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Paint Nite Terms & Conditions for Private Events

Last Updated: December 2025

These Terms & Conditions ("Terms") govern all private events booked through Paint Nite. Paint Nite LLC and Paint Nite Canada Company (collectively, "Paint Nite," "we," "us," or "Company") provide mobile creative entertainment experiences. By paying your deposit or booking an event, you ("Client" or "you") accept and agree to these Terms.

1. Services

Paint Nite provides mobile creative events including painting, crafts, and other artistic experiences. We connect clients with venues and independent artists to deliver interactive creative entertainment at your chosen location.

What We Provide

Professional artist/instructor
All creative supplies and materials (canvases, paints, brushes, aprons, easels, and other equipment as determined by Paint Nite)
Setup and cleanup of all creative materials
Approximately 90 minutes to 2 hours of instruction

What You Provide

Venue booking and coordination (Paint Nite does not book venues for private events)
Tables, chairs, adequate lighting, and appropriate space
Venue cleanup beyond creative supplies
Any food, beverages, or additional services

Artist Assignment: While we strive to accommodate artist requests, Paint Nite reserves the right to assign or substitute artists at our sole discretion without notice.

Project Selection: Clients may change painting or project selection up to 7 days before the event at no charge. For custom paintings specifically created and approved by Client, a $300 custom design fee applies and is non-refundable regardless of whether the custom design is ultimately used.

Quality Disclaimer: Paint Nite makes no representations or warranties about the quality of participants' finished artwork or individual experiences. Every creation is unique, and results will vary based on individual skill and effort.

Timing: We make every effort to begin instruction at the scheduled start time and complete within the estimated timeframe. However, actual duration may vary based on group size, skill level, and other factors.

2. Event Details & Booking

Minimum Requirements

Minimum 15 guests required (or as agreed with event manager during booking)
Maximum group size is venue-dependent

Booking Process: Event details including pricing, venue requirements, guest count, timing, and event type are confirmed during the booking process with your Paint Nite event manager. Once you pay your deposit, your event is subject to these Terms.

Final Headcount

In-person events (no shipping): 7-10 business days before event date
Events with domestic shipping (US/Canada): 14 business days before event date
Events with international shipping: 21 business days before event date

Your event manager will send a finalized invoice based on your confirmed headcount. No refunds or credits will be given if your guest count drops after final payment is made or if actual attendance is less than the confirmed count provided.

3. Payment

Standard Payment Terms

Deposit: $200 non-refundable deposit due at booking to secure your event date
Balance: Due 14 days before event date based on final confirmed headcount
Payment Methods: Credit card (Visa, MasterCard, American Express, Discover), check (with advance approval), or ACH/EFT (with advance approval)

Alternative Payment Terms

Corporate clients may request alternative payment arrangements (Net 30, check payment, EFT) during booking. If approved by your event manager:

Deposit may be waived
Full payment due per agreed terms
All cancellation and rescheduling policies remain in effect
Unpaid invoices become immediately due upon no-show or cancellation

Payment Commitment: Your event date is tentatively reserved upon deposit but not secured until final payment is received by the due date. Final payment constitutes your final commitment to the event and confirmed headcount.

Accepted Payment Methods

Credit/debit cards via secure payment link
Check (must clear 14 days before event; requires advance approval)
ACH/bank transfer (requires advance approval)
NOT accepted: Cash, Venmo, PayPal, or any payment directly to on-site staff

Payment to On-Site Staff: Our artists and event hosts cannot accept payment of any kind on the day of your event (gratuities excluded). All payments must be processed through Paint Nite invoicing.

Payment Disputes: If you have concerns about any charge, please contact us at groups@paintnite.com or 508-794-9964 before disputing with your credit card company. Credit card chargebacks initiated without first contacting Paint Nite may result in a $150 administrative fee to cover bank processing costs and administrative time.

4. Cancellation & Rescheduling Policy

All payments are non-refundable. However, Paint Nite offers flexible rescheduling options based on timing and frequency of changes.

