Event services Agreement
This Event Services Agreement (“Agreement”) is entered into as of the registration date by and between the undersigned service provider, (“Contractor”), which term shall include photographers, models, makeup artists, and any other participating service providers, and Wonderland Photography Studios, LLC (the “Company”), concerning Contractor's provision of services at an event held at the Company’s photography studio located at 340 Martin Luther King Blvd, Savannah, Georgia 31401 (the “Studio”) on the previously agreed date and time (the “Event Period”).
Upon acceptance of the terms of this Agreement, Contractor agrees to perform services and adhere to the following conditions while present at the Studio during the Event Period.
Compensation and Engagement: The Company agrees to pay the Contractor the previously agreed upon price (the “Service Fee”). The Service Fee shall be paid to the Contractor promptly upon completion of the services or as otherwise agreed in writing.
Expectation of Service: The Contractor agrees to provide the services for which they are engaged in a professional manner and within the arranged Event Period. The Contractor is responsible for bringing any necessary equipment, props, etc., and ensuring that they are removed from the Studio unless otherwise agreed in writing by the Contractor and the Company.
Terms of Conduct: The Contractor agrees that their presence in the Studio is at their own risk. The Contractor understands that the Studio is located in an older building and that the stairs are smaller and may be more hazardous than those in newer buildings. The Contractor agrees to indemnify and hold the Company along with their successors, assigns, employees, owners, investors, managers, and affiliates harmless from any damages that may result from any harm or other damage which occurred in the Studio. The Contractor represents and warrants that this release has been communicated to each of their guests prior to the Event Period and that each guest understands the terms herein. The Contractor agrees to leave the Studio and adjacent grounds in the same condition as they were when the Contractor arrived. The Contractor agrees to hold harmless the Company, its owners, agents, representatives, and contractors acting on its behalf for any loss, accident, or injury to themselves or anyone who accompanies them while on our premises. The Contractor is solely responsible for the safety and well-being of any models they engage. The Contractor agrees to be solely responsible for the conduct and welfare of all persons accompanying them while on the premises. The Contractor agrees to respect the Studio and Company’s employees. The Contractor understands that the Company has the right to observe the Contractor’s session in person or with security cameras of all public, non-private, spaces in the Studio. The Contractor understands that if the Company observes dangerous, negligent, pornographic, or illegal activities being engaged in, or should there be any other reason the Company reasonably believes in its sole discretion the Event Period should terminate, then the Company reserves the right to stop the event and require the Contractor and their party to leave immediately; provided however, the Company assumes no responsibility to act in such cases. Should the Contractor’s Event Period be terminated in such an event, the Contractor shall not be entitled to a refund. The Contractor agrees to hold the Company, its agents, representatives, and anyone acting on behalf of the Company completely harmless from any action, legal or otherwise, that results from the Contractor’s conduct. The Contractor is solely responsible for verifying that all models employed during the Contractor’s event period are of legal age for the activities they are to be engaged in. The Contractor agrees that the Company reserves the right to require a Company representative to be present in the studio at all times Contractors are using it.
Use of Media and Intellectual Property Rights: The Contractor retains the rights to any images or media they capture during the event. The Company is granted a royalty-free, perpetual license to use any images or media captured by the Contractor for promotional purposes. The Contractor agrees to provide the Company with a selection of images for such use in a timely manner after the event.
Arbitration: If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claim to binding arbitration subject to the commercial arbitration rules of the American Arbitration Association. This arbitration will take place in Savannah, Georgia. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the American Arbitration Association, that they will faithfully observe this Agreement and the Rules, and that they will abide by and perform any award rendered by the arbitrator, and that a judgment of the court having jurisdiction may be entered on the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $5,000.00.
Miscellaneous: The Studio is not soundproof therefore Company makes no guarantees as to the quality of audio captured in the Studio. This Agreement incorporates the entire understanding and agreement between the Contractor and the Company. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The Parties have read this entire Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by and completed by the Contractor.
Severability: The parties agree that if any provision of this Agreement is held to be unenforceable, then the provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law or would eliminate its intent. If a provision is found to be unenforceable and cannot be modified in a way that preserves the intention of the parties at the point of execution of the agreement, that provision will be disregarded. Parties further agree that if any provision is disregarded or determined to be unenforceable, then this agreement and the remaining provisions of this agreement will remain in effect and enforceable as written.
Headings: Section and other headings contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision of this Agreement.
Governing Law: The laws of the state of Georgia shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights.
Waiver of Jury Trial: Parties irrevocably waive to the extent permitted by law all rights to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement.
By selecting the checkbox on the previous screen, Contractor acknowledges that they have seen and accept the condition of the Studio, agree to its rental, and agrees to be bound by the terms of this Agreement.