
Actionable Mind-Map Terms & Conditions:
TERMS & CONDITIONS FOR CONSULTING TO THE ACTIONABLE MIND-MAP
Effective date: June, 29 2023
Welcome!
Thank you for purchasing The Actionable Mind-Map Consulting
All sales are final for this course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Product for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with Program created by Mai Lor (“Owner”) in her capacity as Owner of Lens This Beauty! Photography, LLC (the “Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):
Lens This Beauty! Photography, LLC (“Mai Lor”) welcomes you. Please READ carefully. Your access and use of this Site and Program is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program. Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Program after any change means you have accepted the changed terms and conditions.
1. Introduction.
Lens This Beauty! Photography, LLC . (“Company”) is a company incorporated in Atlanta, GA which provides prospective and actual business owners with online courses and other educational materials. Company has created Actionable Mind-Map Consulting(“Consultation”) to help design a personalized visual mind-map & schedule online services.
2. Disclaimers.
A. Website. The material appearing on the websites www.lenthisbeauty.pictures (“this Site”), is provided as either information about Mai Lor's events, people, the Program or stories & is a platform for online connection and community. The owner of this Site (Mai Lor) and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site. Any information by or on this Site or inside the Program is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, you accept and agree that following any information or recommendations provided therein is at your own risk.
B. No Guarantees. Company makes NO GUARANTEES about any success that you’ll get from our Site or our courses, such as Program, or any of our free offers. Client understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Client new skills and providing Client with awareness of traditional business practices. By using Company’s services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
Client hereby acknowledges that Client is solely responsible for the amount and type of income that Client generates by implementing techniques and advice provided by Program. Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Client with a lucrative business. Client also agrees that Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision.
C. Scope of Services. The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that the Program is created to help Client learn new skills and assist Client with finding their own direction. The Program may offer guidance regarding business decisions, but it is the responsibility of the Client to make the final decision and choose the best option for themselves.
This Consultation does not include: 1) individualized advice and feedback; 2) procuring business or potential clients for Client; 3) performing any business management services for Client, such as accounting, operations, research, or development; 4) life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Client’s professional network and business relationships; 8) Program updates or revisions; and/or 9) Customer Support or access to Mai.
D. Delivery of Program. This Program may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Program if reasonably required by the prevailing circumstances as determined by Company. Access to this Program is currently hosted through Kajabi, LLC. (“Kajabi”), a third-party platform. Company is not liable for any limitation of access to the Program caused by Kajabi or any other third-party used to assist Company with the delivery of this Program to Client.
E. Certifications and/or Other Requirements. As part of this Program, Company encourages individuals and/or business owners to enter into the online education space for topics they are reasonably qualified to teach on or assist with, or to otherwise provide services they are skilled to provide. Due to the educational and informational nature of this Program, the volume of students that enter into the Program, and the international scope of the Program’s availability on the internet, it is not the responsibility of Company to determine whether a Client is qualified to offer the services they present. It is the sole responsibility of Client to determine whether they need any qualifications, certificates, registrations, degrees, diplomas, or other requirements to carry-out the services that they purport to offer during or after completing the Program. This is a material part of this Agreement as it is categorically impossible for Company to monitor all students’ past, present and future behaviors, as well as international and local laws, regulations, and other requirements to ensure that a student’s actions are lawful.
F. Customer Support. Company has developed a proprietary system that personalizes your visual mind-map and scheduled and not made for you to be successful in wealth or finance, but in setting up goal lists accomplishing your individual goals.
3. Intellectual Property.
A. Copyright. USA copyright laws protect all materials created by Owner and/or Company on the Site and within the Program as original works. All materials belong to Owner and/or Company, including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
B. Non-Exclusive License. If Company provides Intellectual Property on the Site and/or within the Program that Client can download, a revocable, non-exclusive license is granted for Client to download copies of the materials for personal, non-commercial transitory viewing only. Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use.
Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Program is for their single individual use. Client shall not copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
This is the grant of a license, not a transfer of title, and under this license Client shall not:
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modify or copy the Intellectual Property;
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use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
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share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.
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If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
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Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own;
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Copying any of Company’s Product content and/or material for Client’s commercial use;
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Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
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C. Infringement of Intellectual Property This license shall automatically and immediately terminate if Client violates any of the restrictions regarding Company’s Intellectual Property. Upon Company’s suspicion that Client violates any of the above Intellectual Property restrictions, Client’s access may be terminated by Company at any time.
Suspicion includes, but is not limited to:
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identification of Client content that is based off of Company’s proprietary framework;
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identification of Client content that is almost identical and/or confusingly similar to Company’s content;
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notice from third-party of confusingly similar content between Client and Company.
