Public Persona Studio Terms + Conditions

Welcome to Public Persona Studio.

We'd like for you to be familiar with our general terms, policies + procedures to ensure that things run as smoothly as possible between us throughout our engagement.  Please be sure to read through everything provided in this document + please be sure to let us know if you have any questions.

Overview:  

These Terms & Conditions apply to the Proposal agreed upon by you (the Client) and Public Persona, LLC (Public Persona) (together with the Parties), pursuant to which the Client engages Public Persona to perform the services set forth in the agreed-upon Proposal. 

Unless specifically stated otherwise, these Terms & Conditions will apply to any and all future Proposals agreed upon by the Parties. 

Changes to these Terms & Conditions during the performance of a Proposal may only be made by the Parties’ mutual agreement and must be set forth in writing. After the completion of a Proposal, Public Persona may change these Terms and Conditions as a condition of agreeing upon any subsequent Proposals with the Client.

Scope of Services: 

The entirety of the services Public Persona is to provide the Client is set forth in the Proposal.  Any additional service to be provided by Public Persona to the Client will be the subject of a separate Proposal agreed upon by the parties, which may include different associated fees / hourly rates for the additional services. 

Please note that our prices are subject to change. Each Proposal expires 30 days after it has been presented. If for whatever reason a Proposal is signed but either this agreement or the first payment for the agreed-upon Proposal is not made within the time required, the Proposal will then be deemed null and void, prices and associated details will be subject to change.

Payment methods:

Invoices will be sent via Bonsai and will be used to process Proposals and invoices. 

We accept ACH, Credit Card and PayPal. 

If you (the Client) is paying in installments, you will receive an invoice/ reminder prior to the due date. We do ask that you kindly remit payment on time. 

Co-Creative Working/ Consulting Sessions: 

A big part of our co-creative process occurs via collaborative working / consulting sessions. The total number of sessions included in our engagement will be listed in the agreed-upon Proposal. 

Public Persona will work with you to schedule these sessions. 

Session dates and times are subject to Public Persona’s availability.  We will do our best to accommodate your desired session dates and times upon booking. 

We will be sure to reserve that time for you as well as any and all necessary preparatory time for each session.

We ask that you be sure to set aside the time to complete any preparatory work or “homework” that may be assigned before and/or during our engagement and that you deliver that to us according to our requested timeline. 

All sessions will be held via Zoom Conferencing. 

Please come to our sessions distraction-free, on a computer (vs. i-device) with stable internet access, and the ability to be able to participate on zoom as well as review documents in google docs, etc. in tandem.

• Please be respectful of other clients’ scheduled sessions by being as prompt as possible.
  

• In an effort to respect other clients’ schedules, any sessions initiated late will still end at the pre-arranged time.
  

• Please do your best to notify us in advance via email if for whatever you are going to miss a scheduled session.  Only sessions which are canceled in advance will be rescheduled.

Session Schedule Changes:

In case of illness or family emergency sessions are subject to change. 

We are only able to work on an extremely limited number of projects per month.  We understand the importance of your valuable time as well.
 
The Parties acknowledge and understand the importance of adhering to the agreed-upon session dates and times.

If Public Persona is required to change a scheduled session, the Client will receive an email in advance, and Public Persona will work with the Client to reschedule the session at a time that is agreeable to the Client.  

Should the Client need to change a session date and time once it is booked:

- While Public Persona is understanding that unforeseen circumstances can arise,  Public Pesona will do its best to accommodate for ONE (1) rescheduled session per engagement.

- Should you require an additional session reschedule, you will be asked to pay a $150 rescheduling fee.  This fee covers the administrative costs incurred by Public Persona to accommodate for the change, as well as for loss of billable opportunity incurred on our end. 

Session Recordings: 

You will receive a recording of our session from Lane within 24 business hours of your session. 

If for any reason you do not receive the recording please email hello@public-persona.com to call it to our attention. 

Please be sure to save a copy of the recording as it will only remain on our server for a total of 90 days. 

