JAMIE LEE PHOTOGRAPHY BRAND REP TERMS & CONDITIONS
By becoming a Jamie Lee Presets by Jamie Lee Photography Rep you agree to the Terms & Conditions below:
The Contract Period
Brand Reps must sell (1) one collection in a rolling (3) three month period to remain active. Your account and contract will be terminated if considered “inactive” if you fail to remain active (3) three consecutive months in a row.
What’s Involved As A Brand Rep
– Having a public and very active Instagram account. Follow our Facebook Business page and join our VIP group https://www.facebook.com/groups/1121385654703006/
– Genuine love, support, and enthusiasm for the products and brand shown in comments on Instagram and Facebook
– One purchase must be sold under active Brand Reps account in a rolling (3) month period to remain in good standing.
– Actively search #JamieLeePresets and show your support on all social media platforms. Comment on other people’s photos who use #JamieLeePresets in and outside Jamie Lee Presets Facebook Group.
– Promotes the brand on your own social media through photography (4) four times a month or once every week. Please, make sure photos are CLEAR and represent our brand well.
– Participate and show respect towards other Brand Reps work, while keeping your own original. Agree, all work is their own and copyright is in their name, i.e. you clicked the shutter button. Brand Reps may NEVER edit someone else’s work without written permission or claim someone else’s editing/style as their own. Must know Copyright Infringement and intellectual property theft laws and abide by them at ALL times while representing Jamie Lee Photography and all related partnerships.
– Promote and share any and ALL company announcements such as promotions, contests, launches, and events. Check for updates daily.
– Jamie Lee Photography and Jamie Lee Presets reserves the right to use any and all photographs on all social media accounts, promotional flyers, and all advertisements WITH proper citing/credit given to Brand Rep.
What The Brand Rep Gets In Return
– Personal dashboard for viewing your sales, profits, and upcoming promotions, giveaways, and launches.
– Personal training to ensure you’re up to date with latest techniques and styles.
– Free Jamie Lee Preset Collections for hitting monthly goals.
– Insider updates on Jamie Lee Presets news & releases
– Lots of love, support, and appreciation
– Exposure on Jamie Lee Photography and Jamie Lee Presets social medias (Instagram: @jamieleephotographyco, Facebook: Jamie Lee Photography Co, Pinterest: jamieleephotographyco)
JAMIE LEE PHOTOGRAPHY INDEPENDENT BUSINESS OWNER AGREEMENT FOR UNITED STATES RESIDENTS
As a Jamie Lee Presets by Jamie Lee Photography Independent Brand Rep, (an “Independent Business Owner” or “Business Owner”), I understand and agree with Jamie Lee Photography ( referred to as the “Company”), that our relationship will be governed by the following terms and that my duties and obligations reflected herein constitute my agreement with Jamie Lee Photography (referred to as this “Agreement”):
1. Business Owner Services; Representations and Warranties. I agree to provide services to Jamie Lee Photography as an independent marketing representative who services customers for Jamie Lee Photography Brand products. I understand I am responsible for the means and methods of my performance of services under this Agreement, and that I must comply with the terms set forth in this agreement, including the Jamie Lee Photography Brands Independent Business Owner Policies & Procedures (the “Policies & Procedures”) and the Jamie Lee Photography Compensation Plans (the Policies & Procedures and the applicable Compensation Plan are incorporated into and form a part of this agreement). My Jamie Lee Presets by Jamie Lee Photography Brand business will promote and sell Jamie Lee Photography Brands Products on my personal Business Owner web site, if applicable, and community events using the Jamie Lee Photography system of social selling described in the Policies & Procedures. My business will sell Jamie Lee Photography Brand Products only to end customers. I will inform my customers that Jamie Lee Photography does not offer a Return Policy with digital goods under any circumstances.
