Sports Photography Lessons
The contract includes:
– Entry into agreed upon sporting event.
– Full lesson including field location decisions, best camera settings, best angles, what types of images to capture, game elements, and movement during the event.
– Student will receive a handout with high-level items covered during the session.
What is not covered:
– Editing images after the event.
– Reviewing of images once event has ended.
Please read the contract below and fill out the form (located after the verbiage). You will receive a confirmation of this once submitted. Thank you.
This Photography Lesson Agreement (“Agreement”) is entered into as of TODAY (day filled out by Student), by and between JENNIFER GONZALEZ PHOTOGRAPHY, a LLC with a primary address of 20240 Peckham St, Ashburn, VA 20147 (“Photographer”), and YOU (“Student”), each a “Party” and collectively the “Parties.” For good and valuable consideration, which the Parties acknowledge, the Parties agree as follows.
Services. Parties enter into this Agreement for the purposes of Photographer providing Photography Lesson for Student.
Booking and Payment. Payment will be dependent upon the length of the sporting event. Events up to 3 hours: $300. Events up to 90 minutes: $200. Events up to 60 minutes: $150.
Location Limitations. Student understands that the nature of what may be possible for Event is limited based on pre-existing natural or immovable features, lighting, and event location. This includes fences, light poles, and other objects on a field.
Cancellation. If Student requests to amend or cancel this Agreement 5 or less days before the agreed upon Event, the Photographer will keep the retainer as the date will not be able to be booked.
Rescheduling/Late Arrivals. The Student understands that they will need to arrive 30 minutes prior to the start of the sporting event. The Photographer is not responsible for lesson elements that may not be covered due to Student arriving late. If the Student is not on location at the start of the game, the lesson is canceled and the fee will not be refunded.
Cooperation. The Student will cooperate with the Photographer and heed their advice with movement, field location, and interactions with teams, players, or coaches.
Failure to Perform. If Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of Photographer, Photographer will make every attempt to reschedule for another sporting event within a two week period. If one is not available, the fee will be refunded. The Student will need to make themselves available within that two week period.
Indemnification & Liability. Student agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Student. Claims against Photographer for the delivered artistic works must be brought to Photographer’s attention within one (1) week from date of delivery. After one (1) week, the Student waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding.
Assumption of Risk. Student confirms they are a voluntary participant in activities performed during Event. Student certifies that they are fully capable of participating in activity required for participation in Event. Therefore, Student assumes and accepts full responsibility for themselves and attendees, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of Student’s negligence in participating in this activity. The Student will make themselves aware of flying balls, players running out of bounds, and other risks associated with a sporting event.
Student waives, releases, and forever discharges Photographer (“Released Parties”) from any and all claims they may have now or arising in the future related to their participation in the event. Student covenants and agrees not to sue any Released Parties for any such claims. Student waives, releases and forever discharges the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which Student has or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in the event. Student understands and acknowledges that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. Student understands and agrees that the foregoing waiver, release, and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. Student understands that this waiver, release and discharge operates for themselves as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on Student’s behalf. Student further agrees to indemnify and hold harmless all released parties from any claims which Student might make, or which might be made on Student’s behalf by others, or which might be made against Student by others, arising from Student’s participation in sporting event conducted by the Released Parties.
Copyright. The Student holds the copyright to all images they take during the sporting event.
Legal Miscellany. 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 will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party will 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.
Parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Virginia and the County/City of Loudoun County with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the Parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State/Commonwealth any action may be commenced, this Agreement will be deemed to have been made in such State/Commonwealth and will be governed by and construed in accordance with the laws of such State/Commonwealth.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Agreement. The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party.