LIMITED EDITION PHOTOGRAPHY AGREEMENT

TERMS AND CONDITIONS

Every business has policies to keep communication clear and put everyone on the same page about how things will work, and that’s the purpose of this document.  This agreement is between Ever After, LLC, and the Client/s signing the document.
Please carefully read this document, then sign it to indicate you’ve read and agree to follow these terms and conditions. By paying our fee and signing this Agreement, you agree to these terms and conditions.

This photography Agreement is entered into as of:  TODAY’S DATE (the “Effective Date”) between Ever After, LLC, offices at 46506 Oak Lane, Sterling, Virginia, 20165, 571-434-0009, operating in the Commonwealth of Virginia, and the Purchaser or (Client), relating to the Client’s portrait/event/session as detailed below:

CLIENT’S NAME:

YOUR NAME

YOUR ADDRESS

DESCRIPTION OF SERVICES, AND/OR PRODUCTS, PRICES AND FEES:

Photography booked can be for any type of session as specified and all terms as described in what you booked online and below.

LIMITED EDITION SESSION YOU CHOSE

$99 SESSION FEE/$99 PRODUCT CREDIT

LIMITED EDITION SESSION DATE

Agreement (That’s what this is)
This Agreement is not valid until it is signed by the Client and an authorized representative of Ever After, LLC and has been received along with payment of the booking retainer as specified by the Payment Terms as noted.  This Agreement incorporates the laws of the Commonwealth of Virginia and incorporates the entire understanding between the Client and Ever After,  LLC.   Each person signing below acknowledges that they have received, read and understand this Agreement and will be fully responsible for ensuring that full payment is made according to the terms of this Agreement and on any future orders.  Only the signatories of this document are authorized to communicate with Ever After, LLC in the event of a dispute.

Change of Location (We’re going where?!)
No change of location is permitted.

Definition of Client/s (That’s you!)
The person/s whose signature/s appear on this agreement shall be the Client/s for this agreement, shall be the one/s to whom Ever After, LLC delivers its products, and shall be financially responsible for all payments to be made under this agreement.

Copyright and Reproductions/Usage/Photo Release (I agree not to steal!)
I agree that Ever After, LLC shall exclusively own the copyright to all images created through this agreement. Ever After, LLC shall have the exclusive right to make reproductions for the client/s or for the photographers’ portfolios, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, for display within or on the outside of the photographers’ studio, including the internet. The client/s agree/s to purchase all prints and/or images directly from Ever After, LLC.
Unless specifically stated, this contract does not provide the client/s with any ownership of or rights to use the negatives or digital image files created under this contract.
Ever After, LLC may provide a written Usage License which will allow the Client to make digital copies, prints, and other reproductions for personal, non-commercial use and distribution (such as email and websites) of ordered images.  The actual copyright and all other usage rights are retained by Ever After, LLC and the individual Photographer.  Client will not make copies for sale or for the purpose of circumventing the sale of the images.  The client/s will not copy or reproduce the images in any way without Ever After, LLC’s express written permission.  Unauthorized copying or use of the Ever After, LLC images is an infringement of Federal Copyright Law and a violation of this contract.
Client understands and grants Ever After, LLC the irrevocable right and permission to copyright, publish, use and reuse such photographs of the portrait Subject(s) in any and all media now known or hereafter devised, worldwide, in perpetuity, for advertising, promotion, trade, exhibition, distribution or any other lawful purpose whatsoever, including the right to use these images for samples, displays, internet website pages, advertising, exhibitions, contests, publication and any other purpose, including commercial.
The Client/s signature/s to this Agreement 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.
Images are edited at Ever After, LLC’s discretion, and the proofs shown may not include all images shot.  Ever After, LLC reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer/s’ artistic standards.
All images are copyrighted by Ever After, LLC.   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.

Custom Designs (Ever After, LLC will provide unique custom designs – I won’t ask for more than 3 changes)
Ever After, LLC reserves the right to charge additional fees in the event anything is redesigned or retouched more than three times. Albums are designed with no more than, on average, 2 images per page, and generally are designed with 4 images per two pages.  Some pages may have more; some may have less.  Images ordered for the Album are final and cannot be changed at a later time.

