class Terms

 

(By purchasing a ticket for one of my classes, you are agreeing to the following…)

Pistons & PixieDust Terms of Class Participation

We are so excited to have you participate in our classes. We will always do our best to ensure that you, your car, and the rest of your belongings are safe during both our online and in-person classes. In order for you get the most out of our classes and remain out of harms way, we have laid out the terms of service for Pistons & PixieDust classes in this document.

Pistons & PixieDust, a Texas limited liability company (“we,” “us” or “Pistons & PixieDust”), provides in-person and online classes meant to teach basic to advanced car maintenance skills and technical skills related to cars, trucks, etc. Our mailing address is 1885 FM 2673 Suite 65, San Antonio, Texas 78133 (“Pistons & PixieDust”). When we accept you for class participation, you will be allowed to use Pistons & PixieDust class material and classroom space (during class time) subject to the following terms and conditions (the “Terms”), your registration for participation in a class, and any other document incorporated by reference or later issued by us to clarify or supplement these Terms or your rights as a client of Pistons & PixieDust (collectively with the Terms and Application, we’ll call these documents the “Agreement”).

The Agreement is legally binding. For that reason, it’s a good idea for you to read these Terms before you participate in a Pistons & PixieDust class. They will give you a sense of who we are, what we expect from you, and what you can expect from us. We’ve tried to write them in plain English and make them as straightforward as possible. However, sometimes the law requires us to say things using certain words or in a specific way, such as conspicuous all-cap text. The short version is this: We don’t take advantage of people, and we ask in return that you not take advantage of us. If you don’t agree to the Terms, you may not participate in Pistons & PixieDust classes.

I. In-Person Class Participation

1. Registering for Classes In-Person Pistons & PixieDust classes generally take place at The Impact Guild (708 West Summit, San Antonio, TX 78212) or the Southern Careers Institute North location (6963 Northwest Loop 410, San Antonio, TX 78238) unless they are requested elsewhere. In this case, the class location will be specified on the Pistons & PixieDust webpage located at www. pistonsandpixiedust.com (our “Webpage”). In order to participate in these classes, you will need to register for participation through Eventbrite. Your registration becomes effective upon the submission of your registration request.

2. Pistons & PixieDust’s Services. Participation in Pistons & PixieDust’s includes a right to use our class space (during class time) and to attend events and other programs that we, in our sole discretion, choose to make available to class participators (the “Services”). Because we’re always working to improve Pistons & PixieDust, the availability and scope of the Services are subject to change from time to time.

3. Modifications to Terms and Conditions. We may make modifications, deletions, or additions to these Terms and, when we do, will provide you with notice of these changes by emailing them to the last email address provided by you in your class registration and/or by posting a notice on our webpage. Changes will be effective immediately upon notice. If you do not agree to the changes, you may cancel your class registration at any time, but please note that there are no refunds for this type of cancelation.

4. Assignment. Your class registration is personal to you, and you may not assign or transfer your spot in our classes to another person.

5. Termination. You may cancel your registration for any particular class at any time by giving 7 calendar days of cancellation notice to us by providing written notice to a member our staff or by sending an email to pistonsandpixiedust@gmail.com. We may terminate your registration, including your access to the Pistons & PixieDust premises, at any time, for any or no reason, in our sole discretion.

6. Media Consent. We’re proud of our clients and like to brag about you and the great things you’re doing. We often take pictures and video recordings at events and public gatherings inside the Pistons & PixieDust work space and publish them on social media and other marketing channels. It’s not practical for us to identify every client in every photo or video and obtain permission to use each client’s image. For that reason, through this Agreement, you are acknowledging that we may take pictures and video recordings of you for marketing and promotional purposes. You authorize us to photograph, film, tape, digitally record, or otherwise create audio and video recordings, still images and/or textual descriptions, testimonials, and statements of you taken in public spaces in the applicable location (the “Recordings”) without compensation or further permission. You authorize us to edit, modify, adapt and change the Recordings at our sole discretion, and to incorporate the Recordings into print publications, electronic publications, software, video games, movie or sound recordings, broadcasts, programs, or any other media (the “Publications”). You authorize us to use, reproduce, distribute, and license to others, the Recordings and Publications in any manner of media, and to use your name (including your legal name, alias, professional name, or nickname), likeness, voice, signature, biographic or other information in connection with these Recordings and Publications for worldwide commercial and non-commercial purposes. You relinquish all rights, title and interest you may have in any Recordings or Publications as modified or unmodified, and assign all rights, title and interest you may have in any Recordings and Publications to us.

II. In-Person Class Fees.

1. Payments. You must pay your class fees when they are due. Fees for classes that have already happened and which you did or did not attend are non­refundable. If you do not pay your class fee on time, or if we are unable to charge your fee to your card as authorized, we may charge you a late fee of 10% or the maximum lawful rate permitted by law, whichever is lower. If the class fee is past due by at least 30 days, we may terminate your registration immediately without notice. If we offer you additional Services for an additional fee, the fee for those Services is due prior to the date the benefits and services are provided unless you have made other written payment arrangements with us. You are responsible for updating your payment card information using the payment service that we designate.

