As a Brand Ambassador I agree to the following:

I understand the duration of this agreement is 12 months from the time I accept the position.

 

· I will actively promote Out of The Box Imagery and will not represent/come into another contract with another

boudoir photographer within Nebraska.

 

· Actively promote means to speak positively about the experience, the professionalism etc. I experienced during my own session(s) and to spread the movement of boudoir and empowerment around our community.

 

I will share no less then one post in the facebook group a week.

 

 

· I will share and promote Out of The Box Imagery on social media, in person, online, in blogs etc.

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​· I will share at least one post a week on all my social media that promotes Out of The Box Imagery with my photos provided(Or it can be sharing one of my posts) and make sure to include my brand ambassador discount of 20% on a new clients booking of a full package that comes when they mention my name.(This excludes minis and weddings.)

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· I will participate in events as scheduled and requested (schedules permitting although no call no shows are grounds for dismissal from the program and everything needs to be communicated far in advance.)

 

· Marketing and advertising events that are ‘out of the norm’ will be consulted with and approved by Out of The Box Imagery prior to execution.

 

· I understand being an Ambassador Grants full permission (model release) for Out of The Box Imagery to use the images in all marketing and advertising materials, in print and on-line.

 

· Under no circumstances will I speak or leave negative reviews or comments about Out of The Box Imagery or any of their employees now or in the future.

 

Out of The Box Imagery will provide the following:

 

· A free boudoir or goddess session at their studio or another mutually agreed upon location.

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· Will provide digital images that are aligned and consistent with their brand so that the Brand Ambassador can distribute and promote Out of The Box Imagery.

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· Will help promote and advertise and jointly work on marketing/advertising strategies.

 

 

Payment/Service

In exchange for the Brand Ambassador being a voice and actively promoting Out of The Box Imagery, we will provide:

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· 1-8 free shoots (or thereabouts) during the 12 months this agreement is active

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· Digital images for promotional materials.

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· The associating Brand Ambassador will receive $75 in product/shoot credit per person that books with their name, which will be used towards the purchase of a photo Album, wall art, ect. OR can be put to a future session of their choice. There is no cash value and cash will not be rewarded if a product is not selected.

By signing/accepting this agreement, THE Brand Ambassador acknowledges that he/she has read it in its' entirety and is signing of their own free will. THE Brand Ambassador understands all Terms and Conditions and accepts responsibility for signing said agreement. Failure to follow the terms of this contract will result in immediate removal from the Brand Ambassador program and will result in a minimum charge of $200 per boudoir session they have had under contract. THEREFORE, the parties state, by their own free will, that they have read and accepted all of the Terms and Conditions stipulated in this Contract, including:

 

Force Majeure:

Out of The Box Imagery shall not be liable for its failure to fulfill its obligation under this Agreement, if such failure is due, but not limited to; an act of God, extreme weather conditions, inevitable accident, fire, lockout, strike or other labour dispute, riot or civil commotion, act of public enemy, rule of any government or governmental instrumentality (whether federal, state, local or foreign), failure of technical facilities, failure or delay of transportation facilities, or any other cause of a similar or different nature not reasonably within reasonable control.

 

Limitation of Liability:

Out of The Box Imagery DOES NOT MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE BRAND AMBASSADOR, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, OR PRODUCTS. IN NO EVENT SHALL THE PHOTOGRAPHER BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES INCLUDING, BUT NOT LIMITED TO, LOST MONIES.

THE BRAND AMBASSADOR further relieves THE PHOTOGRAPHER from: Any action, claim, command, obligation, cause of action, damages, costs, loss of service, expenses and compensation of any kind or nature whatsoever brought by any Third Party against THE BRAND AMBASSADOR arising out of any actions of THE BRAND AMBASSADOR and/or other Third Parties during the Contract with THE PHOTOGRAPHER; Any and all claims, demands or actions which may hereinafter or at any time be made or bought against THE PHOTOGRAPHER by any person or entity who has made, or agreed to make payments on THE BRAND AMBASSADOR'S behalf for any

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medical expenses or any other obligations incurred by THE BRAND AMBASSADOR as a result of property damage, bodily and personal injuries, illness, paralysis and or death to THE BRAND AMBASSADOR or any members of THE BRAND AMBASSADOR'S family arising out of THE PHOTOGRAPHER'S activities.

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This Agreement constitutes the entire agreement between THE BRAND AMBASSADOR and Out of The Box Imagery with respect to the provision of the Services, and takes precedence over all prior oral and written Agreements and discussions with respect to the subject matter, and, except as specifically set forth herein, there are no other Agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter. Neither party can modify or amend this Agreement unless such modification and amendment is in writing and is signed and agreed upon by both parties.

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THE BRAND AMBASSADOR acknowledges that he/she cannot assign or transfer this Agreement or the rights and obligations

contained herein to any person or entity without the written consent of Out of The Box Imagery. No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other similar right of any kind to any person or entity which is not a contracting party to this Agreement. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

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IN NO EVENT WILL THE PHOTOGRAPHER, ITS AFFILIATES, AGENTS, LICENSORS,SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE FROM KNOWLEDGE LEARNED OR EMPLOYMENT, LOST PROFITS OR LOST SAVINGS, EVEN IF THE EMPLOYER OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL THE EMPLOYER AND COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR

LOSSES RESULTING FROM: DATA CORRUPTION, TRANSMISSION ERRORS OR PROBLEMS OF LEARNED KNOWLEDGE, PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY THE EMPLOYEE.

I, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS,THE RIGHTS AND RESPONSIBILITIES, AND RELEASES THERIN, BY SELECTING THE ‘CHECK’ BOCK AND SUBMITTING I HAVE AGREED TO ALL TERMS AND REQUIREMENTS AND WILL POSITIVELY PROMOTE Out of The Box Imagery.