2. Independent Contractor Status. It is the express intention of both parties hereto that I am entering into this Agreement as an independent contractor of Jamie Lee Photography. Any contrary final determination by a board, tribunal or court of competent jurisdiction shall require amendment of this Agreement in any way necessary to establish an independent contractor relationship. No fiduciary relationship exists between the parties. I understand that my status as such does not constitute either a sale of a security, franchise or a distributorship (exclusive or otherwise). This Agreement is not intended and shall not be construed to create a relationship of employer/employee, agency, partnership, or joint venture between myself and any other participant in the Company marketing plan and/or Company. I agree that as an independent contractor, I will: (i) comply with all applicable laws, rules and regulations pertaining to this Agreement, including the sale and advertising of Jamie Lee Photography Brand Products; (ii) at my own expense, complete all filings, and obtain such licenses as are required by applicable laws, rules and regulations, with respect to the Agreement and my activities as a Business Owner; and (iii) be responsible for all expenses incurred as a Business Owner. I understand that I have no authority to bind the Company to any obligations. It is my responsibility to pay all income, local or applicable taxes as an independent contractor, and I acknowledge that I am not eligible for and will not participate in any employee benefits, pension, or fringe benefit plan sponsored by Jamie Lee Photography and will not be covered by its workers’ compensation or unemployment insurance or retained coverage. I acknowledge that I have been encouraged by the Company to set my own hours and to supply all my own equipment and tools for operating my Jamie Lee Photography Brand business, such as telephones, transportation, office equipment, and supplies. The Company shall report payments made to me on a calendar year basis as required using IRS Form 1099, which the Company may issue directly or through a third party administrator selected for such purpose. I agree to report all such payments to the appropriate federal, state and local taxing authorities. I understand that I must complete and submit to the Company an IRS W-9 and shall update the W-9, as required by law. The provisions of this Agreement reserving ultimate authority in Jamie Lee Photography have been inserted solely to achieve compliance with federal, state or local laws, regulations and interpretations thereof.
I acknowledge that after ninety (90) days of inactivity in my Jamie Lee Photography Pay Portal accounts which has a positive balance, a monthly dormancy fee will be applied for each month the account is not used. Fees imposed on inactive accounts will be deducted from the current balance until the earlier of (a) the account balance equalling to $0.00, or (b) twelve (12) months, at which point any positive balance in my Pay Portal account will be withdrawn and will be paid to the appropriate state pursuant to the applicable unclaimed property laws if the monies remain unclaimed for the statutory period under applicable state law. I understand that additional information regarding this Section 6 is available to me on the Pay Portal website. I HEREBY WAIVE ALL CLAIMS AGAINST JAMIE LEE PHOTOGRAOHY, ITS AFFILIATES, OFFICERS MANAGERS, AGENTS AND OTHER REPRESENTATIVES RELATING TO THE CLOSURE OF MY ACCOUNT OR WITHDRAWAL OF FUNDS, EVEN IF THE LIKELIHOOD OF SUCH DAMAGES OR LOSSES ARE MADE KNOWN TO JAMIE LEE PHOTOGRAPHY PRIOR TO THE TIME OF THE CANCELLATION OR WITHDRAWAL.
3. Sponsoring Business Owner’s Responsibilities. In the event I sponsor an applicant to be an Independent Business Owner – Brand Rep and the application is accepted by Jamie Lee Photography, I shall perform any required duties related to training, support and recognition. Use of Jamie Lee Photography Intellectual Property. I acknowledge that, upon Jamie Lee Photography’s acceptance of this Agreement, Jamie Lee Photography has granted me a limited, non-exclusive license to use the trademarks, service marks, trade names, patents, copyrighted materials, software coding (including source code) and any other technology owned or otherwise controlled by Jamie Lee Photography, designs, and materials created by Jamie Lee Photography (“Jamie Lee Photography Intellectual Property”), all of which is owned solely by Jamie Lee Photography, and that my use of Jamie Lee Photography Intellectual Property is strictly limited by the terms of the Policies & Procedures. I may use Jamie Lee Photography Intellectual Property only where included in materials distributed by Jamie Lee Photography for use by Business Owners or after obtaining Jamie Lee Photography’s prior written consent for my proposed use. In addition, I agree to use only written, recorded or other promotional or advertising materials that have been produced, distributed and approved in writing by Jamie Lee Photography. Any other promotional or advertising materials I use will be used in accordance with this Agreement or the Policies & Procedures. All rights and licenses granted in or under this Agreement shall terminate automatically upon the termination of this Agreement.
4. Site Downtime. I acknowledge that the website for any of the Jamie Lee Photography Brands may be subject to temporary shutdowns from time to time for maintenance and/or due to causes beyond the operating party’s reasonable control, and that neither party shall have any liability to the other by reason of any such shutdowns.
