Terms and Conditions
These terms outline the services and policies of Brett Dorrian Artistry Studios, LLC, (“BDAS”). The Client has hired BDAS to provide services under The Refinery program. “Fee” refers to the agreed upon amount of money owed, by Client to BDAS, for services.
1. Services. BDAS looks forward to providing quality services (“Services”), either in our Studio or at an on-site location, to Client, on the designated Session Date. Most communication with Client can easily take place via phone or email.
2. Deposits, Fees and Payments. Client agrees to pay the agreed upon fee to BDAS for services. A non-refundable Payment of 100% of the Fee is due at the time of booking and/or as per the monthly payment offered.
If Client misses a meeting, it may be skipped, at the sole discretion of BDAS. BDAS personnel will not be required to stay passed the agreed upon Session end time or offer a new date. Additionally, any Session Day changes will be subject to BDAS’s availability. In the event of additions to Client’s Session service or day of incidentals, either verbally or in writing, after final payment has been made, Client will pay for additions at the appointment.
Client acknowledges that any damage to items caused by them, any Session guests, other vendors, or any other individual, will require them to pay any necessary repair or replacement costs.
3. Taxes. The goods and services provided by BDAS shall be subject to appropriate taxes.
4. Cancellation. All payments and reservation fees are non-refundable. The Client is free to terminate BDAS’s services upon written notice, at any time, without cause. BDAS may also withdraw services if the Client does not cooperate in the agreed upon planning process or pay BDAS’s fees and expenses in a timely manner. If the Client terminates BDAS’s services or BDAS withdraws, all fees, service charges, and disbursements incurred to that time will be due and payable. BDAS’s time on the project will be calculated at a rate of $250.00 per hour.
5. Transfer of Service. In the case where the Client requests a transfer of meeting services to a different date, BDAS will comply based on availability. All deposits and payments will transfer to the new Session Date and continue to apply towards the fee. The fee is subject to change based on the new Session Date. Should BDAS be unable to provide services on the new Session Date the cancellation policies will apply.
6. Images and video of services. Brett Dorrian Artistry Studios retains all copyrights to the images and derivative works thereof. Client will not produce any photos or video footage of services.
BDAS retains the right to use the photographs, with Client’s personal image and the images of Client’s guests, for BDAS’s promotional or other purposes, including posting photographs on BDAS’s website and blog and submitting the photographs to events industry or styling websites, magazines, blogs or other publications, without compensation to Client or any of the persons or places included therein.
7. Additional Expenses:
a. Travel. BDAS personnel will be paid their hourly rate while traveling to Client’s event.
b. Mileage. Mileage may be applied to venues outside of the 694/494 freeway loop. $1.00 per mile, per employee, from BDAS’s office to venue and back.
8. Working Conditions. Client shall provide a safe working environment at the Session and safe sources of sufficient electrical power needed for BDAS’s equipment to properly function.
On Site Photography Services:
a. Quality Documentation and Obstruction: BDAS makes every effort to capture all the important moments that take place on the Session Date through the use of quality equipment, and qualified photographers. On the Session Date, Client should notify BDAS photographers when specific special moments are about to begin so they can be properly documented: e.g., important speeches; award presentations. Also, it is crucial that no Client, Session guests, or other vendors of the Client may impede the BDAS photographers while shooting or performing related duties; failure to comply with this may result in missed moments or fewer delivered images. The responsibility of this will fall on the Client to ensure all are in compliance.
9. Limitation of Liability; Indemnification. Client agrees that, to the fullest extent permitted by law, BDAS’s maximum total liability for any claims, breaches or damages by reason of any act or omission, including breach of contract or negligence not amounting to willful or intentional wrongdoing, shall be limited to the amount of the fees actually paid by Client. Client agrees that, to the fullest extent permitted by law, BDAS shall not be liable for any claims for punitive damages, consequential damages, special damages, emotional distress, mental anguish, lost profits, loss of enjoyment, lost revenues or replacement costs.
Client agrees to indemnify, defend and hold harmless BDAS against any and all claims, costs, and expenses, including attorneys’ fees, arising in connection with any styling or photography services provided by BDAS to Client, including images used by Client, or at Client’s request, for which no copyright permission or privacy release was requested or uses which exceed the uses allowed pursuant to a license of other permission, any issues arising in connection with Client’s dissatisfaction with the styled results.
BDAS assumes no responsibility for any damages to any property by the Client, Client’s guests or any service providers hired by the Client. BDAS does not guarantee any recommended service provider’s performance or product.
10. Incapacitation. Should BDAS become materially or physically incapacitated, such as due to injury, severe illness or unexpected circumstances prohibiting them from performing the Services for any reason, BDAS will make every effort to connect Client with a comparable, replacement styling and/or photography services vendor. In the unlikely scenario that such a situation does occur and a suitable replacement is not found by BDAS, or should Client reject the proposed replacement, Client agrees that the maximum remedy shall be a prorated portion of the fee paid by Client prior to the date of the occurrence of incapacitation, based upon the extent of the Services performed prior to incapacitation.
11. Additional Provisions:
a. Force Majeure: No Party to these terms shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections or any other cause beyond the reasonable control of the Party whose performance is affected.
b. No Implied Waiver: The failure of any Party to require strict compliance with the performance of any obligations, terms or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of these terms.
c. Modifications: With the limited exception of verbal agreements by both parties to day-of increases in services, any modification or amendment to this Agreement requires the mutual consent of the Parties, and must be made in writing and signed by all Parties, which may include email for minor changes to the services and goods (equal to less than a 10% increase or decrease in the fee) so long as the parties provide proper acknowledgement of the changes by way of written acknowledgment.
d. Controlling Law and Jurisdiction: The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Minnesota and the Parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in Minnesota.
e. Dispute Resolution: Any dispute or claim arising under or in any way related to this Agreement in excess of Minnesota small claims court jurisdiction shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The Parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator in Minnesota. All Parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same, and the Parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this Agreement. Any dispute arising under or in any way related to this Agreement in excess of Minnesota small claims court jurisdiction that is unsuccessfully resolved through mediation shall be submitted to binding arbitration. The Parties shall select a single arbitrator and the arbitration shall be held in Minnesota. The arbitrator’s decision shall be binding on the Parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing Party in any arbitration, trial or other proceeding shall be awarded all filing fees, related administrative costs and reasonable attorneys’ fees. Administrative and other costs of enforcing an arbitration award or judgment, including the costs of subpoenas, depositions, transcripts, witness fees, payment of reasonable attorneys’ fees and similar costs will be awarded to the prevailing Party.
f. Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
g. Headings: The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.
ALL PARTIES HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Brett Dorrian Artistry Studios
711 NE 15th Ave, Suite 204
Minneapolis, MN 55413