These Terms of Use of Services (the "Agreement") entered into and effective as of this date shown on the signature page below represent an agreement by and between Megan O'Hare ("Client", "you", or "your") and MEGAN O'HARE (“Coach”), acting on behalf of O'HARE PHOTOGRAPHY LLC (“Company”).
You are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
TERMS.
Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with 1:1 DIGITAL PHOTO ORGANIZATION (“Program”). Client agrees to be open, present and prepared to assist in completion of the work. Client is responsible for his/her own success and implementation of objectives met. The content included in the Service is for your individual, non-commercial use. Client agrees not to share login details and/or Program materials with any third parties.
Our Obligations To You Include the Following:
1. One 5TB Hard Drive that I will mail to you at the end of the project.
2. One 60-minute ZOOM to set up your organization goals, explain the process, and centralize your photos. This may take longer than 60 minutes, but you will only be required to be present for the first 60 minutes. You may need to allow me to have control of your computer remotely.
3. We will consolidate photos from multiple sources, remove duplicates, sort them into year/month folders, and securely back them up to a cloud service provider. The result is an organized Photo Library containing your digital photos and videos, all seamlessly stored using the 3-2-1 method. We will also help you set up a system that works for you, so that you can add new photos to your new library for years to come.
4. We will have a final 60-minute ZOOM call to explain your new photo library and set up your backup system on your computer.
PROGRAM PRICE.
The price of the Program varies based on the number of photo sources you include. By entering into this contract, you agree to pay the Program Price to the Company and subject to the No Cancellation/No Refund policy outlined below.
The price of a private 1:1 organization with us is as follows:
Lite: $2097 (one cloud service + hard drive)
Standard: $2997 (up to 3 photo sources)
Large: $3997 (up to 5 photo sources)
Oversized: Custom Pricing (6+ photo sources)
In the event any automatic payment fails after reasonable attempts to run the stored credit card, and payment has not been made by Client for more than ten (10) days, they will be considered to be in default of this Agreement. Coach has the right to immediately disallow participation by Client in any of the above-mentioned Program activities until the past due payment(s) is made and the installment plan is up to date. If Client remains in default for more than thirty (30) days, Coach has the right to terminate the agreement and pursue collection of payment pursuant to the acceleration of the Installment Plan.
Upon Client being in default for more than thirty (30) days, any remaining amount outstanding of the total Program Price shall be accelerated and become due immediately. No discounts, set-offs or waivers will apply even if Client has been removed from all Program access.
REFUND POLICY.
The Client understands that due to the nature of the services provided, the investment in the Program materials, and the access Client has to this information and their required involvement, the Coach does not offer any refunds. Upon execution of this Agreement, Client agrees to pay the full Program Price and remains committed that Client is fully dedicated to the completion and engagement with Program and Coach.
COLLECTION OF PAST DUE AMOUNTS.
Collections Actions for amounts past due or unpaid may be brought by Megan O'Hare against you in a Court of competent jurisdiction to oversee this type of claim. You agree to be held liable for any costs of collection, including but not limited to, attorneys’ fees, court costs, late fees and collection costs. You agree to avail yourself to the sole jurisdiction of the State of Nebraska for these types of claims to enforce past due amounts in a collection action.
NO-SHOW POLICY AND RE-BOOKING FEE
The parties acknowledge the importance of attendance at scheduled meetings for the successful execution of this contract. In the event that a party is unable to attend a scheduled meeting, it is imperative to provide timely notice. Failure to attend a meeting without prior notice will be considered a 'no-show.' In the case of a no-show, the non-attending party shall be responsible for a re-booking fee of $100 to cover administrative and other associated costs. This fee must be paid before booking another meeting. The parties understand that unforeseen circumstances may arise, and exceptions to this policy may be made at the discretion of both parties. However, repeated violations of this policy may result in the termination of the contract without a refund.
NO THIRD PARTY ACCESS.
You hereby agree not to share login information, training videos, call recordings, call-in numbers, passwords, protected links, or other media and the content therein with any third party and you acknowledge that doing so is a material breach of this Agreement. You are responsible for maintaining the confidentiality of all such information and you agree to make every reasonable effort to prevent unauthorized third-parties from accessing such information and you agree to notify the Coach immediately of any unauthorized use.
INTELLECTUAL PROPERTY RIGHTS.
In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or existing in the Program whether finished or unfinished. Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, for violation of these intellectual property rights.
You acknowledge that, from time to time, Megan O'Hare and Company may wish to refer to its relationship with you as a Client in its promotional literature and marketing materials. On acceptance of these terms, you consent to being referenced in such promotional material with the inclusion of images, words and feedback and any comments you may post to Megan O'Hare chat boards and groups during the Program.
Megan O'Hare and Company reserve the right to include quotes or summaries of reviews or comments from any members including their name, industry and website.
NON-DISPARAGEMENT.
The Client and the Company agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives. The Coach reserves the right to immediately remove Client from the Program, without refund, for violation of these non-disparagement terms.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
LIMITATION OF LIABILITY.
By using Megan O'Hare’s services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such
transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, financial, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program.
MARKETING.
You agree that the Company has not made any guarantees about the results of joining Program. The Company provides educational and informational resources that are intended to help Client succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU ACCEPT THAT OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE REQUESTED THROUGH OUR PROGRAM.
DISPUTE RESOLUTION.
The Client and the Company agree and accept that the only legal venue for resolving a dispute shall be in the venue set forth herein. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement within ninety (90) days from the date of the initial demand, arbitration shall take place in YORK, NEBRASKA or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of NEBRASKA within THE UNITED STATES, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
