Memories by Michelle's Boudoir Brand Ambassador Agreement
As a Brand Ambassador I agree to the following:
I understand the duration of this agreement is 6 months from the time I accept the position.
Payment/Service
In exchange for the Brand Ambassador being a voice and actively promoting PHOTOGRAPHER, PHOTOGRAPHER will provide:
By signing/accepting this agreement, THE Ambassador acknowledges that he/she has read it in its' entirety and is signing of their own free will. THE Ambassador understands all Terms and Conditions and accepts responsibility for signing said agreement. Failure to follow the terms of this contract will result in immediate removal from the Brand Ambassador program and will result in a minimum charge of $500 per boudoir session they have had. THEREFORE, the parties state, by their own free will, that they have read and accepted all of the Terms and Conditions stipulated in this Contract, including:
Force Majeure:
PHOTOGRAPHER shall not be liable for its failure to fulfill its obligation under this Agreement, if such failure is due, but not limited to; an act of God, extreme weather conditions, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil commotion, act of public enemy, rule of any government or governmental instrumentality (whether federal, state, local or foreign), failure of technical facilities, failure or delay of transportation facilities, or any other cause of a similar or different nature not reasonably within reasonable control.
Limitation of Liability:
PHOTOGRAPHER DOES NOT MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE AMBASSADOR, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, OR PRODUCTS. IN NO EVENT SHALL THE PHOTOGRAPHER BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES INCLUDING, BUT NOT LIMITED TO, LOST MONIES.
THE AMBASSADOR further relieves PHOTOGRAPHER 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 Third Party against THE AMBASSADOR arising out of any actions of THE AMBASSADOR and/or other Third Parties during the Contract with PHOTOGRAPHER; Any and all claims, demands or actions which may hereinafter or at any time be made or bought against PHOTOGRAPHER by any person or entity who has made, or agreed to make payments on THE AMBASSADOR'S behalf for any medical expenses or any other obligations incurred by THE AMBASSADOR as a result of property damage, bodily and personal injuries, illness, paralysis and or death to THE AMBASSADOR or any members of THE AMBASSADOR'S family arising out of PHOTOGRAPHER'S activities.
This Agreement constitutes the entire agreement between THE AMBASSADOR and PHOTOGRAPHER with respect to the provision of the Services, and takes precedence over all prior oral and written Agreements and discussions with respect to the subject matter, and, except as specifically set forth herein, there are no other Agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter. Neither party can modify or amend this Agreement unless such modification and amendment is in writing and is signed and agreed upon by both parties.
THE BRAND AMBASSADOR acknowledges that he/she cannot assign or transfer this Agreement or the rights and obligations contained herein to any person or entity without the written consent of PHOTOGRAPHER. No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other similar right of any kind to any person or entity which is not a contracting party to this Agreement. 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.
IN NO EVENT WILL THE PHOTOGRAPHER, 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 OR EMPLOYMENT, LOST PROFITS OR LOST SAVINGS, EVEN IF THE EMPLOYER OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL THE EMPLOYER 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 EMPLOYEE.
I, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBILITIES, AND RELEASES THERIN, BY SELECTING THE ‘CHECK’ BLOCK ABOVE AND SUBMITTING I HAVE AGREED TO ALL TERMS AND REQUIREMENTS AND WILL POSITIVELY PROMOTE PHOTOGRAPHER.
I understand the duration of this agreement is 6 months from the time I accept the position.
- I will actively promote Memories by Michelle’s Boudoir, hereinafter referred to as “PHOTOGRAPHER” exclusively and will not represent, promote or share images taken by another boudoir photographer.
