By Registering for a Ponderosa course you acknowledge that you agree to these terms and Conditions.
You are responsible for carefully reviewing all Terms & Conditions, and to fully understand the agreements contained therein.
You are legally bound to these Terms whether or not you have read them. Agreeance with these Terms is a requirement of attendance and participation at any courses, sessions, intensives, master classes, or workshops provided by Ponderosa & Thyme:
“Ponderosa & Thyme,” "Company": Ponderosa and Thyme, Inc
“Guest” or "you": Course Registrant
"Course" or "Session": refers to any courses, sessions, intensives, master classes, or workshops provided by Ponderosa & Thyme
Vendors: Any third party service providers hired by Ponderosa & Thyme, i.e. Subcontractors.
INCLUSIONS & RESTRICTIONS
Ponderosa & Thyme is only responsible for the inclusions expressly listed on the "Schedule" and “Details” section of the course listing. Ponderosa & Thyme reserves the right to make substitutions of any included session elements.
Attendance & Participation. Only one (1) seat is reserved per registration form. Seat is reserved for (1) Guest only, please do not bring friends/spouse/children to the Intensive sessions. This course is designed for practiced floral designers as a form of continued education or creative development.
Guests are responsible for making all travel arrangements to arrive to the Ponderosa Classroom in Salem, Oregon. Guests are responsible for their own participation in the scheduled activities, and no full or partial refunds will be issued based on Guest's chosen level of participation. The schedule may be adjusted to meet the needs of the group as a whole, at the sole discretion of Ponderosa & Thyme, including the change in or replacement of scheduled activities.
Meals & Refreshments. Guests are responsible for providing a complete list of dietary restrictions at time of registration, and for notifying Ponderosa & Thyme a minimum of 1 month prior to the start of the course week of any changes or additions. Guests understand that neither Ponderosa & Thyme nor the Vendors hired by Ponderosa & Thyme can guarantee allergen free environments, but will take reasonable efforts to prevent cross contamination and exposure to known allergens and dietary restrictions listed by all Guests.
TRAVEL & INSURANCE
Guests are responsible for all travel arrangements and related expenses unless otherwise noted in their workshop/course/class description.
Travel Insurance. Travel Insurance is not included in the Registration Fee, but is highly recommended. It is the responsibility of the Guest to understand the policies of their selected insurance plan and ensure adequate coverage in case of natural disasters, illness, flight cancellation, and other unforeseen events; including personal circumstances or cancellation.
If Guest has requested a Payment Plan for their Registration Fee Balance, they are responsible for clearly reading the Payment schedule through Partial.ly. All Payments must be made in USD currency. The Final Due Date for all Course fee payments is a minimum of 1 month prior to the course week, unless other arrangements have been explicitly made between Guest and Ponderosa & Thyme. Guests will be responsible for reviewing Partial.ly's terms and conditions.
CANCELLATION & NON-PAYMENT
Guests are responsible to verify their ability to attend the selected course, including level of experience, travel costs and restrictions, visa requirements, personal commitments, etc. prior to registering for the Intensives. All payments towards the Total Registration Fee are non-refundable. If Guest must cancel their attendance of the course, they will not be require to pay any further monies towards their balance due.
Non-Payment by the Final Due Date is treated as a Guest cancellation. Ponderosa & Thyme will make reasonable efforts to contact the Guest over the next three (3) business days after the Final Due Date has passed, by the contact methods provided by the Guest at the time of registration, at which point if the balance is not paid in full, Ponderosa & Thyme reserves the right to re-sell the seat(s). It is the Guest’s responsibility to provide up-to-date contact information, and to notify Ponderosa & Thyme of any changes to their contact information.
Ponderosa & Thyme has no obligation to attempt to re-sell the Intensive seat(s) to fill the void created by Guest’s cancellation, or non-payment of the balance due, and Ponderosa & Thyme will not be obligated to refund any monies Guest has previously paid towards the total Registration Fee. Guest will not receive a refund of prior payments in case of cancellation or non-payment. For Example, if Ponderosa & Thyme is able to secure another Guest, then Ponderosa & Thyme may choose, at its sole discretion, to refund all (or a portion of) Guest payments made to date.
