The Clay Hole Artists Workshop Host Agreement

1Scope of this Agreement and what it is not

This Agreement grants the Host a limited, revocable, non-exclusive license to use The Artists Workshop, a designated classroom area within the Studio (the “Space”), on the approved dates and during the approved hours stated in the Booking Schedule, for the approved activity stated in the Booking Schedule, and for no other purpose.

This Agreement is a license to use the Space. It is not a lease, not a tenancy, not a sublease, and it conveys no estate, possessory interest, or right of exclusive possession in any part of the premises. The Studio retains full control of the premises, including the Space, at all times, and Studio staff may enter the Space at any time.

The Space is a designated area within an operating pottery and art studio. Members, classes, staff and other activity may be present elsewhere in the building during the Host's booking. This Agreement does not grant use of the whole studio, access to other rooms or equipment, or quiet enjoyment of the premises as a whole.

The Artists Workshop is used for crafts other than pottery. Pottery wheels, kilns, firing, clay, glazes, underglazes, slab rollers, slab molds and other studio equipment are not included in a booking under this Agreement and may not be used by the Host or by participants.

Approval of a booking is specific to the activity described in the Booking Schedule. It is not approval of any other activity, process, tool or material, and it does not carry over to a future booking.

2Status of the parties, and the status of participants

This Section is a material term of this Agreement. The Studio relies on it in approving bookings and in placing and maintaining its insurance, and the Host acknowledges that the Studio would not enter into this Agreement without it.

2.1 Participants are guests and clients of The Clay Hole

EVERY PERSON WHO ATTENDS A WORKSHOP UNDER THIS AGREEMENT IS A GUEST, INVITEE AND CLIENT OF THE CLAY HOLE. PARTICIPANTS ARE NOT THE HOST'S CUSTOMERS OR THE HOST'S CLIENTS, AND THEY ARE NOT THE GUESTS OR INVITEES OF ANY OTHER PERSON OR BUSINESS. THIS IS SO FOR ALL PURPOSES, INCLUDING LIABILITY INSURANCE, PREMISES LIABILITY, AND THE STUDIO'S DUTIES AS THE OPERATOR OF THE PREMISES.

The facts of the arrangement reflect that status, and the parties agree to conduct the arrangement so that they continue to:

• ✓ Participants buy admission from The Clay Hole, through The Clay Hole's own checkout on theclayhole.com. The Studio is the merchant of record for every ticket.
• ✓ Participants contract with The Clay Hole. Each participant signs The Clay Hole Guest Pass and Workshop Participant Agreement with the Studio before participating.
• ✓ Participants are admitted to the premises by The Clay Hole, as the Studio's guests, under the Studio's rules, and subject to the Studio's right to refuse or revoke admission.
• ✓ The Studio sets and enforces the conditions of admission, including minimum ages, supervision requirements, conduct standards, safety rules and departure times.
• ✓ The Studio handles participant refunds, cancellations, payment disputes and any matter affecting payment, safety or venue operations.
• ✓ The Studio counts workshop participants among its own guests and clients for the purposes of its insurance and its records.

The Host's relationship with a participant is instructional only. The Host provides the teaching, the project and the materials for the approved activity, and nothing more.

2.2 What the Host must not do

So that the status in Section 2.1 is not undermined, the Host agrees that the Host will not:

• ✓ Sell, offer, reserve or accept payment for admission to a workshop outside The Clay Hole's checkout, whether in cash, by transfer, by a personal booking link, by an outside ticketing service, or in any other way.
• ✓ Collect a deposit, a holding fee, a materials fee or any other payment directly from a participant for a workshop held under this Agreement, unless the Studio has approved that charge in writing and it is collected through the Studio's checkout.
• ✓ Admit, or arrange the admission of, any person to the Space who has not purchased admission through the Studio's checkout and completed the applicable participant agreement.
• ✓ Describe participants, in any contract, insurance application, marketing material or communication, as the Host's own clients or customers of a business the Host operates at the premises, or in any other way inconsistent with Section 2.1.
• ✓ Represent that the Host is the operator, occupier, lessee or controller of the premises, or that the Host carries the premises liability for them.

Selling admission outside the Studio's checkout is a material breach of this Agreement. It removes the participant from the Studio's records, from the Studio's participant agreement, and from the basis on which the Studio insures its guests, and it entitles the Studio to cancel the booking immediately, to refuse entry to any person admitted that way, and to end the Host's eligibility for future bookings.

2.3 The Host is an independent contractor

The Host is an independent contractor. Nothing in this Agreement creates an employment relationship, a partnership, a joint venture, a franchise, or an agency between the parties. The Host is not an employee, worker, agent or representative of the Studio and may not hold themselves out as one.