- Give positive reinforcement to the other women inside and out of the Boudoir Group;
- Promote boudoir sessions with PHOTOGRAPHER on your personal social media at least once a week;
- Engage in PHOTOGRAPHER social media posts;
- Actively invite other women to join our Facebook Boudoir group;
- Encourage other women to book a session;
- Moderate the Facebook Boudoir group commenting and answering questions in the Boudoir group;
- Sign a model release for photos from sessions to be used in advertising for PHOTOGRAPHER;
- Under no circumstances speak or leave negative reviews or comments about PHOTOGRAPHER or any of their employees now or in the future.
Payment/Service
In exchange for the Brand Ambassador being a voice and actively promoting PHOTOGRAPHER, PHOTOGRAPHER will provide:
- (1) complimentary boudoir session ($450 value) within a 6 month contract. Hair/makeup with assistant is not included and is to be paid directly to said assistant.
- 25 images from complimentary boudoir session;
- Custom Brand Ambassador Representative cards with a unique referral code to distribute to friends & family;
- For every 5 people you refer that book a FULL session you will receive a $100 gift card for Memories by Michelle;
- 20% discount on Print and Product.
By signing/accepting this agreement, THE Ambassador acknowledges that he/she has read it in its' entirety and is signing of their own free will. THE Ambassador understands all Terms and Conditions and accepts responsibility for signing said agreement. Failure to follow the terms of this contract will result in immediate removal from the Brand Ambassador program and will result in a minimum charge of $500 per boudoir session they have had. THEREFORE, the parties state, by their own free will, that they have read and accepted all of the Terms and Conditions stipulated in this Contract, including:
Force Majeure:
PHOTOGRAPHER shall not be liable for its failure to fulfill its obligation under this Agreement, if such failure is due, but not limited to; an act of God, extreme weather conditions, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil commotion, act of public enemy, rule of any government or governmental instrumentality (whether federal, state, local or foreign), failure of technical facilities, failure or delay of transportation facilities, or any other cause of a similar or different nature not reasonably within reasonable control.
Limitation of Liability:
PHOTOGRAPHER DOES NOT MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE AMBASSADOR, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, OR PRODUCTS. IN NO EVENT SHALL THE PHOTOGRAPHER BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES INCLUDING, BUT NOT LIMITED TO, LOST MONIES.
THE AMBASSADOR further relieves PHOTOGRAPHER 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 Third Party against THE AMBASSADOR arising out of any actions of THE AMBASSADOR and/or other Third Parties during the Contract with PHOTOGRAPHER; Any and all claims, demands or actions which may hereinafter or at any time be made or bought against PHOTOGRAPHER by any person or entity who has made, or agreed to make payments on THE AMBASSADOR'S behalf for any medical expenses or any other obligations incurred by THE AMBASSADOR as a result of property damage, bodily and personal injuries, illness, paralysis and or death to THE AMBASSADOR or any members of THE AMBASSADOR'S family arising out of PHOTOGRAPHER'S activities.
This Agreement constitutes the entire agreement between THE AMBASSADOR and PHOTOGRAPHER with respect to the provision of the Services, and takes precedence over all prior oral and written Agreements and discussions with respect to the subject matter, and, except as specifically set forth herein, there are no other Agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter. Neither party can modify or amend this Agreement unless such modification and amendment is in writing and is signed and agreed upon by both parties.
THE BRAND AMBASSADOR acknowledges that he/she cannot assign or transfer this Agreement or the rights and obligations contained herein to any person or entity without the written consent of PHOTOGRAPHER. No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other similar right of any kind to any person or entity which is not a contracting party to this Agreement. 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.
IN NO EVENT WILL THE PHOTOGRAPHER, 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 OR EMPLOYMENT, LOST PROFITS OR LOST SAVINGS, EVEN IF THE EMPLOYER OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL THE EMPLOYER 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 EMPLOYEE.
I, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBILITIES, AND RELEASES THERIN, BY SELECTING THE ‘CHECK’ BLOCK ABOVE AND SUBMITTING I HAVE AGREED TO ALL TERMS AND REQUIREMENTS AND WILL POSITIVELY PROMOTE PHOTOGRAPHER.
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