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Terms and Conditions

General Provisions

  1. This Terms and Conditions document (hereinafter the “Document”) governs the relationship between the Course Organizer (hereinafter the “Organizer”) and the Participant in the training course (hereinafter – the “Participant”), including, among other things, matters related to course registration, participation, payment of fees, and other associated issues. 
  2. Registration for the Course and payment on the website constitutes full and unconditional review and acceptance of this Document, as well as of the Organizer’s personal data processing and privacy policy document. If the Participant does not agree to any of the terms, they will not be able to take part in the Course.
  3. The Organizer reserves the right, at any time, unilaterally and without additional agreement with the Participant, to amend this Document. In case of any material changes of this Document, a Participant already registered for the Course will be notified through the relevant means of communication (by e-mail and/or mobile phone notification). After the publication of the amended Document on the website continued use of the website or registration for a new course means that the Participant accepts the updated Document.
  4. The name of the Course is: Sculpture and Plastic Form Modeling Course “360 Degrees” (hereinafter the “Course”)
  5. The Course will be held at: Factory Tbilisi, N114 A. Tsereteli Avenue, Tbilisi, Georgia. The Organizer has the right, if necessary, to change the Course’s venue. The Organizer is obliged to notify the Participant in advance, within a reasonable time. A change in the Course‘s venue is not considered a deterioration in the Course’s quality or accessibility.
  6. The Course will be led by instructors/trainers: Mamuka Chkhaidze and Vladimer Imerlishvili. The Organizer is authorized to replace or add a trainer, which does not constitute a breach of the material terms of the Document and does not give rise to a right on the part of the Participant to demand a refund.

Conditions for Registration and Participation on the Course

  1. Registration for the Course is available from the age of 16 (sixteen). 
  2. For Participants aged 16 to 18, written consent from a parent or legal guardian is mandatory for course registration. The Organizer reserves the right to determine the form in which parental/legal guardian consent shall be obtained. The Organizer is entitled to request documentation confirming legal guardianship and, in the absence of a duly executed consent document, to refuse the individual’s registration for and/or participation in the course.
  3. Registration is considered complete and a place on the Course reserved only after confirmation of payment of the full fee for the Course. Completing the registration form only, without processing payment does not create any obligation of the Organizer to the Participant and does not guarantee a reserved place.
  4. The maximum number of Participants in a group is 10 (ten). A place in the group is secured according to the order in which the registration application and full payment of the fee are confirmed (the “first come, first served” principle). The Organizer has the right, if places are exhausted, to refuse the applicant’s registration or to offer registration in the next group (if one exists). 
  5. The Participant is solely responsible for the accuracy and correctness of the information provided by them. In the event of any changes to such information, the Participant is obligated to notify the Organizer in a timely manner.

Course Payment Terms

  1. The Course’s fee should be paid fully and immediately upon registration, unless the Organizer has offered and confirmed another arrangement in writing.
  2. Payment is made through the Organizer’s website, via a licensed payment system provider. The processing of personal data related to payment is governed by the Organizer’s privacy policy.
  3. In the event of breaching the payment terms, the Organizer has the right to automatically cancel the reservation. In case of necessity of issuing the refund, the paid amount will be refunded in accordance with clause 4 (four) of this Document.
  4. The Course fee includes only the services and materials directly specified in the Course description. The cost of any additional materials, tools, or services, if required, shall be paid separately by the Participant.

Refund Policy

  1. If the Participant wishes to cancel their registration for the Course, they should apply in writing (by e-mail, to the contact address specified by the Organizer) to the Organizer. The Course cancellation date is deemed to be the date when the written request is sent to the Organizer.
  2. Cancellation of registration for the Course does not automatically constitute grounds for a full or partial refund. Refunds are made only in the cases directly provided for in this Document and in the amount determined by the Organizer.
  3. In accordance with the legislation of Georgia, the Participant has the right, within 14 (fourteen) calendar days from online registration, to unconditionally cancel their registration and request a full refund, provided the Course has not started before the expiration of this period. 
  4. If the Participant cancels their registration for the Course less than 2 (two) weeks before its start, or after the Course has started, the paid amount of money will not be refunded to the Participant.
  5. Refunds are made using the same payment method that was used to make the payment. In the event of cancellation, the refund to the account may take three to five business days. 
  6. The Organizer has the right, at its own discretion and in the Participant’s favor, to decide differently on the refund procedure for the Participant in individual cases, which does not create any precedent or obligation for other cases.

Postponement or Cancellation of the Course on the Organizer’s Initiative

  1. The Organizer has the right, where objective reasons exist, including but not limited to an insufficient number of Participants or force majeure circumstances, to postpone the start date of the Course and/or to change the Course’s schedule, of which the Participant will be notified in advance, through the relevant means of communication.
  2. In the event, when the Organizer fully cancels the Course on its own initiative, the Participant will be refunded the full paid amount, unless the Participant agrees to transfer their Course registration to another date or another group.
  3. The Organizer is not responsible for any indirect damage or expense arising from the postponement or cancellation of the Course (including transportation, accommodation, or other related costs) incurred by the Participant in connection with the Course.
  4. Force majeure circumstances (natural disaster, war, a state of emergency or martial law, pandemic/epidemic, a decision of a state authority, and other circumstances beyond the Organizer’s control) exempt the Organizer from liability arising from the failure to conduct the course in a timely or complete manner. In such case, the Organizer will endeavor to offer the Participant an alternative format for the Course (including an online or postponed format) or a refund, at the Organizer’s discretion.

