2795 East Bidwell Street
Folsom, California 95630
This agreement is between [PARTICIPANT NAME], an independent contractor whose name and address appears above and Gino Creglia.
In exchange for adequate and valuable consideration, Participant agrees to these terms for the following Workshop as follows:
1. Position. The Instructor agrees to deliver the Participant a Workshop as a work-for-hire independent contractor providing Workshop services.
2. Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between Instructor and Participant. Further, this Workshop does not create a relationship beyond the confines of the Workshop.
3. Equipment. The Participant is responsible for providing all of the equipment of use with which to complete the Workshop unless agreed upon otherwise.
4. Confidentiality and Non-Disclosure. The Participant understands that all materials, including but not limited to, price lists, contracts, financial documents, agreements, and other information or documents that are given to them in the course of the Workshop are the exclusive property of the Instructor and are privileged and confidential information. The Participant shall not disclose, whether for compensation or not, the sensitive information obtained from the Instructor to anyone unless required to do so by law.
5. Transfers/Refunds. The Workshop fee is non-refundable. The Workshop fee may be transferred to another Participant subject to the approval of the Instructor. Transferring is the responsibility of the Participant.
6. Force Majeure. For purposes of the terms & conditions described in this document, Force Majeure shall mean a cause or event such as; war or the threat of war, riots, terrorist activity, civil strife, governmental acts, industrial disputes, labor strikes, injunctions, natural disasters, nuclear disaster, fire, or unfavorable or adverse weather conditions that is not reasonably foreseeable or otherwise caused by or under the control of the Instructor. Any delay or failure in the performance by the Instructor shall be excused if and to the extent caused by the occurrence of a Force Majeure.
7. Cancellation. The Instructor shall make every effort to give the Participant advanced notice of any changes. The Participant shall provide 60 days notice to the Instructor or shall forfeit the Workshop fee. If an assignment is canceled, the Instructor will give notice to the Participant as soon as practicable. The Instructor is not liable for damages incurred in reliance on this agreement.
8. Non-Compete. The Participant shall not compete as a photography Instructor or Workshop Instructor within one year of the completion date of this Workshop. The Non-Compete includes but is not limited to, in-person, online, forum-based instructing as well as digital products, whether for compensation or not. Further, the Participant shall not solicit photography business within 4000 miles of the Instructor’s principal place of business as reflected by the address herein.
9. Schedule. The Workshop schedule is subject to change, and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances.
10. Assisting. In the event, the Instructor helps the Participant during formal photographic events; the Participant shall possess the responsibilities of an assistant. No monetary compensation shall be provided to the Participant. All compensation for fulfilling assistant duties shall be delivered through the education provided within the confines of the outlined Workshop. Assistant responsibilities include, but are not limited to, equipment retrieval, equipment adjustments (including lights, reflectors, etc.) and other duties as necessary. The Instructor shall conduct themselves with professional courtesy, including but not limited to, refraining from drinking, eating, smoking, and only speaking when addressed by Instructor.
11. Recordings. The Participant shall not capture the Instructor's session in any capacity, including but not limited to, voice recording, tape recording, photography, etc.
12. Photographic Materials. In the event the Workshop includes the practicing of photography on models, the Participant SHALL be allowed to publish the photographs as their original work.
All photographic materials obtained in the course of the Workshop shall remain the copyright property of the creator per Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102.
13. Travel Insurance. The Instructor highly recommends you purchase travel insurance for the workshop and travel expenses. The Instructor is not responsible for cancellations due to medical emergencies or for reimbursement of non-refundable airline tickets, rental car or lodging in the event of a workshop cancellation.
14. Cooperative Attitude. The Participant shall retain a cooperative attitude throughout the Workshop. At any time the Participant acts uncooperative the Instructor shall terminate the Workshop and retain all Workshop fees. All unpaid Workshop fees shall be remitted to the Instructor within 30 days of contract termination or be subject to legal action. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Instructor or a third party about the Workshop.
15. Waivers. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.
16. Indemnification. The Instructor shall be held harmless for all injury to Participant and Participant’s business and equipment during the Workshop and the immediately surrounding events.
17. Governing Law and Choice of Venue. This Agreement shall be governed by the laws of Sacramento County, California without regard to its conflicts of law provisions. The parties may bring an action concerning this Agreement only in the state and federal courts for California.
18. Attorney Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
19. Miscellany. This Agreement incorporates the entire understanding of the parties. 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. This Agreement shall be governed by the laws of the State of California.
20. Resolution. The Participant shall first approach the Instructor as to any issues related to the Workshop. Failure to do so will result in termination of the Workshop and forfeiture of all Workshop fees. All unpaid Workshop fees shall be remitted to the Instructor within 30 days of contract termination or be subject to legal action.
21. Entire Agreement. This Agreement contains the whole agreement between the parties on its subject matter and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.