Touchups (Make me even more beautiful!)
Basic Retouching:  Touchups are only done to images that are ordered.  Basic retouching includes blemishes, circles and bags under the eyes.  Digital images are not retouched.
Premier Retouching:  Although diligent efforts are made to avoid environmental problems and effects, all Client-requested digital touchups or alterations not included in the purchased product are at Client/s expense and would be defined as Premier Retouching. 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.

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.
Images will be presented in person at an adults-only Ordering Session.   Any portraits that you, family members, or friends want must be ordered in person at an Ordering Session.  All orders are final and all product orders are non-refundable once ordered.  You agree that you will think about your order before you place it and won’t call or email the next day requesting to change it.  All unordered images will be deleted after the Ordering Session even if no order is placed.  Credits or Reservation fees 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 from time of payment.
Anything ordered will be delivered in one order at the same time; we do not split orders and deliver partial orders.
Due to the nature of custom made portrait, all sales are final. No return or exchanges except for manufacture defect on the item. All defects must be reported within 5 business days from the receipt of the products and must achieve return label for proper process.  If you order, all payments must be completed before your products are delivered.  There is a $25.00 fee for any bounced check.
Product prices and special offers shall be in effect for your Ordering Session only. For any additional items, or for contracted items not fully specified or ordered by client/s until after said date (“late orders”), prices shall be those in the Studio’s regular price list in effect at the time any such additional or late order is made. Depending on the location and whether you were referred or not, up to 1/2 or all of the Reservation Fee may be used as a Product Credit at your Ordering Session.
Tax and shipping is additional to all orders.

Products (What you can get)
No other products are included other than the those specified in the package as noted.  If a product credit is included, the Product Credit will only be applied toward products ordered above that amount. Any product credits not used at the session are forfeit and will not be refunded for cash.  For Regular Sessions, all products are available for purchase.  For Limited Event Sessions, products are limited and do include special package pricing and it is understood that a package must be purchased before additional add on products are available from the Limited Edition  Pricing Menu.
Multiple-image products such as storyboards and albums (products that contain more than one image) require $1,000 minimum investment.
Additional ordering appointments will incur an additional fee.
Each invoice is considered an order, and as such, the entire order will be delivered at the same time — no partial orders.  If Digital Files are part of order, they will not be delivered separately, but will be delivered with the final product.
Signature to this agreement indicates that you understand and will abide by our Album Design Policies as specified in our Album Order Form.

Delivery/Pickup (Your order is here!)
Upon notification, the Client/s must arrange for pickup or delivery of certain products, such as albums and prints and other products within a reasonable time period, not to exceed 30 days after notification. Ever After, LLC is not responsible for any damage that may be incurred while the proofs and/or other final products are in storage after said 30 days. The terms of this Agreement are valid for 6 months after the date of the event. If no correspondence has been received by that date, this Agreement will be considered completed in full. Client/s shall not hold Ever After, LLC liable in the event that photographic materials are damaged in the processing, lost/damaged in the mail or otherwise lost or damaged without fault on the part of the photographer. No money will be reimbursed. All prices are locked in for 6 months after the date of the event. After 6 months, prices are subject to change.

Payments (I pay for my time, not someone else’s.  Hurray!)
Once Ever After, LLC reserves a date/time for the client/s, it ceases attempting to sell its services for this date/ time to others. If the event is cancelled or postponed, the Studio suffers a loss. Therefore, payments made by the client/s are not refundable under any circumstances. Should Client elect to pay by credit card, Client hereby authorizes Ever After, LLC to charge to the card any fees, products or services purchased by the Client.
You may make your payment online or mail payment to the address below:

Mindy Belcher
Ever After, LLC
46506 Oak Lane
Sterling, VA  20165

Personnel (Ever After, LLC’s got you covered!)
Ever After, LLC may substitute photographers in the event of a photographer’s illness or incapacity. In the event of such substitution, Ever After, LLC warrants that the photographer taking the photographs shall be a competent professional. Ever After, LLC may utilize one or more assistants at the event, and such assistant/s may also take photographs under the supervision of a principal photographer.

