Thank you for choosing AFLD Studio to help elevate your brand and its needs. I am excited to work with you and to help you create storytelling content for your brand that your audience will love to engage with, bring in more income, and elevate your brand. But before we can get to the fun stuff, we have to get some things on paper.
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Below you will find our service contract agreement which will outline our professional relationship, responsibilities, obligations, and expectations so that nobody in this relationship is confused or disappointed due to any misunderstanding or miscommunication. So, go ahead, read through it, sign on the dotted line, and we can begin making magic together.
Please do not hesitate to let us know if you have any questions. We’re looking forward to working together.
After signing, you can return go to the final booking page and make this for real.
AFLD STUDIO
NEW CLIENT SERVICE AGREEMENT
In consideration of the agreement made, and the payments to be made by Client, the Parties agree to the following:
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OUR RELATIONSHIP
(a) You have officially booked your New Client Session once we have received both (1) a signed contract and (2) payment. Payment in full is required in order to reserve our services and your desired date(s). Following the completion of these two items, we will make the arrangements necessary to begin rendering services on your desired start date and to schedule our first Strategy Session.
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(b) Onboarding Session. During this initial session, we will meet via Zoom to discuss your client experience, content strategy & goals, specific timeline/schedule, and any other details you believe we need to be aware of. We will also inform you of any information we need to collect in order for us to begin our work.
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(c) Term of Relationship. Services will be rendered beginning on the date of your scheduled session. If the client decides to move forward with joining The Client List after the introductory session is complete, a separate agreement or addendum will be signed at that time.
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(d) Confidentiality. Both Client and Company acknowledge and agree that any information, proprietary or otherwise, relating to the other party’s business that is not known to the public is to remain strictly confidential. Neither party will disclose such information to third parties without prior written consent.
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The personal, business, and operating practices of both parties shall not be made public by either party on any website, online forum, social networking site, message board, or any other public media without the express, written consent of both parties.
PAYMENT STRUCTURE & SCHEDULING
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(a) Booking An Appointment. A 50% non-refundable deposit is required to reserve the date and time of any photography appointment. Company will reserve the time and date agreed upon, and will not make any other reservations for the exact time and date. The remaining balance is due 7 days prior to the scheduled date. For this reason, your deposit is non-refundable and non-transferable. Payment is processed electronically via a secure processor. Any issues with payment should be communicated to Company via e-mail (info@afldcreative.com) immediately.
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(b) Cancellation. If the Client wishes to cancel any scheduled appointment for any reason, your initial deposit will be non-refundable. You will be offered a courtesy reschedule that fits with both schedules. The company requests a written cancellation at least 72 hours in advance of the scheduled appointment.
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c) Rescheduling. To reschedule any scheduled appointment, Client agrees to submit a written request to reschedule at least 5 business days prior to the scheduled appointment date and upon approval of the request, the client will be responsible for payment of 25% of the initial appointment cost. If the Client submits a request to reschedule and Company is unable to accommodate the request, Client will be given the option to cancel and forfeit the deposit or continue the original scheduled appointment date and time.
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If the request to reschedule is approved, the rescheduling fee will be charged and the new appointment date will be scheduled. An appointment can only be rescheduled one time. If the client is unable to make the new appointment date, the appointment will be canceled without a refund and a new deposit will be required for another appointment.
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(b) Late/Failed Payment Policy. If payment is not made in a timely manner by Client, Company will not continue any scheduled services or release any photos until the payment is made. Client agrees to communicate with Company if Client cannot submit payment.
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(c) Refund Policy. Client understands that due to the nature of the services provided, no refunds can be made. If Client has concerns about the services rendered during the time Company and Client are working together, Client agrees to communicate with Company in writing via email and provide Company an opportunity to address the concerns. Client agrees to not initiate payment disputes through Client’s banking institution.
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Client agrees to not initiate any payment disputes at any time to Company’s account through Client’s financial institution. If Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on chargebacks and any collection fees associated with such an event.
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CLIENT’S RESPONSIBILITIES
(a) Reviewing Photos: If your approval is requested on certain materials, Client agrees to review the photos and content produced and to provide feedback and/or approval in a timely manner. For purposes of this Agreement, a response should be provided within 48 hours of receipt. If no response is provided, Company will understand this to mean that Client grants Company permission to make the photo selections on their behalf.
