TERMS & CONDITIONS
Photography by Galicia LLC
Senior Photographer Bootcamp/The Twelfth Year
By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products or services by Senior Photographer Bootcamp, acting for and on behalf of Photography by Galicia LLC (“Service Provider”), and you are entering into a legally binding agreement with the Service Provider, subject to the following terms and conditions:
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to photography education by means of seminar, consulting, coaching, and/or business-coaching (the “Program”).
(b) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.
(c) Parties agree that the Program is in the nature of coaching and education.
(d) The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program.
(e) Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
(a) Client agrees to pay fees to the Service Provider according to the payment schedule set forth on Service Provider’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(b) Service Provider shall charge a 4% (four percent) late fee on all outstanding balances not paid by the date or dates as agreed between the parties.
(a) Upon execution of this Agreement, Client agrees to pay to the Service Provider the full amount of the Fee.
(b) If client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund, except where Service Provider’s statutory obligations mean that Client is entitled to either a full or partial refund.
(c) If Service Provider is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged then a refund for that portion only of the Program will be made to Client.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, coaching sessions, or otherwise. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
5. Intellectual Property Rights
In respect of the documents specifically created for the Client as part of this Agreement, the Service Provider maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Service Provider to the Client, nor grant any right or license other than those stated in this Agreement.
6. Disclaimer of Warranties
The Services provided to the Client by the Service Provider under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.
8. Dispute Resolution
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Kennewick, Washington. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Sate of Washington, regardless of the conflict of laws principles thereof.
10. Disclaimer of Warranties
Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.Terms