Participant‘s Obligations and Rules of Conduct

  1. The Participant is obliged to attend the course in full and on time, to comply with the instructions of the instructor/trainer, and to observe the safety rules of the training space.
  2. The Participant’s sessions missed for any reason (including illness or personal reasons) are not subject to make-up and/or financial compensation. Compensation for missed material or the provision of individual consultation may be granted only at the discretion and goodwill of the Course’s instructor/trainer.
  3. Upon successful completion of the Course, the Participant will be issued a certificate confirming participation in the Course. If the Participant misses more than 50% (half) of the sessions held within the Course, the final decision on issuing the certificate shall be made by the Course’s immediate instructor/trainer.
  4. The Participant is obliged to compensate for any damage caused in the event of damage to or destruction of inventory, if this is caused by their negligence or intentional act. 
  5. The Participant is not authorized to post online any photo/video material filmed within the Course without the Organizer’s prior written consent.
  6. The Participant is obliged to respect other Participants and trainers, and to refrain from any conduct that would interfere with the normal conduct of the Course. Any form of discrimination based on race, gender, age, language, religion, disability, national or ethnic origin, or any other status is strictly prohibited.
  7. The Organizer reserves the right to restrict or terminate a Participant’s participation in the course without a refund of the fees paid, if the Participant severly and repeatedly violates the rules of conduct despite multiple warnings from supervisors/trainers, fails to respect other Participants and/or trainers, and their behavior interferes with the normal operation of the Course.

Intellectual Property

  1. All the training materials, lectures, presentations, and methodology of the Course are the intellectual property of the Organizer and/or the Course’s instructor(s).
  2. The Participant is obliged not to transfer the Organizer’s intellectual property to third parties, not to upload it online for public use, and not to use it for personal commercial purposes without the Organizer’s prior written consent. 
  3. The Participant’s copyright applies to work created by themselves within the Course. At the same time, the Participant grants the Organizer the right to use images of the work (in photo/video form) for marketing, exhibition, and educational purposes, crediting the author, the Participant, by name, wherever technically and reasonably possible.
  4. The Organizer has the right to take photographs and video footage during the Course and to use it for marketing, exhibition, and educational purposes, including on its own website and on social media. By registering for the Course, the Participant agrees to this clause. The Participant has the right to withdraw the consent at any time, via a written request, with respect to future media materials to be recorded. The removal of already published materials may be carried out upon agreement with the Organizer and within a reasonable timeframe.

Limitation of Liability

  1. The Participant confirms and accepts responsibility, by registering for the Course, that their state of health allows them to take part, without any restriction, in work involving the use of plastic materials (clay, plasticine, gypsum, and others). Hiding the information or provision of false information by the Participant releases the Organizer from any liability.
  2. The Organizer is not liable for:
    1. Physical injury during the Course sustained by the Participant, if caused by the Participant’s own negligence, breach of safety rules, or disregard of the trainer’s instructions;
    2. Any allergic or other individual reaction of the Participant to materials used on the Course, except where the Participant has notified the Organizer in advance, in writing, of an existing allergy or contraindication, and the Organizer failed to take appropriate measures;
    3. Loss, damage, or theft of the Participant’s personal belongings at the training space;
    4. The Participant’s achievement of any specific professional, commercial, or creative outcome as a result of the Course is not guaranteed. The Organizer ensures that the Course is conducted in good faith, but does not guarantee any specific learning outcome.
  3. The Organizer’s total liability toward the Participant shall, in any event, be limited to the amount actually paid by the Participant for the specific Course and shall not cover any additional damages of any kind.
  4. The limitations set out in this article do not apply to cases where the damage is caused by the Organizer’s intentional act or gross negligence, or where a limitation/exclusion of liability is directly prohibited by law.

Personal Data and Confidentiality

  1. The Participant’s personal data is processed in accordance with the Organizer’s “Personal Data Protection and Confidentiality Policy,” which is available on the Organizer’s website and forms an integral part of this Document.
  2. By registering and making payment, the Participant confirms that they have reviewed and agree to the terms of the privacy policy.

Dispute Resolution and Governing Law

  1. This Document shall be governed by and construed in accordance with the applicable legislation of Georgia.
  2. In the event of any dispute related to this Document or Course participation, the parties shall attempt to resolve it through mutual negotiation. 
  3. If no agreement is reached, the dispute shall be considered in the manner established by the legislation of Georgia, by the common courts of Georgia, unless the Organizer and the Participant  additionally agree otherwise in writing.

Final Provisions

  1. Any official notice arising from this Document should be sent to the e-mail address specified in the clause 11.6. of this Document. An official notice sent by e-mail is deemed delivered and acquires legal effect on the next business day following its sending.
  2. Matters not regulated by this Document shall be governed by the applicable legislation of Georgia;
  3. If any provision of this Document is found to be invalid or unenforceable, this shall not entail the invalidity of the remaining provisions. 
  4. This Document constitutes the entire and final agreement between the Organizer and Participant with respect to the matters set out herein, and supersedes any prior oral or written agreement on the same subject, unless the Organizer and Participant additionally agree otherwise in writing.
  5. The Organizer’s failure to exercise, or delay in exercising, any right shall not be considered a waiver of that right.
  6. For any questions, requests, or complaints related to this document or the Course, the Participant may contact the Organizer through the following contact detail: info@factorytbilisi.com
Contact Information

114 Akaki Tsereteli Avenue
Tbilisi 0119
Georgia

info@factorytbilisi.com
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