5. Ownership and Use of Confidential Information. I acknowledge that Jamie Lee Photography owns all product, Business Owner and customer information and data that I may create or compile, including but not limited to product purchase information, customer and Business Owner contact and profile data, Business Owner lists, operating and manufacturing procedures, product development information, financial data and marketing materials (collectively, “Confidential Information”). I will not use or disclose Confidential Information to any person except in strict accordance with this Agreement and will take all reasonable precautions to prevent its unauthorized dissemination, both during and after the term of this Agreement. I will not use Confidential Information to sell products or services other than Jamie Lee Photography Brand Products and services or in connection with any other business during the term of and after termination of this Agreement. I understand that I will be deemed to breach my obligations to Jamie Lee Photography with respect to Confidential Information or trade secrets if I work or perform services (including consulting or advisory services) for a competitor in any position in which I am required to or do use, disclose or otherwise take advantage of any Confidential Information obtained during my relationship with Jamie Lee Photography. I understand and agree that this provision does not prohibit me from working for a competitor but requires me not to use, share or otherwise communicate Confidential Information or trade secrets to perform services for a competitor. I agree that a breach of this provision shall cause irreparable harm to Jamie Lee Photography and that Jamie Lee Photography will be entitled to injunctive relief in the event of a breach of this provision. I further agree that the terms of the Agreement shall be deemed Confidential Information and shall be subject to the provisions of this Section 5. Upon Jamie Lee Photography’s reasonable written request, I agree to return to Jamie Lee Photography all Confidential Information, including but not limited to all marketing collateral, marketing plans, documentation, notes, plans, drawings and copies thereof. All information is provided “AS IS” and without any warranty, express, implied or otherwise, regarding its accuracy or performance.
6. Authorized Business and Product Claims. Any claims made about my Jamie Lee Photography Brand business shall be in compliance with the Policies & Procedures. I further agree to limit any claims I make about my Jamie Lee Photography Brand business, including, but not limited to earnings ability or product-related claims, to those claims authorized or approved in writing by Jamie Lee Photography. I understand and acknowledge that this obligation extends to any statements I may make in response to customer inquiries about my Jamie Lee Photography Brand business or any Jamie Lee Photography Products.
7. Conflicting Obligations. I represent and warrant that I have no agreements, relationships, or commitments to any person or entity that conflict with the provisions of this Agreement, my obligations to Jamie Lee Photography under this Agreement and/or my ability to perform services under this Agreement. I will not enter into any such conflicting agreement during the term of this Agreement.
8. Sale of Third Party Products. I understand that I may not market, sell, offer for sale or promote any third party products to Jamie Lee Photography Brand Independent Business Owners as well as Jamie Lee Photography’s end customers other than those manufactured, distributed or approved in writing by Jamie Lee Photography.
9. Conflicting Obligations. I represent and warrant that I have no agreements, relationships, or commitments to any person or entity that conflict with the provisions of this Agreement, my obligations to Jamie Lee Photography under this Agreement and/or my ability to perform services under this Agreement. I will not enter into any such conflicting agreement during the term of this Agreement.
10. Sale of Third Party Products. I understand that I may not market, sell, offer for sale or promote any third party products to Jamie Lee Photography Brand Independent Business Owners as well as Jamie Lee Photography’s end customers other than those manufactured, distributed or approved in writing by Jamie Lee Photography.
11. Non-Solicitation. In consideration of the mutual covenants contained herein, during the term of this Agreement and for a period of one (1) year after the termination of this Agreement, I shall not directly or indirectly, on my own behalf or on the behalf of any other person or entity, call upon or solicit or attempt to call upon or solicit any Jamie Lee Photography’s employee or Independent Business Owner to terminate or alter his or her business relationship with Jamie Lee Photography. NonSolicitation includes recruiting or sharing information about another direct sales opportunity or other career with any Jamie Lee Photography Independent Business Owners.
