This is what the contract for a Senior Rep is. All parents/legal guardians must sign the contract unless the Senior is of age at the time.
*This is just an example of what needs to be signed and cannot be used for any legal purposes.*
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 Pose With The Lyons LLC. The term Client shall include the Senior Graduate Representative and the parent and/or Legal Guardian(s).
The effective term of this Contract will begin upon execution of this Contract by the Senior Graduate Representative, Legal Guardian and the Photographer(s). This Contract shall conclude upon the Client’s completion of duties under the Contract and/or the Senior Graduate Representative’s official graduation date from high school, whichever is later.
The Senior Graduate Representative shall receive one full Mini Session ($250) by graduation date in exchange for:
a. Referrals that book and fulfill a senior session with Pose With The Lyons LLC. Every booked referral will be $25 off Client’s future senior session fee (by Egift certificate), which must be completed by graduation date. If Senior Graduate Representative refers more than 4 booked clients, the senior will be awarded with cash rewards:
i. 5-9 referrals that book & pay for their session, you receive a $35 Egift Certificate for EACH referral!
ii. 10+ referrals that book & pay for their session, you receive a $50 Egift Certificate for EACH referral!
iii. PLUS, all of your referred friends will receive 8 free wallets from their session!
b. Senior Graduate Representative must complete 2 social media posts per month with behind the scenes images or professional images of Senior Graduate Representative by Pose With The Lyons LLC. All social media images must use appropriate tags: #LyonsSeniorReps, #PoseWithTheLyonsSenior, @PoseWithTheLyons.
4. Adult Presence.
The parent and/or legal guardian of the Senior Graduate Representative is encouraged to be present at official senior session. If a parent and/or legal guardian is not present, the Photographer cannot fulfill the requirements of the event.
The Senior Graduate Representative, parent and/or Legal Guardian shall respond to all communications by the Photographer(s) in a timely manner. Failure to do so may result in dismissal from the Senior Representative program and shall release the Photographer(s) 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 Individual Mini Session fee of $250.
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.
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.
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.
10. 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 fees 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.
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 $250. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
The Photographer(s) 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.
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 South Carolina.
14. 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.
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.
16. Model Release.
I hereby give to Pose with the Lyons LLC the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child in which she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.