This contract is for:

Group Session with Gisele Marques

Photographer:  Jennifer Gonzalez, 703-568-7688, webmastermama@gmail.com (text anytime!)

Date: May 18, 2025, 6:15 pm

Location: Morven Park, 17339 Southern Planter Ln, Leesburg, VA 20176

Meeting Location: We will meet at the house at Morven Park. I will have at pop-up changer available for changing from dress to outfit for college shirt (if needed).

By submitting the form you understand and agree to the following:

As a guest of Gisele, you understand that your child will participate in a group portrait session. No individual images of your child will be taken. If you’d like individual images taken, please reach out for a separate contract and payment (discounted for group session). 

Photographers. You understand no other photographers will be allowed at the session.

Use of Independent Contractor. In the event a third-party Independent Contractor (assistant) is hired for services and/or products for Session, Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor, or for products provided by such Independent Contractor. The Independent Contractor may interact with your child but will always ask consent for fixing hair, adjusting clothes or other actions taken to improve the photo.

Photographic Materials & Artistic Rights. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of Photographer. No products, including digital files, will be released until Gisele has made her selections. Client will only use the photographic prints in accordance with an incorporated Print Release. The final images cannot be used for commercial uses nor printed by any other vendors except the Photographer. Photographer retains discretionary artist rights and creative control in photographs selected for distribution to Client.

Products Included & Additional Purchases.  Your child will receive ONE(1) 8×10 image chosen by Gisele and the corresponding digital copy of that image. If you’d like more images, you will be able to purchase them at 50% off – VIP group session perk. If you’d like to purchase just digital images, you will have that option as well. Please note that digital images do not include a print release. All prints need to be ordered through the Photographer. Any prints ordered elsewhere may be subject to copyright infringement.

Physical Capabilities. Each Party understands and represents their ability to physically carry out, without assistance, the physical activities required to access location, engage in photoshoot and pose for Services.  You understand that there will be grass, insects, uneven ground, gravel, etc. and agree that the Photographer is not responsible for any injuries. Additionally, Long Branch Farm is also not responsible.

Preparation. Client assumes all responsibility for ensuring their preparedness during Session, including but not limited to bringing appropriate shoes, outerwear, food, and water. Photographer is not a trained excursion professional and you must exercise pre-Session planning to be informed of any health and safety protocols related to anticipated activities engaged in during Session.  You also acknowledges that if you bring wrinkled clothing, it will be wrinkled in the finished photos.

Photography and Videography. You will not engage in photography or videography during the course of Session unless otherwise agreed to by Photographer. Engaging in this behavior entitles Photographer to end Session without refund or reschedule available to Client.

Arrival. You agree to arrive on time for the session. If you will be late, you agree to reach out to the Photographer and Gisele and notify them of your estimated time arrival. You understand that arriving late may delay the session and/or your child may miss out on other group poses.

Indemnification & Liability. Client 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 Client. 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 Client 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.   Client confirms they are a voluntary participant in activities performed during Session.CLIENT IS AWARE THAT THE SESSION MAY INVOLVE ACTIVITY OR INTERACTION THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS OR EVEN DEATH. CLIENT IS VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND INTERACTIONS WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. CLIENT IS EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THEIR PARTICIPATION IN THIS ACTIVITY.

Client certifies that they are fully capable of participating in activity required for participation in Session. Therefore, Client assumes and accepts full responsibility for themselves, 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 Client’s negligence in participating in this activity.

Client 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 session. Client covenants and agrees not to sue any Released Parties for any such claims. Client 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 Client 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 session. Client 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. Client 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. Client 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 Client’s behalf. Client further agrees to indemnify and hold harmless all released parties from any claims which Client might make, or which might be made on Client’s behalf by others, or which might be made against Client by others, arising from Client’s participation in Session conducted by the Released Parties.

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.