12. Non-Disparagement. I agree to refrain from making negative, disparaging, untrue or misleading comments about Jamie Lee Photography and its affiliated entities, any of the Jamie Lee Photography Brand, other Jamie Lee Photography Family Brands Independent Business Owners, Jamie Lee Photography Products, the Compensation Plan, or Jamie Lee Photography’s board of managers, officers, or any employees of Jamie Lee Photography’s or its affiliated entities’ employees. I also agree not to engage in any activities that may cause harm to Jamie Lee Photography, its affiliated entities or any other Independent Business Owner
13. Photo and Video Release. I hereby grant Jamie Lee Photography and its affiliates, partners, designees, agents, successors or assigns an unrestricted, perpetual, worldwide, irrevocable, royalty-free, transferable, sublicensable and fully paid-up license to use, reuse, license, reproduce, modify, adapt, publish, edit, translate, display, perform, distribute, transmit, broadcast, communicate to the public and otherwise exhibit throughout the world, create derivative works from, sublicense the same rights consistent with the terms of this Agreement, and otherwise exploit and use (collective “Use”) my name, including nicknames and social media handles, likeness, image, photograph, biographical information, voice, persona, opinions, comments, statements, or opinions, and in any and all media whatsoever and by any means of transmission, distribution or communication, whether now known or hereafter created, including by way of example and not limitation, any television, radio, the Internet and online forums, and in audio visual works, photographs, sound recordings, advertising, promotion, marketing and public relations materials, publications and the like (collectively, “News Media Materials”) for advertising, publicizing, marketing and promotion of Jamie Lee Photography’s Brand, and I waive remuneration for such use. I hereby represent that any comments, statements or opinions that I make or express concerning Jamie Lee Photography’s and/or its products or services will reflect my true and honest opinion of and experience with Jamie Lee Photography and/or its products or services. I further waive my right to inspect or approve of any preliminary, draft, beta and/or finished News Media Materials.
14. Term and Termination. a) Term. Unless terminated earlier pursuant to this Section 14(b) or (c), this Agreement is effective from the date of acceptance by Jamie Lee Photography and will automatically renew every twelve (12) months on the anniversary of the date I enter into this Agreement, subject to my payment of the applicable brand renewal fees if applicable. b) Termination by Jamie Lee Photography. Jamie Lee photography may terminate this Agreement at any time and for any reason in its sole discretion upon thirty (30) days’ written notice. Jamie Lee Photography may immediately terminate this Agreement in the event of my death, any actual or attempted assignment of this Agreement, or my breach of any provision of this Agreement. If Jamie Lee Photography terminates this Agreement, any of my future reapplications to become an Independent Business Owner may be rejected by the Company, and the Company may pursue all applicable legal remedies. Termination shall be effective on the date on which written notice is mailed, emailed, faxed or delivered to an express courier in accordance with the notice provisions of Section 30 of this Agreement or to my counsel, or when I receive actual notice of termination, whichever occurs first. Jamie Lee Presets shall not be required to have any reason or to prove any cause in order to terminate this Agreement. If and when this Agreement is terminated, I will have no claim against Jamie Lee Photography, its affiliates or their respective officers, directors, agents, employees, servants and representatives, nor any right to claim or collect lost profits, lost opportunities or any other damages. Termination will result in the loss of all rights and benefits as an Independent Business Owner. The terms hereof are in satisfaction of any and all statutory and common law claims, including without limitation, any right to reasonable notice of termination of this Agreement. c) Voluntary Cancellation. I have the right to terminate this Agreement at any time, for any reason. Notice of termination must be submitted in writing to the Company at its principal place of business or by contacting my applicable Jamie Lee Photography Field Relations team.
15. Events upon Termination of this Agreement. Upon termination of this Agreement: a) I will (i) within five (5) days pay all amounts due and owing to Jamie Lee Photography; (ii) immediately cease representing myself as a Business Owner; and (iii) be ineligible to receive any compensation or benefits as a Business Owner not earned as of the date of termination of this Agreement. I hereby authorize Jamie Lee Photography to withhold any amounts due and owing to Jamie Lee Photography to the fullest extent allowed by applicable law. b) I will immediately cease all use of Jamie Lee Photography Intellectual Property and Confidential Information and will cease all activities as a Business Owner, including displaying, offering for sale or selling Jamie Lee Photography Brand Products
16. Transferability. Neither this Agreement nor my Jamie Lee Photography Brand business may be transferred or assigned by me or operated in partnership with any other person without Jamie Lee Photography’s prior written consent. Jamie Lee Photography may assign this Agreement at any time and upon any such assignment the assignee shall assume the rights and obligations of Jamie Lee Photography and Jamie Lee Photography shall be fully released from this Agreement.
