Terms of service.
Entire Agreement This agreement contains the entire understanding between Sterling Rose Art and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and signed by all parties involved.
Payment & Prices All Package costs are as stated at the time of booking & will remain once booking is confirmed. 50% of contract amount is due at the time of booking unless otherwise stated. Upon your purchase, Sterling Rose Art will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the 50% payment is non-refundable.
Reschedule Clients may reschedule with a minimum of 14 days notice of service date and incur any travel cost for Sterling Rose Art associated with the rescheduling process.
Torrential Weather If the weather is torrential and Photographer determines shoot is not possible, the session will be rescheduled for another day.
Photography
Requested Coverage Sterling Rose Art will honor requested photographs but does not guarantee any specific photographs.
Artistic Style Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. Photographer reserves the right to artistically interpret how to photograph a scene. This may mean that some shots are color and some may be black and white.
On-line Gallery Client images will be ready for viewing in a password-protected web gallery within 4 weeks after your session date. The web gallery will be online for two weeks to review images and download. Once the web gallery expires, there is a $25 fee to re-activate the web gallery for one week.
Client is solely responsible for maintaining the confidentiality of the password associated with their online gallery. Sterling Rose Art uses reasonable measures to protect the client’s gallery. Sterling Rose Art is not responsible or liable for any third party access. Client agrees to immediately notify Sterling Rose Art of any unauthorized use of the gallery or passwords or any breach of security, and accept all risks of unauthorized access.
Cooperation & Physical Liability All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.
Copyright & Reproductions Sterling Rose Art owns the copyright of all photos and videos taken during the session and will provide a print release to the client for their own personal reproduction.
Sterling Rose Art maintains the irrevocable and unrestricted right to use and publish photographs and/or videos of the client for editorial, trade, advertising, and any other purpose and in any other manner of good taste. The client releases Sterling Rose Art from all claims and liability relating to said photographs/videos.
It is against the law to copy, scan, download, print, email, or reproduce the images and videos from the session in any way without written permission. The client will not sell or give their images or videos to third parties for reproduction/publication in any medium under any circumstances without the express and written consent of Sterling Rose Art. Unauthorized use of images or original artwork is an infringement of copyright laws and is punishable by law.
Limit of Liability In the unlikely event that the Photographer cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Breathwork & Energy Healing
Breathwork and energy healing often involves powerful emotional and physical release. It’s a deep and powerful form of self-exploration, healing and transformation. The client understands that if he/she have any reservations about breathwork or energy healing due to a physical or mental condition that he/she will contact a physician or therapist for professional advice.
The client understands and assume full responsibility for their own physical, emotional and mental health and hold harmless Sterling Rose Art and its agents from any physical, emotional and/or mental damage that may be attributed to Breathwork, energy healing or the session.
The client agrees to hold Sterling Rose Art and its agents from any and all loss, liability, injury, damage or cost which may arise out of or in connection with participation healing or creative services.
The client understands that healing and creative services is not the to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. The client will seek independent professional guidance for legal, medical, financial, business, spiritual, or other matters.
The client understands that all the decisions in these areas are exclusively theirs and acknowledge that their decisions and actions regarding them are their sole responsibility.
Miscellaneous
A) Limitation Of Liability. Attendee agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Attendee releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Attendee accepts any and all risks, foreseeable or unforeseeable.
Attendee agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Attendee knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Attendee may sustain as a result of participating in this Program.
Attendee further declares and represents that no promise, inducement or agreement not herein expressed has been made to Attendee to enter into this release. The release made pursuant to this paragraph shall bind Attendee’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the case that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Attendee, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Company is committed to providing all Attendees in the Program with a positive Program experience. Attendee agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Attendee’s access to Program without refund or forgiveness of monthly payments if Attendee become disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Attendee will still be liable to pay the total contract amount.
E) Indemnification. Attendee shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Attendee shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Attendee recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Attendee, Attendee is responsible for any and all arbitration and attorney fees.
G) Equitable Relief. In the case that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email.
I) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Attendee.
BY PURCHASING THIS SERVICE, THE PARTICIPANT HAS READ AND AGREES TO THE WORKING AGREEMENTS ABOVE.