Portrait Agreement

Ever After, LLC
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  • Every business has policies to keep communication clear. The purpose of this document is to be transparent, set expectations for you and for us, putting everyone on the same page about what we do and how we do it. In exchange, we ask that clients indicate agreement with their signature. Having a clear understanding with our clients is so important that we won't photograph a session unless our studio policies are acknowledged with your signature. This document is between Ever After, LLC, and the Client/s signing the document.

    Please carefully read this document, then sign. By paying our fee and signing, you agree to these policies, terms and conditions.

    Ever After, LLC's studios are at 46506 Oak Lane, Sterling, Virginia, 20165, call or text us at 571-434-0009.
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  • Definition of Client/s (That's you!)

    The person/s whose signature/s appear on this document shall be the client/s, and be financially responsible for all payments to be made.
  • Copyright and Reproductions/Usage/Photo Release (I agree not to steal!)

    The Client/s signature/s constitutes consent for this use and recognizes that no further notification is required, that signer is over 18 years of age, and that if any portrait Subject is a minor child, that you are the parent or duly authorized representative of that Subject and have read and understand this model release.
    Ever After, LLC
    - shall exclusively own the copyright to all portraits created in perpetuity. It is illegal to copy or reproduce these photographs elsewhere without photographer's permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
    - shall have the exclusive right to make reproductions for any purpose
    - may provide a written Usage License of ordered images.
    Client will not
    - make copies for sale or for the purpose of circumventing the sale of portraits or images.
    - copy or reproduce the portraits/images in any way without express written permission.
  • Touchups (Make me even more beautiful!)

    Basic Retouching
    - Is only done to portraits that are ordered. - Includes blemishes, circles and bags under the eyes.
    Premier Retouching
    - Includes, but is not limited to, reduction/elimination of small lines and wrinkles, teeth whitening, reducing red eyes and skin, skin softening, correction of hair/makeup, environmental effects, clothing, reflections in glasses, opening closed eyes, removal of fixtures, etc.
    - Premier Retouching or extensive touch-ups will incur a $75 fee per hour.
  • Custom Designs (Ever After, LLC will provide unique custom designs – I won’t ask for more than 2 changes)

    - Additional fees may be charged for anything redesigned or retouched more than two times.
    - Albums are designed with on average, 1 to 2 images per page.
    - Portraits ordered for the Album are final and cannot be changed at a later time.
  • Prices and Ordering (I'll pay for what I buy.)

    - You are under no obligation to purchase any portraits as there is no minimum purchase.
    - You agree that you will think about your order before you place it and won’t call or email or contact us after you place it requesting to change it.
    - Not all portraits will be made available for ordering. We reserve the creative right to release only those within the photographer/s' artistic standards.
    - Purchased portraits will be stored in our digital library for emergency replacements.
    - ​​​​​​​Portraits will be presented in person at an adults-only Ordering Session.
    - All decisionmakers must be present.
    - Any portraits that you, family members, or friends want must be ordered during this time.
    - Portrait Orders are Final and cannot be refunded, cancelled or changed.
    - Additional ordering appointments will incur an additional fee.
    - All unordered images will be deleted after the Ordering Session even if no order is placed.
    - Credits not used during the Ordering Session will not be refunded for cash or future credit.
    - All orders will be delivered upon receipt of payment in full and take 4-6 weeks minimum for delivery from time of final payment.
    - Legacy products take longer due to their custom, handcrafted nature.
    - Estimates for delivery are truly just estimates.
    - Anything ordered will be delivered in one order, including digital products, at the same time; we do not split orders and deliver partial orders.
    - No return or exchanges are allowed except for manufacture defect on the item.
    - All defects must be reported within 5 business days from the receipt of the products and require a return label for proper processing.
    - There is a $25.00 fee for any bounced check.
    - Product prices and special offers shall be in effect for your Ordering Session only.
    - Tax and shipping is additional to all orders.
  • Products (What you can get)

    -Ever After has different product lines.
    - Certain products are only available for certain types of sessions.
    - Social media files are watermarked and not suitable for printing.
    - Archival digital negatives are printable up to an 8x10.
  • Payments ( I pay for my time, not someone else's. Hurray!)

    - Clients who choose to pay by credit card authorizes Ever After, LLC to charge to the card any fees, products or services purchased by the Client.
    - Ever After, LLC reserves the right to charge a flat 3.5% fee charged on all credit card purchases.
    - If you would prefer to not pay this fee, please pay your invoice in Cash, Check or Debit Card.
  • Personnel (Ever After, LLC's got you covered!)

