IN-PERSON WORKSHOP AGREEMENT
CANDICE SWANSON PHOTOGRAPHY
This Agreement is between Candice Swanson Photography (hereafter “Company”), and you the client (hereafter “Client”), for the purpose of participating in an in-person workshop on February 4th and 5th in Orange County CA. This Agreement shall become effective upon the date of the both Parties’ signatures below.
1. Scope of Workshop
The Workshop will take place on February 4th and 5th in Orange County CA from 9 am to 4 pm on both days. The Workshop includes lunch during the dates Client is in attendance. There will be no coaching or 1-on-1 communication before or after the Workshop dates.
The Workshop includes snacks, and lunch for each day. Client is responsible for all lodging and travel (car transport and airfare) to get to and from the Workshop.
2. Fees
In consideration for the workshop services provided by Company, Client agrees to pay $1,495 in total.
Client may either (1) pay the full fee; or (3) pay $500 equal installments. In the event Client elects a payment plan, the initial 50% payment of the total fee will be deemed a non-refundable, non-transferable retainer. In the event Client elects to pay the full fee, the full amount will be deemed a non-refundable, non-transferable retainer. If a payment plan is elected, the final payment is due 7 days before the start date of the Workshop. Client is not allowed into the Workshop on the dates indicated above unless the full fee is paid.
All additional travel, transportation, and lodging purchases are the responsibility of the Client.
3. Reservation Fee & Cancellation by Client
Client shall reserve a seat at the Workshop by signing this contract and paying the fee indicated in Section 2. No spot is reserved until the contract and fee are received. The full fee is non-refundable. In the event Client cancels this Agreement or is unable to attend the workshop for any reason whatsoever, no refund will be given. Client may only sell his/her Workshop ticket with the express consent of Company. Notice of Cancellation must be made in writing at least 30 days prior to the Workshop date and sent via email to Company. Without proper Notice of Cancellation, Client will be required to pay all additional fees due.
4. Duty of Company & Cancellation of Services
Company agrees to perform at the Workshop to the best of its abilities. Company reserves the right to change the Workshop schedule, sessions, speakers, food, and bonuses at any time. In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations for the Workshop under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
1. Immediately give notice to Client;
2. Issue a refund or credit to Client based on a reasonably accurate percentage of services rendered up to the point of cancellation; and
3. Excuse Client of any further performance and/or payment obligations under this Agreement.
5. Duty of Client at Workshop
Client hereby represents that Client will conduct herself/himself in a respectful, safe and prudent manner while participating in the Workshop and shall refrain from crude behavior. During Client’s participation in the Workshop, every participant will be treated with respect, regardless of their chosen philosophy and if Client agrees with their approach or not. Bullying is grounds for dismissal from the Workshop with no refund. Bullying is not allowed under any circumstances whether verbal, audio, video or in writing. Company retains the right to ask Client to leave the Workshop early if Client’s behavior is unacceptable, at the sole discretion of Company. Company reserves the right to cancel an activity or release a participant if it feels the participant’s conduct is inappropriate or disruptive, and Client agrees to release and hold Company harmless from any damages that may result.
6. Confidentiality
Client understands that that certain information of a confidential nature may be disclosed by the Company, presenters or other participants during the Workshop, to include personal information, tools, processes, strategies, materials, slides, and other business trade secrets. Further, all information and conversations held inside the Workshop group are confidential including anything related to another Workshop attendee’s business. Client understands and agrees that he/she must respect the privacy of the group members. Client will not intentionally disclose this confidential information to any third party or use the confidential information for his/her own benefit without specific approval by Company and/or the other attendees.
7. Disclaimer
Client agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.
8. Model Release
This contract serves as a model release giving Company the irrevocable right to use the photographs and video taken by Company at the Workshop in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Company can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Company. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the client, their legal representatives, heirs, and assigns.
