Thank you for your support and interest in Atelier Bellefonte by Creative Powerhouse Marketing, LLC. We are so thankful to have you as a part of our Atelier Bellefonte community!
Please review these Terms of Purchase very carefully. By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.
General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Atelier Bellefonte by Creative Powerhouse Marketing, LLC (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining products and/or services (our “Products”) whether through the Company’s website at atelierbellefonte.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”
By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions{, together with the Terms of Use and our Privacy Policy, all of which are hereby incorporated by reference} ( the "Terms"):
Scope of Studio Rental Services. Company grants Purchaser a limited and revocable license to use Company’s space for Purchaser’s event on the Rental Date and Time subject to these Terms. Company’s space may be used for photography, videography, private co-working, small meetings, and podcasting. Other events, such as ticketed events, workshops, classes, retreats, markets, vendor shows, pop-up stores, parties, or other event types not described, require preauthorization from the Company before purchasing. Purchasing without preauthorization from the Company will result in a cancellation of Purchaser’s reservation, and Company will keep the total Reservation Fee as liquidated damages.
Rental hours begin at the date and time scheduled by the Purchaser via the booking calendar, and time ends when scheduled amount of hours have elapsed. Rental time selected by Purchaser includes ALL set up and breakdown of any equipment, props, etc. by Purchaser, as well as returning the space to how it was found when the Purchaser entered the studio, and any necessary cleaning. No additional time before or after the scheduled date and time by the Purchaser will be provided for set up, tear down, or cleaning.
For the Purchaser’s rental date and time, the Company shall provide Purchaser with the following:
Use of indoor space (open living room/studio area, kitchen, and bathroom) for up to 24 people
optional use of backdrops and/or seamless papers as available (for an additional fee selected at checkout, detailed below)
props provided in the prop closet and on the display shelf
furniture in the rental such as, couch, chairs, rugs, desk, bed, etc.
equipment such as, continuous lights, tripods, stands, etc.
style closet dresses in various sizes
Pre-bagged snacks in the drawer to the right of the oven in the kitchen and drinks (bottled water, cans of sparkling water, half and half for coffee) in the fridge, Nespresso coffee pods and coffee sweetener options in the drawer under the Nespresso machine in the kitchen, when available
In addition, Company will provide the Services listed in these Terms. WIFI internet service and Bluetooth speakers are available during the rental period. Entry codes for access will be provided to the email address used at time of purchase by the Purchaser the night before the scheduled date. Purchaser’s entry codes will be time-bound and will only open the studio door directly at start time/ will no longer work directly at end time.
Out of Scope of Studio Rental Services. Company shall not guarantee or provide Purchaser the following:
The Company does not provide a photographer, assistant, editor, sales associate, or any other in-person studio employee for Purchaser.
The Company does not provide private parking for Purchaser or guests of Purchaser. Purchaser is responsible for finding their own parking. In the area of the studio, Purchaser has the option to pay for public metered street parking or metered lot parking. The Company can not guarantee availability of public parking within the area of the studio at the time of Purchaser’s rental.
The Company does not provide Purchaser the use of the private office accessed in the kitchen area. The private office is to be locked at all times, unless Company owner is currently in the office. In the event the office is unlocked and the Company owner is not in the office, the Purchaser is not given access to enter the office or use any items from the office.
The Company does not provide any food for the Purchaser or guests of Purchaser outside of the snacks/drinks listed in the above section. Any food found in the refrigerator, freezer, or cupboards, beyond the provided snacks listed prior, are not available for use by Purchaser. Purchaser should also not throw away or remove any out of date or expired food found in the studio, Purchaser should instead inform the Company owner of such items.
The Company does not provide any storage on-site or include any advanced-in-studio-storage before or after the purchased rental date and time. Additional backdrops, props, furniture, can be brought in by the Purchaser, but can only be brought into the studio during the time of the reservation. Any Purchaser-provided items cannot be stored before the purchased rental date or time, unless a full 12-hour-day rental is occurring and the 6-7pm time slot the day before the 12 hour day is also rented. Studio is not liable for any of the “overnight storage’ items. This type of additional rental requires Company preauthorization and Purchaser assumes all risk by using this option.
The Company does not control what is captured in the studio by customers and therefore cannot be held liable for any false advertising or misleading marketing of businesses using the studio for promotional pictures or events.
