TERMS AND SERVICES
This Agreement is between ARTIST JESSICA RAE & AROHA MCKAIG (“THE HOST” OR “VEGAS WORKSHOP” OR “WORKSHOP”) and THE REGISTERED ATTENDEE (“THE ATTENDEE”) for the provision of VEGAS WORKSHOP “WORKSHOP”. Subject to the terms and conditions of this Agreement, THE HOST and THE ATTENDEE have agreed upon the following:
By signing this contract, THE ATTENDEE acknowledges that he/she has read it in its entirety and is signing it of free will, wishing to attend THE WORKSHOP. THE ATTENDEE understands all Terms and Conditions stated and accepts responsibility for signing said contract. THE ATTENDEE acknowledges that he/she is contractually obligated to all said Terms and Conditions. Failure to comply will result in the forfeiture of payment and denial to attend THE WORKSHOP, with no monetary reimbursement.
THEREFORE the parties have agreed to the following TERMS AND CONDITIONS:
1. Attendance, Payment Schedule and Fees:
1.1. THE ATTENDEE understands that seats are filled on a first-come-first-serve basis. No seats will be held without full payment.
1.2. THE ATTENDEE agrees that FULL PAYMENT is due at time of booking to reserve a seat in THE WORKSHOP. The retainer is non-refundable and Transferring the seat must be approved in writing by THE HOST and is not guaranteed.
1.3. THE HOST reserves the right to deny acceptance to THE WORKSHOP to anyone, at any time without explanation. THE HOST also reserves the right to limit local attendance at his/her discretion.
1.4. THE ATTENDEE agrees that all payments are in US funds .
2. Travel and Accommodations:
2.1. THE WORKSHOP is being held at Vegas AIR B&B , exact location to be disclosed at least one week before Workshop date of Feb 23, 2019
2.2. THE ATTENDEE is solely responsible for transportation to and from the VEGAS WORKSHOP. It is the responsibility of THE ATTENDEE to make travel arrangements .
2.3. THE ATTENDEE agrees to book flights or make travel arrangements to accommodate the shuttle times.
2.4. THE ATTENDEE is responsible for all personal costs while attending VEGAS WORKSHOP. This includes, but is not limited to; parking, extra food beyond that which is provided, souvenirs, long distance phone calls, parking tickets, taxi fare, external entertainment and personal items.
2.5. THE HOST will provide hotel recommendations for arrivals the night prior to CAMP upon request, however is not responsible in any way for external Service Providers. THE ATTENDEE understands that he/she is booking a hotel at his/her own discretion and risk.
2.6. THE HOST is not responsible for problems THE ATTENDEE might encounter leading up, during and after travelling to the VEGAS WORKSHOP, including but not limited to; inclement weather, airline strike, border strike, terrorist act, restrictions or cancellations, medical problems, personal problems, issues with passport or citizenship renewal or acceptance, natural disaster, quarantine, acts of war, civil disturbance, changes in government regulation, airline problems and vehicle problems. THE ATTENDEE understands that no refund will be given if he/she fails to arrive at the VEGAS WORKSHOP due to travel or personal complications.
2.7. THE HOST is not responsible for airline delays, accidents or loss of luggage, including camera gear. The ATTENDEE is responsible for bringing his/her own camera and gear. THE HOST does not provide these items.
2.8. THE ATTENDEE is responsible for securing proper travel documentation and carrying it with him/her throughout travel at all times. THE HOST is not responsible if THE ATTENDEE is removed from the Country due to not having the proper documentation.
2.9. THE ATTENDEE agrees that he/she responsible for securing his/her own travel and health insurance.
2.10. THE WORKSHOP requires movement and physical ability to take photographs to gain the maximum amount of benefit. If THE ATTENDEE chooses not to participate during any photo sessions, it is at his/her own discretion and loss. No reimbursement will be provided.
3. Provisions Provided:
3.1. THE ATTENDEE and THE HOST agree that the following is included with the purchase of a seat at THE WORKSHOP:
2.5 hours of instruction including portfolio building / shoot out portion with provided model(s) per class
Lunch is NOT included
4. Privacy, Confidentiality and Non-Compete :
4.1. THE ATTENDEE agrees that the VEGAS WORKSHOP may not be filmed or recorded and agrees that he/she will not distribute the VEGAS WORKSHOP or CLASS content for any purpose or create derivative works of, decompile, disassemble, adapt, translate, transmit, arrange, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, CAMP DO MORE or CLASS content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. Failure to comply will result in a fine in the amount of $2000.00 and THE ATTENDEE is contractually obligated to pay said fine within three (3) business days or legal action will be taken at the expense of THE ATTENDEE.
4.2. THE ATTENDEE agrees that he/she will not use any of the products received at the VEGAS WORKSHOP for teaching purposes, including but not limited to; workshops, conferences, one-on-one mentoring, in written books or text, teaching, on websites or in forums. THE ATTENDEE agrees to not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the VEGAS WORKSHOP and it’s speakers.
4.3 THE ATTENDEE agrees that all images shared online and in portfolios must source the VEGAS WORKSHOP with Aroha McKaig & Jessica Rae.
4.4. THE ATTENDEE acknowledges that full nudity may be captured during photo sessions, but unless specified otherwise, it is under no circumstances will allowed online or in portfolios. Out of respect for the models, THE ATTENDEE will confirm all release procedures prior to posting images.
4.5. THE ATTENDEE acknowledges that photos of him/her may be taken during CAMP DO MORE. THE HOST is not responsible for the end destination of these images, including any claims for violation of any and all intellectual property rights.