The Host controls the content of the workshop, the method of instruction, the project taught, the supplies used, the ticket price proposed, and the Host's own schedule outside the approved booking. The Studio controls the premises, the conditions of admission, the approval of the activity, the checkout, and the Studio's rules.

Renting the Space and using the Studio's checkout does not make the Host a Studio employee or authorize the Host to make commitments on the Studio's behalf or promises outside the approved event terms.

2.4 The Host's own personnel

An assistant, helper, demonstrator or other person the Host brings to deliver the workshop (“Host Personnel”) is the Host's own personnel and not a participant. Host Personnel are not guests or clients of the Studio in the sense of Section 2.1, and the Host is responsible for them, for their conduct, and for their compliance with this Agreement and the Studio's rules.

The Host must identify Host Personnel to the Studio in advance, and each must complete the applicable Clay Hole agreement before entering the work area. Host Personnel are included in the room's occupancy and layout approval and do not occupy a participant place.

3The booking, rates and dates

The approved dates, times, activity, layout, capacity, deposit and any agreed promotion are stated in the Booking Schedule, which forms part of this Agreement. The Booking Schedule controls where this Agreement is general.

Rental is charged per approved booking block at the rate for that block's day and time:

A booking may cover one to four approved dates, consecutive or spread across weeks as agreed. Each date is charged at its own day and time rate and is listed separately on the Booking Schedule. There is no multi-date or package discount. A booking that mixes daytime and evening dates, or weekday and weekend dates, is charged at the applicable rate for each.

These are base rates. Any custom scope, additional service or additional charge is quoted and agreed in writing before payment. The Studio will not impose an undisclosed mandatory fee.

The booking is confirmed only when the Studio has received the rental and the security deposit in full. Submitting an inquiry, receiving a quote, discussing a date, or receiving a provisional hold does not reserve anything.

The Booking Schedule states whether the Host is selling one ticket covering every session as a course, or separate tickets for separately ticketed workshops. That election is made before ticket sales open and determines the refund treatment in Section 17.

4Hours, access, departure and late checkout

A daytime booking block is up to five hours in total, and the Host's setup, teaching and cleanup all take place within it. The Studio recommends a four-hour workshop, which leaves time at each end. The general manager approves the exact start and finish times for each date.

An evening booking block begins no earlier than 5:00 p.m. The Host's approved access, setup and cleanup all take place within the approved booking window. No early access is granted, and a request made on the day does not create any.

For an evening workshop that involves hand washing or water cleanup, all workshop participants must leave by 9:30 p.m. The Host and approved Host Personnel may complete approved cleanup after that time. Cleanup must be complete, the Space restored, and the Host and Host Personnel out of the building by 10:00 p.m.

For an evening workshop that does not involve hand washing or water cleanup, all persons must be out, cleanup complete and the Space restored, by 10:00 p.m. The Host must end teaching early enough to make that possible.

Late checkout is charged at $60 for each started 30-minute period after the Host's approved final checkout time. By way of illustration, one minute late is $60 and thirty-one minutes late is $120. For an evening booking the final checkout time is 10:00 p.m., and the 9:30 p.m. participant departure deadline for a workshop involving water cleanup applies independently of it.

Payment of a late checkout fee does not authorize an extension of access and is not an option the Host may elect. It is a charge for the Studio's cost and disruption where the Space was needed and the Host had not vacated it.

All clock times in this Agreement are Mountain Time at the Studio.

5Capacity and participant places

The standard capacity of the Space is 28 participant stools or seats, plus an instructor table and seat. That is the capacity the Studio advertises and plans around.

Six additional stools exist and may, for some activities, increase participant capacity to 34. That is a tighter layout and requires the general manager's express approval for the Host's specific activity. The Host may not plan, advertise or sell above 28 participant places without that approval recorded in the Booking Schedule. Suitability depends on the activity, the tools, the space each person needs, and the layout.

Every enrolled person occupies one participant place, including a parent or legal guardian enrolled alongside a minor. A parent and child pair occupies two participant places, not one.

The Host and Host Personnel are accounted for in the room layout and overall occupancy approved by the general manager and do not occupy participant places.

6What the Studio provides

Subject to approval of the Host's specific activity and to the usage rules in this Agreement, the Studio provides:

• ✓ The workshop tables and stools. These may be rearranged for the workshop provided the original layout is restored before checkout.
• ✓ One rolling whiteboard.
• ✓ Hanging electrical outlets above the tables.
• ✓ A speaker and headset, subject to volume limits while other classes or activity are running.
• ✓ Six-inch banding wheels.
• ✓ Work mats on the tables, subject to the protection limits in Section 15.
• ✓ An 85-inch television and Apple TV for AirPlay streaming.
• ✓ Approved water and sink access, and one-gallon or five-gallon buckets as the approved activity requires.
• ✓ An individual workshop event page and ticket checkout through theclayhole.com.
• ✓ Appropriate Host-requested promotional codes, configured so that they cannot inadvertently conflict with the attribution rules in Section 12.