Rented Items. All items in the open rental space (living room, kitchen, and bathroom), including but not limited to, tables, chairs, photography equipment, lighting equipment, paper seamless backdrops, fabric backdrops, props, clamps, tape, containers, linens, lighting, furniture, props, style closet items, may be used for the rental by Purchaser but belong to Company unless stated otherwise in this Agreement. Purchaser is responsible for keeping all rented items in the space in the same or similar condition as it was delivered to them, following the rental. In the event rental items are missing or damaged, Company reserves the right to contact Purchaser with the amount due and charge the Purchaser’s card on file as necessary. Any additional items needed for the rental must be purchased by the Purchaser in advance and removed from the studio by the Purchaser at the end of the rental.
Company maintains no special guarantees as to the availability, functionality, or suitability of equipment, backdrops, furniture, props, or style closet items for Purchaser’s purpose, and all items listed are subject to change at any time.. Purchaser should notify Company immediately of any malfunction, damages, or other issues with rental studio items.
Studio Prohibitions. The following are prohibited at the rental property: (i) nails, staples, glues, screws, tacks, tape, or the like on the walls, ceilings, or floors; (ii) holes in the walls, partitions, ceiling, or floors; (iii) painting of any signs, placards, or other advertising, banners, pennants, awnings, or the like; (iv) fireworks, smoke bombs,pyrotechnics of any sort, as well as hazardous, poisonous, or flammable materials; (v)pets/animals; (vi) rice, paint, non-studio-provided confetti (or use of flour/sugar/etc. as confetti), bird seed, or silly string, tinsel, champaign sprays (or sprays of similar liquids), fog machines, atmospheric spray; or other products that may cause permanent damage during their rental period (vii) drugs of any kind, including recreational marijuana; (viii) smoking of any kind, including vaporizers;(ix) alcohol of any kind that is not distributed by an authorized beverage company with proper permitting; and (x) duplication of physical keys, or sharing of unique lock code. Any modifications to these standard prohibitions must be approved through written consent of Company.
Notice of Cameras. The inside and outside of the studio (with the exception of the bathroom) is monitored 24 hours a day by multiple security cameras that record both video and audio. By agreeing to these Terms, Purchaser is accepting these terms for video and audio of their studio rental being captured for themselves and any guests of Purchaser at the time of rental. The Company reserves the right to view or monitor the camera footage at any time or access the cameras’ audio and video 24/7. The Purchaser and/or guests of Purchaser are not permitted to move, unplug, or alter any of the cameras in any way.
Availability + Booking Limitations. The studio is available for public booking from 7am to 7pm, Wednesday through Sunday, unless otherwise noted on the online booking calendar. Mondays and Tuesdays are reserved for Members only, and not available for public booking. Memberships are a separate product/service for purchase and is not included in this specific Terms of Purchase.
In order to purchase time at the studio, the Purchaser must be purchasing as a business (a photographer, videographer, business owner, content creator, etc.). Private/Non-Business rentals are not available at this time. Business name must be provided at time of purchase and Purchaser must verify proper insurance has been acquired before purchasing. The Purchaser must provide the email address and payment information of the business reserving the studio space, in the event the business needs to be contacted about any purchases or fees need to be charged after a rental. Purchaser may not be a client of a business using the space, and if the Company determines the Purchaser is a client of a business renting the space, the Company reserves the right to cancel any bookings as such, and Company will keep the total Reservation Fee as liquidated damages.
Exclusivity + No Subletting. All reservations of the studio are exclusive to the Purchaser for the selected date and time at purchase, and Purchaser must be present at all times on the scheduled date and time while any guests of the Purchaser are on the premises . Reservations may not be sold by Purchaser, subleased by purchaser, transferred by Purchaser, or bought anywhere other than the Company’s official website / booking platform. Selling/subletting/transferring after purchase via the Company’s website is strictly prohibited and will result in cancellation of all reservations and a permanent ban from the studio. Purchasing reservations from a current Member of the studio is also strictly prohibited and will result in cancellation of all reservations and bans for all parties involved.