    Ever After, LLC may have have an associate Portrait Artist taking the photographs who shall be a competent professional or in addition, and/or may have an Assistant take photographs under the supervision of a principal photographer.
  • Exclusive Photographer (What we are)

    Ever After, LLC shall be the exclusive photographer/s retained by the Client/s for the purpose of photographing the session -- so please, no other cameras! This includes your mobile phone!
  • Risk (I understand that Risk Brings Reward)

    - There is some degree of risk inherent in any activity, including photography. Signature to this agreement means that you agree that Client/s, Client/s family including minor children, will hold harmless Ever After, LLC, their representatives, employees, property owner and Mindy Belcher from any loss, damage, injury or dispute in the event you, your family members or anyone attending the session may become injured or ill during your session, after your session, while on the studio premises or that they will be held responsible for any loss, damage, or injury you, your family members or anyone attending the session may incur during any part of the process of having his/her portrait taken, or during the ordering of portraits.
    - Client/s acknowledges that he/she is the parent/guardian of any minor children photographed, and as such, has the right to consent to this waiver and assumption of risk.
    - Signature to this agreement means that Client/s has read and understood the foregoing, and gives consent to the terms of this waiver and assumption of risk.
  • Services (Portraits are important to me – I’ll follow the process)

    Calls or sessions may be recorded for quality and training purposes.
    No cameras, video recording devices or cell phones are allowed during the portrait session or during the order appointment.
    Certain information will be requested from clients so that we can style your session and is required for us to do our best work.
    If clients are non-responsive to requests for longer than 10 days, we reserve the right to remove portrait and ordering dates from the calendar and retain any fee.
    Those requests may include:
    - providing requested snapshots
    - completing a requested "mom" call
    - completing a requested "dad" call
    - completing a Design Session
    Your signature indicates your agreement to respond to requests in a timely manner.
  • Scheduling (I’ll show up on time!)

    Portrait Session
    Arrive Early for Your Session
    Sessions have a start and end time blocked off for your family.
    We won’t use the time you paid for to photograph someone else who arrived late.
    - Arrival more than 15 minutes late means you will lose your scheduled time so we encourage you to arrive 5 - 15 minutes early.
    - Please text us when you arrive. Due to Covid, we ask that you wait in your car
    - We will text you when the prior family has left our studio
    Arrival more than 15 minutes late means:
    - You will lose your scheduled time and your session will be cancelled.
    - Your session/holding fee will be forfeited and not be refunded.
    - If applicable, hair and makeup services could be forfeited.

    Ordering Session
    Arrival more than 15 minutes late means:
    - You will lose your scheduled time and your session will be cancelled.
    - Your session will need to be rescheduled within 30 days so as not to negatively impact your experience or the experience of the family scheduled after you.
    - Your fee becomes fully non refundable.

    - To ensure that we are booking committed clients, payment of our fee secures a session on our calendar
    - This fee is 100% refundable for the cancellation of a session within the first 48 hours of payment, no questions asked.
    - If you FAIL TO ATTEND the portrait or ordering session you will forfeit your fee.

    Session Dates and Times
    - Portrait and Ordering Session dates are scheduled by phone.
    - Changes to appointments will not be accepted via email.
    - You must call the studio at 571.434.0009 for any appointment changes. Failure to do so will result in the forfeiture of your fee.
    - Please book your date thoughtfully and with consideration as rescheduling your appointment can often be difficult and is not always possible.

    Ever After Portraits is an in-demand, fine art portrait studio. We limit the appointments we accept based on our capacity to ensure a custom experience and stunning art pieces for our clients and are often booked months in advance. Our studio team often comes together from different cities to give our clients a memorable custom portrait experience at the highest levels of excellence.
    Your fee helps to prevent no-shows and late cancellations, ensuring that our clients are as serious and committed as we are to their having beautiful portraits created. 
    - We have a 14 day minimum rescheduling policy.
    - If you provide 14 days or more advance notice to reschedule by calling 571.434.0009, your fee is automatically transferred to secure a new date for one occurrence. While we will do our utmost to accommodate your schedule, please note that sessions are typically booked months in advance. You may be required to join a wait list.
    - This allows for another family may be scheduled and we will then be able to rebook your date and time and apply your fee to the new appointment
    - Rescheduling with less than 14 days notice requires an additional fee. Rescheduling more than once without paying an additional non-refundable fee is not possible at this time.
    - Outdoor Portrait Sessions may have to be rescheduled due to weather or moved inside to our indoor studio at the photographer's discretion.
    - Please contact us immediately to reschedule due to illness. We are happy to accommodate you. The Studio will allow only one (1) complimentary reschedule due to illness/Covid with less than 14 days notice. After that, a rescheduling fee will apply.

