Terms & Conditions
Beauty Elevated Model Class Terms & Conditions
I understand and agree that booking any session or course will hereby grant permission to Tianarose LLC, (“Producer”) to photograph me, still or motion and/or record my voice, performances, poses, and appearances, and use my picture, photograph and any and all other reproductions of my physical likeness and sound as part of Tianarose LLC with unlimited professional distribution, advertising, promotion, exhibition and exploitation by any method or device now known or hereafter devised in which the same may be used, and/or incorporated and/or exhibited and/or exploited.
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I agree that I will not assert or maintain against you, your successors, assigns and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with your authorized use of my physical likeness and sound in the Picture as herein provided. I hereby release you, your successors, assigns and licensees, and each of them, from and against any and all claims, liabilities, demands, actions, causes of action(s), costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which I ever had, now have, or may, or shall hereafter have by reason, matter, cause or thing arising out of your use as herein provided.
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I affirm that neither I, nor anyone acting for me, gave or agreed to give anything of value to any of your employees or any representative of any television network, motion picture studio or production entity for arranging my appearance on the Picture.
I have read the foregoing and fully understand the meaning and effect thereof and, intending to be legally bound, I have checked this box and booked this class.
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Videography/ Photography Terms & Conditions
1. These terms and conditions shall apply in respect of all goods and services we supply to you whether specified overleaf or otherwise (“the Service”). Except to the extent that these terms and conditions are varied by mutual consent they together with the brief and quotation overleaf shall constitute the entire agreement between us and shall prevail over your own terms and conditions. You agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.
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Delivery
2. The Service shall be delivered to you in accordance with the brief agreed at the outset of the project either through concept meetings or in written proposals.
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3. We shall produce one master copy of the production only for your use. Should you require further copies an additional charge will apply. A separate quotation will be issued for the production of additional copies.
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4. Times given for delivery of the Service are estimates only and time shall not be of the essence.
Acceptance and Changes
5. The Service shall be made available for acceptance at agreed stages. At each agreed stage changes to the Service shall only be permitted to the extent that such changes are consistent with the brief. Beyond completion of the final Master we will allow the ‘Three Hour Rule’. By this it is meant that any change or alteration to the final Master that we deem will take less than three man-hours will not be charged.
6. Other than as stated in clause 5 above changes to the brief or otherwise that result in additional work being carried out will be chargeable at the relevant daily rate; this shall include the following:
a. Changes that result from inaccurate on misleading information having been supplied by you in preparation of the brief;
b. Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service;
c. Changes that result from a significant change to the brief;
d. Additions to the original brief in the form of extra variations or edits of the originally planned piece such as shorter ‘highlights’ edits or specific web versions that are not agreed at the outset.
Payment
7. Payment terms will be set out in the relevant quotation issued by us to you. Where payment terms are not set out in the relevant quotation:
a. Payment is due 14 days after the invoice date and is of the essence. We will not consider payment to be received until it is represented by cleared funds. Time for payment shall be of the essence. We reserve the right to charge 3% interest per month on any unpaid balances. Any fees incurred by us in recovering payment will be chargeable.
b. Payment to be made in US Dollars.
8. Where possible we will interim invoice in respect of the Service. Where the quote exceeds $2000 we reserve the right to invoice for the production component of the Service immediately following its completion.
9. If payment is overdue and/or you are in breach of your obligations set out in this agreement we reserve the right (without prejudice to any other right or remedy available to us) to stop or postpone delivery or performance under this agreement and we will not be liable for any loss you may suffer as a result of application of this clause. We shall have a general lien or right of retention on materials supplied by you to us until payment has been made.
10. Payment is to be made in full without any discount deduction, set off or abatement.
11. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.
