1. AGREEMENT TO TERMS
By accessing or using LocalArtist ("we," "us," "our"), operated by Thought Continua LLC, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using this site.
2. DESCRIPTION OF SERVICE
LocalArtist is a marketplace platform connecting art students with local artists and studios for in-person art education. We facilitate bookings for group classes and private one-on-one sessions. We process payments on behalf of artists and studios through our payment processor, Stripe.
3. USER ACCOUNTS
3.1 Account Types
Users may register as Students, Artists, or Studios. By creating an account, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.
3.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use.
3.3 Artist and Studio Approval
Artist and Studio accounts require approval by LocalArtist before they can create listings and accept bookings. We reserve the right to deny or revoke approval at our discretion.
4. BOOKINGS AND PAYMENTS
4.1 Booking Process
Students can book group classes (experiences) or private sessions through our platform. All bookings require payment in advance through our payment processor, Stripe.
4.2 Payment Processing
All payments are processed by Stripe. LocalArtist takes a platform fee, and artists/studios are responsible for Stripe's standard payment processing fees (~2.9% + $0.30 per transaction). The platform fee is calculated on the gross transaction amount before Stripe fees are deducted. By using our service, you agree to Stripe's Terms of Service.
4.3 Platform Fee Structure
Standard Rates:
- Default: 15% platform fee on all bookings
- Grandfathered (Early Adopters): The first 500 approved artists and first 100 approved studios receive a permanent 10% platform fee rate
- Top Performers: Artists and studios in the top 5% of revenue earners automatically receive a reduced 12% platform fee rate
Fee Calculation Example:
For a $100 booking with 15% platform fee: Student pays $100. Platform fee (15% of $100): $15. Stripe processing fee (~3%): $3.20. Artist/studio receives: $81.80.
Important Notes:
- Platform fees are non-refundable, even if a booking is cancelled and refunded
- Artists and studios are responsible for Stripe payment processing fees
- Grandfathered rates are permanent and will never increase
- Top performer status is reviewed and updated automatically based on total revenue
4.4 Artist and Studio Payouts
Artists and studios receive their portion of booking payments directly through Stripe Connect. Funds are typically available within 2-7 business days after a booking. LocalArtist is not responsible for payout timing or issues with Stripe accounts.
5. CANCELLATIONS AND REFUNDS
5.1 Student Cancellations
Students may cancel bookings up to 24 hours before the scheduled start time for a full refund of the amount paid to the artist/studio. Platform fees are non-refundable. Cancellations made less than 24 hours in advance are not eligible for refunds unless the artist/studio agrees.
5.2 Artist/Studio Cancellations
If an artist or studio cancels a booking, the student will receive a full refund including the platform fee. Artists and studios may be subject to penalties or account restrictions for excessive cancellations.
5.3 Refund Processing
Refunds are processed through Stripe and typically appear in the original payment method within 5-10 business days.
6. USER CONDUCT
6.1 Prohibited Activities
Users agree not to:
- Violate any local, state, or federal laws
- Infringe on intellectual property rights of others
- Harass, abuse, or harm other users
- Post false, misleading, or defamatory content
- Attempt to circumvent the platform to avoid fees
- Use the platform for illegal or unauthorized purposes
- Interfere with or disrupt the platform's functionality
6.2 Content Standards
All user-generated content (profiles, listings, reviews) must be accurate, appropriate, and comply with applicable laws. LocalArtist reserves the right to remove any content that violates these terms.
7. INTELLECTUAL PROPERTY
The LocalArtist platform, including its design, features, and content, is owned by Thought Continua LLC and protected by copyright, trademark, and other intellectual property laws. Users retain ownership of content they upload but grant LocalArtist a license to display and promote such content on the platform.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCALARTIST AND THOUGHT CONTINUA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
LocalArtist acts as a marketplace platform only. We do not employ artists or studios and are not responsible for the quality, safety, or legality of classes or sessions. All interactions between students and artists/studios are at the users' own risk.
Our total liability for any claims arising from your use of the service shall not exceed the amount you paid to LocalArtist in the twelve (12) months prior to the claim.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless LocalArtist, Thought Continua LLC, and our officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the platform, violation of these terms, or infringement of any third-party rights.
10. DISPUTE RESOLUTION
10.1 User Disputes
Disputes between students and artists/studios should first be resolved directly between the parties. LocalArtist may provide assistance but is not obligated to intervene.
10.2 Arbitration
Any disputes between you and LocalArtist shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except for disputes that may be brought in small claims court. You waive your right to participate in class action lawsuits.
10.3 Governing Law
These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
11. MODIFICATIONS TO TERMS
LocalArtist reserves the right to modify these Terms of Service at any time. We will notify users of significant changes via email or platform notification. Continued use of the platform after changes constitutes acceptance of the modified terms.
12. TERMINATION
LocalArtist may terminate or suspend your account at any time, with or without notice, for violations of these terms or for any other reason. Upon termination, your right to use the platform immediately ceases. You may close your account at any time through your account settings.
13. PRIVACY
Your use of LocalArtist is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
14. CONTACT INFORMATION
For questions about these Terms of Service, please contact us at:
Thought Continua LLC DBA LocalArtist
Email: contact@heylocalartist.com
15. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. ENTIRE AGREEMENT
These Terms of Service, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and LocalArtist regarding the use of our platform.