The following are expressly not provided and may not be assumed: pottery wheels, kilns, firing, clay, glazes, underglazes, slab rollers, slab molds and other studio equipment; Wi-Fi; storage between sessions; consumables; and safety equipment specific to the Host's craft.

The presence of Studio staff in the building is not teaching assistance, event management, technical production, or cleanup service, and must not be relied upon as any of those. Staff may intervene where necessary for safety, payments, refunds or venue operations.

The Studio does not promise ventilation, accessibility features, or support equipment that has not been confirmed in writing for the Host's specific activity.

7What the Host is responsible for

The Host is responsible for:

• ✓ The workshop concept, the project, the plan, and competent instruction in it.
• ✓ All supplies and materials the workshop requires.
• ✓ Any specialty equipment, once approved under Section 8.
• ✓ Table and floor protection appropriate to the approved activity.
• ✓ Recruiting participants and filling the available places.
• ✓ Supervising participants throughout every session.
• ✓ All participant communication about the workshop itself, before, during and after it, as set out in Section 18.
• ✓ Complete cleanup and restoration of the Space, within the booking window, as set out in Section 16.
• ✓ The conduct and compliance of Host Personnel.

The Studio does not fill the Host's places. Recruiting participants is the Host's responsibility. The optional promotion in Section 12 is additional to, and not a substitute for, the Host's own recruitment, and the Studio makes no promise as to its results.

The Host warrants that the Host has the skill, knowledge and experience to teach the approved activity safely and competently, that the Host has the right to teach the project and to use any pattern, design, image or material the workshop involves, and that the Host's materials and instruction will not infringe the rights of any third party.

8Activity approval, safety and prohibited activities

Every activity is approved on its actual process, materials, tools and room requirements. A higher security deposit does not override a prohibited activity and does not buy approval for one.

The following are prohibited in The Artists Workshop and may not be part of any workshop:

• ✓ Alcohol brought, served, consumed or promoted as part of a workshop. Alcohol may result in immediate shutdown of the session.
• ✓ Flame torches, propane flames, welding torches, and comparable open-flame processes.
• ✓ Power equipment.

Controlled tabletop heating, such as aspects of stained-glass work, may be approved specifically. Approval of a named process extends to that process only, and approval of a craft is never approval of every tool or process associated with that craft.

Noise and amplification must remain compatible with other studio activity running at the same time.

Life drawing involving nude models requires specific approval and must be scheduled during the day or on an evening when no other classes are running. The general manager must also approve the privacy and access arrangements for the session. Scheduling alone does not establish privacy.

Before approving an activity, the general manager reviews heat, adhesives, dyes, fumes, dust, sharp fragments, electrical loads, water requirements, waste disposal, participant ages, supervision and accommodation needs. The Host must disclose each of these accurately and completely. An approval obtained on an incomplete or inaccurate description of the process is void, and the Studio may stop the session.

The Host must not introduce outside clay, glazes, kiln wash, chemicals, stains, oxides, slips or ceramic products into the Studio's clay, glazes, sinks, kilns or other shared systems. Approval of a material for a workshop is not approval to put that material into a shared system.

The Studio may stop an activity, require a person to leave, or end a session where Studio staff believe it is unsafe, prohibited, or materially different from what was approved. Where a session is stopped because of the Host's breach, Section 17 applies as though the Host had cancelled.

9Participants, minimum ages and parent participation

Workshops in The Artists Workshop are open to participants age 10 or older.

Every workshop participant under age 18 must have a parent or legal guardian separately enrolled in the same workshop, actively participating and working alongside the minor throughout every session. A parent or guardian present elsewhere in the studio does not satisfy this requirement. These are not drop-off workshops and the Host must not present them as such.

Both the minor and the enrolled parent or legal guardian appear on the participant roster, each occupy a participant place, and each complete the applicable agreement. The Host may not offer free parent admission, child discounts, or parent-and-child ticket packages. Both places are sold at the approved event pricing.

The Host acknowledges that the Studio's other offerings carry their own minimums, which this Agreement does not change: a pottery class guest pass requires age 14 or older, with a parent or legal guardian present and directly supervising a guest aged 14 to 17; and a member under 18 requires a parent or legal guardian enrolled as a member alongside them. The workshop minimum of age 10 applies to The Artists Workshop only and does not lower either of those.

Age is determined on the date of participation.

Any additional activity-specific age, skill, equipment or supervision requirement must be approved by the Studio and clearly disclosed on the event page before purchase. The Host may not invent such a requirement, and no such requirement may lower a minimum stated in this Section.

