Artist Entrepreneur License Agreement
Terms and Conditions

This Licensing Agreement (the “Agreement”) is made on the date of this agreement signed up and agreed to terms and condition agreement “License Agreement” on Painting Circle website and effective between the “artist freelancer” (the “Licensee”), and Painting Circle LLC (the “Licensor”), an LLC organized and existing under the laws of the State of New York

Painting Circle.com is an event processing platform. This agreement sets forth you are a Licensee (artist entrepreneur), you are a freelancer, independent contractor that operates his or her own business as a sole proprietary in the business to create and teach painting classes, events, parties. Artist Entrepreneur agrees confirms he or she operates their own set of events and is responsible for their conduct, behavior, event ownership, use of images, event listing, customer interactions, service and supply of art materials.

- LIMITED LICENSE-

When you have accept the terms and conditions below, Painting Circle will grant you a limited, non-exclusive, revocable license (the "License") to use the Painting Circle's name, logo, trademarks, service marks, materials made available for reproduction on the Painting Circle's website and the specific event name (the "Event Name") and Painting Circle LLC domain web page (the "Web Page") assigned to your Painting Circle event. Painting Circle LLC rules as modified from time to time by Painting Circle LLC in its sole discretion, which are incorporated by Painting Circle LLC in this License.

Painting Circle LLC reserves the full rights to revoke an artist freelancer ( the “Licensee”), person at any time for any reason(s).

The term of this License will begin upon your acceptance of these terms by clicking "I AGREE" on our website and will end upon the earlier of (i) Painting Circle LLC’s termination of your License and/or termination of access to your Painting Circle LLC domain web page at any time if you should breach any of the terms of this License or termination by Painting Circle LLC for any other reason, for any reasons, in Painting Circle LLC’s sole discretion.

The Intellectual Property may only be used to promote your Painting Circle LLC events, and in no event shall you, or any person or entity that organizes, participates in, or performs services regarding your Painting Circle event, use the Intellectual Property, or the Painting Circle LLC name, logo, trademarks or service marks, for any other purpose, including, but not limited to, the sale of books, articles, publications, audio recordings, videos or other media, without the prior written consent of Painting Circle LLC.

This prohibition shall survive the termination of the License. You may not transfer, sublicense or assign the License and/or your rights to use the Intellectual Property. Painting Circle LLC may require you to stop using the Intellectual Property in connection with your Painting Circle event and may terminate all access to your Painting Circle sub-domain web page at any time.

Artist licensee fully agrees to allow his or her contact information such as email, text number, phone number to be visually available for customer contact.

If you do not use the Painting Circle LLC trademarks or service marks according to the quality control guidelines set forth in our email, cloud, website communications, Painting Circle LLC rules, your License may be terminated by Painting Circle LLC. Painting Circle LLC may modify, amend, supplement and/or replace the terms and conditions of this License at any time.

Licensee fully agreed and understand Licensor has the full rights to terminate this licensing agreement at anytime for any reasons.  

Licensing Fee: NONE

Compensation Value: The Licensee agree to accept a payment amount based on per seat sold for your event mutually agreed upon Artist Licensee and Licensor to this agreement in writing.

Confidentiality: Licensee recognizes that trade secrets and other proprietary information of Licensor will be conveyed to Licensee pursuant to this Agreement, and Licensee agrees to keep such information in confidence and not to disclose it during or within five (5) years after the term of this Agreement. This confidentiality provision shall survive the early termination or cancellation of this Agreement, and remain in full force.  

Terms of Agreement: This agreement is an on-going daily “rolling” agreement from this Agreement made by accepting the terms and conditions online between the Licensee (Artist freelancer contractor) and Licensor (Painting Circle LLC). This Agreement will automatically renewed if agreed to by both parties of this Agreement prior to the termination by licensor at any time for any reasons and provided that Licensee is in compliance with all of the terms and conditions of this agreement.

Arbitration. The terms of this License Agreement and the rights, obligations and performance of the Parties hereunder shall be governed by the laws of the State of New York, without regard to conflict of laws principles. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration conducted in New York, NY, which shall be governed by the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.

