Terms & Conditions
Privacy Policy
Effective Date: November 1, 2022
Happy Trees Painting takes your privacy very seriously. In order to protect your privacy and security, this notice provides information on our practices regarding information gathered by means of our website, paintingwithatwist.com, and how you can make choices regarding the collection and use of your information.
Privacy Policy Changes
From time to time, Happy Trees Painting may make changes in our privacy policy relating to our website. If we decide to change this privacy policy, those changes will be posted on this page.
Information We Collect
We collect the user's name, date of birth, gender, address, mobile phone number, email address, credit card billing address, type of credit card, credit card number, credit card security code and credit card expiration date when the user makes a reservation and pays for a class or purchases a gift certificate through our website. Information may also be collected from users when they sign up to be on our mailing list or participate in a survey.
Information Automatically Collected
The website also collects certain information automatically when a user visits our website, such as the type, IP address and operating system of the mobile device or computer being used, the identity of the user's browser, and information about the user's browser settings, how the website is used, the duration on the site and the pages visited. When you visit the website, we also may use GPS or other similar technology to determine your current physical location. No information is collected regarding the user's other online activities over time and across third-party websites, nor can parties other than HTP collect personally identifiable information about a user's online activities by virtue of your use of the website.
Children Under 13
HTP does not seek to collect and does not knowingly collect any personally identifying information from anyone under the age of 13. Prior to sending any information over the Internet about themselves (for instance, names, email addresses, and phone numbers), children should always get permission from their parents. We encourage all parents to take an active interest in their children’s online activities.
How We Use Information
HTP gathers user information in order to improve customer and web service, including making reservations and paying for HTP classes, purchasing gift certificates, and for usability testing purposes. We may use information collected in our marketing efforts, including sending you text, direct mail and email promotions, coupons, birthday gift certificates and other special offers. User information also may be used to analyze customer behavior based on demographics and other criteria relevant to our marketing efforts and to analyze the success rate of our marketing campaigns. GPS data may be used for geographic targeting purposes.
How We Protect Information
We have implemented security measures to maintain the safety of your personal information that we collect. In particular, the HTP website uses a third party payment gateway, Authorize.Net, which manages the complex routing of sensitive customer information through the credit card and electronic check processing network, adhering to strict industry standards for payment processing. These standards include at present 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions, industry leading encryption hardware and software methods and security protocols to protect customer information, and compliance with the Payment Card Industry (PCI) Data Security Standard.
Disclosure of Information to Third Parties
We may disclose information collected from users to third parties who assist HTP in operating the website or conducting its business, including usability testing, analyzing the success rate of marketing campaigns and advising us on marketing issues. This information is provided only after these outside parties have agreed to maintain the integrity, security and confidentiality of the personal information disclosed. HTP also may be required to disclose certain information to comply with legal requirements, such as subpoenas, search warrants, laws, regulations or court orders as part of a legal proceeding or a law enforcement agency request. Other than the foregoing and access through Authorize.Net for purposes of credit card and electronic check processing, currently, we do not share user information collected by the website with third parties and have no plans to do so in the future.
Website Privacy Policy Only
This privacy policy applies only to information collected through our website and not to information collected offline.
Activity Waiver and Release
THIS ACTIVITY WAIVER AND RELEASE (this "Agreement") dated upon the submission of this form,
BETWEEN (the "Participant") OF THE FIRST PART AND HAPPY TREES PAINTING
(the "Activity Provider")
the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
Consideration
1. Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
2. The Releasor understands that the Releasor would not be permitted to participate in the activity described below unless the Releasor signed this Agreement. Details of Activity 3. The Participant will participate in the following activity: the participation of a painting class in a private setting, where alcohol may be ingested but not purchased. The releasor recognizes and accepts the risks associated with alcohol consumption, as well as personal property damage associated with painting activity.
Concurrent Release
4. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.
Fitness to Participate
5. The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
Full and Final Settlement
6. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
7. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
8. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
9. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
Governing Law
10. This Agreement will be construed in accordance with and governed by the laws of the State of Missouri.
By the completion of this form, the Participant hereby agrees with the terms and conditions set forth in this document.
