Senior Graduate Representative Agreement
Francesco De Maio Photography
470 Main St
Clinton, MA 01510
(617) 429 3841
– Parent :
First Name :
Last Name :
– Senior Model :
First Name :
Last Name :
ZIP Code :
Positions. This Agreement is between the Senior Graduate Representative, and the parent and/or legal guardian of the same, whose name and address is listed above, and Francesco De Maio Photography. The term Client shall include the Senior Graduate Representative and the parent and/or Legal Guardian(s).
Duration. The effective term of this Agreement will begin upon execution of this Agreement by the Senior Graduate Representative, Legal Guardian and the Photographer. This Agreement shall conclude upon the Client’s completion of duties under the Agreement and/or the Senior Graduate Representative’s official graduation from high school, whichever is later.
Consideration. The senior graduate representative shall receive:
– 1 or 2 promotional portrait session. Promotional session shall not be used as the official senior portrait session. Client shall not use any of the images produced during the promotional session for school senior portrait submission unless agreed by both parties in written form in further contractual agreement.
– $150.00 studio credit towards complete senior portrait session
– 1 Downloadable Phone App with 5 to 10 social media images
– Chance to win $50.oo Prepaid Visa Card
– Promotional Material at photographer’s discretion
– $25 Studio Credit every senior class of 2019 paying client referred to Francesco De Maio Photography
In exchange for :
– Promotion of Francesco De Maio Photography either both in person via material distribution and social medial via digital content provided by Francesco De Maio Photography
– Model release to allow promotional material including but not limited to social media and print advertising. Model release shall signed upon completion of promotional portrait session.
Adult Presence. The parent and/or legal guardian of the Senior Graduate Representative shall be present at all sessions and interactions with the Photographer, which are including but not limited to: emails, phone calls, consultations, and photography sessions. If a parent and/or legal guardian is not present the Photographer shall not fulfill the requirements of the event.
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 one update in form of email, phone call or text message contact every two weeks.
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 Agreement herein. If dismissed from the Agreement 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.
Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between the Photographer and the Client. In entering into this Agreement, 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.
Failure to Perform. If the Photographer is unable to perform this Agreement 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.
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 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 $200.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
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.
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 Massachusetts.
Attorney’s 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.
Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
|October 16, 2017 4:53 pm EDT||Senior Model Uploaded by Francesco De Maio - firstname.lastname@example.org IP 18.104.22.168|
|October 16, 2017 4:54 pm EDT||Document sent for signature to Karen Silva - Silmom4@gmail.com|
|October 16, 2017 7:53 pm EDT||Document viewed by Karen Silva - Silmom4@gmail.com IP 22.214.171.124|
|October 16, 2017 7:59 pm EDT||Document signed by Karen Silva - Silmom4@gmail.com IP 126.96.36.199|
|October 16, 2017 7:59 pm EDT||The document has been signed by all parties and is now closed.|
|October 20, 2017 1:02 am EDT||Document viewed by Karen Silva - Silmom4@gmail.com IP 188.8.131.52|