Please read through the contract. If you have any questions, please reach out to me!
This Portrait Photography Agreement (“Agreement”) is entered into as of TODAY (specifically the day this is sent by the Photographer), by and between JENNIFER GONZALEZ PHOTOGRAPHY, a LLC with a primary address of 20240 Peckham St, Ashburn, VA 20147 (“Photographer”), and YOU (“Client”), 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 VIP Senior Portrait services for the Client. Photographer will provide Client with the following (“Services”):
– unlimited sessions (individual or group)
– 1 Elevated Portrait Session at a location outside of the area
– 50% off all packages and print products (order anytime!)
– special session(s) at sporting event or extra-curricular activity
– mini family session
– cap and gown session
– digital portrait card with all selected digital images
– portrait selection sessions where senior selects which images they would like edited
– other perks throughout the year
– first-come selection of dates in the fall and spring
– location/entry fees of the SENIOR will be covered. Parents may need to pay their own fee if individual fees are required. Entry into locations such as Great Falls National Park or Shenandoah National Park are one flat fee and will be covered.
VIP Responsibilities
– be in communication with Photographer. Please at least thumbs-up texts for acknowledgement and be active in responding to questions. Be in communication before session to confirm location, time, and any other details
– if a conflict arises for the session, alerting the Photographer at least 3 days in advance. Failure to do so may result in needing to reimburse photographer for any entrance fees that were paid
– act as an “ambassador” for Jennifer Gonzalez Photography. Please share your experience with a session to Instagram stories. This can be a short video or just sharing an image with, “Loved this!” or “It was so fun!”. Also, when tagged in posts, please share to your story
– understand that if a referred friend books with Photographer that you’ll receive an 8×10 of your choice (or two 5x7s) after that session has occurred
– communicate with Photographer about future sessions, location ideas, and open and honest about portraits. If VIP is not happy with final images, speak up immediately so changes can be made.
Booking and Payment. Photographer’s total fee for Services is $600 (“Services Price”), which includes a non-refundable payment of $600 (“Initial Nonrefundable Payment”) that must be paid within 48 hours of receiving the invoice. The fee covers all sessions through the school year. Client agrees that Initial Nonrefundable Payment is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of Photographer, and in consideration of the inability of Photographer to schedule other clients during this time. Payment will be made via credit card through PayPal Invoicing. If at any time the senior would like to drop out of the VIP program, the Initial Nonrefundable Payment will not be returned.
Consultation. The Parties agree to a pre-Session consultations at least 10 days prior to a Session. The consultation will work to finalize the schedule, locations, and the Client’s particular requests. All specific photographic requests will be received by Photographer at least 2 days prior to Session. Consultations can take place via Zoom.
Alternate Location. In the event Location is not viable to conduct Session due to Inclement Weather or other complications, Client will agree to a location selected at Photographer’s discretion.
Location Scouting. If the Client would like to have their session at a location that is unfamiliar to the Photographer, the Photographer will scout the location prior to the agreed upon date.
Location Access, Permits, and Fees. Per notice above, fees for VIP are covered. Parents may need to pay separately where applicable. If a permit is required, an extra fee may be necessary (i.e., if Client would like to take photos on the Mall in Washington D.C., a permit is required and that is not covered). When applicable, Client will adhere to the seven Leave No Trace principles, which may be found at www.LNT.org. Should the Location necessitate the use of a guide or aide to traverse, Client is or is not responsible for the coordination and remittance of all expenses.
Location Limitations. Client understands that the nature of what may be possible for Session is limited based on weather, pre-existing natural or immovable features, public ordinances, location requirements, state and national law, and all other location-based restrictions. Client will at all times abide by such location or alternate location guidelines. Negotiation with the officials for modification of guidelines and/or policies is Client’s responsibility. Client will indemnify and hold Photographer harmless in the event Client fails to abide by location guidelines resulting in receipt of fines, tickets, or other penalties. If Client is found at any point during Session to be in violation of guidelines, laws, and/or requirements, Photographer may end Session immediately and the Services Price will be retained by Photographer as liquidated damages for Client’s breach of this Agreement.
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. If either Party has physical limitations, Party must provide written notice to the other Party at least 5 days within execution of this Agreement. Parties will make best efforts to coordinate a plan for fulfillment of Services. Prior to the end of consultation, should either Party believe the limitations will impede delivery of Services, all monies paid will be refunded to Client and all obligations discharged.
Inclement Weather. Photographer will have sole discretion over the decision to continue Session under any inclement weather scenario. Photographer may decide to move forward with the Session despite rain, snow, wind, fog, extreme temperatures, and/or any other weather conditions. Client will take appropriate measures to mitigate results of inclement weather which may adversely affect Client. Client will hold Photographer harmless for damage caused to Client because of inclement weather, including limitations on Photographer’s ability to achieve a certain type or number of photographic shots imposed by weather conditions. If the weather conditions are not desirable or may create a potentially dangerous environment at or on the way to Location, Session will be rescheduled and the fee will be waived. Otherwise, an alternative location may be agreed upon.