17. Entire Agreement. This Agreement (including the Policies & Procedures and Compensation Plan) in its current form and as may be amended by Jamie Lee Photography in the future supersedes all prior communications, understandings and agreements between me and Jamie Lee Photography and contains the entire agreement between us relating to the subject matter hereof. I have carefully read and agree to comply with this Agreement and the Policies & Procedures and Compensation Plan, each of which are incorporated into and made a part of this Agreement. If I have not yet reviewed the Policies & Procedures at the time I execute this Agreement, I understand that they are provided prior to formal submission of my application to become a Business Owner and will also be posted in my Business Owner Lounge. I understand that I must be in good standing to be eligible for commissions or any other compensation from Jamie Lee Photography. In the event of a conflict between the terms of this Agreement and the Policies & Procedures or the Compensation Plan, the terms of this Agreement shall control, unless otherwise specified therein.
18. Amendment. I understand that Jamie Lee Photography may amend its documents and business practices, including but not limited to this Agreement, the Policies & Procedures or the Compensation Plan, at any time as Jamie Lee Photography deems appropriate. Amendments shall be effective thirty (30) days after notice of an amendment is posted or communicated to Business Owners through official Company publications, including websites or email; provided, however, that Jamie Lee Photography reserves the right to apply favorable amendments to the Compensation Plan prior to the effective date of the amendment. All amendments are effective and binding on all Independent Business Owners and my continued service as an Independent Business Owner constitutes my acceptance of same.
19. Indemnification/Offset. I will indemnify and hold harmless Jamie Lee Photography, its subsidiaries, and its managers, officers, employees, agents and assigns from and against any damages, claims or liabilities and expenses (including attorneys’ fees) incident to my: (a) activities as a Business Owner including, without limitation, any unauthorized representations made by me; (b) any negligent, reckless or intentionally wrongful act of myself or my assistants, employees, contractors or agents, including with respect to claims by third parties related to infringement of third party intellectual property rights; (c) a determination by a court or agency that the I am not an independent contractor, (d) breach by me or by my assistants, employees, contractors or agents of any of the terms of this Agreement; or (e) violation of or failure to comply with applicable laws, rules or regulations. Jamie Lee Photography shall have the right to offset any amounts owed by me to Jamie Lee Photography (including, without limitation, the repayment of commissions as a result of charge backs and/or product returns) against the amount of any commissions or bonuses owed to me to the fullest extent permitted by applicable law.
20. Limitation of Damages. TO THE EXTENT PERMITTED BY LAW, JAMIE LEE PHOTOGRAPHY AND ITS AFFILIATES, OFFICERS MANAGERS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR, AND I HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM OF ANY SPECIAL INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST BUSINESS, AND LOST OPPORTUNITIES, HOWEVER CAUSED, ARISING OUT OF OR RELATING TO THE COMPANY’S PERFORMANCE, NON-PERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN MYSELF AND THE COMPANY, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE), EVEN IF JAMIE LEE PHOTOGRAPHY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IT IS AGREED THAT ANY DAMAGE TO ME SHALL NOT EXCEED, AND IS HEREBY EXPRESSLY LIMITED TO THE AMOUNT OF UNSOLD JAMIE LEE PHOTOGRAPHY FAMILY BRANDS PRODUCTS AND SERVICES OWNED OR HELD BY ME, COMMISSIONS, BONUSES AND OVERRIDES.
21. Cumulative Remedies; Waiver. All rights, powers and remedies given to me or Jamie Lee Photography are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of Jamie Lee Photography to exercise any power or right under this Agreement or to insist upon strict compliance by me with any obligation or provision hereof shall constitute a waiver of Jamie Lee Photography’s right to demand exact compliance therewith. Waiver by Jamie Lee Photography can be effective only in writing by an authorized officer or agent of Jamie Lee Photography.
22. Waiver of Claims by Independent Business Owner. Jamie Lee Photography reserves the sole and exclusive right to determine the final disposition of a Business Owner’s downline organization (“Downline”). I HEREBY WAIVE ANY AND ALL CLAIMS AGAINST JAMIE LEE PHOTOGRAPHY, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM JAMIE LEE PHOTOGRAPHY’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE THAT DEVELOPS BELOW A BUSINESS OWNER.
23. Injunctive Relief. Either Jamie Lee Photography or I may apply to a court of competent jurisdiction for temporary, preliminary or permanent injunctive relief on the ground that without such relief the arbitration provided in this Agreement may be rendered ineffectual. I agree that a request for injunctive relief may be heard and determined by the Superior Court of the province in which I reside to the exclusion of all other venues and forums in accordance with the provisions of Section 29 hereof, and I hereby waive any and all objections to such venue, including personal jurisdiction and forum non-conveniens.