Fees. The fees in these Terms of Purchase are based on Company’s current rental pricing at the time of booking. Unless otherwise indicated, all Fees are in USD. The rental price list is adjusted periodically, and future bookings will be charged at the prices in effect at the time. Purchaser shall reserve the time and date of services by paying the Reservation Fee, which is the total purchase price of their selected reservation package, based on the pricing of packages on the website at the time of purchase. Reservation Fee prices on the website are subject to change at any time. All sales are final. Reservation is non-refundable and non-transferrable.
Additionally, in the event that the Company discovers or determines issues after Purchaser's scheduled date and time, with no time limit existing as to when fees can be charged afterwards, the Purchaser will be charged the following fees as they apply:
Extended time (stayed past rental time) $65/per hour
Garbage / disposal fee on non-studio-provided items $100
**Broken prop fees
Standard paper fee $35 (must be selected at time of checkout)
Smoking/vaping in studio $250
Leaving lights on $100
Leaving mini split on $100
Pulling paper past pull line $50
Studio not reset before leaving$100
**Furniture damage / cleaning
Unapproved confetti usage ($100)
Extra cleaning $150
Extra/misuse of paper fee $150 (if paper is used, but Standard Paper Fee was not selected at time of checkout; more paper than the Standard Paper Fee covers was used; acrylic sheets not used on paper; paper was ripped, dirtied/damaged, or destroyed beyond repair)
Wall damage $150
**Using any Out-of-Scope food products
**Removing any Out-of-Scope food products
**fees with no specific amount listed will be based on the amount of damage/repair/replacement needed
No Warranties + No Guarantees (Studio). COMPANY MAKES NO WARRANTY REGARDING THE SUITABILITY OF THE PROPERTY FOR RENTER’S INTENDED USE. INCLUDING NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE PROPERTY, ITS MERCHANTABILITY, CAPACITY, PERFORMANCE, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS.
No Warranties + No Guarantees (Products). We are providing Products or Services on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.
Geographic Limitations. You understand and agree that the rental of the Atelier Bellefonte studio will take place at 127 S Allegheny Street in Bellefonte, Pennsylvania, and will not be suitable for those outside of Centre County, Pennsylvania and surrounding counties, or those willing to travel to the studio location.
Payment + Billing. By providing the Company with your online payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.
Purchaser understands and agrees that the online payment processor used by Company will securely keep Purchaser’s credit card information on file. The card on file must be the regularly-associated card of the business reserving the studio, in the event of any fees needing to be charged after a rental. Purchaser hereby authorizes Company to charge credit card on file automatically according to the terms set forth in these Terms.
If any eligible payment methods Company has on file for Purchaser are declined for a payment, Purchaser shall provide a new eligible payment method within 5 business days or Purchaser will be immediately banned from any/all upcoming or future reservations until fee is paid in full.
Sales Tax. Should any sale and/or use tax be imposed on any part of these Terms of Purchase, such tax shall be collected from Purchaser and remitted by Company. All sales tax will be included in totals for online purchases or invoices.
Cancellation by Purchaser. If for any reason Purchaser cancels the rental, Company will keep the total Reservation Fee as liquidated damages. Notification of cancellation must be made in writing by Purchaser and sent via email, pursuant to the Notice provision in Section 28. Confirmation of receipt of notification email by Company must be obtained.
Rescheduling by Purchaser. In the event Purchaser desires to reschedule the rental, Purchaser forfeits the total Reservation Fee and must book Company’s services under a new contract and will be subject to Company’s current pricing at that time.
Return Policy. After you agree to these Terms, we do not allow for returns or refunds under any circumstances, due to the nature of rentals booking in advance . In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for understanding.
Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer, give you store credit, return a portion of your purchase, etc.
Duty of Company. Other than set forth in these Terms and Conditions, the property will be provided as-is. Rental understands that Company owner and/or staff may enter and exit premises during the course of the rental period. Company takes no responsibility for personal effects and possessions left on premises during or after any rental period. Company maintains a lost and found and will hold recovered items up to 30 days. Company will donate all items not claimed within 30 days. Purchaser must either pay for shipping or come pick them up if an item is left on the premises.
Duty of Purchaser. Purchaser agrees to arrive on the property for the rental period on time and on the date chosen at time of purchase. In the event Purchaser is late, Company shall not be liable for failure to extend service coverage. Purchaser will be emailed studio entry codes the night before their rental date to the email address provided at time of purchase. Studio entry codes are not to be shared with anyone, including any guests of the Purchaser. Studio codes are time-based and will only allow for entry / exit of the studio during the exact time selected by the Purchaser at time of purchase.