9. Medical Treatment
Client is responsible for his/her own health and safety while attending the Workshop, and for seeking medical attention as necessary for any allergic reactions, illness or injury that he/she may experience while attending the Workshop. In an event where it becomes reasonably necessary for Client to receive medical treatment at either Client’s request or Company’s discretion during the Workshop, Client understands and accepts full responsibility for any and all medical expenses arising out of any treatment from such an incident. In the event that Client is unable to make medical decisions in an emergency, Client consents to the care of any reasonable physician or treatment center to administer treatment until Client’s Emergency Contact(s) can be reached and take over Client’s care decisions.
10. Assumption of Risk
Client understands and agrees that the Workshop includes lunch and snacks, and social activities. Any activity can involve an element of risk or injury. Client assumes the risk of any activity, and the risk of using any reasonable means of transportation to and from such activities, whether provided by Company or a third party. Company will make a reasonable attempt to accommodate any specific housing, dietary or other health requests, or let the Client know if such a request is not possible. If Company cannot provide for a specific request, or Client does not wish to assume any such risks, Client may take responsibility for providing his or her own food, accommodations, transportation or anything else that the Client needs or wants to participate in the Workshop.
11. Waiver of Liability
Client HEREBY RELEASES AND HOLDS HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following releases: the Company and its’ officers, directors, employees, contractors, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that the Client, the Client’s estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By initialing below, the Client agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the Workshop.
Client’s Initials: ¬¬¬¬_______
12. Client’s Responsibility to Secure Insurance
Client understands and agrees that it is his/her responsibility to acquire and purchase an adequate amount of travel, medical or other insurance that insures the Client against sickness, health issues, bodily harm, travel cancellations or delays, and incidental or direct damages resulting from Client’s participation in the Workshop. Client agrees to indemnify and hold Company harmless for all such occurrences.
13. No Guarantees
Company does not make any guarantees as to the results, including business growth, increased followers, financial or other gains, of any services or information provided during the Workshop. Company agrees to provide the services listed in this Agreement on the day of the Workshop, but not before or after the Workshop date. Client agrees to take responsibility for Client’s own results.
14. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Workshop will produce different outcomes and results for each Client. Client understands and agrees that:
Every client and final result is different.
Business coaching and/or consulting is a subjective service and Company may give different information to each Client depending on his/her needs and business needs.
Company will use its personal judgment to create favorable experiences at the Workshop, but that each topic covered at the Workshop may not be applicable to each Client depending on his/her business needs at that time.
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.
15. Safe Working Environment
Client understands and agrees that Company maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Client further understands and agrees that during the Workshop Client shall not carry weapons or firearms, be exposed to severe illness, or request the Company to do anything illegal or unsafe. Further, Company will not host the Workshop in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. In the event any of these circumstances arise, Company reserves the right to reschedule the Workshop or terminate Client’s participation immediately during the Workshop. Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of an incomplete Workshop experience.
16. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 5-10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 10-15 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Client’s account and shall be used for another workshop within 12 months from the date of Notice of the Force Majeure Event.
17. Indemnification
Client agrees to indemnify and hold harmless Company, its related companies, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Client’s participation in services and any related activities, including by not limited to riding in cars with Company employees, contractors, subcontractors, or other Workshop participants. In the case of in-person meetings or consulting, including the live Workshop, Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Company to pay for any such damages.
18. Maximum Damages
Client agrees that the maximum amount of damages she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in the Workshop.
19. Limitation of Liability
In no event shall Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connective with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
20. Sales Taxes
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Company. All sales tax will be included on invoices.
21. Communication
All questions, concerns, feedback and Workshop related questions shall be directed towards info@candiceswansonphotography.com and will be answered by Company during its business days Monday thru Friday, 9am-5pm, EST. Company typically replies to emails within 48 business hours.
22. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between Client and Company, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
23. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Orange County, CA. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
24. Mediation and Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Orange County, CA, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
25. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
26. Transfer
This Agreement cannot be transferred or assigned to any third party by either the Company or Client without written consent of both Parties.
27. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
28. Notice
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: info@candiceswansonphotography.com Client’s Email:
29. Counterparts; Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.