Terms and Conditions for Online Training
We thrilled to have you as part of Scott Smorra Photography Online Training Program and are excited to assist with getting your photography to the next level!
It is important that we begin this relationship with a clear understanding of how we will work together in order to work towards achieving your goals. Please review these Online Training Terms & Conditions (“Terms”) very carefully. By participating in the Scott Smorra Photography Training Program, you are agreeing to and are expressing that you have been given reasonable access to review these terms prior to your participation. These Terms are binding as of the date you purchase or access our products and/or services. Of course, we are happy to clarify anything or answer any questions you may have.
These Terms are between you (“Participant,” “Client,” “you,” “your”) and Scott Smorra Photography(“Instructor,” “we,” “us,” “our”) for the purpose of participating in the Scott Smorra Photography Online Training Program (the “Program”) whether through the Instructor’s website at www.scottsmorraphotography.com or www.scottsmorra.com or any related domains or subdomains (the “Website”), video or audio conferencing platforms, telephone, or in person. The Instructor and the Participant will collectively be referred to as “Parties,” and each individually as a “Party.”
Scope of Services
The Scott Smorra Photography Online Training Program will begin after payment is made and a meeting date/time is agreed upon by the Parties. The Program will consist of the following:
- Online Training agreed upon by the parties. Potential topics include:
- Post processing training in Adobe Lightroom Classic (or Adobe Camera Raw, ACR) and/or Adobe Photoshop 2023
- Training related to art and creativity
- Image critique sessions
- Creative photography mentoring
- The Program will include:
- Welcome Email with Training Program overview, session schedule, reading materials, self-assessment, and any other documents and instructions prepared by the Instructor to support you throughout this Program
In order to get the most out of the Program, you understand and agree that:
- Because the Online Training Program requires the participation of both the client and instructor, sessions will begin on time, every time. You should plan to join the Training Session at least five (5) minutes prior to the scheduled start time through the video conference link provided by us.
- If a training session needs to be rescheduled, please notify the Instructor at least 24 hours before the session is scheduled to start. Failure to do so may lead to forfeiting the fee for that session. If you are late for or miss an Online Training Session, we may be unable to make up for the time missed.
- We may assign homework for you to complete prior to a Training Session. Completing your homework in advance is optional, but completion will greatly enhance your experience and participation during the Session.
We are fully committed to supporting you on your journey through the Scott Smorra Photography Online Training Program. We promise to conduct ourselves professionally and ethically at all times.
Communication Between Sessions
If you need additional support outside of Training Sessions, we are happy to connect. Separate 1-on-1 calls can be scheduled at a special discounted rate of $60 per hour for Program participants.
License for Use
By purchasing the Program through our Website, you are agreeing to the Online Training Program Terms and Conditions and, in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) for you to participate in the Program by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing Program Materials (the “Materials”), whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Materials for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to access the Program and use any associated materials for yourself only. If you have multiple team members who would need access to the Program, you must purchase an additional License for each member of your team and ensure they are aware of these Terms.
We own and retain all rights, titles, and interests in and to the Program and Program Materials. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Materials in a way that is consistent with these Terms does not grant you intellectual property ownership or the right to modify the Materials beyond these conditions, and in no way expands the limited license provided upon purchase.
Independent Contractor Status
Our working relationship with you is one of an independent contractor and is not to be misconstrued as formal employment or a business partnership in any venture. As your Instructor, we fully understand that we:
● Are solely responsible for paying all necessary taxes and handling withholdings where applicable according to the tax information you may provide to us.
● Are not entitled to any of the benefits of an employee.
● Do not have and may not present ourselves as having the authority to enter into contracts on behalf of the Client.
● May not make any agreements or representations on your behalf.
● Must comply with all applicable laws and regulations in delivering the Program.
Other Business Activities
You understand and agree that this is not an exclusive relationship, and that we have the right to provide training to other clients during the Term of these Terms as long as it does not hinder us from delivering the Program to you and does not introduce any conflict of interest.
By signing these Terms, we are communicating that we have the right to enter into these Terms and are not violating any other contractual agreements in doing so.
In order to get the maximum benefit from participating in the Program, each participant may want to share some information about their business offerings, business strategies, or other information that is not available to the public, confidential, or proprietary in nature (collectively, the "Confidential Information"). Both the Instructor and the Participant agree to:
- Protect and safeguard the Confidential Information disclosed or otherwise made known to us;
- Use the Confidential Information only in connection with the Program;
- Refrain from using the Confidential Information in any way that would be detrimental to any participants; and
- Only disclose the Confidential Information to our employees or other designees on a need-to-know basis.
Both Parties understand and agree that the obligations under this provision survive termination of these Terms by either party.
Consent to Use
By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.
The Program is a professional relationship in which we work with you in a 1 on 1 setting, facilitating discussions around post processing, creative photography, image critique, goal setting, identifying possible areas of improvement, sharing experiences, and providing a forum for gaining clarity in working toward improvement in those areas.
Online Training is distinct from consulting in that the purpose of training is to facilitate the Client’s creative and strategic process, while the purpose of consulting is to provide specific advice, strategy, or assistance. While the Program may address or uncover certain roadblocks that are impeding the Participant’s progress toward achieving your goals, under no circumstances will the Instructor provide therapy nor give psychological, medical, financial, legal, or other advice that may require specialized training and/or licensure. As such, we will not be responsible for any damages that result from your participation in the Program.
No Warranties + No Guarantees
We are offering this Program on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. The Instructor makes no warranty as to the accuracy and reliability of information set forth in the Program, the Website, and Program-related materials. You understand and agree that participating in this Program does not guarantee specific results, including financial or other business gains for you personally and/or for the business. Program materials are provided for informational purposes only and you are responsible for implementing any business practices or suggested actions based on the Program.
You understand and agree that the Program may not be suitable for your [state/country/jurisdiction] and agree that you are solely responsible for finding a licensed attorney in your area to review and modify any materials provided in connection with the Program to adhere to your [state/country/jurisdiction]’s specific laws.
Payment + Billing
By providing the Instructor with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Instructor to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Program, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Instructor in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.
Due to the highly customized nature of Online Training Sessions, we do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for understanding.
By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Instructor. We have the right to present these Terms to your financial institution, any payment processing product and/or investigating agency concerning the attempted chargeback or financial dispute.
Promotions + Discounts
We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Program. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Program prior to any associated Promotions, we can, at our sole discretion, issue a partial refund in the form of cash/store credit if you notify us within 7 days of the date of purchase.
You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.
We reserve the right to update and revise these Terms at any time without notice to you. Your continued participation in the Program and use of the Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
Privacy + Protection of Personal Information
Error in Store Presentation
We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Program prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.
Termination of Use
We may terminate your account or restrict your use of the Website and/or participation in the Program at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The Instructor may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Participant.
Limitation of Liability
The Instructor is in no way liable to the Participant or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Participant was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Program you have purchased through the Website.
In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Washington County, Oregon, USA. If the arbitration is unable to move forward in the designated jurisdiction, the Instructor will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law
These Terms and the Parties’ relationship are governed by the laws of the State of Oregon. In the event of conflicting laws, the laws of the State of Oregon will control.
We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company through this contact form.
Severability + No Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Instructor.
Transfer + Assignment
You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Instructor.
To the extent that any failure or delay in our delivery of the Program under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Headings for Convenience Only
The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement + All Rights Reserved
In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of the Program and the use of the Website. The Instructor reserves any and all rights not expressly granted in these Terms.
Last Updated: February 17, 2023.