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Upon terminating Client’s license, Client must destroy any downloaded materials in Client’s possession whether in electronic or printed format.
In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to Company, Company reserves the right to:
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Immediately remove Client’s access to the Program;
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Investigate Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. courses, programs, etc);
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Block Client from accessing future programs or content belonging to Company;
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Recover all funds expended on investigating Client’s infringement of Company’s Intellectual Property, including (and especially) legal fees, administrative costs for Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement,
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If Company discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any future programs and will seek any extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.
4. Programs Overview.
A. Program Access. Clients receive unlimited access to the Program for the lifetime of the Program’s availability.
B. Course Bonuses. At the time of purchasing and enrolling in the Program, Client will receive access to the Program core curriculum as well as core bonuses from the Company and third-party contributors (hereinafter referred to as the “Bonus Bundles”). Client shall receive access to Program and the core Bonus Bundles for the lifetime of the Program and/or its individual offers inside the Bonus Bundles, whichever is shorter.
C. Course Updates. Client understands that course updates and revisions are not included considering the Program has been discontinued.
5. Indemnification.
A. Limitation of Liability and Indemnity. As a condition of your use of the Site and/or Program, Client hereby indemnifies Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site and/or Program. In no event shall Company or its agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site and/or Program, even if Company has been notified orally or in writing of the possibility of such damage.
B. Client Decisions. Client hereby acknowledges that Company is not liable for any injuries that may arise from Client’s actions, omissions, or decisions based off Customer’s participation in this Program or use of this Program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Program.
C. Links to Third Party Websites. This Site may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of Company. Company is not responsible for the content contained in any related website, nor for any losses or damages you may incur due to the use of any such website. Company accepts no liability for any errors or omissions contained in third-party websites. Company provides these links to improve your use of the Program, enable you to connect with Company and Owner on various platforms, and help Company offer the most accessible services for Client and conduct transactions.
6. Confidentiality.
A. Confidential Information & Non-Disclosure – Company takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
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Any systems, sequences, processes or steps shared with Client;
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Any information disclosed in association with this Agreement;
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Any systems, sequences, processes, or trade secrets in connection with the Program or Company’s business practices.
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B. Testimonials – Company also agrees to protect Client’s personally identifiable information. However, from time to time, Company may use general statements about Client’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Client agrees to Company sharing Client’s success stories as testimonials in any matter across any media at the sole discretion of Company.
By signing up for the Program, Client grants Company permission to use any testimonials in our marketing materials and/or any promotional efforts. This includes but is not limited to unofficial testimonials, words of praise via Instagram stories, public posts or posts inside our Facebook groups, and direct messages with Company and/or Owner. Company will blur last names on screenshots used, and you understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.
C. Non-Disparagement – Client agrees, during and/or after use of Product, to refrain from making any false, derogatory or untrue statements, whether oral or in writing, that are injurious or otherwise negatively impact Company’s Product, business, services, products, or reputation.
7. Payments.
A. Payment Plans. Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product up-front.
B. Chargebacks. The Client shall not threaten or make any chargebacks to the Company’s account. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
C. Blocklist + Disputed Payments. Company retains the right to ‘Blocklist’ you from accessing all materials, courses, or other products or services Company offers in the event that Client does not pay Client’s outstanding balance, dispute Client’s payments, or if Client misappropriates any of Company’s Intellectual Property.
D. Foreign Fees + Taxes. Company will not be held accountable or liable to pay any foreign fees or additional fees that are outside company’s control, including but not limited to forge in transaction fees charged by Client’s bank, exchange rates, VAT or local taxes, etc.
8. Refund Policy.
A. Non-Refundable. Due to the digital nature and discontinuation of this Product, Client’s purchase of the license to access Product is non-refundable and non-transferrable. All sales are final.
9. Miscellaneous.
A. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Company linked to these terms and conditions or contained on this Site constitutes the entire Agreement between you and Company relating to your use of this Site and/or Program and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Company.
B. Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Modifications. Company may revise these terms of use for its website at any time without notice. By using the Site and/or Program, you are agreeing to be bound by this Agreement.
D. Governing Law. Company is located in USA and is subject to the applicable laws governing USA. E. Arbitration. Any disputes arising under this Agreement shall be resolved through a binding arbitration.
F. Maximum Damages. Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
G. Execution. Client agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.
With Love,
Mai Lor
Last Updated: June 2023
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Photography Legal Terms
When you book, you agree to all legal terms and conditions.
Payment(s) is due on due date(s) of invoice(s). For graphics, payments are due same day before starting any project(s). For all photos and graphic designs, no finals/edits will be sent until invoices are all paid in full. By purchasing payment(s), you agree to these terms and conditions and Agreement(s).