Exclusive Photographer (Who 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!

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 children, will not hold the photographer, the property owner, or the business owner responsible for any loss, damage, or injury you or your family members may incur during any part of the process of having his/her portrait taken, or during the viewing or purchasing of portraits.

PARTICIPATE AT YOUR OWN RISK – AGREEMENT TO WAIVE  RIGHTS
In consideration of receiving permission from Ever After, LLC to use the property at 46506 Oak Lane for your portrait or ordering session, whether the session includes Client/s, Client/s’ family or Client/s’ children, Client/s hereby expressly agree/s:

1.    To assume all risks and responsibility, for any injuries Client/s or anyone attending a portrait or ordering session may sustain, any injuries Client/s may cause to any other person, and any damage Client/s may cause to Ever After, LLC or Client/s own property or to the property of any other person in connection with Client/s’ activities at Ever After, LLC, including without limitation, injuries or property damage caused by any equipment.

2.    To release Ever After, LLC and its directors, officers, employees, assistants or other persons otherwise attending either a portrait or ordering session from all claims and liability for any injuries Client/s may sustain or the damage that may be caused to Client/s’ property in connection with activities at Ever After, LLC (including without limitation, injuries or property damage caused by any equipment), even if Client/s’ injuries or the damage to Client/s’ property is caused, in whole or part, by negligence or fault of Ever After, LLC, its directors, officers, employees, or assistants.

3.    To submit any dispute that may arise between Client/s and the Ever After, LLC and/or its directors, officers, employees, or assistants in connection with Client/s’ activities at Ever After, LLC to binding arbitration before three arbitrators in accordance with the rules of the American Arbitration Association.

4.    That if Client/s or portrait session attendees submit any dispute against Ever After, LLC and/or its directors, officers, employees, or assistants relating in any way to activities at Ever After, LLC to binding arbitration, and the arbitration panel resolves the dispute against Client/s, or if the award in such dispute is less than the amount which  Ever After, LLC and/or its directors, officers, employees, or assistants relating to  activities at Ever After, LLC, and a court or other tribunal resolves the action against Client/s, or if Client/s should receive judgment in such legal action which is less than the amount which Ever After, LLC had previously offered in settlement of Client/s’ claim, Client/s will reimburse Ever After, LLC and/or its directors, officers, employees or assistants for all costs and expenses (including legal fees) that they may incur.

CONSENT OF PARENT OR GUARDIAN
(Required for persons under 18 years of age)

In consideration of Ever After, LLC granting my son/daughter permission to use the Ever After, LLC facilities, Client/s agree/s on behalf of both self, family, and/or son or daughter, to all of the Terms and Conditions set forth above.
Client/s acknowledges that he/she is the parent/guardian of any 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)
Information we ask for is designed to help us style your session and, as such, such info is required for us to do our best work — Joriana and I feel you are worth nothing less than our best!
We photograph a limited number of sessions each month and are typically booked two to three months out, so we only photograph sessions where we first discuss what you want to do with the images.

Limited Edition Sessions (What it means)
A Limited Edition Session up to but not to exceed 30 minutes of photographer’s time is included with your coverage.  If a product credit is included, it may be used.  For all Limited Edition Sessions, a package must first be purchased before any other products can be purchased. Sorry, but we do not shoot pets unless specified in the offering.
The session starts at the agreed upon time.  Late arrival or delays in shooting on the Client’s part deducts time from the session, so punctuality is important.  If the Client is more than 15 minutes tardy, the session is forfeit and this part of the agreement will be considered fulfilled.
Absolutely no spectators.   We reserve the right to reschedule in the event spectators arrive.

Scheduling (I’ll show up on time!)
We agree that Ever After, LLC won’t use the time you paid for to photograph someone else who arrived late.  You agree to arrive on time.  Arrival more than 15 minutes late means you will lose your scheduled time, and your Reservation Fee will be used to compensate the photographer for her time, and any Product Credit will be forfeited.

Typically, we will speak with you to schedule your Portrait Session and your Ordering Session, although a link to an online calendar may be sent so the client can choose their scheduled time.

