Whelton Glass or a malfunction of equipment used to provide such Workshop, Sharon Whelton Glass may, in its sole discretion, offer Participant a make-up Workshop.
9. Age Requirements. Participant must be at least 19 years of age to participate in any Workshops without the approval or accompaniment of an adult. If Participant is under 19 years of age and a parent or guardian agrees to these terms and signs a waiver for the minor, the minor may participate in the Workshops.
10. Special Conditions. Participant agrees to notify Sharon Whelton Glass of any special needs or circumstances that may cause any modification or alteration of the Workshops for the well-being of Participant. In such circumstances, accommodations will be made in the sole discretion of Sharon Whelton Glass.
11. Respectful Environment. As a courtesy to other Participants, Participant agrees to maintain a respectful level of conversation in the facility. Cell phones and other devices must be silenced prior to entering the facility.
12. Prices Subject to Change. Although Sharon Whelton Glass makes every effort to keep its website and Workshop options updated, prices and Workshops are subject to change at any time. Sharon Whelton Glass reserves the right to refuse Service at any time, to anyone, for any reason.
12.1. Discounts. Any discounts offered by Sharon Whelton Glass will be subject to certain restrictions as stated at the time a discount is offered and are subject to change at any time and may be revoked by Sharon Whelton Glass prior to your acceptance of such discount. Discounts available to first time Participants may not be used again if Participant schedules a Workshop with a discount and fails to appear for such Workshop.
13. Service Fees and Other Charges. When the Workshops are scheduled, but before any Workshop has been attended, Participant must pay for the Workshops. If Participant requests additional Sharon Whelton Glass Workshops or fees are incurred by Participant, such additional costs will be charged as “Additional Charges”. Participant agrees to pay such Additional Charges and agrees that any additional Services resulting in Additional Charges will be subject to these terms of service. Charges that may be applied for the Services can include, but are not limited to:
13.1. Additional Cleaning. There will be an Additional Charge for any additional cleaning fees required as a result of Participant’s use of the facilities.
13.2. Damage to Equipment. If any of the equipment is damaged as a result of Participant’s use of the Services or facilities through no fault of Sharon Whelton Glass, there may be an Additional Charge.
13.3. Damage to Property. If any property of Sharon Whelton Glass is damaged as a result of Participant’s use of the facilities, there may be an Additional Charge.
13.4. Hazardous Waste Disposal. If hazardous waste must be removed from the facility as a result of Participant’s use of the Service, there will be an Additional Charge for hazardous waste disposal.
13.5. Sales Tax. Participant shall, in addition to the other amounts payable under these terms of service, pay all sales and other taxes, federal, state, or otherwise, however designated which are levied or imposed by reason of the Services provided under these terms of service.
14. Payment. Participant agreesto pay Sharon Whelton Glass any service fee or Additional Charges for services rendered within 15 days of Workshop. If payment is not made at the time required, any unpaid balance is subject to interest charges of 21% per annum or the highest interest rate allowed by law, whichever is less.
15. Credit Card Authorization. Participant authorizes Sharon Whelton Glass to process and charge Participant’s credit or debit card account for any and all amounts due in these terms of service. This authorization includes any Additional Charges incurred. Participant acknowledges receipt of the goods and services indicated in these terms of service and agrees to perform the obligations set forth in their Cardholder Agreement with the issuer of the credit card. Credit card transactions must be approved before they are accepted as payment.
16. Costs of Collection. Participant agrees to pay all collection costs, including legal fees, incurred by Sharon Whelton Glass in pursuit of collecting payment. Once collected, payments will be applied first to costs incurred for collecting, next to accrued interest and finally to the principal owed. Interest begins accruing from the due date. Participant agrees that any claim for price adjustment shall not be reason, cause, or defense for failure to make full payment of the amount owed in these terms of service.