Cancellation, Safety and Insurance
12.1. Dates for production are agreed in advance and confirmed by you. Where these dates are cancelled whether due to a request from you or due to an amendment by you that results in a
cancellation the following charges will apply where the cancellation notice is given or is caused:
a. Within 7 days of shoot date – $150
b. Within 48 hours of shoot date – 50% of daily shoot rate
c. Within 24 hours of shoot date – 100% of daily shoot rate
12.2. Where the shoot shall take place at your premises or a location designated by you the responsibility for ensuring said location is safe and that adequate insurance is in place shall be vested in you.
Expenses
13. All reasonable expenses incurred by us in providing the Service shall be at your cost. Where possible expenses will be pre-arranged with you and/or set out in the quotation. In the absence of prior notification of expenses the following rates shall apply:
a. All mileage at 0.55 cents per mile
b. Overnight stay $150 per person
c. Daily subsistence $40
Our Copyright Policy
14. We operate a fair approach to copyright. All copyright vested in the media produced by us shall be assigned to you subject to the following:
a. Payment in full is received from you for all outstanding invoices;
b. You grant us a royalty free licence to use all copyright in the media produced by us for our own promotional purposes such as on our website or otherwise;
c. All design concepts such as logos, themes, plans, models together with all copyright in any music shall remain vested in us and shall be made available to you on licence save that you shall only be permitted to use such material and design concepts for the purpose identified in the brief;
d. Our enforcement of the above conditions is subject to our adherence to the Storage Policy as outlined below.
Storage Policy
15. All media produced by us on your behalf will be stored as follows:
a. All footage will be captured in Hi-Definition (as standard) and stored on professional format digital media and transferred to our studio for onlining to high speed RAID array;
b. All footage on a RAID hard drive is retained at our studio on password protected
computer systems until completion of the post production process;
c. Following completion of a beta edit the footage is then copied to a secondary back
up hard drive at our studio to protect against electronic drive failure. All original source tapes are then transferred to secure off site storage.
Warranties and Liability
16. We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.
17. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
18. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.
19. Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
20. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
21. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.
Assignment
22. We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.
Severance
23. If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.
Waiver
24. Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.
Applicable Law
25. These terms and conditions shall be governed by Georgia law and subject to the exclusive jurisdiction of the Georgia Court System.
Event Terms & Conditions
Thank you for your interest in participating in our Production. Before you proceed to purchase tickets, we strongly recommend you to go through the following terms and conditions:
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In this section, words like ‘holder’, ‘bearer’, and ‘purchaser’ will refer to you - the person who will buy the tickets to any Tianarose LLC event. On the other hand, ‘our’, ‘us’, ‘we’, ‘issuer’, ‘provider’ and similar terms will indicate the organizers of Tianarose LLC.
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By opting to purchase, allocate or possess tickets, you automatically agree to our terms of use. If you have problems with any of the clauses listed below or do not agree with the risk allocations mentioned here, please do not purchase tickets or try to enter the premises.
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Please note that Tianarose LLC reserves the right to make changes, revisions, and amendments, or add/remove sections from this set of terms and conditions - without any prior notifications to you. Such changes will be duly reflected on the website of the organiser (www.Tianarose.co). These changes will relate back to the date of purchase of tickets.
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The price of the tickets is non-negotiable.
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The ticket you purchase represents a revocable license for you to access the venue on date listed on your tickets when event is scheduled to be hosted. The license includes the revocable right to attending the event. This license can be revoked at any time by the issuer at its sole discretion, without any prior notifications or compensation options. If the license is revoked, you will not be granted entry at the venue.
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The bearer has to assume full responsibility of the tickets, once (s)he receives it. Tianarose LLC has no liabilities - financial, legal, or otherwise - in case the delivered tickets are stolen, lost, damaged, destroyed or rendered unusable in any other way.
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Kindly note that Tianarose LLC is the sole authorised source for purchasing tickets. If you obtain your ticket(s) from any other unauthorised source, you take on the risks of those tickets turning out to be counterfeit or reported to be stolen. The issuer has the right to dishonour such stolen/counterfeit tickets and declare them as void.
