MENTORING & PORTFOLIO REVIEW TERMS & CONDITIONS

AGREEMENT TERMS AND CONDITIONS

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

2. 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 life experience by a mentor. 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, defences, options, selection of forms or strategies.

3. Equipment: Unless agreed upon otherwise, the mentee is responsible for providing all of the equipment needed to complete the mentorship.

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. Mentee will not screen record or screenshot any images from the lesson, will not videotape or voice record during the lesson, will not share copies of any materials provided during the lesson, including contracts and pricing structures, will not verbally or share in writing the editing or shooting process outlined in the lesson, will not advise any other person as to the editing or shooting process described in the lesson, will not formulate Photoshop actions or Lightroom/ACR Presets that emulate process learned or described in lesson except for personal use, will not accept money to train others in the editing or shooting process learned in the lesson, will not hold Christina Simons responsible for any image altered in the editing process learned in this lesson.

5. Transfers/Refunds. The mentorship fee is non-refundable. However, it may be transferred to another mentee ONE TIME ONLY, subject to the mentor's approval. Transferring is the responsibility of the Mentee.

6. Cancellation of Q&A call(s) or in-person shooting session. The Mentor shall make every effort to give the Mentee advanced notice of any changes. The Mentee shall give one week's 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 based on this agreement.

7. Non-Compete. Mentee shall not compete as a photography mentor or mentorship Mentor within two years of the completion date of this mentorship. This includes but is not limited to, in-person, online, and forum-based mentoring as well as digital products, whether for compensation or not. You may not produce any ACR or Lightroom presets Photoshop actions either for sale or free away for two(2) years from the time of the mentoring Session

8. Schedule: The mentorship schedule is subject to change, and no adjustment/proration of fees will be applied if the schedule changes due to extenuating circumstances. The mentor will communicate the schedule of the Mentorship Program via email.

9. Mentee Preparation. The mentee is required to have a basic working knowledge of a DSLR and image processing. The Mentee shall complete and submit the assigned questionnaire to the Mentor within 14 days of the mentorship package purchase, prior to the Mentor beginning the mentoring session(s). Failure to adequately complete and/or submit assigned pre-work will result in rescheduling of the mentoring session in person or possibly a delay in the virtual mentorship schedule.

10. Cooperative Attitude. The Mentee shall retain a cooperative attitude throughout the mentorship. At any time the Mentee acts uncooperatively, the Mentor shall terminate the mentorship and retain all mentorship fees. Cooperation includes but is not limited to, online and in-person decorum, whether directed at the Mentor or a third party in reference to the mentorship.

11. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, 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 $1,000.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

12. Attorney 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.

13. Resolution. Mentee shall first approach Mentor regarding any issues related to mentorship. Failure to do so will result in termination of the mentorship and forfeiture of all mentorship fees.

14. Payment: Mentorships must be paid in full prior to the beginning of the mentorship.

15. This Agreement incorporates the entire understanding of the parties. Any modifications to this Agreement must be made in writing 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 Victoria, Australia.