Terms and Conditions

The short version of the terms and conditions are as follows (subject to change without notification). We will send folks the updated version once the lawyers are finished the review.

General Event Information

The event is being hosted by PlanPivot Inc. and Karen Mak Studios, hereinafter “Hosts”, at the location of Bind Architecture. Ticket purchases and participants, hereinafter “Participants”, agree to the following which are binding. If you do not agree, you should not attend the event

The event terms and conditions are subject to change without notice. Any changes will be sent to your email address supplied.

The quick brush strokes

• Tickets are not transferable to ensure any photos and confidentiality are maintained

• All hosts and participants (Parties) have the right to confidentiality through a Mutual Non-Disclosure Agreement lasting two years for any information noted as proprietary and/or confidential

• Everyone has agreed to a Modelling License allowing Karen Mak Studios and PlanPivot Inc. outlined commercial use of their photos, likeness (this allows us to advertise for events etc).

• The event may be cancelled or rescheduled. In the case of rescheduling, no refunds will be made and the new date will take place within 90 days of the original event date. In case of cancellations, full refunds will be made.

In case of any discrepancy, the pending legal sections will take legal precedence.

Indemnity Agreement

Ticket purchases and participants are of the opinion that the Hosts’s have the necessary qualifications, experience and abilities to provide services to the Client.

Participant agree to indemnify and hold harmless the other “Hosts” and property lease and owners, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Mutual Non-Disclosure Agreement

This Agreement is entered into as of the date of purchase, the “Effective Date”, by and between all ticket purchases and participants and hosts hereinafter known as the “Parties”,.

All parties have an interest in participating in discussions wherein either Party may share information with the other that the disclosing Party considers to be proprietary and confidential to itself (“Confidential Information”); and

WHEREAS the Parties agree that Confidential Information of a Party may include, but not be limited to, that Party’s: (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information;

NOW, THEREFORE, the Parties agree as follows:

1. Any Party may disclose Confidential Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and confidential either by marking it, in the case of written materials, or, in the case of information that is disclosed orally or written materials that are not marked, by notifying the other Party of the proprietary and confidential nature of the information, such notification to be done orally, by e-mail or written correspondence, or via other means of communication as might be appropriate.

2. When informed of the proprietary and confidential nature of Confidential Information that has been disclosed by the other Party, the receiving Party (“Recipient”) shall, for a period of 2 years from the date of disclosure, refrain from disclosing such Confidential Information to any contractor or other third party without prior, written approval from the disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and confidential information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who has access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by the terms of this Agreement. The Recipient of Confidential Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential Information.

3. All Confidential Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information on the other Party. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Agreement and all notes related to such Confidential Information. The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.

4. The terms of this Agreement shall not be construed to limit either Party’s right to develop independently or acquire products without use of the other Party’s Confidential Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Nothing in this Agreement will prohibit the Recipient from developing or having developed for it products, concepts, systems, or techniques that are similar to or compete with the products, concepts, systems, or techniques contemplated by or embodied in the Confidential Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development.

5. Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information:

(a) Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party;

(b) Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents;

(c) Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder;

(d) Is approved for release (and only to the extent so approved) by the disclosing Party; or

(e) Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.

6. Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture or other similar relationship between the Parties.

7. Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement.

8. This Agreement contains the entire agreement between the Parties and in no way creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement.

9. This Agreement shall remain in effect for a period of two years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential Information disclosed under this Agreement shall survive termination of this Agreement.

Commercial Photo Release

Headshot Session Fee

All Participants understand that the mini photo session is included in the ticket price of this event. The mini session fee includes 1 digital image(s). Additional images can be purchased. All sales are final.

Service Agreement and Liability

The client agrees that Karen Mak Studios shall provide services to photograph to the best of our abilities. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a retake of the session whenever possible. If the session is retaken, Karen Mak Studios will have no further obligation to the client. Karen Mak Studios is not responsible for any injury to the Client or Client's photographic party. Clients will be responsible for their children and themselves and release the Photographer from any claims.

Payment, Retainer and Cancellation Policy

The Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond her control.

Proofing

Proofs will be completed within 2 weeks of the session date. Proofs will be placed in an online gallery for a period of 7 days to determine the final edited image that are chosen by the client. Proofs are not included with any package.

Final Digital Image(s)

1 digital image are included with this event. After reviewing the proofs, the final image will be chosen by the Client. Karen Mak Studios will edit and deliver only the final image chosen by the Client. Actual photo prints are not included, but can be purchased.

Copyright and Reproduction

The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Karen Mak Studios. It is a violation of federal copyright law to allow photographs created by Karen Mak Studios to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without our written permission. You agree not to make copies for sale or for the purpose of circumventing sale of the images by Karen Mak Studios. You agree not to crop, scan, copy, or reproduce images in any manner without a written release. Once you purchase your digital images you will be given a print release that allows you to use the images for your own business use, as well as personal if you so choose. The print release does not allow publication of your portraits (i.e. entering into contests), selling or altering your images without the permission of Karen Mak Studios.

Model Release

The Client grants Karen Mak Studios unrestricted rights to use and publish any images taken of them and any listed minors at the session for the promotion of its business and services. Including but not limited to: samples, website, Facebook, blog, internal and external promotion material, entry into photographic contests, editorial use, or for studio display. The Client releases all claim to profits that may arise from the use of the images by Karen Mak Studios.

The client also grants PlanPivot Inc. permission to use and publish any image taken of them for the same above statements, except entry into photographic contests. The Client releases all claim to profits that may arise from the use of the images by PlanPivot Inc.

Facebook/Social Media Uploads

If any photos are uploaded to Facebook or any other social media website, the Client may give credit to Karen Mak Studios but not required. In order to give credit to Karen Mak Studios, please tag "@karenmakstudios" on each image. Karen Mak Studios may post photos on social media and for promotional purposes. Please feel free to tag yourself in those photos.

Final Agreements

By purchasing to access the event, my full legal name in the space provided, I am confirming that I have read and understand the all pages of the contract and I agree to abide by the contract terms.