Terms of Facilitation

Effective 10/25/2023

These Terms of Facilitation (“Agreement”) define the terms and conditions Shooter and Client agree to as a condition of using the EVOKE Platform to facilitate in the creation of a Wedding Service Contract in which Shooter and Client enter into.  Shooter and Client (each a “Party” and collectively “Parties”) agree to the following:

Updates Of These Terms

Shooter and Client understand and agree that EVOKE may change these Terms of Facilitation from time to time, and that any such changes will be effective immediately when posted on the EVOKE website and will be effective from the post date. Wedding Service Contracts predating an updated version of these terms will be governed by the Terms of Facilitation effective on the date the Wedding Service Contract was executed.

Electronic Signature Agreement

Both Parties acknowledge that when Shooter clicks “Offer Proposal” and Client clicks “Accept Proposal” by way of the EVOKE Platform, Shooter and Client are deemed to have executed this Agreement electronically, effective on the date of the Client’s acceptance of Shooter’s Proposal. Doing so constitutes an acknowledgement that Shooter and Client agree to conduct the transaction electronically, and are able to electronically receive, download, and print all connected agreements. 

Evoke Services And Fees

In consideration for the fees listed below, EVOKE agrees to facilitate in part or in whole the (1) discovery of Shooter and Client to each other, (2) creation of a Wedding Service Contact between Shooter and Client, (3) the invoicing to the Client and transfer of funds to the Shooter (4) and in the communication between Shooter and Client.

  • Shooter Fees: Shooter fees vary according to a tier system and are defined in the App under the Shooter’s Account Profile.

  • Client Fees: EVOKE Charges Client a fee of $9.95.

Relationship With Evoke

Both Shooter and Client agree that although they have used the EVOKE Platform to create a Wedding Services Contract, EVOKE is not a party to the Wedding Service Contract. Shooter and Client, not EVOKE, are responsible for deciding whether to enter a Wedding Service Contract with each other. Should Shooter and Client decide to enter a Wedding Service Contract, the contract is a legally binding relationship between the Shooter and the Client; EVOKE is not responsible for and is not party to any Wedding Service Contract and nothing will create an employment, agency, or joint venture relationship between EVOKE and Shooter or EVOKE and Client.

Shooter and Client further acknowledge and agree that EVOKE does not assume any responsibility for any consequences of using the Wedding Service Contract, which may not be appropriate for all circumstances. The Wedding Service Contract terms are not intended to, and do not constitute legal advice or create any relationship between EVOKE and Shooter or EVOKE and Client. Clients and Shooters should seek legal advice from a licensed attorney for their particular needs.

Shooters and Clients may agree to enter into additional contracts, replace or amend, in whole or in part the Wedding Photography Contact, providing such agreements do not conflict, limit, or expand in any way EVOKEs rights and obligations under these Terms of Facilitation.

Warranty Disclaimer

EVOKE does not warrant, guarantee or make any representations regarding the performance of Shooter or Client.  The Parties acknowledge and agree that EVOKE is not liable for the provision, execution, or procurement of the Wedding Service Contract by or for either Party. Client acknowledges and accepts sole and total responsibility for independently assessing the suitability of Shooter’s qualification for their needs and consenting to enter into the Wedding Service Contract with the Shooter. Client further acknowledges and agrees that EVOKE neither performs nor employs individuals to perform Photography, Video or related services and agrees that EVOKE does not supervise, direct, control, or monitor Shooter in the performance of the Wedding Service Contract.

COPYRIGHT AGREEMENT

The Client’s Copyrights to all Works in connection with the Wedding Services Contract are defined by the terms of the Wedding Service Contract. This agreement does not limit or grant the Client any rights with respect to copyrights beyond those expressly set forth in the Wedding Service Contract.


The Parties acknowledge and agree that Shooter and EVOKE shall perpetually retain a limited copyright to all Works created by the Shooter, in connection with the Wedding Services Contract, SOLELY AND EXCLUSIVELY FOR THE PURPOSE OF MARKETING SHOOTER’S SERVICES OFFERED ON THE EVOKE PLATFORM OR IN CONNECTION WITH MARKETING EVOKE IN A GENERAL WAY. (“Limited Copyright Agreement”) No other use of the Work is permitted under this agreement.


