Membership Terms and Conditions
You understand that by registering for the FemForce Membership (the “Membership”), you voluntarily agreed and continue to agree to abide by these Terms and Conditions of Use (these “Terms”) with Stacey Poterson Photography LLC (“FemForce”).
The Membership includes up to 2 scheduled photoshoots each Billing Cycle (“Photoshoots”). You will receive all/ [50-60] unedited images from the Photoshoot (“Images”).
You understand you do not have to use all Photoshoots each month, but unused Photoshoots do not roll over to the subsequent Billing Cycle in a use-it-or-lose-it fashion. Accordingly, you understand there are no refunds for missed shoots.
The Membership fee is $149.00 / monthly based on the package and any add-on you select (“Membership Fee”). After signing up for the Membership, you have 7-days to schedule and take part in your first photoshoot (“Trial Period”). The Trial Period is only available for first time members. Unless you provide written notice to Stacey@femforceshoots.com of your desire to cancel the Membership prior to the end of the Trial Period, the initial Membership Fee will be automatically charged at the end of the Trial Period and every month until cancelation as specified in these Terms (“Billing Cycle”). If are a returning member, the billing cycle will begin on Membership signup.
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@example.com of your desire to pause your Membership with 7 days prior written notice before your next monthly Billing Cycle. The pause is effective for 1 Billing Cycle. 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 14 days prior written notice to Stacey@femforceshoots.com before your next monthly Billing Cycle. You will have access to any remaining Photoshoots until the end of the Billing Cycle.
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, FemForce 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, FemForce 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.
You must tag FemForce relevant social media account (@staceypoterson) and the relevant social media account for the Image’s Photoshoot location in any Images published on social media.
You hereby grant FemForce (@staceypoterson) and each location of any Photoshoot you participate in, a non-exclusive, non-transferable, without compensation, perpetual to use license to use, edit, make derivates works of the Images for portfolio purposes and marketing purposes in their sole discretion. FemForce must tag your relevant social media account in any Images published on social media.
FemForce 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 FemForce or contributors. FemForce shall give you notice as soon as reasonably possible from the occurrence of a Force Majeure Event. FemForce shall use diligent efforts to end the failure, interruption, or delay and ensure the effects of such Force Majeure Event are minimized. FemForce 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 the Event or these Terms, the dispute shall be settled by binding arbitration in 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.
LIMITATION OF LIABILITY.
YOUR PARTICIPATION IN THE PHOTOSHOOTS IS AT YOUR OWN RISK. NEITHER, FEMFORCE 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 FEMFORCE AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR ATTENDANCE AT THE EVENT.
WAIVER AND RELEASE OF LIABILITY.
You fully and forever release and discharge FemForce, 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”).
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 FemForce or Released Third Parties based upon any Released Claim, (ii) you will indemnify, defend and hold harmless FemForce 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 FemForce 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 FemForce 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 FemForce.
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 represents 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.