These Terms of Service [further known as TOS] are between Jason Domingues Photography [further referred to as JDP], and a Legado Project Photography Member [further referred to as “PHOTOGRAPHER”].
Equipment. PHOTOGRAPHERS are responsible for providing all necessary equipment in order to perform Legado Project sessions. This includes professional DSLR camera, back up DSLR camera, lighting equipment (if necessary), voice recorder, microphone, batteries and back up batteries, and media cards. This list is in no way a summary of all potentially necessary equipment. Before all sessions, PHOTOGRAPHERS are responsible for ensuring all equipment is in good working condition. JDP is not liable for any damage done to PHOTOGRAPHERS' equipment. JDP is not required to replace or repair any equipment damage that may occur to PHOTOGRAPHERS' equipment during the course of any booked sessions.
Booking. PHOTOGRAPHERS are responsible for booking their own sessions. PHOTOGRAPHERS' profiles and contact information will be listed on The Legado Project website as long as PHOTOGRAPHERS are active members. JDP will do frequent advertising for The Legado Project, but JDP is not responsible for directly providing clients or booking sessions for PHOTOGRAPHERS.
Pricing/Payment. PHOTOGRAPHERS agree that their pricing for the base Legado Project session will never exceed the pricing that is shown on The Legado Project website. PHOTOGRAPHERS are entitled to offer discounts/promotions, as well as upgrades at their own discretion. PHOTOGRAPHERS shall be paid directly by their clients [PHOTOGRAPHERS will retain 100%] and no payment will be made to PHOTOGRAPHERS by JDP.
File/Product Delivery. PHOTOGRAPHERS will edit and deliver images, audio, and products to all clients based on the training provided by JDP.
Copyright & Reproduction Rights. PHOTOGRAPHERS will retain copyright and reproduction rights for all sessions done by themselves. PHOTOGRAPHERS may share their work for their own personal portfolio, website, blog, brochures, social media or other advertising tools. JDP retains ownership of The Legado Project name, however as long as PHOTOGRAPHERS' membership is active, PHOTOGRAPHERS may use "The Legado Project" verbiage on their websites, blogs, brochures, social media accounts, or other advertising tools. Upon cancellation of membership, PHOTOGRAPHERS are no longer permitted to use "The Legado Project" name or verbiage under any circumstances.
Confidentiality. PHOTOGRAPHERS acknowledge that by engaging in a relationship with JDP, PHOTOGRAPHERS will potentially obtain access to JDP's business plan, business model, and other sources of confidential information. PHOTOGRAPHERS agree and acknowledge that such confidential information is important to the business of JDP and will not misappropriate any knowledge gained during the term of engagement for any reason. PHOTOGRAPHERS agree that during the entire term of the active membership, and for a period of one year from the conclusion of the membership, to abide by the following provisions:
(a) PHOTOGRAPHERS will not attempt to directly or indirectly solicit any of JDP's clients or prospects, or the clients or prospects of any other Legado Project Photographer in any way.
(b) PHOTOGRAPHERS will not disrupt, impair, interfere, or hinder the business of JDP in any manner, including, but not limited to, soliciting, inducing, or attempting to solicit or induce any employee, vendor, client or business from severing their relationship with JDP.
(c) PHOTOGRAPHERS will not utilize any business name, business model, business plan, client list, or other confidential information obtained during the course of engagement with JDP for PHOTOGRAPHERS' own business.
Professionalism and Behavior. PHOTOGRAPHERS agree to have a professional appearance during all sessions and to treat all clients with courtesy and respect. PHOTOGRAPHERS agree not to possess, consume, purchase or sell alcohol or illegal drugs during client sessions. Furthermore, PHOTOGRAPHERS shall not be under the influence of alcohol, impairing drugs, or any illegal drugs while performing duties for client sessions. An “illegal drug” is a drug or controlled substance which is (1) not legally obtainable, or (2) legally obtainable, but not obtained or used in a lawful manner. JDP treats its associates with the utmost respect, and requires that PHOTOGRAPHERS do the same. PHOTOGRAPHERS agree to undertake best efforts to ensure that all associates of JDP and are treated with respect and dignity, and that JDP is provided with a safe working environment, both in person and online. Safe working environment issues include, but are not limited to, any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. At no time and under no circumstances whatsoever shall JDP tolerate abusive, violent, destructive, menacing, or harassing behavior from PHOTOGRAPHERS or any other associate. If such behavior does occur, JDP will respectfully inform PHOTOGRAPHERS so that the matter can be addressed. If the situation is not remedied, it is considered a breach of contract, and JDP retains the right to cease the membership immediately. In the event of such situation, PHOTOGRAPHERS will not be entitled to any future listings on The Legado Project Directory, and no refunds shall be given.
Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between PHOTOGRAPHERS and JDP. This agreement does not commit JDP to the traditional role of employer or supervisor. By agreeing to these terms, and by providing services pursuant hereto, PHOTOGRAPHER has and shall have the status of an active member, and nothing herein contained shall contemplate or constitute an agent, employee, or independent contractor relationship.
Membership. This is an annual membership that will be automatically renewed each year, unless PHOTOGRAPHER requests cancellation in writing no less than thirty [30] days prior to renewal date. Once membership fees have been processed, they are non-refundable. As long as membership is active, PHOTOGRAPHER will have access to all education materials (current and future), the private Facebook group, all digital assets, and a listing on The Legado Project Photographer Directory. If membership is cancelled, access to all resources and PHOTOGRAPHER’S listing will be revoked.
Insurance. PHOTOGRAPHERS certify that they hold a business insurance policy that includes, but is not limited to, liability, errors and omissions, and malpractice insurance (or its equivalent) in an amount sufficient to cover any foreseeable damages related to their performance. JDP is not responsible for accident, injury, or death to PHOTOGRAPHERS or any other person attending an event to which PHOTOGRAPHERS are assigned, whether caused by PHOTOGRAPHERS or not.
Policies. PHOTOGRAPHER shall be responsible for their own client policies, including payment, rescheduling, and cancellation, and shall inform all clients of said policies.
Non-Discrimination. JDP does not discriminate on the basis of race, color, religion, gender, gender identity, sexual orientation, national origin, age, veteran status, or mental or physical disability. PHOTOGRAPHERS agree that by becoming a member, they will also adhere to all non-discrimination guidelines when working with clients.
Acknowledgement and Understanding of Terms. PHOTOGRAPHER agrees that they have read and fully agree to the terms above.