1. Position. Rachel Brenke agrees to deliver the Consultee consulting services as a work-for-hire independent contractor providing consulting services.
3. Equipment. The Consultee is responsible for providing all of the equipment of use with which to complete the consulting relationship unless agreed upon otherwise. Equipment required includes downloading Skype, if applicable.
4. Confidentiality and Non-Disclosure. The Consultee 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 consulting relationship are the exclusive property of Rachel Brenke and are privileged and confidential information. The Consultee shall not disclose, whether for compensation or not, the confidential information obtained from Rachel Brenke to anyone unless required to do so by law.
5. Transfers/Refunds. The consulting relationship fee is non-refundable. The consulting relationship fee MAY be transferred to another Consultee subject to the written approval of Rachel Brenke. Transferring is the responsibility of the Consultee.
6. Cancellation. Rachel Brenke shall make every effort to give the Consultee advanced notice of any changes. The Consultee shall give 72 hours notice to Rachel Brenke or shall forfeit the consulting relationship fee. In the event that an assignment is cancelled, Rachel Brenke will provide notice to the Consultee as soon as practicable. Rachel Brenke is not liable for damages incurred in reliance on this agreement.
7. Non-Compete. Consultee shall not compete as a photography mentor or business consultant within 12 months of the completion date of this consultation. This includes, but is not limited to, in-person, online, forum-based mentoring as well as digital products, whether for compensation or not.
8. Schedule. The consulting relationship schedule is subject to change and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances. Rachel Brenke will make every attempt to reschedule the consulting session if cancelled or delayed.
9. Consultee Preparation. The Consultee shall complete and submit any assigned pre-work to Rachel Brenke at least 48 hours prior to the session(s). Failure to adequately complete and/or submit assigned pre-work will result in rescheduling/forfeiture of the session.
Pre Work includes any of the following: - ONLY send the prework of things that you want to work on. Prework includes any of the following: pictures (photo critiques), links (pricing, website, blog, etc), and any other information you believe is relevant to your 1:1 session time. -It helps to place the questions you have in priority order so that we can address those as one question can quickly take up time as we delve deep into it with various options that would be best suited for your business model
Image Critiques: If you want an image critique: Please send 3-4 photos that you would like critiqued with their settings.
Pricing Help: Figure up your cost of doing business (CODB) prior to the session. This is everything that you must pay to keep your business afloat (website, licenses, equipment, savings, etc.). If this is an area your'e needing specific help on, no problem!We will walk through together but the more information you have at the call will help to shape the pricing.
Marketing: : If you have marketing materials, send those for review ahead of time - my feedback will be based on aesthetic and the client psychology.
My goal is not to review for branding cohesiveness alone - but to give an objective eye to the message it gives to clients through presentation, information (copy) and other aspects. You may send anything else you feel applies to any questions you may have - including business formation and tax info. All prework must be sent to email@example.com
10. Recording. The Consultee shall not capture the session in any capacity, including but not limited to voice recording, tape recording, photography, etc.
11. Cooperative Attitude. The Consultee shall retain a cooperative attitude throughout the course of the consulting relationship. At any time the Consultee acts uncooperative Rachel Brenke shall terminate the consulting relationship and retain all consulting fees. All unpaid consulting fees shall be remitted to Rachel Brenke within 2 days of contract termination or be subject to legal action. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Rachel Brenke or a third party in reference to the consulting relationship.
12. 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.
13. Indemnification. Rachel Brenke shall be held harmless for any and all injury to Consultee and Consultee’s business and equipment during the course of the consulting relationship and the immediately surrounding events.
14. Arbitration. 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 Consultee’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 $300. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
15. 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.
16. 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 Virginia.
17. Resolution. Consultee shall first approach Rachel Brenke as to any issues related to the consulting relationship. Failure to do so will result in termination of the consulting relationship and forfeiture of all consulting fees. All unpaid consulting fees shall be remitted to Rachel Brenke within 2 days of contract termination or be subject to legal action.