First Reschedule

In-Person Events (no shipped supplies)

22+ days notice: FREE reschedule. Full credit of amount paid toward new event (valid 6 months from original event date)
11-21 days notice: FREE reschedule. Full credit of amount paid toward new event (valid 6 months from original event date)
4-10 days notice: $100 rescheduling fee. Full credit of amount paid toward new event (valid 6 months from original event date)
0-3 days notice: Client forfeits all payments made. To reschedule, Client must pay $699 late rescheduling fee, which becomes credit toward rescheduled event (valid 6 months from original event date)

Virtual Events or Events Requiring Shipped Supplies

Timeline calculated from shipping deadline rather than event date:

22+ days before shipping deadline: FREE reschedule. Full credit toward new event (valid 6 months from original event date)
11-21 days before shipping deadline: FREE reschedule. Full credit toward new event (valid 6 months from original event date)
4-10 days before shipping deadline: $100 rescheduling fee. Full credit toward new event (valid 6 months from original event date)
0-3 days before shipping deadline: Client forfeits all payments. To reschedule, must pay $699 late rescheduling fee (valid 6 months from original event date)

Shipping deadlines: 14 days for domestic (US/Canada), 21 days for international

Second Reschedule

In-Person Events

22+ days notice: FREE reschedule. Full credit toward new event (valid 6 months from original event date)
11-21 days notice: $100 rescheduling fee. Full credit toward new event (valid 6 months from original event date)
4-10 days notice: $200 rescheduling fee. Full credit toward new event (valid 6 months from original event date)
0-3 days notice: Client forfeits all payments made. Must pay $699 cancellation fee. No credit issued. Client may book future events, but this event credit is permanently lost.

Virtual/Shipped Supply Events

Same fee structure but calculated from shipping deadline.

Third Reschedule

Not permitted. Client forfeits all payments and credits with no refund. Client may book new events in the future, but all credits from this booking are permanently forfeited.

Cancellation Procedure

All cancellations and reschedule requests must be submitted in writing via email to groups@paintnite.com and are effective only upon Paint Nite's written acknowledgment. Verbal requests are not accepted. Notice periods are calculated from when Paint Nite acknowledges your request in writing during business hours (Monday-Friday, 9am-5pm ET).

Deposit: The $200 deposit is always non-refundable but will be applied as credit toward any rescheduled event within the 6-month validity period.

Credit Terms

Credits valid for 6 months from original event date
Credits are non-transferable and non-refundable
Credits may only be used toward new private event bookings (minimum 15 guests)
Credits cannot be used for: deposits on new bookings, public event tickets, gift cards, passes, or merchandise
Only one credit may be applied per booking
Credits have no cash value
Unused credits expire after 6 months with no extensions

5. No-Show & Attendance Policies

No-Show: If Client or Client's guests fail to attend the scheduled event without prior cancellation, all payments already made are forfeited with no credit or refund. If full payment has not been made due to approved payment terms (e.g., Net 30), the full amount of the most recent invoice becomes immediately due and payable within 5 business days. No-show counts as a reschedule attempt for purposes of Paint Nite's rescheduling policies.

Reduced Attendance: Client is charged based on the final confirmed headcount provided 7-10 days prior to the event (or 14-21 days for shipped supply events), regardless of actual attendance. No refunds or credits issued if fewer guests attend than the confirmed number.

Late Arrival Fee: If the event cannot start within 30 minutes of the scheduled start time due to Client or guest delays, a $50 late start fee applies. Event end time will not be extended, and full event cost remains due regardless of shortened instruction time.

Additional Guests: Additional guests may be added up to 24 hours before in-person events (or by applicable shipping deadline for virtual/shipped supply events), subject to approval from Paint Nite event manager or assigned artist, venue capacity and supply availability, and payment due immediately via separate invoice. No day-of additions permitted; on-site staff cannot accept payment of any kind.

6. Force Majeure

Cancellation by Paint Nite

If Paint Nite must cancel your event due to circumstances beyond our reasonable control (artist emergency, supply issues, natural disasters, pandemics, government orders, or other unforeseeable circumstances), we will offer you:

Option 1: Full refund of all payments made, processed within 14 business days
Option 2: Free reschedule to a mutually agreeable date within 180 days, with no rescheduling fee

Client chooses which option they prefer.

Venue Cancellation

Since Client books the venue directly, Paint Nite is not responsible for venue cancellations or issues. However, we will work with you to suggest alternative venue options, offer free reschedule to allow time to secure new venue, and provide guidance on appropriate venue requirements.

