THE TIMELESS BOUDOIR RETREAT AGREEMENT AND RELEASE OF LIABILITY
THIS PHOTOGRAPHY RETREAT AGREEMENT AND RELEASE OF LIABILITY (this “Agreement”) is entered into effective as of TODAYS DATE (the date of booking), (the “Effective Date”), by and among TAMARA PASKEY EDUCATION, LLC, a Texas limited liability company (“Tamara Paskey Education”), and the individual set forth on the booking page (the “Participant”). Each of Photographer and Participant may hereinafter be referred to as a “Party,” or together as the “Parties.”
In consideration of being permitted by Tamara Paskey Education to participate in the Retreat, the intangible value and knowledge that Participant will gain by attending the Retreat, and in recognition of Tamara Paskey Education’s reliance hereon, Participant agrees to all the terms and conditions set forth in this Agreement.
Retreat Terms. The details of the Retreat (as hereinafter defined) are as follows:
The Timeless Boudoir Retreat. The Timeless Boudoir Retreat (the “Retreat”) begins on January 31st, 2025 and ends on February 1st, 2025. The Retreat will take place in Denison, Texas, and payment for the Retreat includes educational and hands on-photography courses, 3 meals, and may include an overnight stay in the Retreat house if Participant has opted to do so.
Retreat Fee. The cost to attend the Retreat is $1,750.00 to $2,100.00 according to the choice of an overnight stay or drive-in attendance. (the “Retreat Fee”). The Retreat Fee includes:
(i)Educational courses including seated classwork, and hands-on photography education
(ii)Catered lunch, dinner, and casual breakfast at the Retreat House.
(iii)A 3 hour guided shoot-out setting the morning of February 1st
Non-Refundable Retreat Fee. The Retreat Fee is non-refundable. If Participant wishes to forfeit their spot at the Retreat, Participant may transfer the Retreat Fee to another photographer to attend the Retreat with the prior consent of Tamara Paskey Education.
Housing Requests. Participant acknowledges that Photographer will take into consideration any requests for specific room assignments, but that the fulfillment of such requests is not guaranteed.
Transportation. If Participant has chosen to be a “Drive-in” attendee, Participant is responsible for transportation to and from the Retreat House on January 31st and February 1st, 2025. If Participant has chosen an overnight stay at The Retreat House, a bus will pick up the attendees at The Gaylord Texan hotel at 8:00am to take them to the retreat house, and will take them back on February 1st at 11:30am. The drive time between The Gaylord Texan hotel to Braun Manor is approximately 1 hour and 15 minutes. The Retreat House will have parking available if Participant chooses to drive or rent a car.
Nature of Retreat. Participant acknowledges and agrees that the subject of the Retreat and the workshops is boudoir photography, with the focus being on lingerie and nude photographs. Only Participants ages 21 years and older are permitted.
Participant Representations and Warranties. Participant hereby represents and warrants to Photographer the following:
Participant hereby acknowledges and agrees that the use of any illegal drugs, or engaging in any other illegal conduct, is strictly prohibited at the Retreat House and during the Retreat;
Participant shall notify Photographer prior to the Retreat of any food allergies or dietary restrictions;
Participant agrees to abide by the rules of the Retreat House as may be further set forth during the Retreat, including but not limited to, refraining from drinking excessive amounts of alcohol, and adhering to the quiet hours restrictions and not disturbing those in or around the Retreat House between the hours of 10pm to 7am.
Restrictive Covenants. Participant understands and agrees that one of the main purposes of the Retreat is to learn from the experiences of Tamara Paskey-Alexander and Cate Scaglione, and they will be sharing Confidential Information (defined below), trade secrets, and proprietary information they have independently developed and critical to their businesses. But for Participant’s agreement to abide by the terms in this Section 3, Photographer would not allow Participant to attend the Retreat or share their proprietary information with Photographer. Participant hereby agrees as follows:
Non-Competition. Participant represents and warrants that Participant does not provide photography services within (i) one hundred (100) miles of Alexandria, Virginia (“JS Studio”), or (ii) one hundred fifty (150) miles of Dallas, Texas (“Vixen Society Studio”). Such area within one hundred (100) miles of the JS Studio, and within one hundred fifty (150) miles of the Vixen Society Studio is hereinafter referred to as the “Restricted Territory.” Participant hereby agrees and covenants not to engage in any business providing portrait photography or boudoir photography services within the Restricted Territory for a period of (2) years after the termination of the Retreat.
