Terms of Service
TERMS OF SERVICE
Katya Vilchyk Photography & Design, LLC offers photography services for businesses, specifically creating Brand Photos to be used in marketing your business. We offer our services ("Offerings") through the website atlantabrandingphotographer. com and katyavilchyk.com. Our offerings include single point services, like photoshoots and memberships, online courses and e-products available for purchase, as well as free.
Although every effort is made to create photographs, coaching, mentorship, e-courses and advice to help you achieve your goals, there is no guarantee of results. Katya Vilchyk Photography & Design, LLC does not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual or company’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their personal journey, desire and motivation.
DELIVERY OF SERVICE
For single services, Client will be asked to schedule a mutually convenient time for a consultation to go over the photoshoot or membership. For product offerings, Client will receive a link to the purchased product within 24 hours of Client’s purchase. All other offerings will be provided to Client within the terms described at the point of purchase. Client agrees to participate fully in the service; provide timely feedback if questions or other responses are required; meet Photographer’s payment requirements, in the method and timeframe selected.
Client certifies that Client is at least 18 years of age. Client agrees that the email address provided in Client’s account information is valid and that Client will keep Client’s contact information up to date.
PAYMENTS, TAXES, AND REFUND POLICY
Client agrees that Client’s payment will be processed by Katya Vilchyk Photography & Design, LLC. Client agrees that Katya Vilchyk Photography & Design, LLC may charge Client’s payment method for any additional products and services purchased by client. Client is responsible for providing Katya Vilchyk Photography & Design, LLC with a valid payment method for payment of all fees.
If Client’s payment method for Katya Vilchyk Photography & Design, LLC is invalid, Client will have five (5) days to provide another method of payment or Client’s services will be suspended until Client’s account is paid in full. Client agrees that Client is responsible for full payment of fees for the Product regardless of whether Client actually participates, completes or utilizes the Product and regardless of whether Client has selected a lump sum or payment plan.
Katya Vilchyk Photography & Design, LLC does not refund fees. Client agrees that if, for any reason, Client chooses to cancel the product prior to the end date of the commitment period, Client remains obligated to pay or continue paying any remaining outstanding balance(s) in full. To further clarify no refunds will be issued and all scheduled payments must be paid on a timely basis whether Client completes and utilizes the product or not.
No Guarantee. Katya Vilchyk Photography & Design, LLC has made every effort to accurately represent the Product and its potential benefits. Results can and do vary, therefore the Katya Vilchyk Photography & Design, LLC makes no guarantees.
Disclaimer. Katya Vilchyk Photography & Design, LLC does not provide legal, tax, accounting or financial advice and the information provided to Client is not intended as such. Client should refer all legal, tax, accounting and financially related inquiries to appropriately qualified professionals.
Waiver and Release from Liability. For this section, Katya Vilchyk Photography & Design, LLC will be known as "Photographer".
Certain activities and actions take place during a photography session with Photographer and may present certain risks including, but not limited to, bodily injury, death, illness, loss or damage to personal property, and other safety-related dangers. Indoor and outdoor sessions can present inherent risks of personal injury or sickness, such as falling or tripping, bug bites, forces of nature such as lightning strikes, accidents by automobile or other conveyance.
Client recognizes that these dangers cannot be eliminated, and acknowledges other dangers not mentioned may also exist. There are physical requirements of participation in these activities. Your participation affirms that you meet these requirements, and that your physical and mental health is good, and that you are not under a doctor's care for any condition that might endanger you, other participants or Photographer. Photographer and/or their assistants may not possess the required training or equipment to handle incidents that may occur. In case of injury, accident, illness, Client will bear the full cost of any additional transportation or evacuation procedures performed by Photographer or others.
Client is voluntarily participating in these activities and assumes all risks, consequences, and potential liability for participation. Client releases Photographer, its employees, staff, instructors, volunteers, and representatives, as well as, any owners and lessors of premises where session may take place from any and all liability claims, causes of action, debts, and demands that may arise as a result of participation in these activities. In the event that a lawsuit is filed, Client agrees to do so only in the County of Fulton in the State of Georgia and further agrees that the substantive law of the State shall apply in that action without regard to the conflict of the rules of that State. This document shall also serve as a release and assumption of risk for Photographer’s heirs, personal representatives, executors, administrators, and family members.
