This is a standard mentorship agreement to help define the relationship between photography mentor and photography mentee. Be sure to read it over and select specific provisions for your business. Amendments may be imperative to fully execute the mentor’s requirements of the mentorship.
Mentorship Mentee Agreement
This agreement is between the Mentee, whose name and address appear below, and Marie Masse Photography, LLC / Fearless and Framed, LLC.
In exchange for adequate and valuable consideration, Mentee agrees to these terms for the above selected mentorship program.
Terms and Conditions
- The Mentor agrees to deliver the Mentee a mentorship as a work-for-hire independent contractor providing mentorship services.
- Equipment: The Mentee is responsible for providing all of the equipment of use with which to complete the mentorship unless agreed upon otherwise.
- Confidentiality and Non-Disclosure. The Mentee understands that all materials, including but not limited to, price lists, contracts, financial documents, agreements, and other information or documents that are given to them in the course of the mentorship are the exclusive property of the Mentor and are privileged and confidential information. The Mentee shall not disclose, whether for compensation or not, the confidential information obtained from the Mentor to anyone unless required to do so by law.
- Transfers/Refunds. The mentorship fee is non-refundable. The mentorship fee may be transferred to another mentee subject to the approval of the Mentor ONE TIME only. Transferring is the responsibility of the Mentee.
- Cancellation of Q&A call(s) or in-person shooting session. The Mentor shall make every effort to give the Mentee advanced notice of any changes. The Mentee shall give one week notice to the Mentor or shall forfeit the mentorship fee. In the event that an assignment is cancelled, the Mentor will provide notice to the Mentee as soon as practicable. Mentor is not liable for damages incurred in reliance on this agreement.
- Non-Compete. Mentee shall not compete as a photography mentor or mentorship Mentor within one year of the completion date of this mentorship. This includes, but is not limited to, in-person, online, forum-based mentoring as well as digital products, whether for compensation or not.
- Schedule: The mentorship schedule is subject to change and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances. Mentor will communicate the schedule of the Mentorship Program via email.
- Mentee Preparation. The mentee is required to have basic working knowledge of a DSLR. The Mentee shall complete and submit the assigned questionnaire to the Mentor within 14 days of the mentorship package purchase, prior Mentor beginning the mentoring session(s). Failure to adequately complete and/or submit assigned pre-work will result in rescheduling of the mentoring session in-person or possibly delay in virtual mentorship schedule.
- Events. In the event the Mentor assists the Mentee during formal photographic events, the Mentee shall possess the responsibilities of an assistant. No monetary compensation shall be provided to the Mentee. All compensation for fulfilling assistant duties shall be delivered through the education provided within the confines of the outlined mentorship. Assistant duties include, but are not limited to, equipment retrieval, equipment adjustments (including lights, reflectors, etc.) and other duties as necessary. The Mentor shall conduct themselves with professional courtesy, including but not limited to, refraining from drinking, eating, smoking, and speaking only when addressed by Mentor.
- Recording: The mentee shall not capture the mentoring session in any capacity, including but not limited to voice recording, tape recording, photography, etc. The Mentor does allow for behind-the-scenes still-photography to occur, but may not be used for any purpose without written permission from Mentor.
- Photographic Materials. In the event the mentorship includes practicing of photography on models, the Mentee shall be allowed to publish the photographs as their own original work. The Mentee shall identify all photographs taken in the course of the mentorship as “taken during a mentor session with Marie Masse” with a link to http://www.fearlessandframed.com
- All photographic materials obtained in the course of the mentorship shall remain 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 Mentee shall retain a cooperative attitude throughout the course of the mentorship. At any time the Mentee acts uncooperative the Mentor shall terminate the mentorship and retain all mentorship fees. Cooperation includes, but is not limited to, online and in-person decorum whether directed at Mentor or a third party in reference to the mentorship.
- A waiver by either party of any provision of this Agreement in any instance shall not be deemed a continuing waiver for the future.
- The Mentor shall be held harmless for any and all injury to Mentee and Mentee’s business and equipment during the course of the mentorship and the immediately surrounding events.
- Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1,000.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
- 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 the action in addition to any other relief that may be awarded.
- 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 Michigan.
- Resolution. Mentee shall first approach Mentor as to any issues related to the mentorship. Failure to do so will result in termination of the mentorship and forfeiture of all mentorship fees.
- Payment: Mentorships must be paid in full prior to the beginning of the mentorship.
PLEASE SUBMIT YOUR INFORMATION AND AGREE TO THE ABOVE. Pdf version available upon request.