Intellectual Property. Tamara Paskey Education and Cate Scaglione exclusively own and controls the educational material taught during The Retreat, which provides information about their techiniques, business practices, and which provide access to educational materials pertaining to a variety of photography classes, templates, and guides. You agree that use or access to any or all of the educational material does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, spoken, or otherwise, is expressly prohibited. By attending The Retreat, you expressly agree to pay a minimum fine of $10,000 per incident for any unauthorized use of our content, at the sole discretion of Tamara Paskey Education or Cate Scaglione respectively. Sharing proprietary information to allow non-attendees, Particpant’s own students, etc., and screen recording/screen shots to share the content are also unauthorized and will be subject to the minimum $10,000 fine as well.
Use of Photographs. The photographs that the Participant takes during the Retreat may be used on the Participant’s photography business website, social media, and in print for sample photographic products. The photographs that the Participant takes during The Retreat may NOT be used for their own educational materials, and may not be used in any photography or art competitions. The photographs may not be sold for profit, may not be used for stock photography, and may not be sold to a third party.
Confidentiality; Non-Disclosure. Participant acknowledges that during the course of the Retreat, Participant will have access to and learn about Confidential Information (defined below) of Tamara Paskey-Alexander and Cate Scaglione. Participant understands that but for Participant’s agreement to protect Tamara Paskey-Alexander and Cate Scaglione’s Confidential Information as provided in this Agreement, they would not disclose their Confidential Information to Participant. For purposes of this Agreement, “Confidential Information” includes, but is not limited to, all information not generally known to the public, relating directly or indirectly to portrait or boudoir photography, business processes, practices, methods, techniques, strategies, trade secrets, copyrighted materials, trademarked materials, and any other documents and information related to the boudoir photography education business disclosed by Photographer during the Retreat. Participant hereby agrees and covenants:
(i)to treat all Confidential Information as strictly confidential;
(ii)not to directly or indirectly disclose, publish, communicate, or make available Confidential Information, or allow it to be disclosed, published, communicated, or made available, in whole or in part, to any entity or person ; and
(iii)not to access or use any Confidential Information to the detriment of Retreat hosts and their respective businesses.
No Retreat Host Representations and Warranties. Participant understands and acknowledges that participation and attendance at the Retreat in no way guarantees success for Participant’s photography business. The Retreat hosts, Tamara Paskey Education and Cate Scaglione do not represent, warrant, or guarantee that the Retreat and workshops taught at the Retreat will increase Participant’s business or profits from Participant’s photography services.
Indemnification. Participant agrees to indemnify, defend, and hold harmless Tamara Paskey Education and Cate Scaglione and any of their respective affiliates and officers, directors, employees, contractors, models, agents, successors, and assigns (collectively, the “The Retreat Hosts’ Representatives”), from and against any claims, judgments, damages, liabilities, demands, settlements, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to (a) bodily injury, death of any person, or damage to real or personal property resulting from Participant’s acts or omissions, (b) any breach by Participant of its representations, warranties, or other obligations in this Agreement, or (c) Participant’s attendance or participation in the Retreat.
Assumption of Risk. Participant acknowledges and agrees that participation in the Retreat is voluntary and may inherently involve risks. Participant acknowledges that their decision to attend the Retreat is made of their own will and volition. Participant agrees to be the sole party responsible for assumption of all risk involved in connection with attending the Retreat. In no event will Photographer or Photographers’ Representatives be liable for any liabilities or damages whatsoever arising from or in connection with Participant’s attendance and participation in the Retreat.
Release of Liability. Participant hereby releases Retreat Hosts as well as the Retreat Hosts’s Representatives from any claims, demands, damages, liabilities, or other legal action which may arise from Participant’s dispute with any other Participant.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.
Counterparts. This Agreement may be executed and delivered in multiple counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same instrument.
Electronic Agreement. Booking the Retreat online signifies that you have read and are bound by this agreement.