Melanie Rivers Art
Medicine Circle Membership – Membership Terms & Conditions
Last updated on June 14th, 2024
Our core ethos for Melanie Rivers Art is to provide art courses and lessons. This document details from the outset the way in which we will deliver our services to you. If you are planning to join the Medicine Circle Membership (“the Membership”) then you must read these terms and conditions in full prior to purchasing.
Membership Terms & Conditions (‘Terms’): Key Details
These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Melanie Rivers. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Melanie Rivers (“we”, “our” or “us”) provide services to you, as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes.
Membership Outline
The Medicine Circle is a membership platform for people passionate in creating mixed media art to learn, grow, and connect with other creatives. The Membership is an ongoing commitment where you can get regular support and guidance.
Eligibility
This membership is suitable for those who are over the age of 18 who have access to internet and device to view the course/lesson videos. People at all levels in their creative journey are welcome from beginner to advanced.
Membership Specifics
The elements to the Membership:
- Private Community Discussion Area
- Self-Study Art Lessons and Courses
- Bonus Live Sessions
Self-Study Art Lessons and Courses
There are art courses and lessons available for members to consider in their own time. Members have access to all a library of lessons and courses when they join. They will only have access while they are a member. There are video art lessons and downloadable PDF’s added on a regular basis. These lessons and courses are primarily focused on portraits, but also art journaling and other subjects. The content of all resources and lessons are provided in English, translations are not available.
Private Community Discussion Area
You will have access to a private Community Discussion Area to support you during the Membership. The intention of this group is to provide community support and a network of individuals who are learning and making art from the Medicine Circle lessons. It is also a place to ask questions and receive guidance from Melanie Rivers on the member’s creative journey.
Bonus Live Sessions:
The live sessions will be led by Melanie Rivers. From time to time they may also be joined by guest art teachers.
The live painting along and technique demo sessions will take place on Zoom and a chance for members to ask questions. Members can submit questions ahead of time via email if they are not able to make the live session time.
The information and guidance shared will be based on Melanie Rivers training as an Expressive Arts Practitioner, artist, and experienced and trained educator.
The live sessions will be recorded and made available in the classroom.
Behaviour
It is requested that at all times your behaviour towards others is polite and respectful. Should your behaviour be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.
Each person is responsible for their own behaviour and we will not be held responsible for the behaviour or actions of any other Members.
While creating art has a therapeutic benefit, the Medicine Circle is not designed to be a place of therapy or to be the sole support for anyone with immediate need of emotional supports. While the art and writing lessons have a gentle, exploratory approach, if members have any concerns that arise, they need to consult with their network of supports, or a medical professional or counsellor.
Membership Fees and Payment Terms
The cost of the Membership is set at the time you subscribe and is inclusive of VAT/Taxes. On subscription you will agree to monthly or yearly payments via Thinkific Payments.
The Membership is an ongoing monthly or yearly subscription and payment will be taken on the same date each month or year depending on whether the member chooses a monthly or yearly subscription.
We reserve the right to change the content and delivery of the services within the membership and the associated price point at any time. Should we do this we will provide advance notice so that you can decide whether to consider your subscription. We shall never increase your membership fees without providing at least 28 days’ notice and without providing you with advance notification.
Refunds and Cancellation
It is our aim that you will be completely happy with the Membership and grow your mixed media art and portrait skills. However, we appreciate that there may come a time when you wish to leave the Membership.
You have the right to cancel and obtain a full refund within 14 days from the date of when you first sign up for a subscription. Refund requests should be made in writing to [email protected] and a full refund will be provided within 14 working days.
There is no obligation on us to refund any amounts paid where cancellation requests are made following the 14 day cancellation period.
We reserve all rights to cancel the programme for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Membership with immediate effect:
- If you fail to pay your Membership fees by the relevant due date;
- If you commit a repudiatory breach of the Terms of this agreement;
- As decided at our sole discretion from time to time
Contact and Schedule
It is the intention that the Membership will run continuously and that any lesson material, live sessions and community discussion area will be provided as set out above. Should an unforeseen reason arise which cause a session(s) to be postponed they will be re-arranged as soon as possible.
Throughout the Membership we will be available by email at [email protected] Monday to Friday, with a 48 hour response time. If you have a technical query relating to accessing the Membership please include “Tech” in the subject line of your email correspondence.
You may see us post on social media outside of our core hours. Not all of these posts are live and some will be pre-scheduled. We are passionate about supporting everyone in the Membership and where we can we may respond to you out of hours but we make no guarantees that this will always be possible.
Disclaimers
We make no guarantees or claims as to the success of any member. Each individual is unique and their abilities are unique to them. The aim is that members grow in their mixed media art practice, all training provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the Membership.
No content in this Membership should be construed as medical advice, whether mental or physical. If you believe that you require medical attention you should seek assistance from a medical professional immediately.
We ask that all members in the Membership respect the rights of others in respect of their behaviour and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Membership.
Limitation of Liability and Indemnification
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
Privacy and Confidentiality
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter.
Your personal data is protected as set out in our privacy policy which can be found here. By providing your personal data you agree to the terms of our privacy policy.
During the course of the Membership you may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of, any confidential information relating to any other member.
You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations.
Please be aware that some live sessions may be recorded and your name and image/video may be captured. The recordings of the training will be kept and made available to others in the Membership. If you provide or share any information within these sessions about yourself, that information will be shared within the group. Should you not wish to be recorded please ensure that if you attend any live sessions your camera is switched off and your name field is changed to “Attendee” with your initials so that support can still be offered but no personal identifiable information will be captured.
Your log-in details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to [email protected]
Intellectual Property
During your time as a Member you will be provided with mixed media art lessons. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
Non-Compete
You agree that whilst in Membership, and for a period of 6 months following termination or cancellation of your Membership, you shall not use the confidential information revealed to you for any commercial purpose. In addition, you shall not elicit or entice away any current or potential members by sending “Friend Requests” or otherwise targeting them.
Force Majeure
Where either party is prevented from or delayed in carrying out its obligations under these Terms, due to circumstances beyond their reasonable control including, but not limited to, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, pandemic/epidemic, lock-outs, strikes or other employment disputes, performance of their obligations shall be postponed until these circumstances end.
Waiver
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
Errors and Inaccuracies
There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
Jurisdiction
These Terms are governed by the laws of British Columbia, Canada. The Canadian Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
Complaints
It is our aim that you are completely satisfied with the Membership. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made to made in writing to Melanie Rivers at [email protected]
General
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.
Frequently Asked Questions
See the FAQ section on this page.