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. By paying our fee and signing this Agreement, you agree to these terms and conditions.
Ever After, LLC's studios are at 46506 Oak Lane, Sterling, Virginia, 20165, 571-434-0009
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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 photos, proofs and portraits 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.
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. Client will not make copies for sale or for the purpose of circumventing the sale of portraits or images. The client/s will not copy or reproduce the portraits/images in any way without Ever After, LLC's express written permission.
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. You agree these images can be used without any additional compensation to the undersigned.
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. You agree that this release shall be binding upon you and your heirs, legal representatives, and assigns.
All images are copyrighted by Ever After, LLC. which means it is illegal to take screenshots, video record, 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. As such, you understand there are no cameras, video recording devices or cell phones allowed during the portrait session and ordering session.
Artistry (Make me even more beautiful!)
We will be selectively proofing (by email) your wall art before it is printed. This process can occasionally add time to your due date, and is likely to do so if your response times are delayed. To maintain consistency and quality, your order can only move forward once proofing is fully approved. Proofing exclusively provides an opportunity to address specific retouching issues regarding your selected portraits (within the normal bounds of our artistry). We are not responsible for emails or other communication that do not reach you. Proofing does not provide you with the opportunity to change or cancel your order. Additional changes beyond two rounds of proofing will incur a $99 charge per proofing change.
Basic artistry includes blemishes, circles and bags under the eyes, reduction/elimination of small lines and wrinkles, teeth whitening, reducing red eyes and skin, skin softening,
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, correction of hair/makeup, environmental effects, clothing, reflections in glasses, opening closed eyes, removal of fixtures, etc. Premier Retouching or extensive touch-ups may 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)
Ever After, LLC reserves the right to charge additional fees in the event anything is redesigned or retouched more than two times. Albums are generally designed with no less than, on average, 2 images per page, or 4 images per two pages. Some pages may have more; some may have less. 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.
While Ever After does capture many portraits during your session, not all portraits will be made available for ordering. Select portraits will receive basic edits for presentation. Any additional artistry will be done on purchased portraits only. Purchased portraits will be stored in our digital library for emergency replacements.
Portraits will be presented in person at an adults-only Ordering Session where all decisionmakers must be present - both parents are required to be present throughout the ordering session. Please understand, if just one parent arrives, we will greet you, give you a hug and send you on your way. Ordering sessions are only held when both parents are present.
Any portraits that you, family members, or friends want must be ordered in person at an Ordering Session. All orders are placed during this time - they are considered a final order and are non-refundable. Additional ordering appointments will incur an additional fee. 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. All unordered proofs will be deleted after the Ordering Session even if no order is placed and unavailable for future purchase. If you are photographed at your portrait session, but fail to attend or reschedule your ordering session, we will assume your priorities have changed and you no longer wish to place an order, so your holding fee will be forfeited and your portraits will be deleted as we do not keep unordered photos. Credits or Reservation fees not used during the Ordering Session will not be refunded for cash or future credit.
Portraits are edited at Ever After, LLC's discretion, and the proofs shown may not include all portraits photographed. 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 orders will be delivered upon receipt of payment in full and take 4-6 weeks minimum for delivery from time of final payment. Rembrandt/Masterpiece products take longer due to their custom, handcrafted nature. Estimates for delivery are truly just estimates.
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 processing. There is a $35.00 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)
For Regular Portrait Sessions, all products are available for purchase.
If Digital Files OR Slideshows are part of order, they will not be delivered separately, but will be delivered at the same time as all other products.
Social media files are watermarked and not suitable for printing. Portrait digital files are printable up to an 8x10.
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 will forfeit your session/holding fee if you RESCHEDULE OR CANCEL with less than 14 days' notice before the scheduled portrait session. Holding fees on appointments rescheduled with more than 14 days' notice are applied to the new appointment and will be refunded at your ordering session or applied to your order. The holding fee is not refundable for permanently cancelled appointments. Portrait Orders are Final and cannot be refunded, cancelled or changed. 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.