17. Breach. Failure of Participant to follow any policies, make any payment when due, or comply with these terms of service shall be considered an Event of Breach. Event of Breach shall additionally include, continual, repeated, or excessive damages to Sharon Whelton Glass’s property, and willful, negligent, intentional, or reckless behavior which causes, directly or indirectly, harm to any person on Sharon Whelton Glass’s property or in its facilities.
17.1.Remedy for Breach. If an Event of Breach occurs, Sharon Whelton Glass may exercise the following remedies without being in breach of these terms of service or waiving any other rights or remedies available under these terms of service and applicable law:
17.1.1. Cease Services. At any time after an Event of Breach, Sharon Whelton Glass may cease allowing Participant to participate in Workshops until such Event of Breach is cured to the satisfaction of Sharon Whelton Glass.
17.1.2. Refusal of Service. At the option of Sharon Whelton Glass, Workshops may be refused indefinitely to Participant on an Event of Breach.
17.1.3.Charge Fees against Participant Account. If Participant has paid for any packages or other Workshops that have not yet been received by Participant, Sharon Whelton Glass may charge any Additional Charges against such Services and refuse service to Participant until the account is paid in full. In no event will this option be construed to limit Sharon Whelton Glass’s ability to collect the full value of any Additional Charges,
fees for Workshops, interest, or other fees as described in these terms of service.
17.1.4.Forfeit of any Fees. If Services are refused indefinitely, any fees paid to Sharon Whelton Glass for Workshops will be forfeit and will not be refunded.
17.1.5. Security. If Participant cures any Event of Breach and Sharon Whelton Glass does not exercise any of the rights listed above, Sharon Whelton Glass may, at its discretion, require security acceptable to Sharon Whelton Glass to continue offering Workshops to Participant after an Event of Breach.
18. Notices. Sharon Whelton Glass may notify Participants of changes or additional policies or other items by communicating with Participant via phone, email, mail, or by posting in the facility. Participant is considered to have received any notice delivered by Sharon Whelton Glass if such notice is delivered to the most current contact information Participant has provided to Sharon Whelton Glass or posted in the facility.
19. Email Correspondence. Participants agree for Sharon Whelton Glass to send email information, some of which will
be automated. Some information may be delivered through an email service. Participant agrees to maintain an up-to-
date email address. If Participant opts out of receiving communications from Sharon Whelton Glass, Participant may
not receive important information vital to the Services.
20. Pronouns. All pronouns and any variations shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require.
21. No Warranties. Sharon Whelton Glass makes no warranties, express or implied, regarding any Services and how Participant may react or experience such Services. Participant agrees to indemnify and hold Sharon Whelton Glass harmless against any and all claims, costs, and expenses, including attorney's fees. These claims may include, but are not limited to:
21.1. Property Damage. Any claims of property loss or damage at Sharon Whelton Glass’s facilities or any other location the Services are provided.
21.2. Any other claims. Participant releases Sharon Whelton Glass from any claims arising from the Services.
22. Severability. Each provision of these terms of service shall be considered severable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable, or illegal under any existing or future law, such invalidity, unenforceability, or illegality shall not impair the operation of or affect those portions of these terms of service which are valid, enforceable, and legal.
23. Failure to Enforce Rights. Failure by Sharon Whelton Glass to enforce any rights in these terms of service shall not be construed as a waiver of those rights or an amendment to these terms of service.
24. Construction. These terms of service shall be interpreted and construed according to the laws of the state of Alabama and jurisdiction for any dispute arising out of these terms of service shall be in the state and federal courts located in Jefferson County, Alabama; Proper venue for any claims arising out of these terms of service shall be in the state and federal courts located in Jefferson County, Alabama and Participant waives any claim improper venue. The titles of the sections in this agreement have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms and provisions of these terms of service.
25. Entire Agreement. This agreement sets forth all the understandings and agreements of whatever kind and nature
existing between the parties concerning this agreement. Any other arrangements concerning different matters between the parties must be set forth in a separate instrument.
Effective as of June 7, 2022