This Health and Safety Agreement (hereafter "Agreement"), dated (the "Effective Date"), constitutes a binding agreement between (hereafter "Client") and Phantasy Photos LLC (hereafter "Company", and collectively, the "Parties") and shall be in force throughout the photos session, including hair and makeup services, shooting portion of the session, same day photo reveal, and product ordering (hereafter "Services").
Due to the COVID-19 pandemic, the Company has created a health and safety protocol to keep everyone -- Clients, Client guests, Company representatives, hair and makeup artists, and anyone else who may be present at the shoot location -- safe and healthy during and after the photo session. This health and safety protocol shall remain in force until state and federal health officials officially downgrade the pandemic to an endemic (like influenza).
The following health and safety rules in this Agreement shall be adhered to by the Parties, including Client, Client’s guest, Company representatives, hair and makeup artists, nail technicians, masseurs, and any other person present during the execution of the Services, while that person is at the session location. Any violation of the health and safety rules set forth within this Agreement may result in termination of the Services by anyone present at the session location with or without warning.
- Anyone who refuses to comply with the rules set forth in this Agreement shall be denied access to the session location.
- The Company shall provide hand sanitizer and disinfecting wipes.
- If the Client's guest is feeling sick in the days leading up to the session date (), they should stay home.
- If the hairstylist and/or makeup artist is feeling sick leading up to the session date (), they should stay home. Beauty Studio, Inc. shall provide a replacement.
- If Beauty Studio, Inc. cannot provide a replacement, the Services shall be canceled and rescheduled for a later date with no penalty to the Client.
- If the Client is feeling sick in the days leading up to the session date (), the Client shall stay home and contact the Company to reschedule Services with no penalty to the Client.
- If any Company Representative is feeling sick in the days leading up to the session date (), Services shall be canceled and rescheduled at a later date with no penalty to the Client.
- Presentation of vaccination cards is not required for session location access.
- Presentation of a negative COVID-19 test is not required for entry to indoor session locations unless the person had or was suspected to have COVID-19. The test must have been conducted no more than three (3) days before the session date ().
- Masks are not required at the Company's studio.
- Masks are not required at other session locations unless required by the session location management.
- Anyone who refuses to wear a mask/face covering when required shall not be permitted entry to indoor session locations.
- The Company's studio shall be cleaned and sanitized before the Client arrives.
- A clean and sanitized set of bedding and sheets shall be used.
- All fabric furniture shall be sanitized using sanitizing/disinfectant sprays before and after Services.
- All non-fabric furniture and non-fabric furniture surfaces shall be sanitized using disinfecting wipes before and after Services.
- Bathrooms/changing areas shall be thoroughly cleaned and sanitized before and after Services.
- Only Company representatives are authorized to handle or move any equipment, including, but not limited to, cameras, lenses, lighting, and fans.
- Physical (social) distancing is not required during the session.
- The Client is responsible for the actions of their guest.
- It is the Client's responsibility to educate their guest about the contents of this Health and Safety Agreement.
- It is the Client's responsibility to ensure the Client's guest adheres to the rules set forth in this Health and Safety Agreement while inside the studio.
- Anyone who fails to adhere to any rule in this Agreement at any time during the Services shall be asked to comply immediately.
- Anyone who does not immediately comply with any rule set forth in this Agreement shall be asked to leave the studio.
- If anyone refuses to leave the studio after being asked to do so, law enforcement officials shall be called to assist with removal.
- Refusal to sign this Agreement shall result in cancellation of the session and forfeiture of all monies paid.
The Company reserves the right to determine any other acts, behavior, or conduct that violates this Agreement.
This Agreement may change without notice in response to federal, state, and local health and safety rules, regulations, and guidance.
The Client agrees to indemnify and hold harmless the Company, Company’s affiliates, and Company’s respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to, the Client’s participation or action(s) under this Agreement. The Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by the Company, in writing.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS REPRESENTATIVES BE HELD LIABLE UNDER THIS AGREEMENT TO THE CLIENT OR ANY THIRD PARTY WHO CONTRACTS OR EXHIBITS SYMPTOMS OF ANY ILLNESS, INCLUDING, BUT NOT LIMITED TO, INFLUENZA OR COVID-19, FOLLOWING A VISIT TO THE COMPANY PREMISES.
If a dispute is not resolved first by good-faith negotiation between the Parties to the Agreement, every controversy or dispute to this Agreement will be submitted to mediation. If this is unsuccessful, the dispute shall be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of initial arbitration demand and shall take place in Las Vegas, Nevada, United States of America. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment costs, including attorneys’ fees) shall be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction of law or decree in equity, as circumstances may indicate.
The Parties affirm to have read the foregoing prior to its execution and agree to the contents hereof. The Parties agree that the Agreement is irrevocable, worldwide, and perpetual, and shall be governed by and construed in accordance with the laws of the State of Nevada, regardless of the conflict of laws and principles thereof.
IN WITNESS THEREOF, the Parties, intending to be legally bound, have executed this Health and Safety Agreement as of .