Mini Portrait Session - Client Service Agreement
Event is on March 8, 2019 at Madison Square Park.
Known as "Vendor"
Alena Pollitt Weekes Studio, LLC
Known as “Client"“
Person whose name is signed when agreeing to Terms of Service
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."
Purpose of the Agreement
Client wishes to hire Vendor to provide services relating to Client’s Mini Portrait Session as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.
Vendor shall provide Client with the following services and/or products ("Services"):
5-min Portrait Sessions
First-come, first-serve, 5-min portrait session in exchange for proof of contribution or pledge to an organization, cause, or community benefiting Women, LGBTQ, POC, and/or immigrant communities.
Online gallery delivery for selection of one image for download in high-res.
More images as-is or retouched are available for separate purchase
Location and Delivery of Services
Location. Vendor shall deliver Services to Client at the following location(s):
Madison Square Park, New York on a first-come, first-serve basis.
Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is $0, but clients are encouraged to contribute by way of service or funds to a cause or organization that benefits women, POC, LGBTQ, or immigrant communities. Client agrees to describe this pledge to Vendor prior to receiving services.
Copyright Ownership. Any copyrighted work(s) created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.
Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal social media pages, profile, or website; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter, email, holiday card.
When possible and appropriate, attributed credit to Alena Pollitt Weekes or relevant tagging on social media is greatly appreciated.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services ($0) provided by Vendor.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor is not responsible for or obligated to refund any monies based on the amount of Services that were completed/provided or agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.
Delivery of Images. Client agrees that this is a free service and as such, Vendor is under no obligation to deliver images within a certain amount of time.
Service Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as the failure of one or more essential parties to the Mini Portrait Session to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client. Client is not relieved of any obligations for cancelled Services, rescheduled Services, failing to show up for the Mini Portrait Session, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. Vendor will do her best to work with Client to accommodate changes as needed, but will do so at her discretion and has no obligation fulfill the services described in this agreement.
First-come, First-serve. Client understands that due to the nature of the free service and potential volume of clients, Vendor is under no obligation to accommodate the client and will be providing this service on a first-come, serve basis on the order in which clients arrive, unless otherwise discussed.
Refusing Service. Vendor has the right to refuse service for any reason.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party.
Failure to Perform Services. In the event Vendor cannot or will not perform its services in any or all parts of this Agreement, Vendor (or a responsible party) will do her best to provide notice via email, but is under no obligation.
Appropriate Conduct/ Safe Working Environment
The Client(s) expressly agree(s) to take best efforts to provide Vendor and Vendor’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Vendor, Vendor will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Vendor shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Vendor harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Vendor’s work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Vendor resumes work detailed in this Agreement.
Governing Law. The laws of New York govern all matters arising out of or relating to this Agreement, including torts.Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via email.
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Mini Portrait Session and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.