Privacy Policy
Effective Date: November 1, 2022
Happy Trees Painting takes your privacy very seriously. In order to protect your privacy and security, this notice provides information on our practices regarding information gathered by means of our website, paintingwithatwist.com, and how you can make choices regarding the collection and use of your information.
Privacy Policy Changes
From time to time, Happy Trees Painting may make changes in our privacy policy relating to our website. If we decide to change this privacy policy, those changes will be posted on this page.
Information We Collect
We collect the user's name, date of birth, gender, address, mobile phone number, email address, credit card billing address, type of credit card, credit card number, credit card security code and credit card expiration date when the user makes a reservation and pays for a class or purchases a gift certificate through our website. Information may also be collected from users when they sign up to be on our mailing list or participate in a survey.
Information Automatically Collected
The website also collects certain information automatically when a user visits our website, such as the type, IP address and operating system of the mobile device or computer being used, the identity of the user's browser, and information about the user's browser settings, how the website is used, the duration on the site and the pages visited. When you visit the website, we also may use GPS or other similar technology to determine your current physical location. No information is collected regarding the user's other online activities over time and across third-party websites, nor can parties other than HTP collect personally identifiable information about a user's online activities by virtue of your use of the website.
Children Under 13
HTP does not seek to collect and does not knowingly collect any personally identifying information from anyone under the age of 13. Prior to sending any information over the Internet about themselves (for instance, names, email addresses, and phone numbers), children should always get permission from their parents. We encourage all parents to take an active interest in their children’s online activities.
How We Use Information
HTP gathers user information in order to improve customer and web service, including making reservations and paying for HTP classes, purchasing gift certificates, and for usability testing purposes. We may use information collected in our marketing efforts, including sending you text, direct mail and email promotions, coupons, birthday gift certificates and other special offers. User information also may be used to analyze customer behavior based on demographics and other criteria relevant to our marketing efforts and to analyze the success rate of our marketing campaigns. GPS data may be used for geographic targeting purposes.
How We Protect Information
We have implemented security measures to maintain the safety of your personal information that we collect. In particular, the HTP website uses a third party payment gateway, Authorize.Net, which manages the complex routing of sensitive customer information through the credit card and electronic check processing network, adhering to strict industry standards for payment processing. These standards include at present 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions, industry leading encryption hardware and software methods and security protocols to protect customer information, and compliance with the Payment Card Industry (PCI) Data Security Standard.
Disclosure of Information to Third Parties
We may disclose information collected from users to third parties who assist HTP in operating the website or conducting its business, including usability testing, analyzing the success rate of marketing campaigns and advising us on marketing issues. This information is provided only after these outside parties have agreed to maintain the integrity, security and confidentiality of the personal information disclosed. HTP also may be required to disclose certain information to comply with legal requirements, such as subpoenas, search warrants, laws, regulations or court orders as part of a legal proceeding or a law enforcement agency request. Other than the foregoing and access through Authorize.Net for purposes of credit card and electronic check processing, currently, we do not share user information collected by the website with third parties and have no plans to do so in the future.
Website Privacy Policy Only
This privacy policy applies only to information collected through our website and not to information collected offline.
Activity Waiver and Release
THIS ACTIVITY WAIVER AND RELEASE (this "Agreement") dated upon the submission of this form,
BETWEEN (the "Participant") OF THE FIRST PART AND HAPPY TREES PAINTING
(the "Activity Provider")
the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
Consideration
1. Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
2. The Releasor understands that the Releasor would not be permitted to participate in the activity described below unless the Releasor signed this Agreement. Details of Activity 3. The Participant will participate in the following activity: the participation of a painting class in a private setting, where alcohol may be ingested but not purchased. The releasor recognizes and accepts the risks associated with alcohol consumption, as well as personal property damage associated with painting activity.
Concurrent Release
4. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.
Fitness to Participate
5. The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
Full and Final Settlement
6. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
7. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
8. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
9. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
Governing Law
10. This Agreement will be construed in accordance with and governed by the laws of the State of Missouri.
By the completion of this form, the Participant hereby agrees with the terms and conditions set forth in this document.