24. Other Terms. a) I have full legal capacity to enter into this Agreement in the state in which I reside. I agree to comply with all laws, rules and regulations governing the conduct of my business. b) There are no territorial restrictions on the conduct of my business within the United States or Puerto Rico. c) Except as approved in writing by Jamie Lee Photography, I certify that I am not in the Upline or Downline team of any other household member who is a Jamie Lee Photography Brand Independent Business Owner. d) If any provision of this Agreement is judicially determined to be invalid or unenforceable, that determination will not affect any other provision of this Agreement and the provision in question will be modified by the reviewing court so as to be rendered enforceable. The headings in this Agreement are inserted for convenience only and are not part of the Agreement. e) All written notices required by this Agreement to be given to me will be deemed effective three (3) business days after mailing to my most current mailing or immediately if sent to the email address on file with Jamie Lee Photography.
25. Governing Law/Venue/Arbitration. Other than the arbitration agreement set forth below (which is governed by the Federal Arbitration Act), this Agreement is governed by the laws of the state in which I reside without regard to any state’s conflicts of laws rules that may result in the application of the laws of any other jurisdiction. Except in situations in which injunctive relief is sought, Jamie Lee Photography and I mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall apply to any and all claims arising out of or relating to this Agreement, my classification as an Independent Business Owner, my provision of services to Jamie Lee Photography or its customers, the payments received by me for providing services to Jamie Lee Photography or its customers, the termination of this Agreement, and all other aspects of the my relationship with Jamie Lee Photography, past or present, whether arising under federal, state or local statutory and/or common law. a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (i) the name and address of the party seeking arbitration, (ii) a statement of the legal and factual basis of the claim, and (iii) a description of the remedy sought. Any demand for arbitration by me must be delivered to Jamie Lee Photography, 523 North 2nd Street, Breese, IL 62230, Attn: Legal Department. b) Class Action Waiver. Jamie Lee Photography and I mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. c) I agree and acknowledge that entering into this arbitration agreement does not change my status as an independent contractor in fact and in law, that I am not an employee of Company or Company’s customers and that any disputes in this regard shall be subject to arbitration as provided in this agreement. d) Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as follows: 1. The arbitration shall be heard by one arbitrator selected in accordance with the JAMS Rules. The arbitrator shall be an attorney with experience in the law underlying the dispute. 2. The parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within twenty-five (25) miles of where I reside. If a Business Owner resides in a rural area with no suitable arbitration facilities located within twenty-five (25) miles of such Business Owner’s residence, arbitration shall occur at the nearest location where arbitration services are reasonably available. 3. Unless applicable law provides otherwise, as determined by the arbitrator, the parties agree that Company shall pay all of the arbitrator’s fees and costs. 4. The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. 5. Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable. 6. The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions. 7. The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. e) Regardless of any other terms of this Agreement, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
- f) The JAMS Rules may be found at www.jamsadr.com or by searching for “JAMS Comprehensive Arbitration Rules and Procedures” using a service such as www.Google.com or www.Bing.com or by asking for a copy through firstname.lastname@example.org.
26. Notices. Unless otherwise provided in this Agreement, any notice or other communication requested or permitted to be given under this Agreement shall be in writing and shall be delivered personally, transmitted by facsimile or sent by first class, certified (or registered) or express mail, postage prepaid. Unless otherwise provided in this Agreement, notice shall be deemed given when delivered personally, or if transmitted by facsimile, one (1) day after the date of that facsimile, or if mailed, three (3) business days after the date of mailing to the address of the Company’s head office at:
Jamie Lee Photography – 523 North 2nd Street, Breese, IL 62230
or to me at the address I provided to the Company unless notice of an address change has been received by the Company. The Company shall have the right, as an alternative method of notice under this section, to use other normal channels of communications established with me.
I acknowledge that I have read, understand, and agree to the terms set forth in this Jamie Lee Photography Brand Independent Business Owner Agreement. I certify that all of the information provided by me in connection with becoming an Independent Business Owner and in this Agreement is true and accurate. I am of the age of majority in my state or territory of residence or older, I am a citizen or resident of the United States or Puerto Rico, and I have a valid Social Security Number or individual Taxpayer Identification Number.
We have the right to withdraw you from the contract at anytime, without question if we find you are not abiding to all the terms and conditions.
Reps are automatically given the opportunity if all Terms & Conditions are met. We look forward to growing with you