CURATED IMAGE GROUP FULL TERMS AND CONDITIONS

This agreement between the undersigned company (hereafter “COMPANY”) and the undersigned client, (hereafter “CLIENT(S)”) governs the assignment (hereafter “SERVICES(S)” or “EVENT(S)”) described in the accompanying event contract, and along with these Terms and Conditions, constitutes the entire agreement between the parties concerning that assignment.

ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY 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, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable.  Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement. All correspondence in regards to this agreement will be done by the COMPANY with the CLIENT(S) via one or both of the aforementioned CLIENT email addresses only. The COMPANY declines any request to discuss this agreement via text message.

CANCELLATION OF EVENT/SERVICE or CHANGE OF HEART (FORCE MAJEURE): Once received, retainer fees and subsequent payments made by the CLIENT to the COMPANY is non-refundable. The COMPANY is under no obligation to refund any monies received, balance payment included, due to the aforementioned EVENT being postponed due to reasons including but not limited to injury, illness, death in the family, act of God, act of terrorism, Government mandated orders, venue cancellation, or any other cause beyond the control of either the CLIENT or COMPANY.  To terminate this agreement due to the cancellation of the EVENT and/or SERVICE for any reason, the CLIENT will be required to sign a ‘Notice of Event Cancellation’ provided by the COMPANY. The CLIENT is responsible for any and all cancellation fees associated with items purchased by the COMPANY in preparation for the original EVENT and/or SERVICE date (including but not limited to plane tickets and hotel deposits). Should the CLIENT fail to reimburse the COMPANY within 10 days of receipt of invoice, the COMPANY reserves the right to retain any monies already paid, not attend the EVENT(S), not complete SERVICES and take legal action to retrieve monies owed. Once a ‘Notice of Event Cancellation’ document has been signed by the CLIENT, the CLIENT has settled their reimbursement invoice with the COMPANY (if applicable), and the CLIENT is deemed to be in good standing with the COMPANY, only then may this agreement be terminated by the COMPANY due to an EVENT and/or SERVICE cancellation.

POSTPONEMENT OF EVENT/SERVICE (FORCE MAJEURE): Once received, retainer fees and subsequent payments made by the CLIENT to the COMPANY is non-refundable. The COMPANY is under no obligation to refund any monies received, balance payment included, due to the aforementioned EVENT being postponed due to reasons including but not limited to injury, illness, death in the family, act of God, act of terrorism, Government mandated orders, venue cancellation, or any other cause beyond the control of either the CLIENT or COMPANY. To terminate this agreement due to the EVENT and/or SERVICE being rescheduled for any reason, the CLIENT will be required to sign a ‘Notice of Event/Services Cancellation’ document provided by the COMPANY. The COMPANY does not guarantee availability for any rescheduled EVENT and/or SERVICE date(s). Should the COMPANY be available to provide services for the new EVENT and/or SERVICE date, the CLIENT will be required to sign a new EVENT/SERVICE agreement reflecting the new EVENT and/or SERVICE date, rate and terms and conditions. The COMPANY does not guarantee that they will extend the original contracted rate to the CLIENT for the rescheduled EVENT and/or SERVICE. The COMPANY reserves the right to quote EVENTS and/or SERVICES at the current base rate(s), a-la-carte rate(s), travel fee(s) and/or taxes. The CLIENT is responsible for any and all fees associated with the rescheduling of items purchased by the COMPANY in preparation for the original EVENT and/or SERVICE date (including but not limited to plane tickets and hotel deposits). The CLIENT will be required to settle their reimbursement invoice before contracting the new EVENT and/or SERVICE date with the COMPANY. Should the CLIENT fail to reimburse the COMPANY within 10 days of receipt of invoice, the COMPANY reserves the right to immediately terminate this agreement with no further obligation, retain any monies already paid, not attend the EVENT(S), not complete SERVICES and take legal action to retrieve monies owed. Once a ‘Notice of Event/Service Cancellation’ document has been signed by the CLIENT, the CLIENT has settled their reimbursement invoice with the COMPANY (if applicable), and the CLIENT is deemed to be in good standing with the COMPANY, only then may this agreement be terminated by the COMPANY due to an EVENT and/or SERVICE postponement.

SERVICE CONFIRMATION: Once a service is booked by the CLIENT, the CLIENT is required to confirm service with the COMPANY exactly 24hrs before the start date of the service booked. Should the CLIENT not confirm appointment with the COMPANY within the 24hrs, the CLIENT’S booking will be cancelled and half of the service fee will be refunded to the CLIENT. The remaining half of the service fee is reserved to the COMPANY and non-refundable.

CONSULTATION SERVICES: The CLIENT hereby employs the COMPANY to perform the following services in accordance with the terms and conditions set forth in this agreement: The COMPANY will consult with the CLIENT concerning matters of branding and content strategy. It is anticipated the COMPANY will spend approximately 1-5 months in fulfilling its obligations under this contract. Services will not exceed 6 months past the contract signature date. The particular amount of time may vary from day to day or week to week. However, the COMPANY shall devote a minimum of 4 hours per month to its duties in accordance with this agreement.