Graphic Design Terms & Agreement:
This Graphic Design Contract ("Agreement") is executed on the {day} of {month}, {year} by and between {nameOf} (the "Client") and Lens This Beauty Photography, LLC (the "Designer").
Project
The Client hires the Designer to create various designs that the Client shall describe and whereas the Designer shall assist in creating.
Schedule
The Designer will commence on {dateStart} and shall continue until the project has been completed.
Fees
The Designer shall be paid at the rate of {designersRate} (USD) {ratePer}.ReimbursementsReimbursements shall be made by Client to Designer in the event that Designer pays for necessary expenses incidental to the duties and responsibilities of Designer up to {reimbursibleAmount}. Any other necessary expenses greater than the said amount shall require the consent and approval of the Client.
Payment Schedule
The Client shall pay the designer day of or the due date of invoice by Designer to Client.
Ownership and Copyright
The rights to any and all designs created by the Designer as commissioned by the Client shall be owned by the Client, including drafts, patent, licenses, intellectual property, raw files and images, sources, mockups, final product output. The Designer may use the product output for his/her gallery to showcase his product outputs, but in no case may he/she sell, lease, or claim ownership over the product output. Any other activity other than what has been specified shall require written consent by the Client.
Non-Solicitation
Designer will not encourage employees of Client to cease their employment with Client, directly solicit from employees of Client, or hire employees of Client.
Representation
Designer promises that the work shall be his own and not a product by any third party that will infringe on the copyright or intellectual property right of said party. Designer shall not delegate his/her task to any other party without the approval and consent by Client in writing.
No Employer-Employee Relationship
The designer is being hired by the Client as an independent contractor. The Designer shall use his/her own equipment and software. No training or any other benefits shall be entitled to that an employee enjoys. The Designer shall be responsible in the payment of his/her own taxes and other governmental fees, insurance, and other contributions.
Confidentiality
Any information that the party may acquire through the effectivity of this agreement shall be recognized as Confidential Information. The party holding the confidential information shall keep confidential, the confidential information, and shall exercise the same degree of care required by law. No party is allowed to sell, release, share, or otherwise disclose to any party any confidential information without the consent of the other.
Limited Liability
Neither party is considered to have committed a breach of this agreement which would have not been reasonably foreseen when entered into this Contract.
Disputes
In the event that disputable matters arise from herein this Agreement, such shall be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
Modification
No modification or alteration in this Contract shall be considered as having been made unless said modification or alteration has been agreed by the parties hereto in writing and signed by both parties.
Separability
In the event that any portion of the Contract is found to be invalid or unenforceable by a competent court, such invalidity or unenforceability shall only affect the said provision and the rest of the remaining valid provisions shall remain effective and enforceable.
Governing Law
This Contract shall be construed to be governed by the laws of the state of Atlanta, without regard to conflict of law principles of that state.
Entire Contract
This Contract agreement represents the complete understanding of the duties and responsibilities of the parties hereto. Any other contract created relative to this subject and of the same parties is superseded by this Contract.
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Portrait Terms & Agreement:
This agreement is between Lens This Beauty! Photography, LLC hereinafter referred to as the "Photographer", operating in the State of Atlanta, and the signers of this portrait photography agreement hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed above.
The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Agreement Overview
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Coverage
Coverage will begin at START DATE/TIME stated above and continue for the number of hours purchased, contiguously.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer. The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last-minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
Retainer
A retainer fee of 50% is required for all portrait sessions. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
Cancellation
There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is canceled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
Copyright
Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is herby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs. The client understands the images given on CD/DVD cannot be used for profit or advertising. Client agrees to pay in full of deposits and due balances prior to receive photos and permission of release form for distribution such as prints and digital use.
Exclusive Photographer
The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
Expenses
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
Event Food Service
A light meal is required for events up to 6 hours for the Photographer. For events up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that the Photographer will leave the event to purchase a meal.
Garments
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Creative License
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
House rules
I Lens This Beauty! Photography, LLC has the right to refuse service if you or someone of now party becomes abusive to me or damages business property.
Force Majeure
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Cost of Portrait Photography
Package: Currently, will be determined upon contact and sent a quote. Additional locations $.56 ea/mi (IRS standard mileage rates) x Additional locations above = $ADDITIONAL LOCATIONS TOTAL COST (invoiced to you and all other additional costs.)
FINAL TOTAL Balance will be invoiced to you via email.
(This total is due before or on the date of event. No photography will be fulfilled without payment in full.)
This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photographer’s current price list.