Terms of service

These Terms of Service ("Terms") are an agreement between Hammer & Stain Tampa LLC ("Hammer & Stain Tampa," "we," "us," or "our") and the person or organization accessing our website, placing an order, registering for an event, or purchasing or using our services ("Customer," "you," or "your"). By using the Services, you agree to these Terms.

1. Scope and order of documents

These Terms apply to hammerandstaintampa.com, DIY project kits, workshops, private events, corporate programs, and related products and services (the "Services"). A separate signed agreement, statement of work, quote, purchase order accepted by us, or data-processing addendum may contain additional terms. If there is a conflict, the separately signed agreement controls for that engagement, followed by the accepted statement of work or quote, and then these Terms.

2. Eligibility and authority

You must be at least 18 years old and able to enter a binding agreement to purchase the Services. If you act for a company or other organization, you represent that you are authorized to bind that organization.

3. Orders, pricing, and payment

Orders are subject to availability and our acceptance. A website confirmation acknowledges receipt but does not require us to fulfill an order affected by an obvious pricing error, suspected fraud, unavailable materials, or circumstances outside our reasonable control.

Prices, taxes, shipping charges, deposits, payment timing, and any minimum quantities are shown at checkout or in the applicable quote or agreement. Unless otherwise stated in writing, payment is due when the order or reservation is placed.

Many projects are customized or prepared for a specific participant. Once preparation, personalization, procurement, or production begins, the order may be noncancelable and nonrefundable except as required by law or expressly stated in our Refund Policy or a written corporate agreement.

Because natural, handmade, wood, glass, resin, paint, and craft materials vary, colors, dimensions, grain, texture, and finished appearance may differ slightly from samples or photographs. We may make reasonably comparable substitutions when a material becomes unavailable.

4. Corporate programs and recipient data

For corporate programs, the parties will cooperate on project selection, recipient counts, addresses, deadlines, and delivery requirements. The corporate client represents that it has the right to provide recipient information and instructions to us. We will use employee and recipient information as described in our Privacy Statement and the applicable corporate agreement. The client should transmit recipient lists using a method mutually agreed for the engagement and should not provide sensitive information that is unnecessary for fulfillment.

5. Shipping and delivery

You are responsible for providing complete and accurate recipient names, addresses, unit numbers, and delivery instructions by the stated deadline. Address corrections, reshipments, returned packages, or carrier surcharges caused by inaccurate or late information may result in additional charges.

Delivery dates are estimates unless we expressly agree in writing to a guaranteed date. Carrier delays, weather, natural disasters, supply interruptions, and other events outside our reasonable control may affect delivery.

Please inspect deliveries promptly and notify us of missing, damaged, or materially incorrect items within seven days after delivery, including photographs when reasonably requested. We will determine an appropriate remedy, which may include replacement materials, repair guidance, credit, or refund for the affected item.

Risk of loss passes upon delivery to the stated address, except to the extent otherwise required by law or agreed in writing.

6. Workshops, events, and participation

Workshop and event dates, locations, minimum attendance, deposits, cancellation terms, venue requirements, and travel charges may be set out on the registration page, quote, or event agreement. Participants must follow instructor and venue safety directions. We may refuse or end participation that is unsafe, disruptive, unlawful, or materially interferes with the event, without a refund when appropriate.

If a participant cannot attend, any transfer, rescheduling, project pickup, or take-home option is subject to the applicable event policy and material-preparation status. We may reschedule or cancel an event because of severe weather, illness, venue closure, insufficient enrollment, or circumstances outside our reasonable control; our responsibility will be limited to the remedy stated in the event notice or agreement.

7. DIY kit and craft safety

DIY projects may include small parts, glass or ceramic pieces, unfinished wood, paints, stains, adhesives, resin products, tools, hardware, or other materials that can present choking, cutting, irritation, allergic-reaction, ventilation, or other risks if misused. Review all labels and instructions, use appropriate protective equipment and ventilation, keep materials away from food and children or pets, and provide responsible adult supervision. Kits are not toys unless expressly identified as such. Do not use a product if it appears damaged or unsafe; contact us for assistance.

8. Intellectual property and permitted use

Our website, photographs, videos, instructions, project designs, templates, graphics, text, branding, and workshop materials are owned by or licensed to us and are protected by intellectual-property laws. Subject to payment and compliance with these Terms, we grant the purchaser and intended participants a limited, nonexclusive, nontransferable license to use purchased instructions and materials for personal use or the internal corporate activity for which they were supplied. You may not copy, sell, publish, distribute, teach commercially from, manufacture from, or create competing products from our protected materials without written permission. Hammer & Stain names and logos may not be used without authorization.

9. Acceptable use

You may not misuse the Services, interfere with website security, attempt unauthorized access, introduce malicious code, scrape or copy content at scale, impersonate another person, violate law, infringe rights, or use the Services for fraudulent or harmful purposes.

10. Third-party services and links

The Services may include links to, integrations with, or services provided by independent third parties, such as payment processors, shipping carriers, social-media platforms, event venues, mapping services, or other websites. Those third parties operate under their own terms and privacy practices. We are not responsible for independently operated third-party websites, content, products, services, availability, security, or practices. Your use of a third-party service is at your discretion and may be subject to a separate agreement with that provider. This provision does not limit our obligations concerning service providers that process personal information on our behalf under our Privacy Statement or an applicable corporate agreement.