Purchaser agrees to have no more than 24 people in the space during their rental period.
Purchaser shall leave the property in the same condition as is shown on the Studio Reset Map, including but not limited to cleaning up any sets, putting props and equipment away, wiping down any furniture if necessary, mopping and vacuuming floors, washing/drying any used dishes in sink and returning to cupboards, turning off lights and mini split, and disposing of any trash as determined by these Terms. Any outside materials brought to the property by Purchaser or any third-party on the Purchaser’s’ behalf must be completely removed immediately following the rental. If failed to do so, Purchaser will be charged a Disposal Fee, as detailed in the Fees section, to their card on file.
Purchaser will not cut, rip, remove, or alter any seamless paper backdrops provided by the studio. Purchaser and all guests will use the 2 large pieces of clear acrylic overtop of any seamless backdrops on the floor in order to protect the papers.
Purchaser will be responsible for any damage caused to the property during or related to the rental, beyond ordinary wear and tear, and shall pay for the repair of any such damage with a damage/cleaning fee using the credit card on file.
Purchaser will dispose of all studio trash, such as studio snacks or drinks, as well as small trash such as clothing tags, papertowels, etc. in supplied trash bins in the kitchen. Any other items needing disposal, or items brought on-site by Purchaser must be removed from the studio by the Purchaser. If any other items needing disposal are left behind in studio, Purchaser will be charged for any additional disposal fees.
Purchaser shall be solely responsible for the conduct and welfare of all persons accompanying the rental space and shall hold Company harmless from any injuries or issues related to third-parties on the premises. Children are to be supervised at all times and no childproofing of the space is provided by the Company. No animals / pets are allowed on the property.
Purchaser shall be solely responsible for the safe usage of anything provided by the Studio, such as using sandbags on lighting stands. Purchaser and any guests of Purchaser will not hold Company liable for unsafe usage of any items provided by the studio.
Purchaser must inform owner before rental ends of any damages, dirty items, etc., whether found upon arrival or occurred during rental.
Purchaser will not turn on baseboard heaters, and is only permitted to use the mini split located at the entry of the studio for heating and cooling needs. Mini split and all lights must be turned off before leaving.
Purchaser will not alter the wall-mounted backdrop system in any way. Purchaser may only can use chains as is to move up and down the backdrops. Leaderbars are not to be removed. Owner will handle cutting & clean up of papers. Purchaser will not remove any style-closet-items from the studio.
Purchaser will remove any prop food brought by themselves or guests. Purchaser-provided food is not to be stored in the studio. Renter agrees to dispose of all food brought into the studio.
Purchaser will not leave behind any promotional / marketing materials at the studio for others to find. License for Use. By purchasing Products through our Website, you are agreeing to the Terms of Purchase, and in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only.
Intellectual Property. The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase. Consent to Use. By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name {and/or photo} along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.
Age Limitations. You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products. Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
Privacy + Protection of Personal Information. We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate Atelier Bellefonte by Creative Powerhouse Marketing, LLC and provide our Products. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data. Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance. Termination of Use. We may terminate your reservation, account, or restrict your use of the studio or Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.
Posting on Social Media. If Purchaser, Purchaser’s agents or guests on the premises post a photograph on social media, Company does not require, but appreciates that they tag "Atelier Bellefonte". They can either link to Company’s Facebook page (Atelier Bellefonte) or Instagram page (atelier_bellefonte).
Harassment by Purchaser. Purchaser understands and agrees to not harass the Company in any way throughout the duration of these Terms of Service and shall ensure the appropriate behavior of all guests and other persons at the rental space. This includes, but is not limited to, harassment related to race/religion/sexual orientation/marital status/creed/color/sex/disability/physical size/weight/age/nationality/ancestry/place of origin, or any unwelcome sexual advances including verbal or physical conduct of a sexual nature. In the event Company or any of its agents experience any inappropriate, threatening, hostile or offensive behavior during this Agreement or from any guest or other person at the rental space, Company will terminate services and Purchaser must leave the premises immediately. Company shall be entitled to retain all monies paid as liquidated damages, and Purchaser agrees to relieve and hold Company harmless as a result of incomplete services and termination due to harassment.