PAYMENTS: In consideration for the EVENTS and/or SERVICES, the CLIENT will pay the COMPANY a non-refundable retainer fee that is due at the time this agreement is signed. Subsequent monthly payments are due and will be automatically charged to the credit card on file every 30 days or until the balance has been settled, whichever comes first. Payments received by the COMPANY are non-refundable once cleared.

INDEPENDENT CONTRACTOR: Both the CLIENT and the COMPANY agree that the COMPANY will act as an independent contractor in the performance of its duties under this contract. Accordingly, the COMPANY shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the COMPANYs activities in accordance with this contract, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required.

CONFIDENTIAL INFORMATION: The COMPANY agrees that any information received by the COMPANY during any furtherance of the COMPANY's obligations in accordance with this contract, which concerns the personal, financial or other affairs of the CLIENT will be treated by the COMPANY in full confidence and will not be revealed to any other persons, firms or organizations.

EMPLOYMENT TO OTHERS: The CLIENT may from time to time request that the COMPANY arrange for the services of others. All costs to the COMPANY for those services will be paid by the CLIENT but in no event shall the COMPANY employ others without the prior authorization of the CLIENT.

ASSIGNMENT: This Agreement is not assignable, in whole or in part, by either party without the prior written consent of the other party. Any attempt to make such assignment shall be void.

ATTORNEY’S FEES: In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

TERMINATION: Either party may terminate this Agreement at any time by providing 10 days advance written notice. In the event of such termination, the CLIENT shall be obligated to pay only for actual EVENT(S) and/or SERVICE(S) provided by the COMPANY and for expenditures incurred with the CLIENT's approval. Unless otherwise terminated, this Agreement will terminate upon completion of the EVENT(S) and/or SERVICE(S).

TERMINATION ON DEFAULT: If a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default. The party in default shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by the party providing the notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

TAXES: The CLIENT shall pay the amount of any sales, use, excise or similar taxes applicable to the performance of the SERVICES, if any, or, in lieu of such payment, the CLIENT shall provide the COMPANY with a certificate acceptable to the taxing authorities exempting the CLIENT from payment of such taxes.

SEVERABILITY: If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from any person(s) at the EVENT(S); or in the event that the safety of the COMPANY is in question.

EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs. All travel, accommodation, meal and transport costs and fees associated are non-refundable once incurred and will be invoiced to the CLIENT accordingly.

TRAVEL EXPENSES: A travel fee is required for EVENTS and/or SERVICES locations outside of Atlanta, GA. All travel fees, once paid to the COMPANY, are non-refundable. CLIENT will be responsible for flight, lodging, ground transportation and/or meal expenses for the COMPANY when applicable. All travel fees must be paid upfront and prior to the EVENT and/or SERVICE date(s). The COMPANY will make their own travel arrangements. The CLIENT is strictly prohibited from making travel arrangements on behalf of the COMPANY.

VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.

PERMITS: The CLIENT is responsible for researching and acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services prior to the EVENT(S). The CLIENT is also responsible for parking fees associated with all locations on which the COMPANY will be performing services.

FILM AND COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicit written permission. The CLIENT must obtain written permission from the COMPANY prior to print in any publication. The CLIENT is strictly prohibited from selling any image.

LIMITATION OF LIABILITIES: In the unlikely event that any photographer from the COMPANY is unable to perform to the guidelines of this agreement due to an injury, illness, death in the family, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SERVICES(S).

In the unlikely event that clothing have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, the COMPANY liability is limited to the return of all payments received for the SERVICES(S). The limit of liability for a partial loss of original clothing shall be a prorated amount of the clothing lost based on the percentage of total number of originals.  The COMPANY is not liable for the loss of clothing beyond the lesser of the final delivery of all clothes included in the package or the total paid.

FEE: A non-refundable retainer fee shall be required upon signing of this agreement. The fees and expenses bid or estimated by the COMPANY are for the original job description as presented by the CLIENT.  Subsequent changes or actual job conditions may result in additional charges.  COMPANY shall seek approval of additional expenses whenever reasonable and appropriate. The COMPANY agrees to minimize any and all unexpected expenses. Nevertheless, unexpected expenses shall be added on as an addition to the originally estimated total and shall be invoiced accordingly. 

PAYMENT & LATE FEES: The aforementioned non-refundable retainer fee is due to begin services and at the time of signing of this agreement. The remaining balance payment schedule is listed above. In the event the COMPANY is not able to obtain retainer payment by the due date, the COMPANY shall have the right to immediately terminate this agreement with no further obligation. In the event the COMPANY is not able to obtain balance payment by the due date, the CLIENT will be billed by the COMPANY a daily late fee of $55.00 per day until a successful payment is received by the COMPANY. In the event the CLIENT fails to remit balance payment as specified within 7 days of the due date, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).

RETAINER FEE GUARANTEE: Services are not considered contracted or definite until a retainer fee has been successfully received by credit, debit, or electronic check along with this signed EVENT agreement.