TERMS AND CONDITIONS

1. Scope of Workshop
The Workshop will take place on October 25 and 26, 2022  in Laguna Niguel, California from 10am until 10pm. The Workshop includes [group coaching/styled shoots/lunch and dinner] during the dates Client is in attendance. There will be no coaching or 1-on-1 communication before or after the Workshop dates.

2. Fees
In consideration for the workshop services provided by Company, Client agrees to pay [$1750.00] in total.

In the event that Client is unable to attend the workshop, they may transfer ticket to another person. Client is not allowed into the Workshop on the dates indicated above unless the full fee is paid.

All additional travel, transportation, and lodging purchases are the responsibility of the Client.

3. Reservation, Cancellation, and Refund
Client shall reserve a seat at the Workshop by signing this contract and paying the fee indicated in Section 2. No spot is reserved until the contract and fee are received. The full fee is non-refundable. If for any reason Client cancels their spot at any time, Company does not offer refunds. Cancellation must be made in writing and sent via email to Company (rich@chardphoto.com). 

4. Taxes
The fees in Section 2 may be subject sales tax, value added tax, or any other taxes and duties which, if applicable, will be charged to me in addition to the fees.

5. Communication
All questions, concerns, feedback and Workshop related questions shall be directed towards (rich@chardphoto.com) and will be answered by Company during its business days [Monday thru Friday, 9am-5pm, PST]. Company typically replies to emails within [72] business hours.

6. Cancellation by Company or Client
In the event Company cancels the Workshop, Company will give Client at least [30] days written notice before the Workshop start date. A full refund of the Workshop fee will be given to Client in the event of cancellation. Company is not liable for loss of any additional travel fees.

In the event Client cancels this Agreement or is unable to attend the workshop for any reason whatsoever, no refund will be given. Client may sell his/her Workshop ticket with the express consent of Company.

7. Waiver of Liability
Client voluntarily signs this waiver in consideration for the Workshop indicated above. Having read and signed this waiver, Client acknowledges that for himself/herself, Client’s heirs, executors, administrators, representatives, or anyone else who might claim on Client’s behalf, hereby waives, releases and discharges Company and its officers and directors, staff, employees, agents and volunteers from and against any blame and liability for any injury, harm, loss, inconvenience, or any other damage of any kind whatsoever, which may result from or be connected in any way to Client’s participating in the Workshop, and Client agrees to hold them harmless from any such claim(s). In addition to the absolute and unqualified release from all liability, Client hereby represents that Client will conduct herself/himself in a safe and prudent manner while participating in the Workshop. Company reserves the right to cancel an activity or release a participant if it feels the participant’s conduct is inappropriate or disruptive. Client is aware that by signing this, Client is waiving certain legal rights, including the right to sue Company or its officers and directors, staff, employees, agents and volunteers.

8. Maximum Damages 
Client agrees that the maximum amount of damages she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in the Workshop.

9. Indemnification
Client agrees to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Client’s participation in services and any related activities, including by not limited to riding in cars with Company employees, contractors, subcontractors, or other Workshop participants. In the case of in-person meetings or consulting, including the live Workshop, Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees or other losses as a result of accident or negligence on behalf of the parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Company to pay for any such damages.

10. Guarantees
Company does not make any guarantees as to the results, including business growth, increased followers, financial or other gains, of any services or information provided during the Workshop. Company agrees to provide the services listed in this Agreement on the day of the Workshop, but not before or after the Workshop date. Client agrees to take responsibility for Client’s own results.

11. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Workshop will produce different outcomes and results for each Client. Client understands and agrees that:

Every client and final result is different.
Business coaching and/or consulting is a subjective service and Company may give different information to each Client depending on his/her needs and business needs.
Company will use its personal judgment to create favorable experiences at the Workshop, but that each topic covered at the Workshop may not be applicable to each Client depending on his/her business needs at that time.
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.

12. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, pregnancy, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

13. Duty of Company
Company agrees to perform at the Workshop to the best of its abilities. Company reserves the right to change the Workshop schedule, sessions, speakers, food, and bonuses at any time. If Company is unable to perform any or all of the duties herein due to an act of God, illness, family emergency, or similar situation, it shall strive to provide another competent professional to perform the Workshop, and if none is available, Company will cancel the Workshop, refund Client, and is not liable for any further damages.  

14. Duty of Client at Workshop
Client shall act respectfully at the Workshop and in accordance with this Agreement. Client shall refrain from crude behavior. During Client’s participation in the Workshop, every participant will be treated with respect, regardless of their chosen philosophy and if Client agrees with their approach or not. Bullying is grounds for dismissal from the Workshop with no refund. Bullying is not allowed under any circumstances whether verbal, audio, video or in writing. Company retains the right to ask Client to leave the Workshop early if Client’s behavior is unacceptable.

All information and conversations held inside the workshop group are confidential. You must respect the privacy of the group members.

15. Confidentiality

Client understands that that certain information of a confidential nature may be disclosed by the Company, presenters or other participants during the Workshop, to include personal information, tools, processes, strategies, materials, slides, and other business trade secrets. Client will not intentionally disclose this confidential information to any third party or use the confidential information for his/her own benefit without specific approval by Company.

16. Disclaimer
Client agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.

17. Model Release
This contract serves as a model release giving Company the irrevocable right to use the photographs and video taken by Company at the Workshop in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Company can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Company. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the client, their legal representatives, heirs, and assigns.