11. Customer content, reviews, and photographs

You retain ownership of reviews, testimonials, photographs, videos, project images, contest entries, suggestions, and other content you submit ("Customer Content"). If you voluntarily submit Customer Content expressly for publication, tag or mention Hammer & Stain Tampa in a public post intended for sharing, or separately authorize our use, you grant us a nonexclusive, worldwide, royalty-free license to reproduce, display, adapt for formatting, and share that Customer Content for our website, social media, portfolio, advertising, and business promotion. You may withdraw permission for future use by contacting us, although withdrawal will not require us to recall materials already printed or distributed.

You represent that you own or have permission to submit the Customer Content and that our authorized use will not violate another person's intellectual-property, privacy, publicity, or other rights. Identifiable images of a minor must be submitted or authorized by the minor's parent or legal guardian. Merely possessing a private project photograph, receiving an event photograph, or hosting an event does not by itself give us permission to use an identifiable person's image for marketing; we will rely on an applicable event release, direct authorization, or another lawful basis before doing so.

12. Privacy and confidentiality

Our Privacy Statement explains our general information practices and is incorporated into these Terms. Each party will protect the other party’s nonpublic business information using reasonable care and will use it only for the engagement, except for information that is public through no breach, already lawfully known, independently developed, rightfully received from another source, or required to be disclosed by law. A separate confidentiality or data-processing agreement controls if applicable.

13. Disclaimers

Except for any express written warranty we provide and to the maximum extent permitted by law, the Services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. We do not guarantee that every participant will achieve the same artistic result, that website access will be uninterrupted, or that estimated delivery dates will always be met. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable under these Terms for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenues, goodwill, or data, arising from the Services, even if advised of the possibility. Our total aggregate liability arising from a particular order, event, or corporate engagement will not exceed the fees paid or payable to us for that order, event, or engagement during the twelve months before the event giving rise to the claim. These limitations do not apply to fraud, willful misconduct, a party’s confidentiality or data-protection obligations, infringement or misuse of intellectual property, payment obligations, or liability that cannot be limited by law.

15. Indemnification

To the extent permitted by law, you will indemnify and hold harmless Hammer & Stain Tampa LLC and its owners, employees, instructors, and agents from third-party claims, damages, judgments, and reasonable costs, including reasonable attorneys' fees, to the extent caused by your material breach of these Terms; your unlawful, fraudulent, or unauthorized use of the Services or DIY materials; your infringement or misuse of another person's intellectual-property, privacy, or other rights; or personal information you provide without authorization or with material inaccuracies. This obligation does not apply to the extent a claim is caused by our negligence, willful misconduct, breach of these Terms, or violation of law. A separately signed corporate agreement controls if it contains different indemnification terms.

16. Events outside reasonable control

Neither party is responsible for delay or failure caused by events outside its reasonable control, including severe weather, natural disaster, fire, epidemic, labor or transportation disruption, carrier failure, utility or internet outage, governmental action, venue closure, or supply shortage. The affected party will use reasonable efforts to reduce the impact and resume performance.

17. Suspension and termination

We may refuse service, suspend website access, end participation, cancel an order, or terminate these Terms when reasonably necessary because of a material violation of these Terms, suspected fraud, unlawful conduct, harassment, unsafe behavior, misuse of our intellectual property, a threat to the security or operation of the Services, or failure to pay amounts when due. When practical, we will provide notice and an opportunity to address the issue. Any refund or credit will be determined under applicable law, the Refund Policy, the stage of customization or preparation, and any applicable corporate or event agreement.

You may stop using the website at any time, but cancellation of an accepted order, workshop, event, or corporate program remains subject to the applicable cancellation terms. Provisions that by their nature should continue after termination—including payment obligations, confidentiality, privacy and data-protection duties, intellectual-property protections, disclaimers, liability limitations, indemnification, dispute terms, and accrued rights—will survive.

18. Changes to services or terms

We may update these Terms by posting a revised version and changing the effective date. Changes apply prospectively and will not alter a signed corporate agreement or accepted order without the parties’ agreement. We may modify or discontinue website features or product offerings, subject to obligations for accepted orders.

19. Governing law and disputes

Florida law governs these Terms, without regard to conflict-of-law rules. Before filing a claim, the parties will attempt in good faith for at least 30 days to resolve the dispute through written notice and business discussions. Unless a signed corporate agreement states otherwise, the state and federal courts serving Hillsborough County, Florida will have exclusive jurisdiction, and each party consents to venue there. Either party may seek urgent injunctive relief when necessary to protect confidential information, personal data, or intellectual-property rights.

20. General terms

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. A waiver must be in writing and is not a continuing waiver. You may not assign these Terms without our written consent, except in connection with a merger or sale of substantially all relevant assets; we may assign them to a successor. These Terms and the incorporated documents are the entire agreement concerning their subject matter. Electronic records, signatures, and notices are valid to the extent permitted by law.

21. Contact

Questions or legal notices may be sent to Hammer & Stain Tampa LLC at info@hammerandstaintampa.com, 813-766-7468, or through https://www.hammerandstaintampa.com/. Notices concerning a corporate agreement should also be sent to the contact identified in that agreement.