WAIVER OF LIABILITIES

I the Freelance Artist (the “Licensee”) contractor hereby represent that I am being engaged as a “Freelance Artist” and acting as an “Independent Artist Contractor (Licensee) , sole proprietor” for Painting Circle events, upon the terms and conditions agreed upon between Painting Circle LLC and I (the freelance artist). Painting Circle LLC confirms and assumes full responsibility and liability working as an independent Artist Contract (Licensee) . Artist Contract (Licensee) understand that he or she is NOT an employee and does not earn wages.

Licensee takes full responsibility to perform the required work duties outlined in our communications, and complete the task(s) required in a time frame required. Licensee agrees to work independently ensuring the final result is well performed and achieved. Artist Contract (Licensee) is responsible for his or her tax requirements or obligations.

I as an artist understand that, as an “Independent Artist Contractor (Licensee) ”, I determine from my own ability how I perform my service to achieve the final results and set my own fee amount that is mutually agreed by freelance artist (“the licensee”). The artist freelancer ( Licensee) is not an employee of Painting Circle LLC. The Independent Artist Contract (Licensee) shall Not be considered as having an employee status or as being entitled to participate in any plans, arrangements, or distributions by Painting Circle LLC pertaining to or in connection with any insurance, pension, stock, bonus, profit-sharing, severance packages and/or unemployment benefits or similar benefits for their regular employees.

The Independent Artist Contractor (Licensee) assumes all responsibility for withholding federal tax, state tax, social security, Medicare, public and private liability and worker compensation and unemployment insurance. Furthermore, the Independent Artist Contract (Licensee) understands that he / she is not entitled to any workmen’s compensation, unemployment insurance, medical, or hospitalization coverage and will not be provided to me by Painting Circle. In addition, Painting Circle’s clients will not assume any liability for injuries or damages sustained by an Independent Artist Contract (Licensee),

For myself, my respective heirs, legal representatives and assigns, I do hereby forever release, remise, discharge and acquit Painting Circle and their respective successors and assigns and agencies from any and all claims, demands, damages, rights, actions, causes of actions, suites, debts, contracts, obligations, liabilities and all other claims and against all costs of expenses, including reasonable attorney’s fees, arising out of or relation to my engagement as an Independent Artist Contract (Licensee) with Painting Circle LLC. I understand that Painting Circle LLC does NOT research or have any information on customer(s) Painting Circle LLC services.

Artist freelancer (the licensee) understanding that when the licensee take on an event, task work, gig offered by Painting Circle LLC on my own accord, and accept all and any associated risks including (without exclusions) working with venue managers, customers, assistants, on private events, public events at private and / or public locations for any event (party) class session I, the freelance artist (the licensee) services. I, freelance artist (the licensee) take full responsibility for the outcome of any paint event, class, party that I accept from Painting Circle LLC and it's associates, website event offers.

I also represent and warrant that I can legally work in the United States as an independent Artist freelancer (Licensee) with a valid Social Security Number and I.D.

Artist freelance Contract (Licensee) shall not, during the time of rendering services to the Company or thereafter, disclose any information of a confidential nature, including but not limited to, information relating to customer's data information, any related materials deem confidential to Company.

YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR CAUSE OTHERS TO SUSTAIN IN CONNECTION WITH ANY PAINTING CIRCLE EVENT, AND TO INDEMNIFY, DEFEND AND HOLD HARMLESS TED AND ITS OFFICERS, DIRECTORS, SPONSORS, PARTNERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY LIABILITY ARISING FROM SUCH INJURIES AND/OR DAMAGES.

You agree that the terms of this License are the entire agreement between you and Painting Circle LLC supersede all communications of any kind between you and Painting Circle LLC with respect to the License and any guidelines, rules or policies incorporated in this License.

By selecting the boxes beside the text “I agree to the terms and Condition” of the Painting Circle License Agreement and "I have read and understood the Painting Circle Rules..." on this license, you are indicating your acceptance of the terms and conditions of this License.