If you have any questions about these KS EDU Terms please contact us at firstname.lastname@example.org. If you do not agree to these KS EDU Terms, do not access KitSplit EDU.
We know these KS EDU Terms can be long and confusing, so we will do our best to keep things as clear and concise as possible. This section is a brief summary of the highlights of these KS EDU Terms. Know that when you accept these KS EDU Terms, you are accepting all of the terms and conditions below in addition to the General Terms.
By accessing KitSplit EDU in any manner, including browsing the website or taking part in a Class, you acknowledge that you have read, understood, and agree to the KS EDU Terms and the General Terms.
Please note that we reserve the right to revise and amend these KS EDU Terms at any time at our sole discretion. Any changes to these KS EDU Terms will be posted on our website at https://kitsplit.com/terms-of-use-kitsplit-edu and will become effective immediately upon posting. It is your responsibility to check updates to these KS EDU Terms periodically. If you do not agree to any modifications to these KS EDU Terms, you should cease using KitSplit EDU. Your continued use of KitSplit EDU after any amendment or modification to these KS EDU Terms constitutes your agreement to the amended or modified KS EDU Terms.
Before we get going, please note that for purposes of these KS EDU Terms, the following terms shall be defined as follows:
“1:1 Coaching” shall mean a lesson/tutorial/session offered by a single Instructor for a single Student.
“Class” shall mean Workshop and/or 1:1 Coaching session.
“Class Listing” shall mean information published by an Instructor on KitSplit EDU in connection with a specified Class.
“Class Payment” shall mean a payment made from a Student to an Instructor for instruction.
“Gear” shall mean a piece of equipment made available by a Student or Instructor before, during, or after a Class for the purposes of attending/teaching such Class, including accompanying accessories and, if specifically indicated, any consumables included therewith.
“Instructor” shall mean a party who offers to teach a Class via KitSplit EDU.
“Member Feedback” shall mean user feedback on KitSplit about a Class or Instructor and the mechanism through which that feedback is delivered.
“Public Discussion” shall mean the forum elements of KitSplit that allow users to comment on Class Listings or blog posts to ask for more details.
“Student” shall mean a party who purchases a Class offered by an Instructor.
“Workshop” shall mean a lesson, tutorial or session offered by an Instructor for multiple Students.
KitSplit EDU is an online marketplace designed to connect Students and Instructors. Because all Classes are directly between Students and Instructors, we cannot and do not have control over the quality, timing, safety, legality, integrity, actions, or omissions of any Instructor or Student. We also do not have control over:
When using our Service, know that there is no guarantee that the parties will comply with any terms of the applicable terms.
KitSplit Inc. is not liable for a User’s deceptive or fraudulent acts, cancellation of Class, voluntary parting of the Gear, theft of Gear, or any other loss caused by a User’s deceptive or fraudulent acts through KitSplit EDU. KitSplit may, in its sole discretion, choose to work with law enforcement and any insurance companies involved, and cooperate with any investigation and produce information about the incident and the parties involved.
You must be at least 18 years old to use our Services. If you are under 18 years old and would like to use KitSplit EDU, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
We operate in the United States of America, and we provide KitSplit for use only by Users located in the United States. Furthermore, KitSplit EDU is hosted in the United States. As such, we make no representation that KitSplit EDU is appropriate or available for use outside the United States. Users who access KitSplit EDU or any part thereof from outside United State do so at their own risk and are responsible for compliance with applicable local laws. For the avoidance of doubt, Users accessing KitSplit EDU from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, are advised that through their continued use of KitSplit EDU, which is governed by U.S. law, consent to transferring their personal information to the United States.
By using KitSplit EDU, you represent and warrant that you meet all eligibility requirements we outline in these KS EDU Terms. We may still refuse to let certain people access or use the Service. We may also change our eligibility criteria in our sole discretion.