Course Cancellation. In the unlikely case that Ponderosa & Thyme must cancel the Course, all payments will be refunded within 90 days of the notice of cancellation. Ponderosa & Thyme is not responsible for any personal expenses assumed by the Guest in preparation of the Course, including travel costs, hotel accommodations, etc.
PHOTOGRAPHIC RELEASE & USE
Release. Guest understands that Ponderosa & Thyme, Vendors and other guests take photographs and make video or audio recordings for promotional purposes. Guest does hereby grant and convey unto Ponderosa & Thyme and any Vendors engaged by Ponderosa & Thyme, all right, title, and interest in any and all photographic images and video or audio recordings made by Ponderosa & Thyme or Vendors, during the Guest's Activities with Ponderosa & Thyme, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
Copyright & Licensing. The Course Photographer (“Photographer”) retains copyright for all images they produce documenting the Course. The Photographer will grant Guests of this Course non-exclusive, non-transferable and non-assignable use of all the images featured in the included gallery in perpetuity for the purpose of business and personal use, restricted to web, social media, and portfolio use. These images cannot be used as advertisement or promotion for any similar services, such as Courses, classes, online courses, styling, photography, etc. All Guest, assistants, and vendors will be required to provide full credits for all images in perpetuity, as applicable. Licensees will be required to ALWAYS credit the Photographer and Ponderosa & Thyme, or risk revocation of this limited use license.
RELEASE OF LIABILITY
Guest understands that by registering for a Ponderosa & Thyme course, they are releasing Ponderosa and Thyme, Inc. (Ponderosa & Thyme) from any and all liability and legal responsibility for injury, damage or death connected in any way with Guest’s participation in the Activities, and Guest agrees not to initiate any legal action against Ponderosa & Thyme for personal injury, damage or death. Guest understands that this release is also binding on Guest’s personal representatives, heirs, executors, administrators, successors and assigns.
Guest acknowledges that they understand that Activities may include some physical activities, such as walking (including uphill/stairs), holding/carrying up to 30 lbs., using ladders, etc., involves using sharp tools and materials (such as floral clippers, loppers, chicken wire, etc.), and working with a wide variety of plants (both known and unknown varieties).
Guest hereby freely, voluntarily, and without duress executes this Release under the following terms:
Assumption of Risk. The Guest understands that the Activities include work that may be hazardous to the Guest, including, but not limited to: preparing and transporting florals, and working with a wide variety of floral tools and materials. Guest understands that Ponderosa & Thyme makes available a variety of Activities and Guest is not required to perform any Activity they deems too dangerous or is otherwise unwilling or unable to perform. Guest hereby expressly and specifically assumes the risk of injury or harm in the Activities.
Release of Liability. The Guest agrees to release and forever discharge Ponderosa & Thyme from any and all liability for personal injury, damage or death, to any person including Guest, and for any and all loss, injury or damage, however caused, whether or not such injury or damage is caused by, or can be attributed to the acts, failure to act, or negligence of Ponderosa & Thyme or any other guest.
Medical Treatment. Guest does hereby release and forever discharge Ponderosa & Thyme from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Guest’s Activities with Ponderosa & Thyme.
Dispute Resolution. You agree to notify the Company of any concerns or issues regarding Ponderosa & Thyme courses, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to our course, the laws of Oregon shall apply.
Non-Disparagement. If you are found to be slandering, libeling or otherwise disparaging our Company, membership or related materials, you will be immediately removed from any ongoing courses or offering and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.
Other. Guest expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Oregon, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Oregon. Guest agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Course(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if we are, during the terms of your membership and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of your membership. The Ponderosa Classroom Online is for educational and entertainment purposes only. None of the videos or its related material(s) should be construed as medical, legal, financial advice.
Third Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Course(s), including you.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, COURSES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, COURSES OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.