    Cancelling your session permanently will result in the loss of your fee.
  • COVID-19 (I will keep myself and others safe)

    - Due to the current global outbreak of Covid the Photographer has the right to cancel or reschedule sessions without notice, limitation or justification. This is in line with the current WHO, CDC and Government recommendations in handling and containing the virus.
    - Client is expected to comply with current hygiene and safety advice recommended by health services and also must agree to and abide by any additional hygiene terms the photographer may send to the client prior to the session.
    - In the event the Photographer becomes unwell and is prevented from carrying out the booked session, the Photographer will make every effort to reschedule the session. If this is not possible, the Client will receive their holding or session fee in full.
    - In the event the Client becomes unwell and cannot attend the photography session, the Photographer and Client will make every effort to reschedule the session. If this is not possible, the client will receive their holding or session fee in full.
    - If anyone attending the session with the Client appears to have symptoms of the virus (including but not limited to: a cough, fever or respiratory symptoms, mild or otherwise) they will be asked to leave immediately, and the session will be halted without notice or restriction.
    - If anyone in the Client’s household becomes unwell with respiratory symptoms (as listed above), the Client has a duty to make the Photographer aware of this prior to the session. Failure to do so could result in termination of the contract and in spread of the disease.
  • Testimonials (I understand that I will enjoy the experience so much that I will want to give a testimonial)

    - I understand that I may be asked to give a testimonial.
    - If I choose to give a testimonial I agreed that it may be used in connection with publicizing and promoting whoever I speak about and also irrevocably authorize that Ever After, LLC may use it for any other lawful purpose.
    - I agree that I will make no monetary or other claim for the use of the statement.
    - I waive any right to inspect or approve the finished product, including written copy, wherein my likeness or my testimonial appears.
    - I hereby hold harmless and release Ever After, LLC and/or the business that referred me to Ever After, LLC from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
    - My signature to this agreement indicates that I have read the authorization and release information and give my consent for the use as indicated above.
  • Studio Liability and Performance (Ever After, LLC can't manipulate the time-vortex or make Superman appear. Be on time and bring your own tights!)

    - Ever After, LLC takes great care with respect to the exposure, processing, and delivery of photographs. In the event Ever After, LLC cannot comply with the terms of this contract due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, whether caused by Ever After, LLC or otherwise, Ever After, LLC and/or photographer/s’ liability for this or any other circumstance shall be limited to the amount paid up to that time by the client/s. Ever After, LLC does not guarantee to capture any particular image(s) or meet any particular aesthetic criteria as part of its performance.
    - Failure by the client/s to make any payment as and when agreed shall release the studio from any further responsibility under this contract, without the responsibility to return any monies previously paid to it under this contract.
    - To the extent provided by law, Client/s hold harmless Ever After, LLC, its officers, agents and employees from all liability, damage, cost or expense arising from claims for injury to persons, damage to property occasioned by reason of any conduct undertaken by reason of this contract (the hold harmless will not apply to the extent an injury is caused by the gross negligence of or the willful misconduct of Ever After, LLC, its officer, agents or employees). Ever After, LLC has the right to refuse service to anyone.
  • Governing Law (State and Federal Law - I'm a good citizen!)

    - Ever After, LLC and Client/s agree the laws of the Commonwealth of Virginia, County of Loudoun, shall govern the validity, construction, and performance of this Agreement, without regard to its conflict of law principles.
    - Any actions relating to this Agreement shall be brought in the state or federal courts located in and serving the Commonwealth of Virginia, County of Loudoun. Client/s assume/s responsibility for any and all collection costs and legal fees incurred by Ever After, LLC in the event enforcement of this Agreement becomes necessary.
  • Counterparts (You are who you say you are - and so are we!)

    - Client/s and the Studio agree that signatures by facsimile transmission or electronic scan, and using electronic and email signatures are acceptable and shall have the same force and effect as if an original signature.
    - Construction and Severability; Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law.
    - If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect.
  • Agreement (That's what this is)

    - This agreement incorporates the entire understanding of the parties, is not valid until signed and any modifications to it must be in writing and signed both by Ever After, LLC and by the Client/s.
    - By signing this Agreement, with or without payment, you, the Client/s, agree/s that you have read, understand, have legal authority to grant these permissions and I accept all responsibility for such and agree to these terms and conditions and will abide by this Agreement.
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