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The tickets delivered to you are not meant to be used for illegal reselling, copying, reproducing, or misrepresenting in any form. You cannot use the ticket(s) for any promotional/advertising purposes either (including sweepstakes and competitions) without our prior approval. Any proven record of such activities will result in immediate seizure and cancellation of your ticket(s).
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Please note that tickets cannot be redeemed against cash, credits, or any other benefits.
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Tianarose LLC has the right to investigate if there has been any violation of the ticketing terms and conditions. In case of any conflicts, the decision of Tianarose LLC will be deemed final (i.e., the issuer will remain the final arbiter in cases of disputes).
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The event service will be deemed to have been delivered in its entirety as soon as event starts on. From that point on, no refund requests will be entertained.
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If you are not able to access any particular section(s) of the venue -due to delays, federal regulations, organiser policies, weather-related problems, emergencies, venue shutdown/evacuation or any other reason, you will not be eligible for any refunds or future credits.
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If event is cancelled in its entirety due to any unforeseen circumstances, Tianarose LLC has the sole and absolute right to:
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i) reschedule the event, or
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ii) issue a partial/full refund, or
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iii) not issue any refunds.
Please note that the decision of the issuer in such cases will be deemed final and binding.
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If event is cancelled due to any factors or causes not in the control of the issuer, the latter will offer a partial or full refund, or postpone the event, or provide a comparable ‘make good’ option. These factors will be inclusive of, but not limited to, natural disasters, federal/state announcements, strikes, delays in production, and the like. Once again, the decision of Tianarose LLC will be considered final.
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If event has to be rescheduled to other dates, you will not be eligible for any refunds. In case the event is fully canceled, the refund, if issued, will include ONLY the face value/printed value of the ticket(s). The bearer cannot, under any circumstances, claim refunds on shipping fees, processing fees, handling fees, and such other charges.
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Losses, if any, occurring due to foreign exchange fluctuations at the time of refunds, have to be borne by the purchaser. Tianarose LLC cannot be, in any way, held liable for that.
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All ticket sales are deemed as FINAL TRANSACTIONS. There will be no ticket returns/exchanges/cancellations.
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Event is a ‘rain or shine’ event. By purchasing the event tickets, you automatically confirm that you/the attendee(s) are of the ‘minimum age’ or older, at the time of buying the ticket(s). The ‘minimum age’ for attending an event is always listed on event page,
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If it is proven beyond doubt at the venue that an attendee is below the ‘minimum age’, (s)he will not be granted entry to Event. No refunds, full or partial, will be issued either.
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At the time of entering the event venue, you are required to produce the ticket and a valid identification document (ID). By presenting an ID, you confirm that all details present on it are accurate and updated.
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By purchasing tickets and presenting the same at the venue, you give your consent to Tianarose LLC to collect certain information about yourself (name, picture, date of birth, gender, address, etc.) for verification and storage.
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You hereby agree to forego all types of surcharge claims - full or in part - and all claims & entitlements related to it.
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Tianarose LLC does not take any responsibility to personal/financial damages caused to you at the venue, or for any items lost/stolen/misplaced at the venue. Financial reimbursement claims on these counts will not be entertained.
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All Tianarose LLC event follows a common ‘zero-tolerance policy’ towards unauthorised drug usage or carrying at the venue, AND towards any type of behavior/actions that can be interpreted as lewd or obscene. If you are found in possession of prohibited items at event and/or if you indulge in any objectionable action, your participation in the event will be terminated immediately. Your event ticket(s) will become void from that point on.
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Please note that you purchase event tickets on your own free will. As such, you do not have the right to initiate a chargeback claim or dispute on the provider of the credit card/debit card that had been used for the transaction. Further refund/return/cancellation requests will not be entertained either.
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In all cases of disputes between the ticket-bearer and the ticket-issuer, the decision of the latter will be deemed final. In case a dispute cannot be resolved, the help of an independent third-party arbiter will be sought.
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We really hope you will have a great time at event. You can get your tickets here www.Tianarose.co.
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