Monthly Photoshoot Membership Terms and Conditions
This agreement (“Agreement”) is effective as of the date of its signing by and between 48PX, LLC dba Photo Fusion Studio “PFS” (“PFS,” “We,” “Us,” and “Our”), an Arizona limited liability company, whose address is 600 N 4th ST Phoenix, AZ 85004, United States.
You understand that by registering for the Photo Fusion Studio Photography Subscription (the “Membership”), you voluntarily agreed and continue to agree to abide by these Terms and Conditions of Use (these “Terms”) with 48PX, LLC DBA Photo Fusion (“Photo Fusion Studio”). Photo Fusion Studio may, from time to time and at any time without notice to you, modify these Terms. You agree that Photo Fusion Studio has the right to modify these Terms or revise anything contained herein. You further agree that all modifications to these Terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms.
Based on the package you select, The Membership includes 12, 6, 4, or 1 scheduled content sessions each Billing Cycle (“Photoshoots”). You will receive all [approximately 30-50] unedited images OR video clips from the Photoshoot (“Images”).
The Elite Membership subscription – is a twelve (12) month contract that includes Monthly photo shoots, different locations every month, up to 3 outfit changes -. You agree to pay monthly for 12 automated monthly payments of $127.00 + tax / monthly plus any add-on you select (“Membership Fee”). You agree to pay the Membership fee for the entire 12 month contract. The Membership Fee will be automatically charged upon sign up, that is when your Billing Cycle (“Billing Cycle”) begins and continues for an additional eleven (11) months.
The Deluxe Membership subscription – is a six (6) month contract that includes Monthly photo shoots, different locations every month, up to 3 outfit changes -. You agree to pay monthly for 6 automated monthly payments of $157.00 + tax / monthly plus any add-on you select (“Membership Fee”). You agree to pay the Membership fee for the entire 6 month contract. The Membership Fee will be automatically charged upon sign up, that is when your Billing Cycle (“Billing Cycle”) begins and continues for an additional five (5) months.
ROLL OVER SESSIONS
Unused Photoshoots will roll over to the subsequent Billing Cycle and will expire after (1) year. Roll over sessions are available to book with an ACTIVE membership. If you pause or cancel your membership, you will no longer have access to book your sessions. This means, if you want to use your rollover sessions, you will need to do so before canceling your membership.
Members agree that this agreement will automatically renew month-to-month at the end of the initial contract agreement and all subsequent renewal terms unless canceled.
PAUSING YOUR MEMBERSHIP
You may pause your Membership for up to 2 months in any 12-month period. To pause your Membership, you must provide written notice to [email protected] of your desire to pause your Membership with 30 days prior written notice before your next monthly Billing Cycle. The pause is effective for 2 Billing Cycles. Your Billing Cycle date will not change, and the Membership will automatically reactivate the month following the pause. You will have access to any remaining Photoshoots until before the end of the Billing Cycle.
To cancel your membership, you must provide at least 30 days prior written notice to [email protected] at the end of the initial contract agreement and before your next monthly Billing Cycle. You will have access to any remaining Photoshoots until the end of the Billing Cycle. Your last payment is not refundable even if you have not used your shoots.
RIGHTS TO IMAGES
You will be the sole and exclusive owner of all right, title, and interest in and to the Images created as a result of any Photoshoot, including all copyrights and other intellectual property rights therein, in perpetuity throughout the universe. In furtherance of the foregoing, Photo Fusion Studio agrees that the Images is works made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent any Images does not qualify as work made for hire, Photo Fusion Studio hereby irrevocably assigns, transfers, and otherwise conveys to you throughout the universe, all right, title, and interest in and to such Images, including all copyrights and other intellectual property rights therein, including all registration, renewal, and reversion rights, and the right to register and sue to enforce such copyrights against infringers. It is not required, but we request that you tag Photo Fusion Studio in relevant social media account (@photofusionstudio) and the relevant social media account for the Image’s Photoshoot location in any Images published on social media.
You hereby grant Photo Fusion Studio and each location of any Photoshoot you participate in, a non-exclusive, non-transferable, without compensation, perpetual to use license in order to use, edit, make derivative works of the Images for portfolio purposes and marketing purposes in their sole discretion.
Photo Fusion Studio will not be liable or responsible for, nor be deemed to have defaulted under or breached these Terms, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of these Terms, when and to the extent such failure, interruption, adaptation in format or scheduling, or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic, (f) action by any governmental authority; (g) national or regional emergency; (h) travel restrictions, (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of Photo Fusion Studio or contributors.Photo Fusion Studio shall give you notice as soon as reasonably possible from the occurrence of a Force Majeure Event and use diligent efforts to end the failure, interruption, or delay and ensure the effects of such Force Majeure Event are minimized. Photo Fusion Studio shall resume or reschedule the performance of its obligations as soon as reasonably practicable after the removal of the cause.
CONFIDENTIALITY AND NON-DISCLOSURE
You agree you have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent written agreement related to the Membership.
In the unlikely event of a dispute arising from or relating to the Event or these Terms, the dispute shall be settled by binding arbitration in Maricopa County, Arizona, which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs.
WAIVER AND RELEASE OF LIABILITY
You fully and forever release and discharge 48PX LLC dba Photo Fusion Studio, as well as any of its affiliates, agents, contractors, officers, directors, employees, successors, transferees, assignees, licensees, volunteers, contributors, the location, and all others involved in the Membership (collectively “Released Third Parties”), as applicable, from any and all injuries (including death), losses, damages, claims, demands, lawsuits, costs and expenses, including legal fees and expenses, and any other liability of any kind, of or to me, your property, or any other person, directly or indirectly arising out of or in connection with your participation in the Membership, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages and causes of action are referred to collectively herein as the “Released Claims”).
LIMITATION OF LIABILITY. YOUR PARTICIPATION IN THE PHOTOSHOOTS IS AT YOUR OWN RISK. NEITHER, PHOTO FUSION STUDIO NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PHOTOSHOOTS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST 48PX, LLC dba PHOTO FUSION STUDIO AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR ATTENDANCE AT THE EVENT.
AGREEMENT NOT TO SUE; INDEMNITY
You covenant and agree that (i) you will not institute or attempt to institute any legal action, arbitration, demand or proceeding against 48PX LLC dba Photo Fusion Studio or Released Third Parties based upon any Released Claim, (ii) you will indemnify, defend and hold harmless Photo Fusion Studio and Released Third Parties from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of your obligations under these Terms, (iii) you will indemnify, defend and hold harmless 48PX LLC dba Photo Fusion Studio and Released Third Parties for any and all claims or demands, including reasonable attorney’s fees, that arise from or otherwise relate to use the Membership and related Images, and (iv) your violation of these Terms or the rights of another.
THIRD PARTY BENEFICIARY
You and 48PX LLC dba Photo Fusion Studio agree that neither is not responsible to any third parties under these Terms.
NO ASSIGNMENT OR TRANSFER
Any attempt to assign or transfer the rights under of the Membership or any Photoshoot shall be null and void without prior written approval by 48PX LLC dba Photo Fusion Studio.
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of these Terms, or the waiver by any party of any breach of these Terms, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
These Terms shall be governed by the laws of the State of Arizona without regard to its conflicts of law provisions. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be fully severable, and these Terms shall be construed and enforced as if such provision had never comprised a part of these Terms. These Terms represent the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon me and your heirs, next of kin, family members, estate, trustees, beneficiaries, executors, administrators and representatives.