Weather (Outdoor Events)

Paint Nite discourages outdoor events but will accommodate them when requested. Weather policies are discussed and agreed upon during booking. Generally, inclement weather for outdoor events may qualify for free reschedule if the event becomes unsafe or impractical.

7. Client Responsibilities

Venue Coordination

Book and coordinate directly with the venue (Paint Nite does not book venues)
Ensure venue is appropriate for creative activities involving paint and art supplies
Confirm venue allows painting/creative events
Provide adequate tables, chairs, lighting, restrooms, parking, and space
Arrive 30-40 minutes before start time for any venue coordination needed

Guest Management

Provide accurate headcount by required deadlines
Ensure only approved guests attend
Monitor guest behavior and ensure compliance with venue rules
Be solely responsible for actions of all guests

Legal Compliance

Comply with all applicable laws, including alcohol service laws and music licensing
Follow all venue rules, restrictions, and requirements
Ensure appropriate age restrictions are observed

Liability

Client is responsible for any damage to venue property, including paint spills, stains, or other issues arising from the event. Client should confirm venue's policies regarding potential paint/supply damage and consider protective coverings if needed. Paint Nite artists will exercise reasonable care, but Client assumes all risk and liability for venue-related issues.

Prohibited Actions

Cannot sell tickets to the event
Cannot operate any venue equipment without permission
Cannot display signage at venue without venue approval
No media coverage without advance venue approval

8. Virtual Events & Shipping

Shipping Address Requirements

Domestic (US/Canada): All shipping addresses due 14 business days before event
International: All shipping addresses due 21 business days before event, additional shipping fees apply

Failure to Provide Addresses: If Client fails to provide shipping addresses by the deadline, event may be automatically rescheduled with applicable rescheduling fees and Client may be charged for expedited shipping costs. Paint Nite is not responsible for late delivery due to Client's missed deadline.

International Shipping: International events require additional shipping fees and extended timelines. Fees and timelines provided during booking process.

9. Insurance

Paint Nite Insurance: Paint Nite carries general liability insurance. Upon request and for an additional fee, Paint Nite can provide a Certificate of Insurance naming Client or venue as additional insured. This must be requested at least 14 days before the event date. Current fee is $215 for US events only (Canada insurance certificates not available).

Client Insurance: Paint Nite does not require Client to carry insurance. However, Client is responsible for any liability arising from the event, including guest behavior, venue damage, or injuries.

10. Intellectual Property

Paint Nite Trademarks: PAINT NITE and related logos are registered trademarks of Paint Nite LLC. Clients may use "Paint Nite" in event invitations and marketing for their specific event. Clients may use Paint Nite logos for event promotion with permission.

Artwork Ownership: Paint Nite owns all rights to the artwork designs and instructions used at events. These designs are created by Paint Nite artists.

Client Artwork: Clients and guests may take home the paintings they create at the event. However, you agree not to reproduce, copy, or distribute your created artwork for profit or commercial purposes. Personal use and display is permitted.

Photography & Video: Paint Nite artists may take photographs or videos at events for marketing purposes. By booking, you consent to Paint Nite's use of any photos or videos taken at your event, which may include participants, artwork, and event setup. Photos may be used on Paint Nite's website, social media, marketing materials, and other promotional purposes.

Opt-Out: If you do not want photos/videos taken at your event, you must notify Paint Nite in writing at least 7 days before the event by emailing groups@paintnite.com with "NO PHOTOS" in the subject line.

Client Use of Photos: Clients may use photos from their event for their own marketing and social media purposes.

11. Disclaimers & Limitations of Liability

As-Is Service: Paint Nite events are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, express or implied. Paint Nite makes no guarantees regarding quality of finished artwork, uninterrupted or error-free service, specific results or outcomes, or individual participant satisfaction.

No Liability For: Paint Nite is not responsible for venue issues, cancellations, or inadequacies; actions of venue staff or third-party vendors; food or beverage service (provided by venue/third parties); guest behavior, injuries, or incidents; lost, stolen, or damaged personal property; alcohol-related incidents; or any third-party services at or related to your event.

Limitation of Liability: To the maximum extent permitted by law, Paint Nite's total liability for any claims arising from your event shall not exceed the lesser of: (1) the net amount Paint Nite retained from your event, or (2) $1,000. Paint Nite shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption.