Subject to your compliance with these KS EDU Terms, we grant you a limited, non-transferable license to use our Service only for your own personal use and not for the use of any third party (unless you are a parent or legal guardian using the Services for your minor child). If you are signing up for our Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to these KS EDU Terms.
You don’t need to create an account on KitSplit in order to browse for Classes. However, you’ll need to create an account with KitSplit in order to attend any Class. To create an account, you will need to provide us with your first and last name, email address, a password and other information. Here are a few common sense rules and acknowledgements that we ask you comply with and understand when you create an account:
Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or to impersonate another person or company through your account.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the KS EDU Terms on behalf of the business. Your accounts are not transferable. You are solely responsible for any activity on your account, so it’s important to keep your account password secure.
Be clear about our relationship. Except as explicitly stated in these KS EDU Terms, creating an account with KitSplit or using our Service does not create an agency, partnership, joint venture, employment, or franchisee relationship with us. No confidential, fiduciary, contractually implied, or other relationship is created with us other than pursuant to these Terms.
Passwords. You’re responsible for safeguarding the password that you use to access KitSplit and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with the above.
Please contact email@example.com to answer any questions you have about registering an account with KitSplit.
Upon receipt of a Class confirmation from KitSplit, a legally binding agreement is formed between the Instructor and Student, subject to any additional terms and conditions detailed in the Class Listing.
If you are an Instructor, you understand and agree that we do not act as an insurer or as your contracting agent. By entering into a Class as an Instructor, any agreement you enter into with such Student is between you and the Student, and KitSplit Inc. is not a party to it. Notwithstanding the foregoing, you hereby appoint KitSplit Inc. as your limited agent for the purpose of collecting the Class Payments from Students, and you understand that our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from Students. In accepting appointment as the limited collection agent of the Instructor, we assume no liability for any acts or omissions of the Instructor.
Service Fees. For each Class, we charge a service fee (“Service Fee”) as follows: (a) 20% of the Class’s advertised Class price as listed on a Class Listing (the “Listed Class Price”) from Instructors. The Service Fee helps cover payment processing, member vetting, hosting, and other services to run KitSplit smoothly.
Here are some things to keep in mind about fees and payment:
Responsibility for Paying Fees. Our Service Fee and any third-party processing fees will be deducted from the Listed Class Price. Students will be responsible for paying the Class Payment for the applicable Class, which includes the Listed Class Price, any extra payments related to the Class, such as travel, delivery, maintenance, or other assistance as linked to any particular Gear to be provided by Instructor, and any other applicable fees (as determined in our sole discretion). Once a Student has registered for a particular Class, the Student will be charged and hereby authorizes Stripe to process the Class Payment. Instructor acknowledges and agrees that we will remit the Class Payment to Instructor within 1-3 days from the date the applicable Class begins.
Taxes. You will be liable for any taxes (including VAT, if applicable) required to be paid in connection with any Class (other than taxes on the Company’s income). Except as set forth in these KS EDU Terms, Instructors will be solely liable for any taxes resulting from any Class or use of KitSplit (including VAT, if applicable) and will be solely responsible to determine what taxes, if any, he or she must pay. Instructors will be solely liable for any income taxes required to be paid on a Class (other than taxes on the Company’s income).
Our Rights. We reserve the right to change the foregoing fees and agree to notify users of any changes in such fees prior to charging you. We also reserve the right, in our sole discretion (but not the obligation), to: (i) place on hold any Class Payment for an indefinite period, or (ii) refund or provide credits to a Student or Instructor, or arrange for Stripe to do so, from the funds paid by a Student or received by an Instructor if we determine, in our sole discretion, that any impropriety has occurred in a Class.