Correspondence Between Sessions: 

During our engagement, we (Public Persona) are here for you. If you’d like to reach Sarah, you may do so either through email at sarah@public-persona.com and/or through Voxer (if Voxer access included in your Proposal). 

We will do our best to respond to you within 1-2 business days or less. 

Deliverables:

Deliverables (if any) will be outlined in the agreed-upon Proposal.  The total number of rounds of changes/feedback to a deliverable is outlined in the agreed-upon Proposal.

We try to provide a framework of time in which to expect this/this final deliverable (s) - however, if your sessions have been postponed, and/or delayed for whatever reason please know that the projected date for delivery for these deliverables will vary according to our availability.

Confidentiality:

Personal information, business information and other proprietary information supplied to Public Persona by the client within this engagement will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission unless where required by law. We will also not divulge that we are in a consulting relationship, with anyone, as a courtesy for your privacy, unless you give Public Persona  permission to do so. You may, however, feel free to tell others that we are working together if you like.

Unless strict confidentiality is requested by you, Public Persona may display final photographs created for you on the Public Persona website and/or may share it on social media once our engagement is complete.

Intellectual Property:

Any and all of the materials (workbooks, questionnaires, worksheets, outlines, etc.) that Public Persona provides to the Client  (the “Materials”) are the property of Public Persona and are protected by copyright, trademark, and other intellectual property laws. The Materials are provided solely for your personal non-commercial use. 

The Client may not use the Materials in a manner that constitutes an infringement of Public Persona’s intellectual property rights, or that has not been previously authorized by Public Persona. Specifically, the Client may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any of the Materials.

The Materials covered by the above clause do not include the engagement deliverables that Public Persona is to provide the Client pursuant to the engagement as outlined in the Proposal.  

Decisions:

You are responsible for the decisions made about your work and your business. I am happy to share my opinions, offer resources, or make referrals. However, it is up to you to decide which, if any, to act upon. If you decide to take a recommendation, it is your choice and you take full responsibility for it.  

We will always try our best to provide good, vetted referrals and resources - however, if you decide to work with someone based on our referral, you must know the workings of that relationship will be entirely separate of my relationship with you and Public Persona will not be held liable for any work done with those referrals. 

Payment Policies: 

Fees + Payment Schedule:

Fees and payment schedule will be mutually agreed upon in the Proposal that is provided and signed by both parties. 

Late Payments or Failure to Pay: 

If the Client fails to make a payment on time, we do reserve the right to halt our service and/or the delivery of specified deliverables until the scheduled payment is remitted. Public Persona may also withhold delivery of any current work/ deliverables if accounts are not current or overdue invoices are not paid in full.

And - although we’d most certainly hate for anything to come to this, we do need to state that should the Client for any reason fail to make a payment altogether, we reserve the right to recuperate such payments through proper legal channels or through the use of third-party collection firms. If it is necessary to pursue payment through these methods, Public Persona is entitled to also recuperate any fees spent on collection efforts. 

Should the Client wish to cancel the engagement for any reason:

Should you wish to cancel your engagement for any reason, we ask that you send a formal request via email to sarah@public-persona.com stating your request.  While we are certainly understanding of unforseen circumstances (and will try to work with you on a case-by-case basis to reach an agreement), the following are our general terms surrounding cancellation:

For Consulting Services +  Packages:

The total number of sessions included in your package/ engagement will be outlined in your Proposal.

If the cancellation is within 24 hours of accepting the Proposal, signing this agreement and paying the initial deposit, we will refund you the full initial deposit amount minus a 10% service charge incurred by our payment processor.

If the cancellation is before we have started our first session, the Client will be refunded the initial payment amount minus a $500 cancellation fee to cover the administrative costs incurred by Public Persona to on-board the Client.  

If the cancellation is after the first session, the Client will be refunded the initial payment amount less $1,250, which covers costs incurred by Public Persona including session preparation time and conducting the first session, as well as related administrative costs.  

If the cancellation is after the second session, the Client will forfeit the full initial payment amount.

No refunds will be offered for consulting sessions once they have taken place.

If at any time after the commencement of the engagement the Client ceases to communicate with Public Persona about the engagement (aka ghosts), Public Persona will cancel the engagement and charge an administrative fee of $250. 

