The Visibility Extravaganza Programme

Terms & Conditions 2023

This agreement (the “Agreement”) is made on [insert date] (the “Effective Date”) between [insert client name] (“Client”), and Olivia Marocco Photography trading as Brand You (“Brand You”).

SERVICES

Brand You agrees to provide the Client with a complete Visibility Extravaganza Programme over a three-month period from the date of booking.  The schedule will include:

1 / A one-hour  onboard session (online) with Brand You to explain how the programme works and answer any questions. 

• Programme questionnaire to define the Client’s personal goals and expectations. This will enable Brand You to select the team of brand, PR and photography experts who will work with the Client for the duration of the programme.
• Booking of any bonus services requested by the Client.
• Assist with the Client scheduling of individual sessions with the Brand, PR and Photography Experts.
• Regular follow-up/status calls with all parties.

2 / A 4-hour 1-1 strategic branding session (online) with a professional Brand Strategist hand-picked by Brand You and highly experienced in working with small business owners and obtaining significant results. The session is designed to help the Client position themselves as an industry leader and take their business to new heights. A combination of brand education and coaching is provided to include:

(needs some words to explain this list is not exhaustive and may include other complimentary services as deemed helpful by the Brand Expert).

• The tools and mindset to gain the clarity, confidence, and courage the Client needs to make a lasting impact. 
• Vision, purpose, and goals to the Client’s brand story, unique set of skills and expertise, and personal style.
• Crafting of a brand persona.
• A compelling elevator pitch, definition of the Client’s messaging, and identification of their ‘fame factor’. 
• A one-of-a-kind takeaway tool and brand guide to keep on track and moving towards the Client’s goals with greater confidence and clarity.

3 / A 3-4 hour 1-1 kickstart PR creative coaching session (online) with a professional and highly skilled PR Expert working with female entrepreneurs to build a bespoke PR framework, look at big picture planning and PR goal setting.  A combination of PR education and coaching is provided to include: Finding the Client’s story, understanding their audience and how PR can help.

• Finding the Client’s story, understanding their audience and how PR can help.
• Looking at the types of media that would speak to an ideal customer avatar.
• Creative brainstorming the PR and visibility channels that work best for the Client’s business.
• Media/PR training. Writing a press release.
• Positioning to start attracting and seeking media placements.
• A bespoke PR Action Plan with the framework to drive the Client’s business forward efficiently and effectively.\

4/ A 3 hour personal brand photoshoot with a personal branding photographer offering a variety of business lifestyle portraits, creative headshots and small business storytelling images to create new or update current brand and PR to include:

• Brand questionnaire.
• 30 – 60min pre-shoot planning session.
• Shoot preparation guide.
• 3 hour photoshoot
• Unlimited outfit changes within 3 hours.
• Fully guided photoshoot with posing direction.
• An online gallery with 80+ images.
• 20 images selected by the Client to be edited with a light natural skin retouch.

5/ Delivery of multiple Brand You Visibility Extravaganza  benefits, to include: 

• An IG Live chat with the Client on the Visibility Extravaganza’s Instagram account.
• A 2-page feature article in Brand You Magazine to share the Client’s story and showcase their expertise as an authority figure.
• 1 blog submission.
• A highlight feature in Brand You’s newsletter and posts on social channels.
• Interview with the client at the end of the programme diffused on the Visibility Extravaganza’s YouTube Channel.
• Personalised front cover and visibility feature in the Visibility Extra-zine published online.

INVOICES AND PAYMENT

• Hereby, the Client agrees to pay Brand You, the Subcontractor, an amount of £4,495 incl VAT for the Services provided by Brand You for the complete Visibility Extravaganza Programme set forth in this Agreement. 
• A non-refundable 40% deposit of £1,798 incl VAT will be paid by the Contractor to the Subcontractors upon completion of the booking and Client payment received and before the session commences.
• The Client may choose to pay the remaining amount in two further monthly instalments of £1,348.50 incl VAT each.
• Unless specifically agreed otherwise, invoices will be submitted according to the agreed payment schedule by Brand You and payment made within 14 days.
   
• The Client shall pay all accounts in full and not exercise any rights of set-off or counterclaim against invoices submitted by Brand You.

SCHEDULING

• Brand You will schedule sessions with each of the Experts within 3 calendar months from the date of this Agreement. If we are waiting for you to join a scheduled Session for more than 15 minutes from the scheduled start time, we reserve the right to treat this as a no-show and you shall forfeit your right to that session. NEED TO FIND SOMETHING MORE GENERIC TO COVER EVERYONE.
• If the Client needs to reschedule the session, we kindly ask for at least 24 hours’ notice to accommodate their needs. If for any unforeseen circumstances, Brand You has to reschedule, we will provide a new date and time that works best for the Client.

CANCELLATION AND REFUND POLICY

• Any cancellations are non-refundable. Due to the nature of the session, refunds are not available once the session has been completed.