Photographer reserves the right to cancel or change activities without prior notice, and reserves the right to cancel the session of any participant if deemed unable to meet safety requirements.
Shooting Conditions. Photographer schedules their events sometimes months in advance and does their best to predict the best times and conditions for photography. However, nature is unpredictable and it is impossible for Photographer to truly know what will happen. Client holds Photographer harmless if conditions do not meet expectations. This includes, but is not limited to, weather, light, and growing conditions, rain, drought, lack of blooming, minimal color, lack of water flow, and so forth.
As a parent or guardian of any participant(s), Client acknowledges and agrees to all the provisions above. In addition to the above release and assumption of risk, Client also gives permission for Photographer, assistants, staff, volunteers, and emergency personnel to make necessary first aid decisions in the event of an accident, injury, or illness to any minors Client includes in the session.
INTELLECTUAL PROPERTY
The Client will use the photographic materials in accordance with a Commercial License. The Photographer retains the right of discretion in selection and processing of the photographic materials released to the Client.
All photographic materials, including but not limited to proofs, and sneak peek previews, will be the exclusive intellectual property of the Photographer. Client agrees to undertake any other reasonable action necessary to effectuate or memorialize ownership of all intellectual property by the Photographer, and to give credit to the Photographer whenever possible, but not limited to use on social media pages, websites and in print.
Katya Vilchyk Photography & Design, LLC holds and asserts a copyright in all the digital products, pdfs, presets, coaching sessions and e-courses offered on atlantabrandingphotographer.com as well as katyavilchyk.com and their content. Re-selling, re-packaging, reverse engineering or gifting the item or its content is strictly prohibited.
GENERAL TERMS
Relationship of the Parties. With respect to all performance of this Agreement, each party, including its employees, officers and agents, shall be considered an independent contractor, and not an employee, agent, partner, or joint venturer of the other party. Except as expressly provided in this Agreement, neither party shall have any right to act for, obligate or make commitments, express or implied, on behalf of the other.
Assignment. Neither party shall assign this Agreement without the written consent of the other.
Additional Services and Products. Photographer may, in the future, offer new services. For the avoidance of doubt, such new services shall be subject to the terms and conditions of this Agreement.
NO WARRANTY. Client acknowledges and agrees that the Confidential Information is provided on an AS IS basis. Katya Vilchyk Photography & Design, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Katya Vilchyk Photography & Design, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. Katya Vilchyk Photography & Design, LLC does not represent or warrant that any product or business plans disclosed to Client will be marketed or carried out as disclosed, or at all. Any actions taken by Client in response to the disclosure of the Confidential Information shall be solely at the risk of Client.
Force Majeure. Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform beyond their control, including, but not limited to strike, fire, flood or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement, until as soon as practicable after a force majeure condition ceases to exist.
Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested at the address first set forth above. Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.
Indemnification. Client shall indemnify, defend and save harmless Katya Vilchyk Photography & Design, LLC, its officers, agents and employees from and against any and all loss, cost (including attorneys' fees), damage, expense and liability (including statutory liability and liability under workers' compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act or neglect by Katya Vilchyk Photography & Design, LLC, its agents, employees, contractors, Clients, invitees, representatives, in, on or about the operation of the Program. This indemnity shall survive the termination of this Agreement. Client hereby releases Katya Vilchyk Photography & Design, LLC from any and all liability or responsibility to Client or anyone claiming through or under Client by way of subrogation or otherwise for any loss or damage to equipment or property of Client covered by any insurance then in force.
Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
Choice of Law, Forum. This Agreement shall be governed by the laws of the United States, State of Georgia, without reference to or use of any conflicts of laws provisions. The parties hereto agree that with respect to any disputes, actions, suits or proceedings arising in connection with this Agreement, venue will be in the United States in the action is brought by participant against Katya Vilchyk Photography & Design, LLC. In the event an action is brought by Katya Vilchyk Photography & Design, LLC against the participant, suit may be filed in the United States, or in the home country of the participant. Katya Vilchyk Photography & Design, LLC retains and reserves all rights to enforce this agreement internationally, without borders.
Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.
Modification.
These terms and conditions may not be modified by Client. Katya Vilchyk Photography & Design, LLC will attempt to notify Client when major changes are made to this Agreement but Client should periodically review the most up-to-date version at atlantabrandingphotographer.com and katyavilchyk.com
Entire Agreement and Amendment. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.
Printed Version. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.