Terms & conditions

For membership to the TextileArtist.org Stitch Club. Please read this page carefully. By subscribing to this membership you (herein referred to as ‘Client’) agree to the following terms.

Service

Pitcher and Pitcher Ltd. (herein referred to as ‘Pitcher and Pitcher Ltd.’ or ‘company’) agrees to provide membership to The TextileArtist.org Stitch Club (herein referred to as ‘membership’). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their membership.

Disclaimer

Client understands that Joseph Pitcher and Samuel Pitcher (herein referred to as ‘membership providers’) and Pitcher and Pitcher Ltd., have not promised, shall not be obligated to and will not: (1) procure or attempt to procure employment or business or sales for client; (2) Perform any business management functions including, but not limited to, accounting, tax or investment consulting, or advice regarding thereto; (3) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy; (4) act as a public relations manager; (5) act as a publicist or procure any publicity, interviews, write-ups, features, television, print or digital media exposure for client; (6) introduce client to membership provider’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after membership is terminated by either party.

Fees

The fees for membership will be paid as follows: 1 x payment of $33 US upon registration, followed by monthly direct debit payments of $33 US every month until membership is cancelled by either party. Membership can be cancelled by either party at any time.

Methods of payment

By joining the TextileArtist.org Stitch Club, client authorises the company to charge the client's credit card, debit card or Paypal account on a monthly basis.

Confidentiality

The company respects the client’s privacy and insists that client respects the company’s and fellow Stitch Club members (herein referred to as ‘participants’). Thus, consider this a mutual non-disclosure agreement. Any confidential information shared by participants or any representative of the company is confidential, proprietary, and belongs solely and exclusively to the participant who discloses it. Parties agree not to disclose, reveal or make use of any confidential information or any transactions shared, during discussions, via email, in the private members area or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other participants during the membership.

Confidential information includes, but is not limited to, information disclosed in connection with this agreement, and shall not include information rightfully obtained from a third party. Both parties will keep confidential information in strictest confidence and shall use the best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the company’s publicity or privacy rights.

Furthermore client will NOT reveal any information to a third party obtained in connection with this agreement or company’s direct or indirect dealings with client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses.

Additionally, membership providers will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by subscribing to this membership you agree that if you violate or display any likelihood of violating this session the company and/or the other participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

No transfer of intellectual property

The original materials included in membership will be provided to client and are for client’s individual use only and a single-user license. Client is not authorised to use any of company’s intellectual property for client’s business purposes. All intellectual property, including membership materials, shall remain the sole property of Pitcher and Pitcher Ltd. No license to sell or distribute company’s materials is granted or implied. By subscribing to this membership, client agrees (1) that any confidential information shared by the company is confidential and proprietary, and belongs solely and exclusively to the company, (2) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the company. Further, by subscribing to this membership, client agrees that if client violates, or displays any likelihood of violating, any of client’s agreements contained in this paragraph, the company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Client responsibility

The membership materials are developed for strictly educational purposes ONLY. Client accepts and agrees that client is 100% responsible for their progress and results from the membership. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the membership and extent, the results experienced by each client may significantly vary. Membership education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any membership materials.

Independent contractor status

Nothing in this agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

Access

Client will have access to the Stitch Club private members area from the date they are given access to the members area. The access will be ongoing until such time as either party cancels membership, at which point access will no longer be granted to the client.

New members will have access to all workshops posted in the members area within a twelve-month period prior to their joining date, as well as all new workshops posted during their membership.

Workshop videos are not downloadable. When client chooses to end their membership they do not retain access to any workshop videos hosted within the members area. Workshop PDFs are downloadable and can be kept by client once their membership expires.

Termination

Company is committed to providing all clients in the membership with a positive experience. By subscribing to this membership, client agrees that the company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate client’s membership without refund if client becomes disruptive to company or participants, client fails to follow the membership guidelines, is difficult to work with, impairs the participation of the other participants in the course or upon violation of the terms as determined by company.

Resolution of disputes

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this agreement will be submitted to an independent third-party arbitrator. All claims against company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgement of law or a decree in equity, as circumstances may indicate.