The Host must deliver the workshop so that it is suitable for the ages approved and advertised for it, and must not include content, materials or processes unsuitable for those ages.

10Participant agreements and check-in

Each participant completes The Clay Hole Guest Pass and Workshop Participant Agreement before participating. Every adult participant signs for themselves. A purchaser who buys several tickets does not sign for the other adults on that order, and the Host may not sign on any participant's behalf.

For a participant aged 10 to 17, the enrolled parent or legal guardian completes the consent for the minor and a separate participant agreement for that adult's own participation.

At check-in the Studio verifies each minor's age eligibility, that the accompanying adult is enrolled in the same workshop, that the required agreements are complete, and that the adult will remain and work alongside the minor. The Host must cooperate with that check and must not begin instruction for a participant who has not cleared it.

The Host must not admit, instruct, or allow into the work area any person who has not purchased admission through the Studio's checkout and completed the applicable agreement.

11Ticketing, the event page and pricing

All participant payments are taken through The Clay Hole's checkout. The Studio builds the event page from the content the Host supplies, and the Host approves it before ticket sales open.

The event page states the workshop title and the concrete outcome for a participant; the Host's name, short biography, relevant experience and support contact; a real project image or an image clearly labelled as an illustration; all dates and local times, the participant departure deadline, and whether a ticket covers one session or the entire course; the price, the supplies included, anything attendees must bring, and the skill level; the minimum age of 10, the enrolled-parent requirement for every participant under 18, any approved additional requirement, and the capacity counting adults and children alike; any agreed minimum enrollment and the date it will be decided; the approved entrance, arrival instructions, cleanup expectations and activity restrictions; the cancellation and rescheduling terms and, for a course sold on one ticket, the allocation of the price across sessions; and accessibility and contact information based on arrangements actually confirmed.

Where the Host wants a minimum enrollment and a date by which the decision will be made, it must be agreed and written onto the event page before ticket sales open. There is no default minimum enrollment.

Where a course is sold as a single ticket, the allocation of the purchase price across the individual sessions must be recorded in the approved event details before ticket sales open, so that a partial cancellation can be refunded consistently.

Capacity and inventory are set per event and are separate from the rental and deposit products. The Host must not sell, promise or accept more places than the approved capacity.

The Host proposes the ticket price. The Studio may decline to publish an event page that misstates what is included, the ages permitted, the duration, or any other material term.

The Host must not make, publish or imply any earnings, enrollment, outcome or result promise to participants, and must not describe the workshop in a way the approved activity does not support.

12Optional promotion and attribution

Promotion by the Studio is optional. It begins only after the reservation and the required payments are complete and the campaign has been agreed with the Host. It is paid out of ticket revenue rather than in advance.

Where the Host elects it in the Booking Schedule:

• ✓ Member and email promotion: a distinct campaign code gives $5 off each eligible ticket. The Clay Hole receives 40% of the discounted ticket price for tickets attributed to that campaign.
• ✓ Social promotion: a different campaign code gives $5 off each eligible ticket. The Clay Hole receives 50% of the discounted ticket price for tickets attributed to that campaign.

Both commissions are calculated before the separate 2.7% payment processing deduction in Section 13. The processing deduction is calculated on the discounted ticket price. The two percentages are not applied in sequence to one another and are not compounded.

A ticket can incur one promotion commission or none. It can never incur both, and a participant who encountered both campaigns is not charged, nor is the Host debited, twice.

By way of illustration, on a $75 ticket with a $5 promotion code the customer pays $70. Under the member and email campaign the commission is $28.00, processing is $1.89, and the Host's ticket proceeds are $40.11. Under the social campaign the commission is $35.00, processing is $1.89, and the Host's ticket proceeds are $33.11. These figures are before rental, supplies and the Host's other expenses.

Each event uses its own unique member-and-email and social campaign codes. The $5 discount is configured per eligible ticket, not once per multi-ticket order, and is configured so that it cannot stack unintentionally with another discount.

The source attribution, the applied discount and the applicable commission rule are recorded against the paid order or line item. The qualifying campaign code is the accounting basis for the commission. Analytics links may be used to measure activity, but a browser-only tracking value is not a payout record.

A discount code the Host creates and owns remains distinguishable from a Studio campaign code and does not generate a Studio commission. The Host must not distribute a Studio campaign code in a way that circumvents the attribution rules, and must not represent a Studio campaign as the Host's own.

Commission on a refunded ticket is reversed. The Studio does not retain commission on refunded revenue.

Campaign placement and timing are agreed with the Host. The Studio makes no promise of any number of posts, emails, impressions, local prospects, enrollments or bookings, and makes no representation as to audience size or reach. The Host acknowledges that no such promise has been made or relied upon.

