Senior Representative Agreement
1. Positions. This Contract is between the Senior Graduate Representative, and the parent and/or legal guardian of the same, whose name and address is listed above, and Tess J Photography. The term Client shall include the Senior Graduate Representative and the parent and/or Legal Guardian(s).
2. Duration. The effective term of this Contract will begin upon execution of this Contract by the Senior Graduate Representative, Legal Guardian and the Photographer. This Contract shall conclude upon the Client’s completion of duties under the Contract and/or the Senior Graduate Representative’s of August 31, 2016.
3. Consideration. The Senior Graduate Representative shall receive one discounted, senior portrait by June 15 2016 in exchange for:
*Client agrees to post images from session to social media a minimum of 4 times from the time of the session until August 31 2016.
*Client may use social media services such as Instagram, Facebook, Snap Chat, and others using the #tessjphoto #tessjphotography #tessjseniors #tessjrep
*Client may post the images as often as he/she likes.
4. Adult Presence. The parent and/or legal guardian of the Senior Graduate Representative shall be present at official senior session. If a parent and/or legal guardian is not present, the Photographer shall not fulfill the requirements of the event.
5. Communications. The Senior Graduate Representative, parent and/or Legal Guardian shall respond to all communications by the Photographer in a timely manner. Failure to do so may result in dismissal from the Senior Representative program and shall release the Photographer from any further contractual obligations. For the purposes of this subsection, timeliness shall be defined as 5 business days.
6. Fulfillment of Duties. The Senior Graduate Representative shall fulfill all duties as outlined by this Contract. Failure to do to so shall result in dismissal from the Representation Contract and will constitute a material breach of this Contract. Upon dismissal after such breach, the Senior Graduate Representative shall be required to reimburse the Photographer for the remainder of the session fee of $350
7. Exclusive Relationship. The Photographer and Senior Graduate Representative relationship shall be an exclusive Contract and shall continue until expiration on the official high-school graduation of the Senior Graduate Representative. If the Senior Graduate Representative represents and/or engages another photographer for portraiture during the duration of the Contract, this shall constitute a material breach of this Contract and the Senior Graduate shall be liable for the Standard Price List valuation of all services and products received at time of breach of the exclusive relationship. Failure to remit these monies by the deadline provided by this Contract shall result in a collections and/or legal action against the parent and/or Legal Guardian.
8. Ethics. The Senior Graduate Representative shall refrain from committing any act while serving as a Senior Graduate Representative or in his/her private life, which shall constitute an offense involving moral turpitude under Federal, state, or local law. The Senior Graduate Representative shall not commit any act that will cause public hatred, contempt, scorn or ridicule or that will shock, insult, or bring disrepute to the Photographer, nor shall the Senior Graduate Representative engage in any immoral activity. Such acts and activities include but are not limited to substance abuse, school administration suspensions and/or dismissals, public indecency, and engaging in pornographic depiction. The Photographer retains discretion for the ethical standard required by the Senior Graduate Representative, parent and/or Legal Guardian as required under this subsection. Failure to do so may result in dismissal at the Photographer’s discretion from the Contract herein. If dismissed from the Contract pursuant to this subsection, the Senior Graduate Representative shall be liable for the Standard Price List valuation of all services and products received at time of breach to the exclusive relationship. Failure to remit this valuation to the Photographer shall result in a collection action against the parent and/or Legal Guardian.
9. Contract Incorporated by Reference. This Contract incorporates certain external Contracts and provisions by reference. These articles and clauses apply as if they were set forth in their entirety. The following Contracts and provisions are hereby incorporated by reference in their entirety: Senior Model Release.
10. Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between the Photographer and the Client. In entering into this Contract, and in providing services pursuant hereto, the contractor has and shall have the status of a Client and nothing herein contained shall contemplate or constitute an agent or employee relationship. Neither the Client nor the Photographer shall have any authority to bind the other in any way.
11. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited. A full refund will be given.
12. Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $_____. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
13. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
14. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 Contract. This Contract shall be governed by the laws of the State of Pennsylvania.
15. Attorney’s 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.
16. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.