By registering for the Rise + Thrive you agree to the following:
Rise + Thrive is hosted by Megan Helm Photography LLC. In exchange for adequate and valuable consideration, Participant agrees to these terms for the following Rise + Thrive as follows: a one day Rise + Thrive Workshop. Registration is non-refundable due to the limited number of seats available. Participant may transfer registration to another attendee. Registrant is responsible for any financial transactions relating to the transfer of their ticket. Rise + Thrive is not responsible for Participants inability to transfer a ticket or any issues that may arise out of their attempt to transfer their ticket.
Terms and Conditions
The Instructor agrees to deliver the Participant a Rise + Thrive as a work-for-hire independent contractor providing Rise + Thrive services. Nothing herein shall be deemed to constitute a partnership or joint venture between Instructor and Participant. Further, this Rise + Thrive does not create a relationship beyond the confines of the Rise + Thrive Workshop. The Participant is responsible for providing all equipment they need to complete Rise + Thrive unless agreed upon otherwise. Equipment required includes personal and/or professional camera equipment, note taking equipment and any other equipment the Participant deems necessary.
Confidentiality and Non-Disclosure
The Participant understands that all materials, including but not limited to, pricing information, agreements, and other information, documents and educational materials (verbal or otherwise) that are given to them in the course of the Rise + Thrive Workshop 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.
Non-Refundable Retainer Payment
In exchange for the services described herein, Participant agrees to pay the total ticket price of their choosing. Ticket prices are discounted if Participant pays in full. In consideration for reserving a seat, which is a limited item, for Participant, the Participant agrees to pay an up-front, non-refundable retainer (50% of the payment plan option OR 100% of the paid in full option). Upon receipt of the non-refundable retainer, Rise + Thrive agrees to reserve, against all other requests, a seat for Participant at the workshop date and time as stated on the workshop website and registration portal, as such, both parties agree the retainer is earned upon payment. For Participants convenience and marketing purposes only, the retainer is bundled into the full price of the workshop seat, but to be clear, the retainer is a separate fee, not an advanced payment for services and no fees or services are billed against the retainer. Participant is not required to choose either option and has the freedom to choose the option best suited for them.
Transfers/Refunds
The Rise + Thrive Workshop registration fee is non-refundable. The Rise + Thrive Workshop registration fee maybe transferred to another Participant subject to the approval of the Instructor. Transferring is the responsibility of the Participant and Rise + Thrive is not responsible for any transactions relating to the transfer of Participant’s ticket.
Cancellation
The Instructor shall make every effort to give the Participant advanced notice of any changes to the location of the Workshop. The Participant shall give twenty-eight (28) days notice to the Instructor or shall forfeit the entire Rise + Thrive ticket fee. As stated, the retainer payment which is used to reserve your seat only, remains non-refundable. In the event that an assignment is cancelled, the Instructor will provide notice to the Participant as soon as practicable. Instructor is not liable for damages incurred in reliance on this agreement.
Rescheduling
In the event that Rise + Thrive needs to be rescheduled for any reason (including but not limited to illness/injury, emergency, fire, casualty, strike, act of God, or other causes beyond the control of Rise + Thrive and Megan Helm Photography LLC), Rise + Thrive will make every effort to notify attendees in a timely manner and accommodate a reschedule date to their best of their abilities. Participant agrees to make every effort to accommodate the new workshop date and Rise + Thrive agrees to provide reasonable notice of a new date as soon as possible. Megan Helm Photography LLC and Rise + Thrive reserve the right to select a new venue in the event that the chosen venue cancels the event.
Non-Compete
Participant shall not compete as a photography instructor within one years of the completion date of this workshop. This includes, but is not limited to, in-person, online as well as digital products. The Rise + Thrive schedule is subject to change and no adjustment/pro-ration of fees shall be applied if the schedule changes due to extenuating circumstances.
Participant Preparation
The Participant is required to have basic working knowledge of DSLR and Lightroom/Photoshop editing, Aperture, ISO, Shutter Speed and general use of their DSLR camera as required by the Rise + Thrive. Rise + Thrive is not responsible for any equipment failure or issues that arise during the course of the workshop. Rise + Thrive will not be providing any tools such as lenses, memory cards, camera bodies, etc. for Participant to take photos during Rise + Thrive.
Travel
Participant is responsible for all travel associated with their attendance at Rise + Thrive. This includes but is not limited to flights, hotel accommodations, rental car, fuel expenses, etc.
Insurance and Legalities
The Participant shall provide to the Instructor, prior to start of the Rise + Thrive, evidence of current business formation and liability insurance. Participant shall be subject to produce continued evidence of current insurance policies at any time during the course of the Rise + Thrive. Failure to produce these documents within one week of the Instructor’s request shall result in delay or termination of the Rise + Thrive. In the event a delay or termination occurs, Rise + Thrive fees shall not be prorated or refunded.
All compensation for fulfilling assistant duties shall be delivered through the education provided within the confines of the outlined Rise + Thrive. Assistant duties include, but are not limited to, equipment retrieval, equipment adjustments (including lights, reflectors, etc.) and other duties as necessary. The Instructor shall conduct themselves with professional courtesy, including but not limited to, refraining from drinking, eating, smoking, and speaking only when addressed by Instructor.
The Client shall not capture the Educational session in any capacity, including but not limited to voice recording, tape recording, photography, etc. In the event the Rise + Thrive includes practicing of photography on models, the Participant shall be allowed to publish the photographs as their own work, but Participant is required to post the vendor list with business names and Instagram handles anytime they post images from the workshop. Participant is also prohibited from submitting any photographs obtained during Rise + Thrive for any publications; exclusive or non-exclusive. This right remains solely with Megan Helm Photography LLC.
All photographic materials obtained in the course of the Rise + Thrive shall remain copyright property of the creator per Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102.
Cooperative Attitude
The Participant shall retain a cooperative attitude throughout the course of the Rise + Thrive. At any time the Participant acts uncooperative the Instructor shall terminate the participant’s Rise + Thrive workshop access and retain all Rise + Thrive fees. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Instructor or a third party in reference to the Rise + Thrive. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future. The Instructor shall be held harmless for any and all injury to Participant and Participant’s business and equipment during the course of the Rise + Thrive.
Governing Law and Choice of Venue
This Agreement shall be governed by the laws of the California 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 California. Megan Helm Photography LLC is located in Fresno County and any legal action against Rise + Thrive and/or Megan Helm Photography LLC shall be taken within the county of Fresno.
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.
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 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 California in Fresno County.
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.