18. Medical Treatment 
Client is responsible for your own health and safety while attending the Workshop, and for seeking medical attention as necessary for any allergic reactions, illness or injury that you experience while attending the Workshop. In an event where it becomes reasonably necessary for Client to receive medical treatment at either Client’s request or Company’s discretion during the Workshop, Client understands and accepts full responsibility for any and all medical expenses arising out of any treatment from such an incident. In the event that Client is unable to make medical decisions in an emergency, Client consents to the care of any reasonable physician or treatment center to administer treatment until Client’s Emergency Contact(s) can be reached and take over Client’s care decisions.

19. Assumption of Risk
Client understands and agrees that the Workshop includes dining, social and recreational activities. Any activity can involve an element of risk or injury. Client assumes the risk of any activity, and the risk of using any reasonable means of transportation to and from such activities, whether provided by Company or a third party. Company will make a reasonable attempt to accommodate any specific housing, dietary or other health requests, or let the Client know if such a request is not possible. If Company cannot provide for a specific request, or Client does not wish to assume any such risks, Client may take responsibility for providing his or her own food, accommodations, transportation or anything else that the Client needs or wants to participate in the Workshop. 

20. Insurance 
Client is advised to purchase an adequate amount of travel, medical or other insurance that insures the Client against sickness, health issues, bodily harm, travel cancellations or delays, and incidental or direct damages resulting from Client’s participation in the Workshop. In any event, the Client HEREBY RELEASES AND HOLDS HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following releases: the Company’s officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that the Client, the Client’s estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By initialing below, the Client agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the Workshop.

21. Assignability and Parties of Interest
Client shall not assign, sub-contract, substitute, or hire any third party to take the place of Client in performance of this Agreement without the express consent of Company.

22. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between Client and Company, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

23. Venue and Jurisdiction

The laws of the State of [enter state] shall govern this contract, and any resulting arbitration shall take place within [County, State]. Both parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

24. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in [County, State], unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.



25. Severability

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

13. Duty of Company
Company agrees to perform at the Workshop to the best of its abilities. Company reserves the right to change the Workshop schedule, sessions, speakers, food, and bonuses at any time. If Company is unable to perform any or all of the duties herein due to an act of God, illness, family emergency, or similar situation, it shall strive to provide another competent professional to perform the Workshop, and if none is available, Company will cancel the Workshop, refund Client, and is not liable for any further damages.  

14. Duty of Client at Workshop
Client shall act respectfully at the Workshop and in accordance with this Agreement. Client shall refrain from crude behavior. During Client’s participation in the Workshop, every participant will be treated with respect, regardless of their chosen philosophy and if Client agrees with their approach or not. Bullying is grounds for dismissal from the Workshop with no refund. Bullying is not allowed under any circumstances whether verbal, audio, video or in writing. Company retains the right to ask Client to leave the Workshop early if Client’s behavior is unacceptable.

All information and conversations held inside the workshop group are confidential. You must respect the privacy of the group members.

15. Confidentiality
Client understands that that certain information of a confidential nature may be disclosed by the Company, presenters or other participants during the Workshop, to include personal information, tools, processes, strategies, materials, slides, and other business trade secrets. Client will not intentionally disclose this confidential information to any third party or use the confidential information for his/her own benefit without specific approval by Company.

16. Disclaimer
Client agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.

17. Model Release
This contract serves as a model release giving Company the irrevocable right to use the photographs and video taken by Company at the Workshop in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Company can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Company. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the client, their legal representatives, heirs, and assigns.

18. Medical Treatment 
Client is responsible for your own health and safety while attending the Workshop, and for seeking medical attention as necessary for any allergic reactions, illness or injury that you experience while attending the Workshop. In an event where it becomes reasonably necessary for Client to receive medical treatment at either Client’s request or Company’s discretion during the Workshop, Client understands and accepts full responsibility for any and all medical expenses arising out of any treatment from such an incident. In the event that Client is unable to make medical decisions in an emergency, Client consents to the care of any reasonable physician or treatment center to administer treatment until Client’s Emergency Contact(s) can be reached and take over Client’s care decisions.

19. Assumption of Risk
Client understands and agrees that the Workshop includes dining, social and recreational activities. Any activity can involve an element of risk or injury. Client assumes the risk of any activity, and the risk of using any reasonable means of transportation to and from such activities, whether provided by Company or a third party. Company will make a reasonable attempt to accommodate any specific housing, dietary or other health requests, or let the Client know if such a request is not possible. If Company cannot provide for a specific request, or Client does not wish to assume any such risks, Client may take responsibility for providing his or her own food, accommodations, transportation or anything else that the Client needs or wants to participate in the Workshop. 

20. Insurance 
Client is advised to purchase an adequate amount of travel, medical or other insurance that insures the Client against sickness, health issues, bodily harm, travel cancellations or delays, and incidental or direct damages resulting from Client’s participation in the Workshop. In any event, the Client HEREBY RELEASES AND HOLDS HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following releases: the Company’s officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that the Client, the Client’s estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By initialing below, the Client agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the Workshop.

21. Assignability and Parties of Interest
Client shall not assign, sub-contract, substitute, or hire any third party to take the place of Client in performance of this Agreement without the express consent of Company.

22. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between Client and Company, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

23. Venue and Jurisdiction The laws of the State of [enter state] shall govern this contract, and any resulting arbitration shall take place within [County, State]. Both parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

24. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Orange County, California, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

25. Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.