5. Limit of Liability:
5.1. THE ATTENDEE understands that THE HOST will take measures to accommodate all food requests and allergies, but does not guarantee that food items have not come into contact with potential allergens. THE HOST is not responsible for food provided by outside Service Providers. All meals are consumed at the risk of THE ATTENDEE.
5.2. THE ATTENDEE agrees that by signing this contract he/she releases THE HOST of any liability. THE ATTENDEE assumes all risk and has no legal recourse against THE HOST. This includes, but is not limited to; personal injury, loss of income, damage to personal items or camera gear, emotional distress, illness, loss of property, paralysis or death, as well as negligence of THE HOST.
5.3. THE ATTENDEE agrees to release and hold harmless any third party or Service Providers for any and all liability for delays, injuries, death, loss or damage, as well as negligence of the Service Provider.
5.4. THE ATTENDEE agrees that if he/she causes damages to THE HOST’S property or property of THE WORKSHOP location, he/she will be billed in full and is contractually obligated to pay for said damage within 7 days. Failure to comply will result in legal action.
5.5. THE HOST does not guarantee bookings or guarantee success after attending THE WORKSHOP. The goal of THE WORKSHOP is to provide tangible knowledge to THE ATTENDEE, but his/her own personal success is not a reflection of THE WORKSHOP.
5.6. THE WORKSHOP host is physically located in the city Las Vegas Nevada. This Agreement is governed by the laws of the State of Nevada and the Federal laws of the Country of USA, and shall be treated in all respects as a State of Nevada contract, without reference to the principles of conflicts of law. In the event of a dispute, THE ATTENDEE agrees to submit to the non-exclusive jurisdiction of the State of Nevada courts.
6. Cancellations, Terminations and Refunds:
6.1. THE ATTENDEE agrees that if cancelling his/her seat it must be provided in writing.
6.2. In the event that THE HOST cancels the VEGAS WORKSHOP for any reason, including but not limited to; medical emergency, family emergency or similar catastrophe, THE ATTENDEE will not receive a refund. However, THE ATTENDEE will receive a full credit for a future workshop with Aroha McKaig & Jessica Rae, to be used within 365 days. It is recommended that THE ATTENDEE purchase travel insurance.
6.3. THE HOST reserves the right to terminate THE ATTENDEE’S contract and remove him/her from THE WORKSHOP at any time without a refund if THE ATTENDEE is engaged in illegal or disruptive behaviour as deemed by THE HOST.
THE CLIENT further agrees to fully indemnify and hold forever-harmless THE COMPANY from:
Any action, claim, command, obligation, cause of action, damages, costs, loss of service, expenses and compensation of any kind or nature whatsoever brought by any other Attendee or Third Party against THE ATTENDEE arising out of any actions of THE ATTENDEE and/or other Attendees during or in relationship to THE WORKSHOP; and
Any and all claims, demands or actions which may hereinafter or at any time be made or bought against THE HOST by any person or entity who has made, or agreed to make payments on THE ATTENDEE’S behalf for any medical expenses or any other obligations incurred by THE ATTENDEE as a result of property damage, bodily and personal injuries, illness, paralysis and or death to THE ATTENDEE or any members of THE ATTENDEE’S family arising out of THE HOST’S activities.
These Terms and Conditions constitute the entire Agreement between THE ATTENDEE and THE HOST and supersede any and all prior Agreements or contemporaneous oral or written communications, proposals or presentations with respect to THE WORKSHOP. To the extent the terms or programs conflict with the terms of this Agreement, the terms of this Agreement shall control.
THE CLIENT agrees at all times to indemnify, defend and hold harmless THE HOST, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by THE ATTENDEE directly or indirectly in respect of THE ATTENDEE’S misuse of the information or lessons given at THE WORKSHOP, including, without limitation, infringement claims.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WORKSHOP AND ALL CONTENT, PRODUCTS, SERVICES AND EDUCATION MADE AVAILABLE AT THE WORKSHOP ARE PROVIDED “AS IS” AND AS GUIDELINES, NOT FACTS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION OF COMPANY, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, SPELLING OR GRAMMATICAL ERRORS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE WORKSHOP HOST, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO:
DAMAGES FOR LOSS OF USE FROM KNOWLEDGE LEARNED, LOST PROFITS OR LOST SAVINGS, EVEN IF THE WORKSHOP HOST OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL THE WORKSHOP HOST AND COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: DATA CORRUPTION, TRANSMISSION ERRORS OR PROBLEMS OF LEARNED KNOWLEDGE, PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY THE ATTENDEE; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
THE ATTENDEE HEREBY EXPRESSLY RELEASES, WAIVES, AND FULLY DISCHARGES THE WORKSHOP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND ANY OTHER PERSON, ORGANIZATION OR ENTITY INVOLED IN THE PROVISION OF THE WORKSHOP AND ANY SERVICES OF THE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, AND LIABILITIES OF ANY KIND ORNATURE WHATSOEVER ARISING FROM OR CONNECTED, DIRECTLY OR INDIRECTLY, THE ATTENDEE’S ATTENDANCE AT THE WORKSHOP AND ANY SERVICES OF THE WORKSHOP, AND THE ATTENDEE ACCEPTS THAT THIS RELEASE COVERS AND INCLUDES, BUT IS NOT LIMITED TO, ALL UNKOWN AND UNFORESEEN CLAIMS, INJURIES, DAMAGES AND LOSSES, AND ANY CONSEQUENCES THEREOF.
I, THE UNDERSIGNED ATTENDEE, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBLITIES, AND RELEASES THERIN.