Client 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 Client must exercise pre-Session planning to be informed of any health and safety protocols related to anticipated activities engaged in during Session.
Cancellation. VIPs are still required to cancel a session within three days. Cancelling a session within 24 hours will incur a fee of $150 as the Photographer would not have been able to book another session for that date. Additionally, any Client that arrives more than 15 minutes late to a session may end up forfeiting that session and incurring a $150 fee.
Travel Expenses (N/A). Travel, lodging, and other related expenses are not included in the Services Price identified in this Agreement and will be invoiced separately. Client will be solely responsible for payment of Photographer and (1) assistant’s travel expenses. Photographer will make the travel arrangements and will promptly invoice Client prior to Session. The invoice for travel shall be paid within 10 days of Client’s receipt of invoice.
Domestic and International Travel (N/A). Client assumes all risks associated with domestic and/or international travel. Photographer is solely responsible for all personally required travel permissions including, but not limited to, passports and VISAs. Client is solely responsible for securing permissions for fulfillment of Photographer’s services if required by the venue(s). Client’s responsibilities exclude Photographer’s personally required travel permissions outlined in this Agreement. Client is solely responsible for obtaining all necessary travel documents required for domestic and international travel, including but not limited to passport, state-issued identification, visas, and vaccination records. Client accepts their responsibility to remain informed of any travel advisories or warnings associated with the Location. Client represents they are of satisfactory health to travel and access Location and any other related locations during travel.
Photographer is not affiliated with any third-party vendors utilized by Client over the course of their travel to or from Location or otherwise related to Session. Client understands Photographer is not responsible for any harm, financial or physical, resulting from Client’s relationship with any third parties, and Client will indemnify and hold harmless Photographer for any loss resulting in Client’s utilization of third-party vendors or services.
Client’s failure to attend Session due to inability to travel will result in rescheduling of Session at Photographer’s discretion in accordance with the Rescheduling/Late Arrivals section of this Agreement.
Styling. Client shall retain full responsibility for styling choices during Session, including but not limited to wardrobe, makeup and hairstyle. Photographer discussion and comments shall only be construed as professional recommendations for consideration and not be deemed final choice. All styling choices made by Client at the event are final and no reshoots shall be available due to styling choices. Client may or may not give Photographer permission to touch their person during Session including but not limited to adjustment of straps, clothing, and hair. Alternate provision: Photographer retains creative control of Session, including, but not limited to, the adjustment of hair, makeup, jewelry, clothing, and clothing straps. All final choices will be made by Photographer.
Client understands that showing up with wrinkled clothes or shirts/dresses that show undergarments are fully the responsibility of the Client. Wrinkles will not be edited out of photos. Undergarments may be edited out unless it is too difficult. Client understands that they may be visible in final photos.
Completion Schedule. Delivery of products will be determined from the date of the photo reveal where the client will select their images to be edited. The delivery date will be based on the number of images to edit. The approximately time of delivery is 3-4 weeks. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Agreement. Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expediting fee of $100 will be applied to expedited product requests. Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services. Additionally, Client understands that during the Fall season, the Photographer may take longer to deliver digital images.
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. Client agrees to indemnify and hold harmless Photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Independent Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Independent Contractor. Client will retain full responsibility for failing to provide feedback on any services, including hair and make-up, prior to Session. Session will not be re-photographed due to dissatisfaction in these services without prior notice.
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 the agreed upon amount is paid in full. 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. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders will be charged at the prices in effect at the time when the order is placed.
Printing. The Client understands that they do not have rights to printing images. Printing is only available via the products provided by the Photographer. If the Client prints any of the digital images provided, they will be sent an invoice for those products. This applies to prints, albums, or other products. EXCEPTION: Graduation announcements, thank you cards, and other card-like items are exempt and able to be printed.
For purchase of photographs and products, Photographer will complete an image reveal with the Client. The client will view unretouched/basic edited images to make their selections. The Client will decide, at this time, what images they would like printed and what other products they would like. The Client understands that if the Image Reveal is done via Zoom that the colors/brightness/etc. represented by their monitor/device may not be what the final images look like. The Photographer always edits for the printing company. The Client will pay for the prints/products via PayPal Invoice and editing will begin once the invoice is paid.
Archiving. The Client understands that final images will be archived within 90 days of the delivery date. The Photographer can make the selected images available again but an Un-Archival Fee of $80 will apply.
Cooperation. Photographer is not responsible for behavior of parties involved with the shoot, with the exception of Photographer’s personnel. If the desired outcome of Session is jeopardized by the behaviors of parties involved with the exception of Photographer’s personnel, Photographer cannot be held responsible. Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at Photographer’s direction; providing a person to guide Photographer to desired persons and/or scenes; pre-shoot consultations, etc. Photographer will not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation.
Photography and Videography. Client 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.
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 and Client will make every attempt to reschedule Session. If a reschedule is unable to be agreed upon, Photographer will return Initial Nonrefundable Payment to Client and will have no further liability. Further, if Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of Photographer, liability will be limited to cost of the Agreement. In no event will Photographer be liable for any amount exceeding the cost of the Agreement.
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.