Portrait Experience Terms & Conditions
As required, MADEGRANDBYCAM (hereafter “MGXC”) booking confirmation form, containing the specific terms of the booking, must be signed and returned by the Client and the signed booking confirmation form together with these Portrait Experience Terms and Conditions shall form the agreement between the parties relating to each booking.
The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions and they shall apply to and govern the booking between MGXC and the Client. For the purposes of this agreement, the Model (the Subject or likeness to be photographed, filmed, sound recording, or otherwise stored electronically for the purpose of the Creative Experience) is hereafter known as the Client.
Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless MGXC has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has been included on the booking confirmation form.
In the event of any inconsistency or contradiction between these terms and conditions and the booking confirmation form, the terms set out in the booking confirmation form shall prevail.
I. PORTRAIT EXPERIENCE RESERVATION BOOKING FEE
Portrait Experience Terms and Conditions includes a non-refundable Creative Retainer. The Creative Retainer is secured during the online booking to reserve the appointment for your Portrait Experience. Please note, the Creative Retainer serves as the cancellation fee. The Creative Retainer is 50% of the value of the creative experience. You have the option to pay in full at that time of your reservation. However, all remaining balances are due prior to the time of your creative experience.
II. DAILY/HOURLY RATE
Booking fees are charged by the day or by the hour, or on an alternative basis as notified to the client by MGXC (for example, a set fee for a content marketing package) and details are set out in the booking confirmation form.
A ‘day’ is an 8-hour period between 9am and 6pm (9am – 5pm or 10am – 6pm). An extra hour between 9am and 6pm is charged at the normal rate – the appropriate overtime rate is charged before 9am and after 6pm. Overtime is charged at one-and-a-half times the hourly rate. Saturdays are charged at one-an-a-half times the hourly rate and Sundays or Bank holidays are charged at double the hourly rate.
Any booking which is over 5 hours will be charged at the day rate as set out in the booking confirmation form.
III. ADDITIONAL EXPENSES
All expenses incurred by MGXC on the Client’s behalf will be charged to the Client and will include an uplift of 12.5% of the total amount of the expenses.
IV. SALES TAX
All sums payable under these terms and conditions are exclusive of Sales Tax and any other similar or equivalent taxes or duties which shall be payable in full (where applicable) without set off by the Client.
IV. PAYMENT TERMS AND CONDITIONS
All creative experiences and Portrait Print Collections can be paid via cash, check, PayPal, Visa, MasterCard, Discover, or American Express. Please note: payments by check must clear the client’s bank before the Portrait Experience can commence. Any uncleared check payments will have an additional service charge of $75 assessed to the client invoice.
1. Cancellation of booking by the Client
a. Portrait Experience Terms and Conditions requires all appointment cancellations to occur 72 hours prior to the creative experience. The Client may cancel the session electronically through the Reservation Confirmation Page or request to reschedule the creative experience. Any cancelations within the 72-hours prior to the creative experience will automatically forfeit the Creative Retainer.
2. Cancellation of booking by MGXC
a. Should MGXC want to cancel a booking then it shall use reasonable endeavors to provide the Client with reasonable notice, take steps to offer to the Client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.
In any event MGXC shall be entitled to cancel a booking at any time and for any reason prior to the the booking date without liability to the Client and the Client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and MGXC shall not be liable to the Client for any costs incurred as a result of such cancellation.
If the Client cancellation is completed 72 hours prior to the creative experience, The Client has the option to reschedule. The Creative Retainer will be applied to the next available appointment date.
Clients are responsible for the provision of all meals and beverage requirements of the Client (taking into account dietary requirements) on all bookings.
VIII. CLIENT CARE AND SAFETY
- MGXC shall ensure that the client is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and wellbeing of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
a. ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the client to receive the services in compliance with all health and safety standards, regulations, codes and laws;
b. allowing the Client to take suitable and regular rest periods, to ensure the Client is able to maintain suitable amounts of rest and refreshment whilst participating in the creative experience;
c. ensuring that all of the people and organizations which are engaged by the Client in relation to the delivery of the services are suitably qualified, experienced and professional;
d. ensuring that no one imposes upon the Client any action or activity which is either dangerous, degrading, unprofessional or demeaning to the Client;
e. providing the Client with an appropriate changing and dressing area to ensure that the Client can prepare for the provision of the services and also maintains his/her privacy.
- The client warrants and represents to MGXC that:
a. it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
b. the booking form is executed by a duly authorized representative of the Client;
c. it will take all steps necessary to ensure that the Client is protected and treated in accordance with all applicable laws, good industry practice and section VIII above;
d. it has all necessary permits, licenses and consents to enter into and to perform its obligations under these terms and conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law or health and safety requirements in effect from time to time); and
e. it will promptly disclose to MGXC in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable MGXC to ensure that the Client is suitably prepared and able to participate in the creative experience.
2. The Client shall indemnify MGXC and keep MGXC indemnified against all costs, expenses, damages and losses suffered or incurred by MGXC (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:
a. any breach by the Client of these terms and conditions, including but not limited to, any breach by the Client of Section V of these terms and
b. any claim brought by a third party against MGXC in circumstances where, as a result of the Client’s acts or omissions, the distribution of images, in whatever form, outside of the agreed territory and in breach of these terms and conditions has caused MGXC to be in breach of the terms of an exclusive agreement with such third party; and
c. any breach by the Client of any applicable laws and regulations including but not limited to any breach of applicable health and safety or employment laws and regulations as amended from time to time.
X. COMPLAINTS AND DISCLAIMER
Any cause for complaint must be reported to MGXC by the Client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst MGXC will use reasonable endeavors to ensure that the Client receive a satisfactory and efficient services, as the agent, MGXC cannot be held responsible for a Client conduct or behavior whilst delivering the services and in this regard MGXC shall not be held liable for any costs, expenses or losses suffered as a consequence of the behavior or conduct of any Client.
XI. FORCE MAJEURE
MADEGRANDBYCAM shall not be liable to the Client for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by MGXC including without limitation fire, floor or catastrophe, acts of God, insurrection, viral outbreak, workforce action, war or riots, (an “Event of Force Majeure”) and MGXC’s obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.
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