SMPlify Social membership Terms of Service

This agreement is between the person signing up, referred to as Participant, an independent contractor whose name and address appears on this sign up form, and Courtney Beitz  of Stolen Memories Photography, LLC. By signing up and using this membership, the Participant agrees to the SMPlify Social Terms of Service, as described below.

In exchange for adequate and valuable consideration, Participant agrees to these terms for the following Membership/Workshop/Coaching as follows:

Stolen Memories Photography, LLC will deliver each month: a workbook on the month’s topic, 10 social media images the participant can select from the members only stockshop, 3 free live trainings in the Facebook group SMPlify Social Insiders, and a monthly members-only video training in the membership site, in the form of a pre-recorded video. Participant will have access to this content for one month, starting on the 1st of each month, as long as the participant’s payment is valid.It is the participant’s responsibility to download, and work through the provided content each month before it expires. After it expires (at the end of each month), it will be placed in the members only shop to be purchased for a bulk price at any time the participant chooses. The membership will cover topics that the instructor chooses. Participants are required to pay a monthly fee of $59 / mo, and a one-time sign up fee of $59. All fees and payments are non-refundable due to the digital nature of this membership. Memberships can be canceled at any time through the participant’s online account portal and will end at the end of the current month they cancel their membership in. Pricing and/or membership content and/or structure is subject to change at any time.

Terms and Conditions

1.   Position. The Instructor agrees to deliver the Participant a monthly membership as a work-for- hire independent contractor providing membership services.

2.   Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between Instructor and Participant. Further, this Membership does not create a relationship beyond the confines of the Membership.       

3.   Equipment. The Participant is responsible for providing all of the equipment of use with which to complete the Membership unless agreed upon otherwise. Equipment required includes internet access, valid email, a computer, and any software needed to view/use any provided membership material such as, but not limited to PDF files, .zip files, videos, etc.

4.   Confidentiality and Non-Disclosure. The Participant understands that all materials, including but not limited to, price lists, contracts, financial documents, agreements, templates, graphics, photographs, videos, and any other information or documents that are given to them in the course of the Membership are the exclusive property of the Instructor and are privileged and confidential information. The Participant shall not disclose, whether for compensation or not, the confidential information obtained from the Instructor to anyone unless required to do so by law.

5.   Membership Content. “Sharing” Membership enrollment or materials is strictly prohibited and will result in immediate termination from the Membership, and any future Stolen Memories Photography, LLC product or service. Participant agrees to not use, edit, modify, share, reproduce, display, duplicate, distribute, or create any derivative work of the copyrighted products/images in any manner with anyone; including members previously enrolled in the Membership. Manner, including but are not limited to, usage on any websites, email, social media platforms, or print formats. If Instructor learns of Participant’s unauthorized use that is in violation of the Agreement, Participant agrees that she/he will pay Instructor a fee of $1500 for unauthorized use for each, any and all products subject to the Agreement.

6.   Cancellation {Participant}. Should a member desire to cancel their membership, all requests must be completed by the user through the membership website. The membership will end at the end of the month the participant chooses to end their membership. No refunds will be given for a lack of participation/completion.

7.   Cancellation {Instructor}. The Instructor shall make every effort to give the Participant advanced notice of any changes. In the event that a month of content for the Membership and/or any LIVE or prerecorded video  is cancelled, the Instructor will provide notice to the Participant as soon as practicable. Instructor is not liable for damages incurred in reliance on this agreement. Instructor is not liable for the termination of social media platforms this content is provided on, and in the event of this situation, the Instructor will make every effort to get the content to the Participant via email.

8.   Non-Compete. Participant shall not compete as a photography Instructor, content-creation Instructor, or Workshop Instructor (including similar or the same content) within three years of the completion date of this Membership. This includes, but is not limited to, in-person, online, forum-based instructing as well as digital products, whether for compensation or not. Further, Participant shall not solicit photography, content-creation, social media, or workshop business within 25 miles of the Instructor’s principle place of business as reflected by the address herein.

9.   Schedule. The Membership schedule is subject to change and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances. Membership content for the month is available on the 1st of every month and is available until the last day of the month. At the start of the new month, the previous month’s content will be removed and placed into the membership store, where members can buy past months’ bundles at the time of their choosing.       

10.  Participant Preparation. The Participant is required to have basic working knowledge of a computer, access to internet, downloading of PDF and/or .zip files, and using the software required to view/use any of the provided content.

11.  Assisting. In the event the Instructor assists the Participant during formal events, the Participant shall possess the responsibilities of an assistant. No monetary compensation shall be provided to the Participant. All compensation for fulfilling assistant duties shall be delivered through the education provided within the confines of the outlined Membership.

12.  Recordings. The Client shall not capture the lessons in any capacity, including but not limited to voice recording, tape recording, photography, etc without the expressed written consent of Stolen Memories Photography LLC.

13.  Cooperative Attitude. The Participant shall retain a cooperative attitude throughout the course of the Membership. At any time the Participant acts uncooperative, adopts an unwilling attitude, creates unnecessary conflict, refuses to participate in group activities, or fails to show a general spirit of goodwill towards other members, the Instructor shall terminate the Membership and retain all Membership fees. All unpaid Membership fees shall be remitted to the Instructor within 7 days of contract termination or be subject to legal action. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Instructor or a third party in reference to the Membership. Stolen Memories Photography, LLC reserves the right to make all final decisions in regard to Participant termination.

14.  Waivers. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.

15.  Indemnification. The Instructor shall be held harmless for any and all injury to Participant and Participant’s business and equipment during the course of the Membership and the immediately surrounding events. The Instructor shall be held harmless for any and all lack of results, unexpected results, and any and all other results from the Membership. The Instructor does not guarantee any results during the course of the Membership. The Instructor shall be held harmless for any and all changes made to any software, templates, and/or platforms used or discussed during the course of the Membership.

16.  Governing Law and Choice of Venue. This Agreement shall be governed by the laws of the state of Pennsylvania without regard to its conflicts of law provisions. The parties may bring an action concerning this Agreement only in the state and federal courts for Pennsylvania.

17.  Attorney Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

18.  Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Pennsylvania.

19.  Entire Agreement. This Agreement contains the entire agreement between the parties on its subject matter and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.