Freelance Artist Agreement
Terms and Conditions

Definition: The term "artist" or "instructor" or "teacher" or "entertainer" is an independent freelance artist contractor

Painting Circle.com is an online platform to connect local customers with local freelance artists contractors to perform a specific artistic instructional task work at the specific customer location requested by an online customer.

Painting Circle LLC and /or Paintingcircle.com does verify the validity, safety, location quality, customer identity, or any verification of any sort of such customers or locations request by customer or in related, for reasons of performance by the freelance artist contractor. Freelance artist contractor must perform his or her due diligence prior to accepting a gig offer. Freelancer artist contract agrees that you have the flexibility, ability, and the right to accept or reject a work gig offer in accordance to freelancer artist pay rate set forth by the freelancer artist contractor.

Terms of Agreement: By accepting the terms and conditions online between the freelance Artist independent contractor and Painting Circle LLC. This Agreement will automatically renewed if agreed to by both parties of this Agreement prior to the termination by Painting Circle LLC at any time for any reasons and provided that freelancer is in compliance with all of the terms and conditions of this agreement.

Disclaimers of warranties and limitations on liability THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE AND YOUR EVENT, INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, WORKS OF ART, AND EQUIPMENT. Without limiting the foregoing, the Company assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of the Company): (i) errors or omissions in the content delivered by the Service or on the Website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Service and/or Website or user interfaces; (iv) delivery and or display of any content contained on the Website, or otherwise through the Service; and (v) any losses or damages arising as a result of or related to your Event, the provision of TPS at your Event, the consequences of the provision of TPS at your Event, or otherwise through the Service itself, including any losses or damages arising from the Service, Website, Equipment, your Event, or TPS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR WORK OF ART. In addition, the Company does not represent or warrant that the information accessible via the Website is accurate, complete or current. The Company does not make any representations with respect to the content contained on events from the Service or the descriptions of any event content contained on the Website and user interfaces. The Company does not represent or guarantee that your use of the Service will be free from interruption, and the Company disclaims any liability with respect thereto. No oral or written information or advice given by the Company or the Company's authorized representative shall create a warranty or otherwise constitute a representation binding upon the Company. IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS, SUBSIDIARIES, PARENT COMPANIES, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

Arbitration. The terms of this 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.

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 Event Attendees, and the Company shall be governed in accordance with the laws of the New York State, without regard to conflict of laws principles, and, as necessary the laws of the United States of America. You, including all Event Attendees, and the Company agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with your purchase of your Ticket shall be arbitrated, as set forth in Section 21 hereof, solely and exclusively in the New York City before either (i) JAMS arbitration service, (ii) the American Arbitration Association, or (iii) such other arbitrator as may be agreed to by you and the Company in writing. This Governing Law and Venue provision shall survive termination of these Terms and the conclusion of the Event. In the event the agreement to arbitrate set forth herein is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you, including all Event Attendees, and the Company agree that any action or proceeding involving any dispute arising out of or in connection with your Event, these Terms or the policies and procedures set forth on the Website shall be brought only in the New York State, and you, including all Event Attendees, and the Company hereto irrevocably consent and submit to the exclusive jurisdiction within the New York State in respect of any such proceeding before (i) the federal District Court for the New York State, located in New York, NY or (ii) the New York Superior Court, New York City. Waiver of rights The failure of the Company 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 the Company may at any time demand strict and complete performance of said terms, covenants and conditions. Significance of headings Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted. Severability If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect.

WAIVER OF LIABILITIES

I the Freelance Artist contractor hereby represent that I am being engaged as a “Freelance Artist” and acting as an “Independent Artist Contractor, sole proprietor” for Painting Circle LLC 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 Contractor . Independent Artist Contractor understand that he or she is NOT an employee and does not earn wages.

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

I as an artist understand that, as an “Independent Artist Contractor ”, 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 artist freelancer is not an employee of Painting Circle LLC. The Independent Artist Contractor 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 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 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 Contractor.

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 Contractor 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 contractor understanding that when you accept an event gig or task work offered by Painting Circle LLC it is accept on your my own accord, and thus accept all and any associated risks including (without exclusions) work with venue managers, customers, assistants, on private events, public events at private and / or public locations for any event (party) class session.

I, freelance artist 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 with a valid Social Security Number and I.D.

Artist freelance Contract 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 agreement 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 any guidelines, rules or policies incorporated in this Agreement

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