RESULTS

The Client accepts and understands that they are solely responsible for making decisions and taking appropriate action as a result of anything covered during the sessions and that Brand You shall not be liable for their failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of their participation in the programme or our delivery of the services. Brand You makes every effort to accurately represent the session and the services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. As with any business endeavour, there is an inherent risk of loss of capital and Brand You makes no guarantee, representation or warranty with respect to the Services provided.

CONFIDENTIALITY

The parties agree to maintain the confidentiality of any information disclosed during the session. The parties agree not to disclose any confidential information to any third party without the express written consent of the other party, except as required by law.

TERMINATION RIGHTS

Brand You reserves the right to limit delivery of the session or suspend, and/or terminate this Agreement, if we reasonably determine that the Client is preventing us from delivering the session and the services in any way. Such behaviour shall include, but not be limited to, displaying a lack of interest in the session or services, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence either privately or publicly; and/or failing to follow or abide by any term of this Agreement, whether such action constitutes a material breach or not.

INTELLECTUAL PROPERTY

The Client acknowledges and agrees that any materials provided by Brand You in connection with the programme are the exclusive property of Brand You and may not be reproduced, distributed, or used for any other purpose without the express written consent of Brand You.

LIMITATION OF LIABILITY

Brand You shall not be liable for any indirect, special, consequential, or incidental damages arising out of or in connection with the programme sessions, even if Brand You has been advised of the possibility of such damages. The liability of Brand You to the Client in connection with the programme shall be limited to the amount paid by the Client. Throughout the duration of the programme and at any time thereafter, the Client agrees to take no action which is intended, or would reasonably be expected, to harm Brand You, the company, agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating to the subject matter of this Agreement.

MODIFICATIONS

This Agreement may not be modified or amended except in writing signed by both parties.

PRIVACY POLICY: We use and process your personal information in accordance with our Privacy Policy, a copy of which you can see here. 

DON’T HAVE ONE YET BUT HOPE I CAN FIND ONE ONLINE TO SUIT THE PURPOSE

PHOTOGRAPHY 

THIS WILL PROBABLY NEED TO BE A SECTION ON ITS OWN AS IT COVERS SPECIFIC T&Cs.  I MAY NEED TO SLOT IN THE NAME OF THE PHOTOGRAPHER ASSIGNED TO THE CLIENT AS THERE MAY BE SLIGHT DIFFERENCES FROM ONE TO ANOTHER

ONLINE ORDERING: Your secure online gallery will be ready within 2 weeks of the session. This will be live for 5 days for you to view and share with family and friends. The gallery will automatically be taken down after 5 days so please email or telephone with your order before this time. A £20 re-hosting fee is applicable if you require the gallery to be made live again to make your choices. Your images will be kept on file for a minimum of 12 months. You can request for your gallery to be made live again for a further 5 days during this period, for a fee of £20. 

COPYRIGHT & MODEL RELEASE: Vicki Knights Photography retains copyrights on all images and reserves the right to use and publish in their portfolio, advertising material (including print, web, blog, social media channels and promotions on 3rd party websites), publication and any other purpose and in any manner and medium unless written refusal is provided by the client.

USAGE RIGHTS 

• Upon payment of all fees, Vicki Knights Photography grants to the client an unlimited usage license for the images purchased (or included in the agreed fee) to be published solely for its own business purposes. This does not include permission to make copies for sale or for use in competitions. Vicki Knights retains ownership of the copyright and other intellectual property embodied in the digital images. When images are used on social media or in any publications, a credit to Vicki Knights Photography is required, along with a tag to social media pages where possible.
• Employees who work for the client are granted a license to use the images online with a credit to Vicki Knights Photography.
• The client must not edit, copy, alter, add to, take from or otherwise adapt any of the images unless written authorisation from the photographer is given.

LICENCE: Vicki Knights shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and location it may not be possible to capture all the images requested. 

RETOUCHING: The images included in your package are fully edited including standard retouching such as softening skin and stray hairs. If you request complicated retouching such as slimming down, teeth whitening, hair colour changes etc, this will need to be outsourced to a professional retoucher and will be charged at cost. 

TIMINGS: The length of the shoot is 3 hours. This is the whole length of the time I am with you, including your outfit changes and travel between locations. If you require extra time on the day, I may be available to shoot for longer at an extra cost of £200 per hour to cover the extra shooting and editing time. This includes your choice of 5 additional images. 

LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes ill or has an extreme emergency that prevents her from attending the session, Vicki Knights Photography will make every effort to reschedule the session. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the session purchased. Vicki Knights Photography takes the utmost care with respect to transportation, processing and storage of the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Vicki Knights Photography’s control, Vicki Knights Photography liability is limited to the return of all payments received for the portrait session and/or products. 

I maintain professional indemnity insurance and whilst we make every effort to ensure that your photo shoot is a safe and enjoyable experience, and that you receive photographs that you will cherish, things can go wrong. This section outlines our liability to you in these circumstances. 

We will not be liable to you for: your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect)

Nothing in these terms & conditions will in any way exclude or limit our liability to you for: death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other matter for which it would be illegal to exclude or attempt to exclude our liability.