1-HOUR ONLINE MENTORSHIP

 

This agreement is between THE MENTEE, an independent contractor and JEN BERTRAND PHOTOGRAPHIE, LLC.

 

In exchange for adequate and valuable consideration, Mentee agrees to these terms for the following mentorship as follows:

 

A one-time, one-hour online mentorship to take place via Google Hangouts. The subject(s) covered in and full scope of the mentorship will be agreed upon by the Mentor and Mentee prior to the agreed upon date of the mentorship.

 

Terms and Conditions

 

1. Position.  The Mentor agrees to deliver the Mentee a mentorship as a work-for-hire independent contractor providing mentorship services.

2. Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between Mentor and Mentee.  Further, this mentorship does not create a relationship beyond the confines of the mentorship. Any advice given by Mentor is from personal experience and is not a substitute for legal advice. The information provided in this mentorship is not legal advice, but general information on legal issues commonly encountered. The Mentor is not a law firm and is not a substitute for an attorney or law firm. Communications between you and the Mentor are protected by our Privacy Policy, but are not protected by the attorney-client privilege or work product doctrine. The Mentor cannot provide legal advice and can only provide self-help services at your specific direction; The Mentor cannot provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

3. Equipment. The Mentee is responsible for providing all of the equipment of use with which to complete the mentorship unless agreed upon otherwise.  Equipment required includes DSLR(s), lens(es), laptop/computer, chargers, batteries, memory cards and any and all software required for post-processing and/or storing/delivery of images. This also includes any membership fees required for the use of Google Hangouts or other virtual video conferencing software through which the mentorship may be conducted.

4. Confidentiality and Non-Disclosure.  The Mentee 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 mentorship are the exclusive property of the Mentor and are privileged and confidential information.  The Mentee shall not disclose, whether for compensation or not, the confidential information obtained from the Mentor to anyone unless required to do so by law.

5. Transfers/Refunds.  The mentorship fee is non-refundable.  The mentorship fee may be transferred to another mentee subject to the approval of the Mentor.  Transferring is the responsibility of the Mentee.

6. Cancellation. The Mentor shall make every effort to give the Mentee advanced notice of any changes.  The Mentee shall give 48 hours notice to the Mentor or shall forfeit the mentorship fee.  In the event that an assignment is cancelled, the Mentor will provide notice to the Mentee as soon as practicable.   Mentor is not liable for damages incurred in reliance on this agreement.

7. Non-Compete.  Mentee shall not compete as a photography mentor or mentorship Mentor within 1 year of the completion date of this mentorship.  This includes, but is not limited to, in-person, online, forum-based mentoring as well as digital products, whether for compensation or not.   Further, Mentee shall not solicit, persuade, influence, or induce, or attempt to solicit, persuade, influence, or induce, any customer (“Customer”) of Mentor to cease or materially alter such Customer’s business or commercial relationship with Mentor to Mentor’s detriment.

8. Schedule.  The mentorship schedule is subject to change and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances. 

9. Mentee Preparation.  The mentee is required to have basic working knowledge of their DSLR and lenses in manual mode, unless agreed upon otherwise.  The Mentee shall complete and submit any assigned pre-work to the Mentor at least 72 hours prior to the mentoring session(s).  Failure to adequately complete and/or submit assigned pre-work will result in forfeiture of the mentoring session.

10. Recording.   The mentee shall not capture the mentoring session in any capacity, including but not limited to voice recording, tape recording, photography, etc.  The Mentor does allow for behind-the-scenes still-photography to occur. 

11. Photographic Materials.  In the event the mentorship includes practicing of photography editing techniques on/with practice images/files, the Mentee shall NOT be allowed to publish the photographs as their own original work. All photographic materials obtained in the course of the mentorship shall remain copyright property of the creator per Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102.

12. Cooperative Attitude.  The Mentee shall retain a cooperative attitude throughout the course of the mentorship.  At any time the Mentee acts uncooperative the Mentor shall terminate the mentorship and retain all mentorship fees. All unpaid mentorship fees shall be remitted to the Mentor within 1 day of contract termination or be subject to legal action.  Cooperation includes, but is not limited to, online and in-person decorum whether directed at Mentor or a third party in reference to the mentorship.

13. 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.

14. Indemnification. The Mentor shall be held harmless for any and all injury to Mentee and Mentee’s business and equipment during the course of the mentorship and the immediately surrounding events.

15. Release. As further consideration for Mentor providing Mentee access to the Confidential Information and disclosing the Confidential Information to Mentee, Mentee does hereby fully RELEASE, WAIVE and INDEMNIFY (i) Mentor and (ii) Mentor’s partners, shareholders, directors, officers, members, managers, employees, consultants, and agents, and their successors and assigns (“Released Parties”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, COSTS, JUDGMENTS, SUITS, DEMANDS, LOSSES AND/OR OBLIGATIONS AND EXPENSES OF ANY KIND, WHETHER ARISING OUT OF CONTRACT, TORT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, PERSONAL OR BODILY INJURY, DEATH, OTHER ECONOMIC LOSS OR DIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OR THE ACTIVITIES OR TREATMENT OF ANY INJURY, WHETHER CAUSED, IN WHOLE OR PART, BY THE NEGLIGENCE OF, OR OMISSION BY (INTENTIONAL OR OTHERWISE) MENTOR AND/OR ANY RELEASED PARTY OR OTHERWISE. THE RIGHT OF INDEMNITY SHALL EXIST IN FAVOR OF MENTOR AND THE RELEASED PARTIES EVEN IF THEIR NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL CONDUCT AND/OR STATUTORY OR COMMON LAW FAULT CAUSED OR CONTRIBUTED, IN WHOLE OR IN PART, TO THE CLAIMS, LIABILITY OR DAMAGES RELEASED HEREIN. MENTEE HEREBY WAIVES ANY RIGHT TO SUE FOR THE CLAIMS RELEASED HEREIN. Mentee agrees that this Agreement may be treated as a complete defense to any action or proceeding that may be brought, instituted, or taken by or on behalf of Mentee in any way, arising out of this Agreement.

16. Arbitration.  Any controversy or claim arising out of or relating to this agreement, 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 Mentor’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 $100.   In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

17. Attorney Fees. If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, 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.

18. 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 Texas.

19. Resolution.  Mentee shall first approach Mentor as to any issues related to the mentorship.  Failure to do so will result in termination of the mentorship and forfeiture of all mentorship fees.  All unpaid mentorship fees shall be remitted to the Mentor within 1 day of contract termination or be subject to legal action.