KitSplit EDU is a community-oriented service that allows for communication and sharing of information between Instructors and Students to facilitate Classes. In order to build and maintain an amazing community on KitSplit EDU:
Don’t Undermine KitSplit or go off-platform. You agree not to register for a Class or otherwise attend or offer any Classes outside of KitSplit with an Instructor or Student initially discovered through KitSplit. If your Class is not paid through KitSplit, you will not be protected by KitSplit’s Short Term Class Insurance or Damage Coverage (if applicable) and you will be solely liable for such Class. Going off-platform also will limit our ability to grow and build our community of artists and creative workers. We reserve the right to block you and/or remove you from KitSplit if we find that you have taken a transaction off KitSplit.
Instructors must offer Classes on KitSplit. If you offer Classes on KitSplit you must conduct all written communications through the KitSplit messaging service. If you choose to offer the Class, you must accept payment and complete the Class on KitSplit. Any Student who initially contacted you on KitSplit must thereafter register for more Classes from you on KitSplit. If you rent to a Student who you initially met through KitSplit but you accept payment off of the KitSplit platform, the terms of these KS EDU Terms will not apply to such transaction, and you will be completely unprotected and liable for any damage to or theft of your equipment. If you do not complete the transaction on KitSplit, you will be damaging our community’s trust and we reserve the right to remove you and bar you from our Services.
Students must register for Classes on KitSplit. If you find Classes to attend on KitSplit you must conduct all written communications through the KitSplit messaging service and you must make payments and complete the Class on KitSplit. When you initially contact an Instructor for the first time on KitSplit, and decide to register for another Class offered by that Instructor again, you must thereafter register with that Instructor through KitSplit. If you rent equipment from an Instructor who you initially met through KitSplit but you make payments off of the KitSplit platform, the terms of these KS EDU Terms will not apply to such transaction, and you will be liable for any damage to or theft of the equipment (if applicable). If you do not complete the transaction on KitSplit, you will be damaging our community’s trust and we reserve the right to remove you and bar you from our Services.
Be Careful.When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don’t know. Each User should undertake his or her own research to be satisfied that a specific User is suitable to offer or attend a Class. Instructors should always ask to check a Student’s government-issued identification card or passport in order to ensure that Instructors are meeting with the right Student.
Like many online services, KitSplit allows users to post, transmit, or store text or other materials, such as Class Listings, Public Discussion, Member Feedback, and third-party links (collectively, "Content").
Responsibility for Your Content. You should only provide Content that you have the right to share and are comfortable sharing with others. Don’t upload, post, or otherwise transmit any Content to or through KitSplit that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or KitSplit rule or policy. If you do so, we reserve the right to remove any and all of your Content from KitSplit.
Approval of Content. We do not verify or pre-approve any posted Content, and User opinions are not our opinions. We do not warrant, and will not be responsible for, the accuracy, completeness or usefulness of Content posted on or through KitSplit.
By attending a class you registered for via KitSplit EDU, you hereby grant to KitSplint Inc. and its subsidiaries, parents, affiliates, successors and assigns, and to other such persons as KitSplit Inc. may designate from time to time (collectively “KitSplit”), the exclusive, irrevocable, assignable, sublicenseable and royalty-free right and license to film, videotape, record, and photograph you and/or otherwise reproduce your name, physical likeness and voice (collectively, the “Image”), to use, distribute and advertise KitSplit and or its Service in any and all media now known or heareafter devised worldwide and in perpetuity.
You acknowledge and agree that any and all materials that contain your Image including the copyright therein and all renewals, extensions or reversions, are the sole property of KitSplit, which shall be deemed the author of the materials. You hereby expressly waive and relinquish any moral or “droit morale” in and to any material containing my Image.
By participating in a KidSplit EDU Class, you are agreeing to release, defend, hold harmless and indemnify KitSplit from any and all claims involving the use of your picture or likeness.