There is no review bonus. Neither party may offer a participant any reward, discount, refund or other benefit in exchange for a review, a minimum star rating, or a review at all, and neither party may solicit reviews selectively from participants believed to be satisfied. Honest reviews may be invited from all participants without any reward.

13Payment processing, settlement and payouts

A payment processing deduction of 2.7% is taken on ticket receipts, calculated on the discounted ticket price, after any promotion commission and never compounded with it.

The Studio initiates the Host's final payout and the security deposit refund within five business days after the Host's last session. Initiation of a payout is distinct from the time a bank or card network takes to post it, which the Studio does not control.

Each payout is accompanied by a settlement statement showing ticket receipts, discounts applied, promotion commissions, the 2.7% processing deduction, refunds, any advance issued under Section 14, any offset the Host has authorized or that is otherwise permitted under this Agreement, and the security deposit reconciled separately from the rest.

Unsold places are never payable proceeds.

The Studio may apply against a payout only those amounts the Host owes under this Agreement and that have been itemized to the Host. Where an amount is genuinely in dispute, the Studio withholds only the amount reasonably in dispute and releases the remainder on the normal schedule.

The Host is responsible for providing accurate payment details and any tax documentation the Studio reasonably requires before a payout can be issued.

14Advances for returning hosts

A first-time Host receives ticket proceeds after the workshop, within the settlement window in Section 13. No advance is available for a first booking.

A returning Host may be approved, at the Studio's discretion and case by case, for an advance of no more than 50% of eligible net ticket proceeds collected as at the advance snapshot date. An advance is issued no earlier than ten days before the first session.

An advance is not automatic, is not a right of any returning Host, and may be declined without reason.

The final settlement includes the remaining balance and all later eligible ticket proceeds, less the advance already issued.

Where a session is cancelled or tickets are refunded after an advance has been issued, the Host repays the corresponding amount. The Studio may recover it by offset against the remaining settlement and the security deposit, and the Host remains responsible for any balance that exceeds both.

15Security deposit, room condition and damage

The Host pays a refundable security deposit in the amount stated in the Booking Schedule. The amount is one of $150, $250, $350, $500 or $800 and is set by the general manager according to the approved activity and the property at risk. It is not selected by the Host, and the Host may not substitute a lower amount.

The Booking Schedule states whether the deposit covers the entire approved booking or an individual date. The deposit is not multiplied across dates unless the Booking Schedule says so.

The deposit is fully refundable where the Space is returned in the condition in which it was received and the other conditions of this Agreement have been met. It is held separately from rental charges, ticket proceeds and any payout, and no routine processing charge is deducted from it.

The Studio documents the condition of the Space before the Host begins, including any preexisting condition, and the Host is entitled to review that record. A preexisting condition recorded at that point is not charged to the Host.

Any deduction is itemized against the documented condition and applied once. It is applied against the deposit first. Any amount beyond the deposit is handled under this Agreement and the final settlement. The Host remains responsible for loss or damage exceeding the deposit. The same loss is not recovered twice, whether from the Host, a participant, or any other person.

Where an amount is genuinely in dispute, the Studio withholds only the amount reasonably in dispute and does not freeze undisputed funds.

Work mats must be returned clean and undamaged. They will accommodate appropriate cutting and ordinary workshop mess. They must be protected from heat, glue and permanent residues. The Host may remove the mats, in which case the wooden tabletops must be protected with approved protection. Floors must be protected as the approved activity requires.

The Studio will not charge the Host for ordinary wear and tear from proper use of the items included in the booking.

16Cleaning and checkout

The Host completes the following before the approved final checkout time:

• ✓ Tables, mats and approved equipment cleaned.
• ✓ Workshop waste and leftover materials removed through the approved disposal process.
• ✓ Buckets rinsed and returned.
• ✓ Floors swept and mopped as the approved activity requires.
• ✓ Shards, slivers and fragments removed from all surfaces using the approved method and suitable equipment. The Host must confirm with the Studio what that requires before the date of the workshop.
• ✓ Equipment and tables returned to their original locations and the original layout restored.
• ✓ All supplies, materials and projects removed, unless written storage has been approved.
• ✓ Staff checkout completed.

The standard is the Space returned in the condition in which it was received, measured against the condition documented at the start under Section 15.

Failure to meet the room restoration requirement ends the Host's eligibility for future bookings. The Studio applies that consistently and will tell the Host plainly where it has been applied.

Participants are separately responsible under their own agreement for cleaning the areas and items they personally used. That does not reduce the Host's responsibility for the complete reset of the Space, and any charge raised against a participant must relate to that participant's own obligations and must not duplicate recovery of the same cost from the Host.