Before canceling the engagement, we will attempt to reach out to you via the email address that you provide a total of 3x. If we do not hear back from you we will cancel the engagement regardless of whether the final payment was remitted. 

Sub-Contractors, Recommended Contractors, Resources, Photoshoots:

A Separate Photoshoot Agreement will be provided to the Client which outlines the cancellation policies for the individual subcontracted parties (the photographer, hair + makeup team). This Agreement will govern how cancellations and/or postponements will be handled by Public Persona.

No refunds will be given for photoshoots or preparatory services once they have taken place. 

The Client agrees that, should any disputes arise between the Client and Photographer concerning the Photographer’s terms of use outlined in lines 1 through 3 above, the Client will resolve such dispute directly with the Photographer and that PP is not a party to any such dispute.  The Client further agrees that PP is not liable for any harm the Client may incur should the Photographer breach the terms of use outlined in lines 1 through 3 above, and the Client will therefore not seek to hold PP liable for any such harm.

For All Services

Public Persona, may, in its sole discretion, terminate services if the Client engages in any conduct that is disruptive, abusive, threatening or otherwise offensive to any employee or contractor of Public Persona.  If the engagement is terminated under this clause, no refund shall be issued to the Client.

Postponing our engagement 

If for any reason you feel as though you need to postpone our engagement, please submit a formal request via email at least 48 hours prior to our initial session.  Postponements are reviewed on a case-by-case basis.  

Should you need to postpone your engagement for a period of time that is greater than 6 months, please note that our prices will be subject to change and a new Proposal will need to be created. 

Delays

Illness, injury, or other events beyond Public Persona’s control, such as: fire, theft, and computer failure may result in a delay of unpredictable length.

Waiver + Liability of Release

Should the agreed-upon Proposal incorporate any IRL "Event"  - such as a VIP Day, Retreat, or Photoshoot,  since we’ll be possibly participating in various activities, dining out, may be in various environments, and may be traveling from point to point via car, etc.

We will do our very best to ensure that you have the very best stay and are in the best and safest hands during your stay as your safety is of utmost importance. 

I just want to be sure that should any kind of accident occur while we are together, such as twisting an ankle at your photoshoot, we won’t be held liable.

I hereby release and forever discharge Company from liability from any and all claims resulting in bodily injury, personal injury, accidents, illnesses (including death) and property loss arising from, but not limited to, any and all activities done as part of the Event.  I knowingly, voluntarily and expressly waive any claim I may have against Company for any injury or death, whether or not caused by their negligence, failure to act or other acts. 

I acknowledge and agree that during the Event, I will engage in activities, which will involve certain risks and I acknowledge and agree that these risks cannot be eliminated regardless of the care taken to avoid them.  I explicitly state that my participation is voluntary, I knowingly assume all such risks, and I agree not to sue or make a claim against the Company.

Indemnification and Hold Harmless

I agree to indemnify, warrant, defend and hold Public Persona, LLC harmless from any and all claims, legal actions, liabilities, demands, expenses, damages and costs, including attorney’s fees, that are connected in any way to my participation in the Event. This includes, but is not limited to, claims for personal injury, disability, death and property loss, regardless of the person or entity at fault.  I further agree to reimburse the Company for any and all expenses incurred because of any such claims made against them, including any appeals.  In the event of my death or disability, these terms will be binding on my estate, heirs, representatives and assigns. 

Independent Services

Throughout the Event, Public Persona LLC may recommend or incorporate services performed by independent third party companies and independent contractors to provide Event related services and activities, including, but not limited to event accommodations, dining, entertainment, photoshoot, special activities (“Independent Services”).  I acknowledge and agree that Public Persona  is in no way responsible for any bodily injury, personal injury, accidents, illnesses (including death) and property loss arising from such Independent Services.

Limitation of Liability 

 In all circumstances, the maximum liability of Public Persona, its directors, officers, employees, subcontractors, to Client for damages for any and all causes whatsoever, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of Public Persona.

In no event will Public Persona be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Public Persona, even if Public Persona has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.