The Parties agree as follows:
FEES & PAYMENT The 100% of the Photographer’s Fee (Session Fee) is due at the time of signing this Agreement. majorCLICKS Photography™ reserves the right to not complete the photography class or deliver any materialsuntil Session Fee has been paid in Full.
SHOWING UP LATE
On the day of your class, if you are more than (10 minutes) late, your class will be forfeited in order to keep on schedule with the other participants.
If you decide to cancel for any reason other than an act of God (hurricane, tornado, flood, etc) or illness, a refund will not be given.
COPYRIGHT AND REPRODUCTIONS
The content used in this class is copyright protected. Use outside of the class other than personal use is prohibited.
FAILURE TO PERFORM
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the Retainer Fee to the Client, but shall have no further liability with respect to this Agreement.
The Photographer may substitute another photographer to teach in the event of Photographer’s illness. In the event of such substitution, Photographer warrants that the photographer teaching is a competent professional.
LIMITATION OF LIABILITY.
MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CLIENT FOR THE SERVICES FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL majorCLICKS Photography™ BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR INJURY, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
No modification to this Agreement nor any failure or delay in enforcing any term, exercising any option, or requiring performance shall be binding nor construed as a waiver unless agreed to in writing by both parties.
In no event shall majorCLICKS Photography™ be liable for any consequential, punitive or multiple damages of any kind.
If you have any questions or concerns, please contact majorCLICKS Photography™ by email at Jodi@majorclicksphotography.com or by phone at 717-229-5999.