17Cancellation, rescheduling and refunds

17.1 Where the Host cancels or enrollment is insufficient

Rental fees are not refundable where the Host cancels, or where enrollment is insufficient, subject only to the rescheduling option in Section 17.2.

The security deposit is not a cancellation penalty. It remains subject to the reconciliation in Section 15 and is refunded accordingly.

17.2 Rescheduling

The Host may change the date once, on at least 14 days' notice, subject to availability. The Host pays any higher rental rate applicable to the replacement block. Attendees who cannot attend the replacement date are refunded in full for the affected session.

For a multi-session course, all affected dates and refund arrangements are confirmed before the change is implemented. There is no self-service rescheduling.

17.3 Participant refunds

Guest tickets are not refundable for attendee cancellations or no-shows, except for cancelled sessions and the rescheduling exception in Section 17.2. That is disclosed to participants before purchase.

Where a session is cancelled, participants are refunded everything they paid for that session, including applicable taxes and mandatory charges. Promotion commissions on refunded tickets are reversed.

For a course sold as one ticket, refunds follow the allocation of the purchase price across sessions recorded in the approved event details under Section 11.

A participant is never charged the Host's rental cancellation consequence, the Host's late checkout fee, or a non-returned merchant processing cost, as part of a refund the Studio owes that participant.

17.4 Where the Studio cannot provide the venue

Where the Studio cannot provide the Space, the Studio refunds the Host's unused rental fees and the remaining refundable deposit, and refunds the affected participant payments.

17.5 Processing costs on a cancellation

Actual ticket processing costs that the payment processor does not return are borne by the party that cancelled. The Studio does not mark up such a cost and does not assume that all original processing fees are returned.

18Communications with participants

The Host is the primary contact for the workshop itself: participant questions, preparation instructions, what to bring, reminders, schedule changes and follow-up. The event page identifies the Host and the Host's support contact.

The Studio sends participants their purchase receipts and the platform messages their purchase requires, and may contact participants directly where payments, refunds, safety or venue operations require it.

A participant's purchase does not add that participant to any marketing list. The Host may not add a participant to the Host's own marketing list without that participant's own consent obtained independently of the purchase, and may not use the participant roster for any purpose other than delivering the booked workshop.

The Host must not make a commitment to a participant that this Agreement or the approved event terms do not support, including about refunds, dates, access, equipment or outcomes.

19Media, names and intellectual property

The Host retains ownership of the Host's own workshop content, patterns, designs, instructional materials and project designs. Nothing in this Agreement transfers them to the Studio.

The Host grants the Studio a non-exclusive, royalty-free licence to use the Host's name, likeness, biography, workshop description and the images the Host supplies, for the purpose of listing, promoting and recording the booked workshop, during the booking and afterwards as an archive of events that have taken place.

The Studio may photograph, record or livestream general studio activity under its own media terms. A participant's media permission runs to the Studio under the participant agreement and does not automatically give the Host permission to use that participant's image in the Host's own marketing. The Host must obtain any permission the Host needs directly and separately.

The Host must honor a participant's recorded media opt-out, and the Studio will tell the Host which participants have one in place for a session.

The Host may not use The Clay Hole's name, logo or marks except to identify the venue of the booked workshop accurately, and may not imply sponsorship, partnership, endorsement or employment.

20Conduct, suspension and removal

The Host, Host Personnel and participants are subject to the Studio's rules, posted signs, safety instructions and staff directions while on the premises.

The Studio may require a disruptive, intoxicated, unruly, unsafe or excessively loud person to leave, including a participant, a member of Host Personnel, or the Host.

The Studio may suspend or terminate a booking immediately, without refund of rental, where the Host materially breaches this Agreement, including by conducting a prohibited activity, by selling admission outside the Studio's checkout, by misdescribing the activity in order to obtain approval, by failing to supervise participants, or by conduct the Studio reasonably determines to be unsafe or harmful to the Studio, its members, its staff or its participants.

Termination for cause does not affect participants' refund rights under Section 17.3, which the Studio honors regardless.

21Insurance

The Studio maintains the liability insurance it considers appropriate for its premises and for its guests and clients. Section 2.1 of this Agreement records that workshop participants are the Studio's guests and clients, and the Studio relies on that in placing and maintaining that coverage.

The Studio's insurance does not cover, and the Host should not assume it covers, the Host's own property, the Host's own tools, supplies or materials, the Host's loss of income, or the Host's own liability for the Host's acts and omissions.

Whether this booking requires the Host to carry the Host's own liability insurance is stated in the Booking Schedule. Where it is required, the Host must provide a certificate of insurance before the first session, in at least the amount stated there, naming Dan Pearce Creative LLC dba The Clay Hole as an additional insured, and must keep it in force for the duration of the booking.