Under this Limited Copyright Agreement, Client retains no intellectual property ownership in the Works and has no right to inspection of the Works prior to use. Client waives all rights and claims and releases the Shooter and EVOKE from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, and use of the Works. Works posted or printed outside of the EVOKE website (https://www.evokephotoandvideo.com/) by the Shooter shall include the following:

  1. A URL link back to the Shooter’s Profile URL on the EVOKE website and/or another page on the EVOKE website as determined by EVOKE.

  2. A text credit directly under the posted Work bearing the name “EVOKE Photography & Video” and “Shooter’s Name”.

  3. A “Watermark” of the EVOKE Photography & Video logo displayed on the bottom right or left corner of the work at a scale no larger than 15% or smaller than 10% of the resolution of the small side of the Work and no closer than 5% to any border.

The Parties hereby grant EVOKE the right to permit strategic third parties, including but not limited to; wedding vendors, ceremony and reception venues, churches, reception halls, hotels, paid advertising listings, and similar the ability to post, print and display all Works in connection with the Wedding Service Contract. 

PAYMENT PROCESSING

Retainer Fee

Client agrees to pay a $300 Retainer Fee to retain Shooter’s services as defined by the Proposal. Shooter acknowledges that EVOKE will transfer the full Retainer Fee to the Shooter’s bank account, as defined within the Shooters account profile of the App, no later than 10 days of the Client’s funds clearing the EVOKE merchant account.

Balance

The balance due under the Wedding Service Contract, will be invoiced and collected by EVOKE on a monthly basis. Client agrees that all invoices will be sent via email to the Client’s stated email on the Wedding Service Contract. In all circumstances, Client agrees to pay the full balance 2 weeks prior to the  wedding date stated on the Proposal. EVOKE will email invoices on the 1st or the 15th of each month based on the Client’s assigned billing cycle. Invoices billed on the 1st are due by the 7th of the month. Invoices billed on the 15th are due by the 22nd of the month. The Parties acknowledge that EVOKE charges a late fee of $19.95 for payments received after the due date.

The Parties agree that the Proposal balance will be transferred to the Shooter’s bank account, less EVOKE fees, no later than 10 days after the Shooter sends the Client a link to the wedding Event Gallery by way of the EVOKE Platform.

No Chargebacks

Client agrees not to initiate any chargebacks against any charges made in connection with this agreement or the Wedding Service Contract and acknowledges that all such charges are valid and authorized.

DISPUTE RESOLUTION PROCESS

In the event of a dispute, concern, or other situation whereby Shooter or Client feels an action by the other is imperative to restore a fair transaction, and only after the parties have attempted and failed to resolve the situation among themselves, either party may initiate this dispute resolution process.


The process allows for an EVOKE Administrator to facilitate structured communications between the parties with the goal of reducing tensions and discovering a speedy resolution satisfactory to the parties. Both parties agree that the  EVOKE Administrator’s role will be strictly limited to the execution of the process defined below and limited in time to 10 consecutive business days of assistance. The party that initiates this process will be known as the “Filing Party” and the other will be known as the “Receiving Party”.

STEP 1 - Initiate the Process

Either party may initiate this dispute resolution process by emailing jay@evokephoto.com with subject “Dispute Resolution Requested” and include the following information:

  1. Full names of the Client & Shooter 

  2. Detailed description of the dispute, concern, or otherwise 

  3. Proposed resolution satisfactory to the Filing Party 

STEP 2 - Notification to Receiving Party

Upon EVOKE’s receipt of the Filing Party’s email, the EVOKE Administrator may seek additional clarification, and/or offer suggestions regarding a proposed resolution before notifying the Receiving Party of the concern and proposed resolution by the Filing Party.  

STEP 3 - Response from Receiving Party

Once notified of the concern and proposed resolution, the Receiving Party will have 2 business days to reply via email to the EVOKE Administrator either (1) accepting the proposed resolution or (2) offering a counter resolution. 

  • ACCEPTANCE - In the event the proposed resolution is accepted, EVOKE will work between both Parties to execute the resolution (within the time frame remaining).

  • COUNTER RESOLUTION - In the event the Receiving Party does not accept the proposal resolution, the Receiving Party shall propose a counter resolution. In this event, the EVOKE Administrator may seek additional clarification, and/or offer suggestions regarding a counter resolution, before notifying the Filing Party. 

STEP 4 - Counter Offer Cycle

The above process may be repeated no more than 3 times, or no longer than 10 consecutive business days with the assistance of EVOKE Administrator.

In the event the process does not resolve the dispute, the parties may seek other resolutions as defined by the terms of their Wedding Service Contract. In such a situation, both parties agree that EVOKE will not, and is not obligated to provide any further dispute assistance.