Disputes Between Students and Instructors. Except as explicitly stated here or as otherwise explicitly agreed in writing, we’re not a party to any agreement between Students and Instructors. We serve only as a limited agent and facilitator by offering a digital communications platform through which Users can offer and/or attend Classes. You understand that we do not audit, create, or direct any of the Classes and their associated materials or equipment offered through our Service. We cannot and do not make any warranties about Class quality, safety, or even their legality. Any legal claim related to a Class you attend must be brought directly against the Instructor of the Class. If you find yourself in a dispute with another user of the Service or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You hereby release KitSplit Inc. from any claims, demands, and damages arising out of disputes with other Users or third parties.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO KITSPLIT, CLASSES OFFERED THROUGH KITSPLIT, GEAR RENTED THROUGH KITSPLIT, OR ANY OTHER SOFTWARE REFERENCED IN THESE KS EDU TERMS, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “KITSPLIT PARTIES”) DO NOT WARRANT THAT KITSPLIT WILL BE ERROR-FREE OR THAT DEFECTS WITH KITSPLIT WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF KITSPLIT AND ANY THIRD-PARTY SOFTWARE ON KITSPLIT IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF KITSPLIT, INCLUDING, BUT NOT LIMITED TO, ANY INSTRUCTORS OR STUDENTS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF KITSPLIT. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF KITSPLIT OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF KITSPLIT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF KITSPLIT AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INSTRUCTORS OR STUDENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US.
BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE CONSUMMATION OF RENTALS OR CLASSES, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS.
WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY INSTRUCTOR, STUDENT, OR OTHER THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF KITSPLIT, ITS RENTAL AND CLASS LISTINGS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. THE KITSPLIT PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY RENTAL CONTRACT, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF KITSPLIT, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF KITSPLIT OR FROM ITS RENTAL AND/OR CLASS LISTINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF KITSPLIT, INCLUDING, BUT NOT LIMITED TO, FROM ITS RENTAL AND/OR CLASS LISTINGS OR FROM THE USE OF OR INABILITY TO USE KITSPLIT OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF KITSPLIT, EXCEED THE LOWER OF: (1) AMOUNTS YOU HAVE PAID OR OWE FOR YOUR RENTALS AND/OR CLASSES IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (2) $200. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the KitSplit Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys’ fees) arising from or relating to: (i) your use of and access to KitSplit; (ii) your violation of any term of these KS EDU Terms; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule, or regulation, or the rights of any third party; or (v) any Class, including, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Agreement to Arbitrate. While we do not get involved in any legal dispute between Students and Instructors (as set forth above), we understand that it is possible that you may have a legal claim directly against us. While we hope that’s not the case, in the event that you do have a dispute with us, you agree to arbitrate any dispute with us arising from these KS EDU Terms or your use of KitSplit on an individual basis. That means you cannot sue us in court or have a trial by jury.
Format for Arbitration. In the case of a dispute, you agree that: (i) any in-person arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.
Hearings may be conducted in person, by telephone, or over the internet, and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings.
Furthermore, any disputes, claims, or controversy arising out of or relating to these KS EDU Terms, or breach thereof, may (in our sole discretion) be settled by arbitration administered by FairClaims (www.fairclaims.com) (or any other arbitration services that we deem appropriate) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and you consent to electronic service of process.
Other than class procedures and remedies discussed below, the arbitrator will have the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL ALSO BE ENTITLED TO COSTS AND ATTORNEYS’ FEES AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT.
Waiver of Class Action. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU WILL NOT COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in a federal court located in New York, New York. The parties expressly consent to this exclusive jurisdiction and waive any and all objections based on inconvenience of venue or jurisdiction. However, the parties may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one (1) year after such claim arose, where, for purposes of this section, the time that the injury or harm occurred – not when it was discovered thereafter – is where it arose; otherwise, your claim is permanently barred.
Except as otherwise set forth hereunder, nothing in these KS EDU Terms shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship with us. Instructors are not employees of KitSplit Inc.
We welcome comments, questions, concerns, or suggestions. Please contact us at: firstname.lastname@example.org.
Effective Date: January 11, 2019.
We know that Terms can be long. Thanks for making it to the end!