Where the Booking Schedule does not require it, the Host is not obliged to carry the Host's own policy for this booking, and the Host acknowledges that the Host does so at the Host's own discretion and for the Host's own protection.

The Host must notify the Studio promptly of any injury, incident, accident, property damage or near miss involving the workshop, and must cooperate with any resulting investigation or claim, including by providing a factual account and the participant information the Studio reasonably requires.

22Indemnification and limitation of liability

To the fullest extent permitted by law, the Host agrees to indemnify, defend and hold harmless Dan Pearce Creative LLC, The Clay Hole, Dan Pearce, and their owners, members, managers, employees, contractors, instructors, volunteers, agents, representatives, affiliates, landlords, property owners, insurers, successors and assigns, from and against claims, demands, damages, losses, liabilities, injuries, actions, causes of action, costs and expenses, including reasonable attorney fees, arising out of or related to:

• ✓ The Host's acts or omissions, and those of Host Personnel.
• ✓ The Host's breach of this Agreement or of the Studio's rules.
• ✓ The content, conduct or delivery of the Host's instruction.
• ✓ The Host's materials, tools, supplies or equipment, including any defect in them.
• ✓ Any claim that the Host's project, pattern, design, image or instructional material infringes the rights of a third party.
• ✓ The Host's failure to supervise participants as required by this Agreement.
• ✓ Damage caused by the Host or Host Personnel to the Studio's property, to another person's property, or to another person.
• ✓ Any representation the Host makes to a participant that this Agreement or the approved event terms do not support.

These obligations apply only to the fullest extent permitted by law and do not require the Host to indemnify a Released Party for that party's own negligent or wrongful conduct where such indemnification is prohibited by law.

To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, consequential, special, exemplary, punitive, emotional distress, lost profit or lost opportunity damages arising out of or related to this Agreement.

To the fullest extent permitted by law, the Studio's total liability to the Host under this Agreement is limited to the total amount the Host paid the Studio for the booking giving rise to the claim, plus any ticket proceeds properly owed to the Host and not yet paid. This limitation does not reduce a refund or payout expressly owed under Sections 13, 14, 15 or 17, and does not apply where a limitation is prohibited by law.

23Compliance, taxes and the Host's own obligations

The Host is responsible for the Host's own business registration, licences, permits, certifications and tax obligations, including income tax and any sales or use tax on supplies the Host purchases.

The Studio is the merchant of record for ticket sales and is responsible for the collection and remittance of sales tax on those sales to the extent the law requires it. The tax treatment of the rental and the security deposit is as the Studio's own records and tax advice determine, and the Studio will state on the Booking Schedule whether any tax applies to those charges.

Amounts the Studio pays the Host under this Agreement are payments to an independent contractor. The Studio does not withhold tax from them and may be required to report them. The Host will provide the tax information the Studio reasonably requires.

The Host will comply with applicable law in delivering the workshop, including any law governing the materials the Host brings onto the premises and their disposal.

24Participant data and confidentiality

The Studio provides the Host with the participant roster and the contact information the Host needs to deliver the booked workshop.

The Host will use that information only to deliver the booked workshop, will keep it confidential, will not sell, share or transfer it, and will not retain it beyond what delivering and following up on the workshop requires. Section 18 governs marketing.

Where a participant is a minor, the Host will collect and hold no more information about that minor than delivering the workshop requires, and will not publish or disclose a minor's personal details.

Each party will keep the commercial terms of this Agreement confidential, except where disclosure is required by law, by a professional adviser, or by an insurer.

25Property left behind

The Host removes all supplies, materials, tools, equipment and projects at the end of each session unless written storage has been approved for the booking. No storage between sessions is included.

Where the Host leaves property at the Studio after the final session, the Studio will give the Host notice at the contact details on the Booking Schedule. The Host must collect the property within 14 days after that notice.

Property not collected within that period may be treated as abandoned and may be discarded, donated, recycled, used for educational purposes, or otherwise disposed of, to the extent permitted by law. Any notice or handling requirement imposed by law still applies. The Studio is not responsible for property left at the premises and the Host is responsible for any cost of removing or storing it.

26Term, termination and future bookings

This Agreement applies to the booking described in the Booking Schedule and continues until the final settlement and deposit reconciliation for that booking are complete. Sections that by their nature survive, including Sections 2, 19, 22, 23, 24, 27 and 28, survive its end.

A future booking requires a new Booking Schedule. Where the parties agree a further booking, this Agreement's terms apply to it unless the parties agree otherwise in writing.

Neither party is obliged to enter into any further booking. The Studio may decline a future booking for any lawful reason, including the room restoration standard in Section 16.

27Dispute resolution, mediation and arbitration

The parties will make a good faith effort to resolve any dispute informally before filing any legal action.