GENERAL PROVISIONS

Limited Liability

The Parties agree that EVOKE is not liable, and agree not to hold EVOKE responsible, for any damages, emotional distress, or losses arising out of or in connection with these Terms of Facilitation, Wedding Service Contract or any additional agreements formed between Shooter and Client, including but not limited to: Client’s reliance on the quality, accuracy, or reliability of Shooter profiles, ratings, or reviews found on, used, on or made available through the EVOKE Platform.

ADDITIONALLY, IN NO EVENT WILL EVOKE, AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE LIABLE FOR ANY EMOTIONAL DISTRESS OR  SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF EVOKE, TO ANY PARTY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE LESSER OF: (A) $500 OR (B) THE COLLECTED FEES RETAINED BY EVOKE IN CONNECTION WITH THIS AGREEMENT. THESE LIMITATIONS APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE WEDDING SERVICE CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF EVOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

Release

In further recognition that EVOKE is not a party to the Wedding Services Contract between Shooter and Client, both Parties hereby release EVOKE, and its respective directors, officers, employees, representatives, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute Shooter and Client may have with one another, whether it be at law or in equity that exist as of the time Shooter and Client enter into the Wedding Service Contract. This release includes, for example and without limitation, any disputes regarding the performance, and quality of service and product provided to Client by Shooter and requests for refunds based upon disputes.

Indemnification

Shooter and Client will indemnify, defend, and hold harmless EVOKE, and its respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of:

  1. Shooter or Client’s failure to comply with the  Wedding Service Contract; 

  2. Shooter or Client’s’ failure to comply with these Terms of Facilitation;

  3. Shooter or Client’s’ failure to comply with applicable law;

  4. any contract entered into by Shooter and Client, including, but not limited to, the classification of a Shooter as an independent contractor, any employment-related claims;

  5. negligence, willful misconduct, or fraud by Shooter or Client;

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by Shooter or Client or a third party against an Indemnified Party.

“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against Shooter or Client.

Binding Arbitration

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including but not limited to its formation, interpretation, performance, breach, or otherwise shall be settled by a panel of three arbitrators in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrations will apply the laws of the State of Texas to resolve the dispute. The arbitration will take place in Houston, Texas, no later than one hundred twenty (120) days after a request for arbitration is filed by a Party with the American Arbitration Association. Judgment upon an arbitration award shall be final and may be entered in any court having jurisdiction over the Party against which enforcement thereof is sought. This arbitration provision will survive the termination of this Agreement. The prevailing Party in any such dispute shall be entitled to recover the costs and reasonable attorneys’ fees from the other Party.

Actions Seeking Injunctive Relief

Notwithstanding the foregoing Binding Arbitration clause, any action seeking injunctive relief shall be submitted to the courts located in Harris County, Texas and shall not be subject to Arbitration. The Parties submit to the personal and exclusive jurisdiction of such courts for injunctive relief. The prevailing Party to an action seeking injunctive relief shall be entitled to recover its costs and reasonable attorneys’ fees.

Notices

Both Parties hereby agree that any official and legal notices in connection with this Agreement shall be provided electronically via email.. Such electronic communication shall be considered valid and legally binding upon delivery. Shooter and Client’s designated email address are noted on the Wedding Service Contract. EVOKE’s designated email address for such notices is: jay@evokephoto.com. 

Construction & Severability; Waivers

If any provision of this Agreement is found to be invalid, illegal, ambiguous or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to render it valid, legal, and enforceable, while preserving the original intent. If the modification is not possible, the invalid provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. Forgiving or overlooking a breach or default under this Agreement on one or more occasions does not imply forgiveness or waiver of any future breaches or defaults, whether related to the same provision or any other provision of this Agreement.

Entire Agreement

This Agreement, the Wedding Service Contract, and the Proposal constitute the entire understanding between Shooter and the Client, and supersedes all prior or contemporaneous understandings, and discussions. The Client stipulates that they did not rely on anything other than the wording of this Agreement, the Wedding Service Contract, and the Proposal to enter into this binding Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original. The Parties agree electronic signatures shall be deemed original signatures. Upon expiration, cancellation, or termination of this Agreement, the respective rights and obligations of the Parties shall survive to the extent necessary to carry out the intentions of this Agreement.

Definitions

Capitalized terms not defined in this Agreement can be found here: https://www.evokephotoandvideo.com/definitions.