2. Fee Increases. We may increase class fees for future classes without notice but we will never increase the fee for a class you have already registered.

III. Community Standards

1. Food and Drink. Food and drinks are generally not permitted during class. Exceptions to this may be granted only by Pistons & PixieDust staff.

2. Damage. You may not damage or alter the Pistons & PixieDust premises or the venue at which Pistons & PixieDust classes are held, subject to ordinary wear and tear, and you will not bring any hazardous materials or illegal substances onto Pistons & PixieDust premises or on any premises where Pistons & PixieDust classes are taking place. You agree to repair any damage to Pistons & PixieDust caused by you or parties related to you.

IV. Limitations and Disclaimers

1. Warranty Disclaimer. We provide our Services using a commercially reasonable level of skill and care, and we hope that the Services are helpful to you, but there are certain things we don’t promise. And here is where we need to tell you some things that are important enough that we’ve put them in conspicuous text to call them to your attention:

OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS, DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

2. Relationship Between the Parties. We both agree that we are independent contractors, and that neither of us is the agent of the other. There is no exclusivity commitment from either of us to the other. Neither of us is prohibited from entering into agreements with third parties, including competitors of the other party, for services of the type covered by the Agreement.

3. Trademarks. You may not use the Pistons & PixieDust name, logo, or other trademarks without our prior written consent, which will be subject to our ongoing supervision. We may use your trademarks only to identify you as a student or customer of Pistons & PixieDust.

4. Limitation of Liability. If you have a disagreement with us, we’ll both agree to try to resolve it first by communicating with each other in good faith. We’re always open to hearing your possible solutions, and we want to work together. That said, whatever efforts are made to resolve a disagreement amicably, we do not forfeit any of our rights set forth in this Agreement by these efforts.

In the event you have a legal claim against us, you agree that the maximum total amount of money you can recover cannot exceed the amount of fees you have paid during the twelve months prior to the date the claim arose, unless the legal claim is based on intentional misconduct or is for personal injury or death resulting from our negligence, recklessness or intentional misconduct. In addition, you agree that in no event are you entitled to recover any lost revenue, lost profits, damages for lost data, or any indirect or consequential loss or damages or any kind. You acknowledge that we have set our fees and entered into the Agreement in reliance on the limitations of remedies and liability stated in this Agreement, and that these limitations reflect an agreed allocation of risk between you and us. The limitations stated in this Section shall apply to any liability arising from any cause of action whatsoever, whether in contract, tort, commercial code, strict liability or otherwise, even if a limited remedy fails of its essential purpose. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law.

5. Indemnification and Release. You agree that if a third party asserts a legal claim against us or any of our employees, agents, or owners based on or related to your class participation in a Pistons & PixieDust class or any actual or alleged violation of the Agreement, you will pay all reasonable costs of defending the claim, including reasonable attorney fees, and any damages awarded to the third party or paid to the third party by us as a reasonable settlement. You agree that we may control the defense of the claim at our option, or we may require you to defend the claim directly. If we elect to control the defense of the claim, you will reimburse us for our reasonable defense costs and expenses as incurred. You also agree to release, waive, discharge, and covenant not to sue us from any and all legal claims whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, whether caused by the negligence of the us, or otherwise, while on the Pistons & PixieDust premises.

6. Notices. Notices to us under this Agreement must be sent to the Manager at 1885 FM 2673, Suite 65, Canyon Lake, Texas 78133, with a copy to pistonsandpixiedust@gmail.com. We will send Notices directed to you at the primary address provided in the class registration, or if no address is provided, a copy will be sent to your primary email address on file. Notices are deemed given, received and effective as of the date on which it is emailed or hand-delivered or on the third business day following the date on which it is mailed. Notices must be given in the English language. A party may change its address for notice by giving notice in the manner stated in this Section.

7. Force Majeure. A party is excused from performance under this Agreement to the extent it is reasonably prevented from performing due to events beyond its control, such as fire, flood or other natural disaster, or unanticipated change in the law.

8. Severability. In the event one or more of the terms of these Terms and Conditions is adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret this Agreement as if such terms had not been included, or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Agreement.

9. Waiver. No rights or remedies arising in connection with this Agreement can be waived by a course of dealing between us, or by delay in exercising the right or remedy. Rights and remedies may only be waived by signing a written document that expressly identifies the right or remedy waived. Unless expressly stated in the waiver, a waiver of any right or remedy on one occasion will not be deemed a waiver of that right or remedy on any other occasion, or a waiver of any other right or remedy.

10. Governing Law. This Agreement is governed by Texas law without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas located in the City of San Antonio and County of Bexar, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Entire Agreement. This Agreement is the complete and exclusive agreement between you and Pistons & PixieDust regarding its subject matter supersedes and replaces in its entirety any prior or contemporaneous agreement or understanding regarding the subject matter of this Agreement, written or oral.

photo by Garrett Stanley

photo by Garrett Stanley