CONTENT COLLECTIVE POP-UP TERMS AND CONDITIONS

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POP-UP AGREEMENT
You understand that by registering for the Content Collective Pop-Up (the “Pop-Up”), you voluntarily agreed and continue to agree to abide by these Terms and Conditions of Use (these “Terms”) with Creative Clinical Consulting, LLC (“Content Collective”). Content Collective may, from time to time and at any time without notice to you, modify these Terms. You agree that Content Collective has the right to modify these Terms or revise anything contained herein. You further agree that all modifications to these Terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms.

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POP-UP DETAILS

Based on the package you select, the Pop-Up includes 1, 2, 3, or 4 scheduled content shoots each Billing Cycle (“Photoshoots”). You will receive [50-60] unedited images OR video clips from the Photoshoot (“Images”).

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POP-UP FEES

The Basic Pop-Up fee is a one (1) session contract. You agree to pay 1 automated monthly payment of $299.00 + tax / monthly plus any add-on you select (“Pop-Up Fee”). You agree to pay the Pop-Up Fee for the entire 1-month contract. The Pop-Up Fee will be automatically charged upon sign-up, which is when your Billing Cycle (“Billing Cycle”) begins and ends after one (1) month. Fees subject to change.

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POP-UP CANCELLATION

To cancel your session, you must provide at least 24 hours prior written notice to info@c4creativeartstherapy.com at the end of the initial contract agreement and before your next monthly Billing Cycle. Your payment is not refundable, even if you have not used your shoots.

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RIGHTS TO IMAGES

You will be the sole and exclusive owner of all right, title, and interest in and to the Images created as a result of any Photoshoot, including all copyrights and other intellectual property rights therein, in perpetuity throughout the universe. In furtherance of the foregoing, Content Collective agrees that the Images are works made for hire as defined in Section 101 of the Copyright Act of 1976.

To the extent any Images do not qualify as work made for hire, Content Collective hereby irrevocably assigns, transfers, and otherwise conveys to you throughout the universe, all right, title, and interest in and to such Images, including all copyrights and other intellectual property rights therein, including all registration, renewal, and reversion rights, and the right to register and sue to enforce such copyrights against infringers.

It is not required, but we request that you tag Content Collective (@azizimarshall) and the relevant social media account for the Image’s Photoshoot location in any Images published on social media.

You hereby grant Content Collective (@azizimarshall) and each location of any Photoshoot you participate in, a non-exclusive, non-transferable, without compensation, perpetual license to use, edit, and create derivative works of the Images for portfolio and marketing purposes at their sole discretion.

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FORCE MAJEURE

Content Collective will not be liable or responsible for, nor be deemed to have defaulted under or breached these Terms, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of these Terms when and to the extent such failure, interruption, adaptation, or delay is caused by or results from the following force majeure events ("Force Majeure Events"):

(a) Acts of God
(b) Flood, fire, earthquake, or explosion
(c) War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest
(d) Government order or law
(e) Pandemic
(f) Action by any governmental authority
(g) National or regional emergency
(h) Travel restrictions
(i) Shortage of adequate power or transportation facilities
(j) Other events beyond the reasonable control of Content Collective

Content Collective shall give you notice as soon as reasonably possible after the occurrence of a Force Majeure Event. Content Collective shall use diligent efforts to end the failure, interruption, or delay and minimize the effects of such an event.

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CONFIDENTIALITY AND NON-DISCLOSURE

You agree you have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent written agreement related to the Pop-Up.

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DISPUTE RESOLUTION

In the unlikely event of a dispute, the dispute shall be settled by binding arbitration in Illinois, which will occur via telephone by an arbitrator mutually approved by the parties.

• The costs of the arbitration will be shared equally by the parties.

• The prevailing party will be entitled to reimbursement by the other party for reasonable legal fees and costs incurred.

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LIMITATION OF LIABILITY

Your participation in the Photoshoots is at your own risk.

Neither Content Collective nor any of its subsidiaries, affiliates, agents, representatives, or licensors (including our independent contractor contributors) shall be liable to you or anyone else for any:

• Loss or injury

• Direct, indirect, incidental, consequential, special, punitive, or similar damages arising out of your participation

You hereby waive any and all claims against Content Collective and its subsidiaries, divisions, affiliates, agents, representatives, and licensors (including independent contractor contributors) arising out of your attendance at the event.

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WAIVER AND RELEASE OF LIABILITY

You fully and forever release and discharge Content Collective, as well as any of its affiliates, agents, contractors, officers, directors, employees, successors, transferees, assignees, licensees, volunteers, contributors, and the Photoshoot location (collectively “Released Third Parties”) from:

• Any and all injuries (including death)

• Losses, damages, claims, demands, lawsuits, costs, and expenses

• Legal fees and expenses

• Any other liability of any kind related to the Pop-Up

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AGREEMENT NOT TO SUE; INDEMNITY

You agree that:

1. You will not file a lawsuit against Content Collective or the Released Third Parties.

2. You will indemnify, defend, and hold harmless Content Collective and the Released Third Parties from any claims, liabilities, or expenses, including reasonable attorney's fees.

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THIRD-PARTY BENEFICIARY

Neither you nor Content Collective are responsible to any third parties under these Terms.

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NO ASSIGNMENT OR TRANSFER

Any attempt to assign or transfer the rights of the Pop-Up or any Photoshoot shall be null and void without prior written approval by Content Collective.

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WAIVER

No waiver of any provision shall be effective unless made in writing and signed by the waiving party.

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MISCELLANEOUS

• These Terms shall be governed by the laws of Illinois.

• If any provision is held to be invalid, these Terms shall still be enforced as if that provision had never existed.

• These Terms represent the entire agreement between the parties.

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CONTACT

For any questions about these Terms, please contact info@c4creativeartstherapy.com.