Safe Working Environment. Purchaser understands and agrees that Company maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Purchaser further understands and agrees that during the rental period Purchaser and Purchaser’s agents shall not carry weapons or firearms, be exposed to severe illness, or request the Company to do anything illegal or unsafe. In the event any of these circumstances arise, Company reserves the right to end the rental service immediately and/or ask Purchaser to leave the premises. Company shall be entitled to retain all monies paid as liquidated damages and Purchaser agrees to relieve and hold Company harmless as a result of incomplete rental services.
Purchaser's Responsibility to Secure Insurance. Purchaser understands and agrees that it has the responsibility to acquire any and all insurance to protect themselves from unforeseen events, or extenuating circumstances beyond the Parties’ control. Purchaser agrees to indemnify and hold Company harmless for all such occurrences. Company may require Purchaser to present a certificate of general liability insurance with a minimum of $1,000,000 (one million dollars) per occurrence & annual aggregate. Additionally, it is Purchaser’s responsibility to ensure that all third-parties have secured any and all insurance to protect themselves. Purchaser’s liability insurance shall be deemed primary and noncontributory insurance.
Accessibility. Purchaser understands and agrees to use of space, knowing Atelier Bellefonte is located on a second floor of a historic building, with no way to access the studio other than an indoor staircase. Purchaser should keep this in mind for themself and any third parties intended to be in the studio when placing their purchase.
Communication. Company’s office hours are 8am to 5pm, Monday through Friday. Company’s primary source of communication is through email: atelierbellefonte@gmail.com. Company will respond to Purchaser’s emails from the email address used at time of purchase within the aforementioned office hours. Company does not guarantee a time frame in which responses will occur. Company does not guarantee communication via social media direct or private messages, social media comments, text messages, or phone calls about purchased rentals or rental inquiries. Company reserves the right to terminate these Terms of Purchase in the event of a complete breakdown of communication with Purchaser or if Purchaser does not adequately respond to Company’s emails.
Assumption of Risk & Release of Liability. With informed consent, and for valuable consideration received as the undersigned, Purchaser agrees to assume and take on all risks and responsibilities in any way arising from or associated with the rental, and releases Company and all its affiliates, divisions, departments and other units, committees and groups, and its and their officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively “Releasees”), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that Purchaser may suffer at any time arising from or in connection with the rental, including any injury or harm to Purchaser, Purchaser’s death, or damage to Purchaser’s property, even if Purchaser has been advised as to the possibility of such (collectively “Liabilities”), and Purchaser agrees to defend, indemnify, and hold Releasees harmless from and against any and all Liabilities.
Purchaser further voluntarily assumes all risk of personal injury or death sustained during this rental. Purchaser recognizes that by agreeing to these Terms of Purchase they are giving up irrevocably, among other things, all rights to sue Releasees for injuries, damages or losses. Purchaser also understands that this release is binding on their heirs, executors, administrators, legal representatives and assigns, as well as themselves. Purchaser agrees not to participate in the rental unless they are physically and medically able. Purchaser also affirms that they have adequate medical or health insurance to cover any medical assistance they may require. Purchaser affirms that they are personally responsible for all costs associated with medical treatment, vehicular damage, clothing damage, equipment damage, or property damage incurred.
Third-Party Release of Liability. Company assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of a third-party; (2) any defect in or failure of any equipment, or instrumentality owned, operated, or otherwise used or provided by a third-party; or (3) any wrongful or negligent acts or omissions on the part of any other party not under Company’s control. Purchaser hereby releases and holds Company harmless from any and all claims arising out of third-party occurrences.
Limitation of Liability. The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products or Services you have purchased through the Website.
Indemnification. Purchaser shall indemnify, release, discharge and hold harmless Company, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Company from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Company may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company.
Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Centre County, Pennsylvania. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the State of Pennsylvania. In the event of conflicting laws, the laws of the State of Pennsylvania will control.
Venue & Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Centre County, Pennsylvania. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement, should it become necessary.
Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Creative Powerhouse Marketing, LLC, 127 S Allegheny Street, Bellefonte, PA 16866.. Notices provided by certified mail will be effective upon actual receipt of the notice.
Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
Force Majeure. To the extent that any failure or delay in our delivery of the Products or Services under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage. Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.