Terms and Conditions

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


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


Equipment. The Participant is responsible for providing all of the equipment of use to complete the Workshop unless agreed upon otherwise. Equipment required includes:
Computer and internet access
Film or digital camera
Those shooting mainly film are required to bring their own film.
Memory cards
Light meter
Tripod
Any other photographic materials required will be sent by the instructor via email.


Confidentiality and Non-Disclosure. The Participant understands that all materials, including but not limited to price lists, contracts, financial documents, agreements, and other information or documents given to them in the course of the Workshop, 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.


Transfers/Refunds. The Workshop fee is non-refundable. The Workshop fee MAY be transferred to another Participant subject to the approval of the Instructor. Transferring is the responsibility of the Participant.


Cancellation. The Instructor shall make every effort to give the Participant advanced notice of any changes. In the event that an assignment is canceled, the Instructor will provide notice to the Participant as soon as practicable. The instructor is not liable for damages incurred in reliance on this agreement.
If, for any reason, we are forced to cancel a workshop, your entire tuition will be applied to another workshop. Or, you can have it fully refunded.


Schedule. The Workshop schedule is subject to change, and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances.


Participant Preparation. The Participant is required to have a basic working knowledge of their camera / photographic equipment and general photography. The Participant shall complete and submit any assigned pre-work to the Instructor at least 48 hours before the Instructing session(s).


Recordings. The Client shall not capture the session in any capacity, including but not limited to voice recording, tape recording, photography, etc.


Photographic Materials. The Participant shall not be allowed to publish the photographs as their own original work. The Participant shall use images on their website and social media channels. The Participant shall identify all photographs taken during the course of the Workshop as “Workshop Host: Rudney Novaes.”
All photographic materials obtained in the course of the Workshop shall remain the copyright property of the creator per Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102.


Cooperative Attitude. The Participant shall retain a cooperative attitude throughout the course of the Workshop. At any time the Participant acts uncooperative, the Instructor shall terminate the Workshop and retain all Workshop fees. All unpaid Workshop 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 the Instructor or a third party in reference to the Workshop.


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.


Indemnification. All be held harmless for any and all injury to Participant and Participant’s business and equipment during the course of the Workshop and the immediately surrounding events.


Governing Law and Choice of Venue. The ESTATE OF MARYLAND laws shall govern this Agreement 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 Prince George's County Circuit Court - 14735 Main St, Upper Marlboro, MD 20772


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 action in addition to any other relief that may be awarded.


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 Maryland.


Resolution. Participants shall first approach the Instructor as to any issues related to the Workshop.


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 this Agreement's date. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.


Model Release. This agreement serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for the purpose of Photographer's advertising, trade, promotion, or exhibition of Photographer's own photography services. All credit for the images remains the property of Rudney Novaes Photography. The participant waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. Photographer agrees not to use, sell, or license the photographs for other purposes or commercial uses. This release is binding on the Photographer and Client, their legal representatives, heirs, and assigns.