(b) Providing Materials & Creating Content. You agree to provide us with the information and files that we’ll need to work our magic, including any information regarding photo usage (Instagram stories, in-feed posts, blog posts, course header, etc), planned out content and/or captions, brand partnership briefs, website placement for photos, or additional information/files needed to help capture your visuals for your intended use. Company is able to assist with any clarity questions to help capture your visuals however, the Client is fully responsible for planning, posting, and executing their own content and captions.
(c) Expenses. Any additional expenses incurred or required in order to render services will be billed directly to the Client and are not included in the monthly/contracted fee. For example, if Client requests that Company book an Airbnb, photography studio or etc for photo purposes, that expense will be charged to the Client’s payment method on file, and/or Client will receive an invoice or receipt via e-mail for these charges.
(d) Tardiness/Late Policy: Client agrees to be on time or early to schedule photo shoots. Company extends a 15 minute grace period for all sessions excluding Mini Sessions. After 10 minutes the appointment will be canceled without a refund of the deposit. There will not be a grace period for Mini Sessions due to the speed of the session if you’re late, the session will be canceled without a refund of the deposit.
TIMELINE + DEADLINES
We understand timelines and deadlines are important in order for you to reach your brand goals. That’s why we do our best to communicate with you clearly and commit to our turnaround times.
(a) Commitment. We will do our best to meet each milestone/deadline which is set in advance. As we all know, sometimes things happen. In the unlikely event that we are unable to meet a deadline, we will notify you via e-mail in advance and will provide you with an updated timeline and date of expected completion.
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COMMUNICATION
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Communication in our relationship is of the utmost importance. When our relationship begins, it is vital for both parties to stay in contact and respond to e-mails promptly (within 24-48 hours). All communication will take place via e-mail. If there will be a time that either the Client or Company will be unavailable (vacation, illness, etc.), that needs to be communicated and a check-in date established.
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(a) Let’s Chat: The best way to reach us is via e-mail: hello@marricaevans.com
Social media should not be considered a reliable form of communication for purposes of this Agreement.
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(b) Hours of Operation: Company is available for email communication from 10:00 AM to 5:00 PM CST, Monday through Friday. E-mails are welcomed during these hours. Communications received outside of business hours will be acknowledged as soon as the next business day. Exceptions may be made at the discretion of Company in unique or emergency situations.
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TECHNICAL SUPPORT
Delivery of Digital Data. Deliverables (photos from your session) will be made available to Client via an online gallery. Client agrees to keep these files somewhere safe. Company is not required to keep a copy of these files for longer than thirty (30) days after delivery of the files or after the termination of this agreement.
INTELLECTUAL PROPERTY
(a) Visual Content. Company expressly grants a license in the commercial use of the copyrighted works produced together, specifically, photos created by Company under the Agreement.
(b) License to Client. As our client, you are provided a commercial license for the use of the content produced during our work together. As our Client, you have a license to:
• Reproduce the content for purposes of digital and online marketing within the same company and for identical services listed in this Agreement.
(c) Limitations on Usage. As indicated, the license provided to you, while vast, does come with some limitations:
• Client cannot sell or sub-license Company’s photos to a 3rd party for print (i.e., selling photos to another entity to print in a magazine, store or billboard, regardless of monies exchanged, to permit others to use content for commercial print purposes, or directly profit from the content in any way outside of the digital or online use).
• Client cannot imply anyone other than Company produced the photos. If photos are provided to any media outlet, Company must be given photography credit.
• Client cannot use the designs or content to slander or otherwise damage Company or owners and/or representatives of the Company personally.
(d) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. This agreement is not transferable or assignable without the Company’s prior written consent.
MISCELLANEOUS
(a) Transferability. Client cannot transfer this contract to any other entity or individual. Any potential transfer may only take place with the written permission of Company.
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(b) Client Features. Company may decide to feature Client as part of its Portfolio, on its website, social media channels, etc. Client agrees to allow Company to share its likeness and general success unless otherwise agreed to by the Client. Company agrees to maintain the confidentiality of any and all confidential information.
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In the event that this relationship is improperly terminated prior to the completion of the project, Client will be provided access to the completed/incomplete work upon receiving payment of the remaining amount due under the contract. Client agrees that he or she is entitled to no refunds under this Agreement.
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(d) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.
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This Services Agreement (Agreement) is made and entered into by and between Client listed below and AFLD Creative, LLC (“Company”) of Memphis, Tennessee, 38103.
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