Assumption of Risk: Participation in Paint Nite events is voluntary. Client acknowledges that creative activities may involve risks including but not limited to paint spills, allergic reactions to art supplies, minor injuries, and property damage. Client freely assumes all such risks and waives all claims against Paint Nite related to participation in the event.

12. Indemnification

Client agrees to defend, indemnify, and hold harmless Paint Nite and its officers, directors, employees, artists, agents, and representatives from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney fees and costs) arising from or related to any breach of these Terms by Client; actions or omissions of Client or Client's guests; venue selection, booking, or venue-related issues; any injuries, property damage, or incidents at the event; or Client's failure to comply with applicable laws or venue rules.

13. Privacy & Communications

Data Collection

Paint Nite collects personal information including name, email, phone number, payment information, and event details necessary to provide services.

Use of Information

We use your information to process bookings and payments, communicate about your event, send confirmations, reminders, and updates, improve our services, and send marketing communications (you may opt out).

Marketing Communications

By booking, you consent to receive emails from Paint Nite including newsletters, promotional offers, and event updates. You may unsubscribe at any time by emailing hello@paintnite.com or clicking unsubscribe in any email.

We Do Not Sell Your Information: Paint Nite does not sell your email address or personal information to third parties.

Third-Party Sharing

We may share your information with payment processors (to process transactions), artists assigned to your event (to coordinate logistics), and service providers who assist our operations.

14. Dispute Resolution

Governing Law: These Terms are governed by the laws of the Commonwealth of Massachusetts (for US events) or the applicable province (for Canadian events), without regard to conflict of law principles.

Arbitration Agreement: Any dispute, claim, or controversy arising from these Terms or your event shall be resolved by binding arbitration instead of in court.

Arbitration Process

Arbitration shall be conducted by a mutually agreed upon arbitrator
If parties cannot agree, arbitration conducted through the American Arbitration Association (AAA) under its Commercial Arbitration Rules
Arbitration location: Boston or Cambridge, Massachusetts
Each party pays their own costs unless arbitrator awards costs to prevailing party
Arbitrator may award same damages and relief as a court

Notice Requirement: Before initiating arbitration, the complaining party must send written notice by certified mail describing the claim, all relevant facts, and desired resolution to:

Paint Nite LLC
84 Raymond Street
Cambridge, MA 02140
Attn: Legal Department

Canadian Events:
Paint Nite Canada Company
1900-1801 Hollis Street
Halifax, Nova Scotia B3J 3N4

No Class Actions: You and Paint Nite agree that any arbitration shall be conducted in individual capacity only, not as a class action or representative proceeding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Jury Trial Waiver: Both parties waive the right to trial by jury for any disputes arising from these Terms.

15. General Provisions

Entire Agreement: These Terms constitute the entire agreement between Client and Paint Nite and supersede all prior agreements, understandings, or representations.

Amendments: Paint Nite may amend these Terms at any time by posting updated Terms at paintnite.com. Continued booking of events after changes constitutes acceptance of revised Terms. Terms in effect at time of your booking govern your event.

Severability: If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force.

No Waiver: Paint Nite's failure to enforce any provision does not waive our right to enforce it later.

Assignment: Client may not assign or transfer these Terms without Paint Nite's written consent. Paint Nite may freely assign these Terms without notice.

Notices: All notices must be in writing and sent via email (with confirmation) or certified mail to:

US Events:
Paint Nite LLC
84 Raymond Street
Cambridge, MA 02140
Email: groups@paintnite.com
Phone: 508-794-9964

Canadian Events:
Paint Nite Canada Company
1900-1801 Hollis Street
Halifax, Nova Scotia B3J 3N4
Email: groups@paintnite.com

Survival: Provisions regarding payment, liability, indemnification, dispute resolution, and intellectual property survive termination of these Terms and conclusion of your event.

16. Contact Information

Questions or concerns?

Email: groups@paintnite.com (event bookings)
Email: hello@paintnite.com (general inquiries)
Phone: 508-794-9964
Website: www.paintnite.com
Customer Service Hours: Monday-Friday, 9am-5pm ET

By paying your deposit or proceeding with your booking, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

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