TERMS OF USE
for Social Media Audits with Cyrissa
TERMS OF USE
for Social Media Audits with Cyrissa
By completing this form, you are agreeing to Immerse Photography, LLC’s terms of Use, as outlined below. If you do not agree with any of these statements, you are urged not to purchase an audit as no modifications will be made to this agreement.
1. Position. The Instructor agrees to deliver the Participant a social media audit as a work-for-hire independent contractor providing Mentoring services.
2. Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between Instructor and Participant. Further, this Coaching Call does not create a relationship beyond the confines of the Workshop for which the Participant is buying.
3. Equipment. The Participant is responsible for providing all of the equipment of use with which to complete the audit unless agreed upon otherwise. Equipment required includes wifi access and email.
4. Confidentiality and Non-Disclosure. The Participant understands that all materials, including but not limited to, price lists, contracts, financial documents, agreements, and other information or documents that may be given to them in the social media audit are the exclusive property of the Instructor and are privileged and confidential information. The Participant shall not disclose, whether for compensation or not, the confidential information obtained from the Instructor to anyone unless required to do so by law.
5. Content. “Sharing” materials is strictly prohibited and will result in immediate termination from any current or future Immerse Photography, LLC product. Participant agrees to not use, edit, modify, share, reproduce, display, duplicate, distribute, or create any derivative work of the copyrighted products/images in any manner. Manner, including but are not limited to: usage on any websites, email, social media platforms, or print formats. If Photographer learns of Client’s unauthorized use that is in violation of the Agreement, Participant agrees that she/he will pay Instructor a fee of $1000 for unauthorized use for each, any and all products subject to the Agreement.
6. Scheduling. Audits are done on Tuesdays. so, barring any major holidays {or sick kiddos}, any audit requests submitted before 12pm EST on Monday will be included in that week's schedule! any requests submitted after that time will, most likely, be moved to the following week's audit list. The participant will assume responsibility viewing the recording within 30 days, using the links provided by Immerse Photography, LLC.
7. Cancellation {Participant}. As audits are delivered in a short time frame, no cancellations will be accepted. No refunds will be given for a lack of participation/viewing of recording within the allotted 30 days. No exceptions.
8. Cancellation {Instructor}. The Instructor shall make every effort to give the Participant advanced notice of any changes. In the event that an assignment is cancelled, the Instructor will provide notice to the Participant as soon as possible. If the Instructor deems it impossible to reschedule the audit, she will provide a full refund and have no further obligation to Participant. Audit will be forfeited if Instructor can not access an account due to settings being private. Instagram Profile and Facebook page must have public posts within 24 hours of purchase, if not public, the audit will be forfeited. The email immersephotos@gmail.com must be invited to the Facebook Group that Participant wants audited within 24 hours of purchase. If not invited, the audit will be forfeited.
9. Waivers. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.
10. Indemnification. The Instructor shall be held harmless for any and all injury to Participant and Participant’s business and equipment during the course of the Audit and the immediately surrounding events.
11. Governing Law and Choice of Venue. This Agreement shall be governed by the laws of the state of Ohio without regard to its conflicts of law provisions. The parties may bring an action concerning this Agreement only in the state and federal courts for Ohio.
12. Attorney Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
13. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Ohio.
17. Resolution. Participant shall first approach Instructor as to any issues related to the Audit. Failure to do so will result in termination of the Audit and forfeiture of all audit fees. All unpaid audit fees shall be remitted to the Instructor within 7 days of contract termination or be subject to legal action.
18. Entire Agreement. This Agreement contains the entire agreement between the parties on its subject matter and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.