Where a dispute cannot be resolved informally, the parties will first attempt mediation in Salt Lake County, Utah, unless another location is mutually agreed in writing. The parties will share mediation costs equally unless otherwise required by law or agreed in writing.

Where mediation does not resolve the dispute, any remaining claim, dispute or controversy arising out of or related to this Agreement will be resolved by binding arbitration in Utah, unless prohibited by law. The arbitration will be administered by a mutually agreed arbitrator or arbitration organization, and if the parties cannot agree, either party may ask a court of competent jurisdiction to appoint an arbitrator. The arbitrator may award any relief available under applicable law, subject to this Agreement, and judgment on the award may be entered in any court with jurisdiction.

Nothing in this Section prevents either party from seeking immediate injunctive or protective relief, collection of undisputed amounts, removal of trespassers, or protection of confidential information from a court.

To the fullest extent permitted by law, disputes must be brought only on an individual basis and not as a class, collective, representative or private attorney general action.

The parties understand that binding arbitration generally replaces a court trial before a judge or jury for covered disputes. Nothing in this Section eliminates a procedure or remedy that applicable law makes nonwaivable, or prevents a legally protected report to a government agency.

28Governing law and venue

This Agreement is governed by the laws of the State of Utah, without regard to conflict of law principles.

Subject to Section 27, any court proceeding arising out of or related to this Agreement will be brought exclusively in the state or federal courts located in Utah, and each party consents to personal jurisdiction and venue there.

29Notices

Notices under this Agreement may be given by email to the addresses on the Booking Schedule, or by text message to the numbers on it for operational and scheduling matters. A notice sent to the address or number a party has provided is treated as received, and each party is responsible for keeping its contact details current.

A cancellation, a rescheduling request, a claim against the security deposit, and a notice of termination must be given in writing by email.

30Entire agreement, amendment and general terms

This Agreement, together with the Booking Schedule, the approved event terms and the Studio's posted rules and policies, is the entire agreement between the parties concerning the booking, and supersedes prior oral or written statements, discussions, representations or agreements on that subject.

This Agreement does not create a membership, does not authorize any recurring charge, and does not amend any separate membership agreement the Host may hold with the Studio in another capacity.

Where this Agreement conflicts with a general Studio communication, this Agreement controls, unless the Studio expressly states in writing that the other communication overrides it. Where this Agreement conflicts with the Booking Schedule on the particulars of the booking, the Booking Schedule controls.

A material change to this Agreement requires a written or electronic amendment accepted by both parties. The Studio may update its operating rules, safety requirements and procedures, which apply immediately for safety and otherwise on notice, and which do not retroactively change an agreed rate, an agreed refund, or this Agreement's dispute resolution terms.

Neither party may assign this Agreement without the other's written consent. The Host may not subcontract the delivery of the workshop or transfer the booking to another person.

A party's failure to enforce a provision does not waive the right to enforce it later. An exception, courtesy, delay or accommodation does not create a right to future exceptions.

If any provision is found to be invalid, unlawful or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions remain in full force and effect.

This Agreement may be signed electronically, and the parties consent to receiving this Agreement and related records electronically for this transaction. Checking a clearly labelled acceptance box, clicking an acceptance button, typing a name, or submitting a signature through the designated process with intent to sign has the same legal effect as a handwritten signature to the extent applicable law provides.

31Host acknowledgments

By signing or electronically accepting this Agreement, the Host acknowledges and agrees that:

• ✓ The Host has read and understands this Agreement and has had the opportunity to ask questions and to seek independent advice before accepting.
• ✓ Every workshop participant is a guest and client of The Clay Hole, as set out in Section 2, and the Host will not sell admission outside the Studio's checkout or act inconsistently with that status.
• ✓ The Host is an independent contractor and is not an employee, agent or partner of the Studio.
• ✓ This Agreement is a licence to use a designated area within an operating studio, and is not a lease and not a rental of the whole premises.
• ✓ Rental fees are not refundable where the Host cancels or enrollment is insufficient, subject only to the single rescheduling option.
• ✓ The security deposit is refundable on the stated conditions and is reconciled separately from everything else.
• ✓ Promotion is optional, and where elected it costs 40% or 50% of the discounted ticket, taken before the 2.7% processing deduction and never compounded with it.
• ✓ The Studio has made no promise of enrollment, earnings, reach, audience size or any other result, and the Host has not relied on any such promise.
• ✓ Workshop participants must be age 10 or older, and every participant under 18 requires a parent or legal guardian enrolled in the same workshop and working alongside them throughout.
• ✓ The Host is responsible for complete cleanup and for returning the Space in the condition it was received, and failing that standard ends eligibility for future bookings.
• ✓ This Agreement contains indemnity, limitation of liability, mediation and binding arbitration provisions.