PHUZA AND PAINT (PTY) LTD – TERMS AND CONDITIONS

Welcome to Phuza and Paint!

These Terms and Conditions outline the rules, regulations, and legal policies for the use of Phuza and Paint’s Website (located at https://phuzaandpaint.com) and the booking and execution of our mobile art studio events.

By accessing this website and/or securing an event booking, you accept these terms and conditions in full. If you do not agree to all of the terms and conditions stated on this page, please do not continue to use the website or proceed with booking our services.

SECTION 1: WEBSITE & INTELLECTUAL PROPERTY POLICIES

1.1 Cookies

The website uses cookies to help personalize your online experience. By accessing Phuza and Paint, you agree to use the required cookies.

A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website which do not require your consent.

Please note: By accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services integrated into our website (for example, a video display window).

1.2 License & Intellectual Property Rights

Unless otherwise stated, PHUZA AND PAINT (PTY) LTD and/or its licensors own the intellectual property rights for all material on PHUZA AND PAINT (PTY) LTD. All intellectual property rights are reserved. You may access this from PHUZA AND PAINT (PTY) LTD for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from our website

• Sell, rent, or sub-license material from our website

• Reproduce, duplicate, or copy material from our website

• Redistribute content from Phuza and Paint

1.3 User-Generated Content & Comments

Parts of this website offer users an opportunity to post and exchange opinions and information. Phuza and Paint does not filter, edit, publish, or review Comments before their presence on the website. Comments do not reflect the views and opinions of Phuza and Paint, its agents, and/or affiliates. To the extent permitted by applicable laws, Phuza and Paint shall not be liable for the Comments or any liability, damages, or expenses caused as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Phuza and Paint reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy;

• The Comments will not be used to solicit or promote business, custom, commercial activities, or unlawful activity.

You hereby grant Phuza and Paint a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.

1.4 Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors linking in the same manner as they hyperlink to other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.

We may consider and approve link requests from other types of organizations (such as commonly-known consumer/business information sources, dot.com community sites, online directory distributors, internet portals, educational institutions, or consulting firms) if we determine that the link does not reflect unfavorably on us and fits within the context of general resource information.

If you are interested in linking to our website, you must inform us by sending an e-mail to Phuza and Paint. Please allow 2–3 weeks for a response. No use of Phuza and Paint's logo or other artwork will be allowed for linking absent a trademark license agreement.

SECTION 2: OFFICIAL EVENT & BOOKING POLICIES

To ensure a seamless, professional, and memorable experience, all hosted mobile studio bookings are bound by the official operational policies outlined below.

2.1 Booking, Payment & Headcount

• Standard Bookings (More than 7 days notice): A non-refundable upfront payment of 50% of the total invoice amount is required to secure your booking date. The remaining 50% balance is due strictly within 24 hours of the scheduled event.

• Late Bookings (Within 7 days of the event): For events confirmed on short notice, the full 100% invoice amount is due upfront to secure the booking. This payment is completely non-refundable.

• Minimum Booking Requirement: We require a minimum of 10 people for a standard booking, or the equivalent base amount of R3500. This headcount represents the minimum amount that will be invoiced to cover materials and staffing. Headcount must be finalized and confirmed at least 7 days in advance (or 3 weeks in advance for large bookings of 100+ pax).

• Travel Fees: Travel within a 10km radius of our base is included. Travel outside of this local area is charged at a competitive operational rate of R8/km.

2.2 Cancellation & Forfeiture Policy

• Standard Cancellations: Should an event be cancelled by the client more than 7 days prior to the scheduled date, the upfront 50% deposit payment will be forfeited in full.

• Late Cancellations: For bookings confirmed or cancelled within 7 days of the event date, the full 100% payment will be forfeited.

2.3 Setup, Arrival & Punctuality

• Setup Time & Access: The Phuza and Paint team requires confirmed access to the venue prior to the scheduled start time to manage the full setup of the art station. The client is responsible for providing all required tables and chairs.

• Punctuality: Sessions will begin promptly at the agreed-upon time to ensure all guests have sufficient time to finish their masterpieces. Late arrivals may miss key instructions, and the session duration cannot be extended past the contracted end time due to subsequent operational schedules.

• Client Delays: If the start of the event is delayed by more than 30 minutes due to client schedule overruns (such as extended speeches, presentations, or late lunch programmes), Phuza and Paint reserves the right to shorten the session length accordingly or charge a waiting fee to cover extra staffing costs.

2.4 Catering & Beverages

Phuza and Paint operates strictly as a mobile art studio and does not provide beverages or catering services. All food, drinks, catering infrastructure, and any venue-related corkage fees for the "Sip" component of the event must be arranged and handled independently by the client.

2.5 Attire & Property Liability Disclaimer

While protective aprons are proudly provided to all participants, acrylic paint can become permanent on clothing and textiles. Phuza and Paint is not liable for any accidental damage to personal attire, guest belongings, or the client's venue furniture during setup, the active session, or cleanup.

2.6 Photography, Media & Logo Use

By hosting an event with us, you grant Phuza and Paint permission to capture photographs and video footage of the session for promotional, portfolio, and digital marketing purposes.

This includes the right to feature your company name and brand logo in our client portfolio and marketing materials alongside our corporate track record. If any individual guests or your organization prefer to opt out of media coverage, please explicitly notify our lead facilitators prior to the start of the session.

2.7 Asset Ownership & Rentals

All creative tools provided for the event (including but not limited to desktop easels, paint palettes, and paintbrushes) are supplied on a temporary rental basis for the duration of the session only and remain the sole property of Phuza and Paint. The completed canvases are for participants to keep.

2.8 Pricing Adjustments

Please note that listed package prices are subject to change without prior notice. However, finalized quotes on fully paid deposits will always be honored.

SECTION 3: GENERAL LIMITATION OF LIABILITY & LEGAL DISCLAIMERS

3.1 Website Disclaimer

We do not ensure that the information on this website is absolutely correct; we do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date. As long as the website and the basic information on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

3.2 Total Aggregate Event Liability

To the maximum extent permitted by law, Phuza and Paint shall not be liable to the client for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues arising out of or related to the event. Our total aggregate liability for any claim whatsoever shall under no circumstances exceed the total amount actually paid by the client on the specific event invoice.

3.3 Force Majeure

Phuza and Paint will not be held liable or responsible for any failure, delay, or cancellation of an event resulting from acts beyond our reasonable control. This includes, but is not limited to: acts of God, extreme weather conditions, national power grid failures or severe load shedding, strikes, riots, or sudden government restrictions. In such an occurrence, we will work closely with the client to find a mutually viable alternative date, subject to calendar availability.

3.4 Statutory Overrides

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence, fraud, or fraudulent misrepresentation, or any liabilities that may not be excluded or limited under applicable South African law.