Marsha McCray Enterprises LLC DBA Luxury Branding Photoshoot Experience

SERVICE TERMS & CONDITIONS

THIS SERVICE TERMS & CONDITIONS will serve as the SERVICE AGREEMENT (the "Agreement") effective the submission date of The Client’s non-refundable deposit and registration for the Luxury Branding Photoshoot Experience via any of the company’s website(s) luxurybrandingphotoshoot.com and/or liexperience.com.

Luxury Branding Photoshoot Experience, will be further rereferred to in this SERVICE AGREEMENT as LBPE.

 

BACKGROUND

  1. The Client is of the opinion that LBPE has the necessary qualifications, experience, and abilities to provide services to the Client.
  2. LBPE is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and LBPE (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

SERVICES PROVIDED

  1. The Client hereby agrees to engage LBPE to provide the Client with the following services (the "Services"):
    • Luxury Branding Photoshoot Experience’s core amenities include:

Celebrity Make-up Artist

Hair Stylist

Top Branding Photographer

Brand Audit

On-set Personal Assistant

Executive Chef Prepared Meal

Personal Suite

Swag Gifts

Champagne & Signature Beverage

Post Shoot Branding Consultation (optional)

2 Executive Wardrobe Consultations

Entire Digital Gallery (300+ photos)

Luxurious Location

2 Wardrobe Changes

Posing Choreography

Creative Director

  • Additionally, The Client will receive the following accommodations if The Deluxe option was selected upon registration.

Up to Two (2) Wardrobe Changes

  • Additionally, The Client will receive the following accommodations if The Premium option was selected upon registration.

3-hr Brand Intensive

Up to Three (3) Wardrobe Changes

In-Person Make-up Application Course

Social Media Marketing Graphic Templates with 1-on-1 In-Person Tutorial

Videography / 60-Second Promotional Video

Spouse Included in Photoshoot Experience (if applicable)

  1. The following Service Add-On(s) may be included if selected by The Client upon registration:

1 Additional Wardrobe Change

  1. The Services will also include any other tasks which the Parties may agree on in writing and must be prepaid upon the initiation of said agreement. LBPE hereby agrees to provide such Services to the Client.

TERM OF AGREEMENT

  1. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.

    In the event that either Party wishes to terminate this Agreement prior to the completion of Services, that Party will be required to provide 30 days' written notice to the other
    effect.

    Upon termination, any payments made by The Client will not be refunded unless otherwise expressed in writing by LBPE.

PERFORMANCE

  1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY

  1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

 

COMPENSATION

  1. LBPE will charge the Client the agreed amount via electronic payment (debit/credit) in accordance with service option pricing selected by The Client at sign-up.

The Client will be responsible for the minimum full investment for services to be rendered based on The Client’s selection of one or more of the following upon registration.

  • The Deluxe experience: $2999 Or Pay $500 now, and 2 monthly payment of $1249.50 each Or Pay $500 now, and 3 payments every other month of $833 Or Pay $500 now, and 4 payments every month of $624.75 + 4% Transaction Fee
  • The Premium experience: $3499 Or Pay $500 now, and 2 monthly payment of $1499.50 each Or Pay $500 now, and 3 payments every other month of $999.67 Or Pay $500 now, and 4 payments every month of $749.75 + 4% Transaction Fee
  • The VIP experience: $4400 Or Pay $500 now, and 4 payments every month of $975 Or Pay $500 now, and 3 payments every month of $1300 Or Pay $500 now, and 2 payments every month of $1950 + 4% Transaction Fee
  • Add-On of One (1) Wardrobe: $250 + 4% Transaction Fee
  1. A non-refundable deposit of $500.00 (the "Retainer") is payable by the Client upon registration and execution of this
  1. If The Client selected an installment option, the Client will be responsible for remitting the agreed payments per the selected schedule upon registration via automatic electronic payments (i.e. debit/credit card). Failed payments may result in immediate pause in the completion of services.
  2. If card on file requires updating, please contact LBPE at [email protected].
  1. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.

REIMBURSEMENT OF EXPENSES

  1. If additional services are to be rendered beyond the core service scope and/or selected service option, LBPE will request pre-approval by the Client of the related expenses.
  2. LBPE may also be reimbursed from time to time for reasonable and necessary expenses incurred by LBPE in connection with providing the Services.
  3. All expenses must be pre-approved by the

CONFIDENTIALITY

  1. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  2. LBPE agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which LBPE has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will end on the termination of this Agreement except in the case of any Confidential Information which is a trade secret in which case those obligations will last indefinitely.
  3. All written and oral information and material disclosed or provided by the Client to LBPE under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to LBPE.

OWNERSHIP OF INTELLECTUAL PROPERTY

  1. All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of The Client is granted a non-exclusive limited-use license of this Intellectual Property.
  2. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with LBPE.

RETURN OF PROPERTY

  1. Upon the expiration or termination of this Agreement, LBPE will return to the Client any property, documentation, records, or Confidential Information which is the property of the

CAPACITY/INDEPENDENT CONTRACTOR

  1. In providing the Services under this Agreement it is expressly agreed that LBPE is acting as an independent contractor and not as an employee. LBPE and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for LBPE during the Term. LBPE is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to LBPE under this Agreement.

RIGHT OF SUBSTITUTION

  1. Except as otherwise provided in this Agreement, LBPE may, at LBPE's absolute discretion, engage a third-party sub-contractor to perform some or all of the obligations of LBPE under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
  2. If LBPE hires a sub-contractor:
    • LBPE will pay the sub-contractor for its services and the Compensation will remain payable by The Client to LBPE.
  • For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of LBPE.

AUTONOMY

  1. Except as otherwise provided in this Agreement, LBPE will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the LBPE will work autonomously and not at the direction of the Client. However, LBPE will be responsive to the reasonable needs and concerns of the Client.

EQUIPMENT

  1. Except as otherwise provided in this Agreement, LBPE will provide at LBPE’s own expense, any and all equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Agreement.

NO EXCLUSIVITY

The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

NOTICE

  1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to The Client at the address provided upon registration or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

INDEMNIFICATION

  1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, 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 This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

TIME OF THE ESSENCE

  1. Time is of the essence in this No extension or variation of this Agreement will operate as a waiver of this provision.


ASSIGNMENT

  1. LBPE will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

ENTIRE AGREEMENT

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

ENUREMENT

  1. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

TITLES/HEADINGS

  1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

GENDER

  1. Words in the singular mean and include the plural and vice Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW

  1. This Agreement will be governed by and construed in accordance with the laws of the State of

SEVERABILITY

  1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

  1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

OTHER TERMS AND CONDITIONS

  1. By securing services with LBPE, The Client also agrees to terms and conditions expressed in the following agreements:
    • Non-Disclosure Agreement
    • Non-Compete Agreement
    • Media Release Agreement