Limited Edition Sessions are limited to the date specified in the offering, and session must be held that date due to the custom nature of the set.

Because these sessions are exclusive, Ordering Sessions dates have been set aside so that clients won’t be delayed in placing their order.  These dates will also be set to occur during a two-day period and they must be held on the specified dates.

Appointments are required – we do not accept walk-ins.

Session fees must be paid up front to secure your Portrait Session.  If you “no show,” to your Portrait Session, you will forfeit the session.  If you are a no show to your Portrait Session, you will have to pay another session fee to reschedule.

Unfortunately there are NO retakes if your child does not cooperate, so do make sure they have had a nap and are well fed before their session time arrives.

All sessions begin at the scheduled time — we respect the next client’s time so we are unable to accommodate late arrivals.

Please plan to arrive 30 minutes before your scheduled time to allow for clothing changes, checking hair, etc.

If you or your child is not feeling well (even the slightest bit under the weather), please reschedule to a future Limited Edition Session. We want to keep the studio as germ free as possible.

Please come prepared with a “clean” snack, especially for those who might appreciate a little positive reinforcement (aka bribery)! Look for snacks that don’t melt, aren’t sticky and won’t leave messy crumbs.

We ask that no more than two adults attend the session.

No cameras, including cell phone cameras, are allowed in the studio.

Your images are only available to view on our 65-inch screen for the highest quality. We don’t do online viewing.

The time set aside for the Ordering Session is the only time to place your order. All orders take 3 – 6 weeks to be delivered.

Picking up your orders will be set up by appointment only, or we can ship your order to your home.

Payment for products is due the day of your Ordering Session appointment. However, we have a no interest layaway payment plan option available.

Orders will not be delivered until the order is paid in full.

The Portrait Session may be rescheduled at the photographers discretion due to weather.  Due to a heavily booked calendar, we do not reschedule the session with less than 24 hours notice other than on the basis of weather.

If you RESCHEDULE or CANCEL your portrait session or FAIL TO ATTEND your session for any reason and at any time, we will suffer losses that are difficult to ascertain. For that reason, if you reschedule your appointment within 7 days of your session time, cancel it outright or fail to attend, you will forfeit your reservation fee. This fee is paid to us as liquidated damages and not as a penalty. You and I agree that the fee amounts stated below are reasonable. If you let me know you need to reschedule your session at least 7 days before your scheduled time, you may apply your reservation to your new session if:

  •     You schedule your new date within 24 hours of telling me you wish to reschedule, and
  •     Your new date falls within 90 days of your original date, and
  •     It is your first time rescheduling your session. You may only reschedule one time.

If you do not meet all of these conditions, you forfeit your reservation fee. Your reservation fee is not transferable.

To then reschedule, would require a rescheduling fee equal to the booking fee.

New Studio Policies and Current Pricing
If you reschedule your session, you will be held to the Studio Policies and Product and Pricing Guide that is current at the time of your rescheduling.

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 under this contract. In addition, 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 Sever-ability
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.

Policies
Policies regarding products, payment, etc. are found here and we encourage you to familiarize yourself with them.

PAYMENT TERMS AND SCHEDULE: 
The total price for the session time is $99 (US Dollars.) Payments shall be due at the following times:  AT BOOKING

If sales tax is not included as part of an online deal, then payment, signature to this contract and payment of Sales Tax is required before the session can be considered booked and then scheduled.

Payments made before The Event date shall be defined as “Retainer(s)” and are non-refundable upon cancellation of The Event, but may be re-applied subject to availability if The Event is rescheduled. Canceled Events must be rescheduled within 30 days of notice of cancellation in order to re-apply retainer(s). If The Event is cancelled.

Understanding (Everyone understands)
This agreement incorporates the entire understanding of the parties, and any modifications to it must be in writing and signed both by Ever After, LLC and by the Client/s.  This agreement is not valid until it is signed by the Client/s and an authorized representative of Ever After, LLC.

By agreeing to our Terms and Conditions, with or without payment, you, the Client/s, agree/s that you have read, understand, and agree to these terms and conditions and will abide by this Agreement.

If you cherish your family, value fine art portraits and want your moments captured forever...

 

 

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