You may make your payment online or mail payment to the address below:
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 (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 not hold the photographer, the property owner, or the business owner 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 viewing or purchasing 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)
We have made a conscious decision in our business to only do our very best work for clients. Because that is our goal, we require certain information from clients so that we can tailor each session. 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 portraits. Information we ask for is designed to help us style your shoot and, as such, the info is required for us to do our best work -- we feel you are worth nothing less than our best! Calls and sessions may be recorded for quality and training purposes. Paying our fee and scheduling dates with us indicates that you understand and will follow the process we outline and respond to requests in a timely manner. Not all sessions require snapshots. But if a client schedules a date, and in good faith we reserve it, not allowing other clients to have it, and if snapshots are requested and the client fails to send snapshots of walls within the 9 days of allotted time before the design session, or fails to schedule a 10 minute "mom" or "dad" call as requested, we reserve the right to remove their portrait session date from the calendar and their holding fee will be forfeited. We reserve the right to decline to photograph a portrait session without a Discovery Phone Call and then a Design Session and parent calls.
When we reach out to clients with requests, we typically allow a reasonable time for a response. When no response is received, we can only assume that the client has changed their mind and no longer wants to move forward with the session, so know that if clients are non-responsive to requests for longer than 10 days, we reserve the right to remove their portrait and ordering dates from the calendar. Ever After reserves the right to revoke a prize and refund a holding fee in full prior to a session for any reason.
Scheduling (I’ll show up on time!)
We agree that Ever After, LLC is committed to your portrait time and won’t use the time you paid for to photograph someone else who arrived late.
A holding fee is collected to hold your portrait and ordering session time slot and will be applied toward your purchase at your ordering session. You and I agree that the session/holding fee is reasonable.
You agree to arrive on time. Arrival more than 15 minutes late means you will lose your scheduled time, and your session/holding fee will be used to compensate the photographer for her time, and any Product Credit will be forfeited. If Hair and Makeup services have been scheduled and you arrive late, you may have to choose between having your hair done OR your makeup done or the services could possibly be forfeited all together. There will be no refund or credit if you arrive late and your hair and makeup cannot be completed. If hair and makeup is included in your session fee, your makeup and hair appointment is considered part of your portrait session and as such, all scheduling and cancellation policies apply to your makeup and hair appointment as well. If shooting on location incurs additional fees, we will pass those on to you, the Client.
We will speak with you and schedule your Portrait and Ordering Sessions. Because we have a wedding division, typically, we do not photograph sessions on weekends. If exceptions are made, additional fees will apply. Holding or Session Fees for weekend and holiday dates and times are non-refundable, and rescheduling won't be possible.
Outdoor Portrait Sessions may be rescheduled due to weather or moved inside to our indoor studio at the photographer's discretion.
If you RESCHEDULE or CANCEL or FAIL TO ATTEND your Portrait or Ordering session for any reason and at any time, we will suffer losses that are difficult to ascertain.
We block out our studio and staff for YOUR portrait and ordering session so that our studio is set aside just for you and your family.
For that reason, you will forfeit your session/holding fee if you RESCHEDULE OR CANCEL with less than 14 days' notice before the scheduled portrait or ordering session time.
Holding fees on appointments rescheduled with more than 14 days' notice are applied to the new appointment and will be refunded at your ordering session or applied to your order. The holding fee is not refundable for permanently cancelled appointments. In addition, if you FAIL TO ATTEND the portrait or ordering session you will forfeit your session/holding fee. If wall snapshots are requested from you but not received, and/or if a Design Session is scheduled with you, but not held, the portrait session cannot go forward and you will forfeit your session/holding fee. This fee is paid to us as liquidated damages and not as a penalty.
COVID-19 (I will keep myself and others safe)
Due to the current global outbreak of Covid-19 (also known as the Corona Virus, Coronavirus, Novel Corona Virus, SARS-CoV-2), the Photographer withholds 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.
The 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 (including but not limited to: the Client, the Client’s child or anyone else) 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 about Ever After, LLC or the business that referred me to Ever After, LLC. If I choose to give a testimonial in any form - in writing, with audio only or with video, I agreed that it may be used in connection with publicizing and promoting whoever I speak about. I authorize Ever After, LLC and/or the business that referred me to Ever After, LLC to use my name, brief biographical information, and the testimonial I give and I also irrevocably authorize that Ever After, LLC may copy, exhibit, publish or distribute the testimonial for purposes of publicizing or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites or in any other distribution media. I agree that I will make no monetary or other claim for the use of the statement. In addition, 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 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. Clients' signature below shows that all parties have agreed to conduct transactions by electronic means, that any signature to any agreement, order, form, document or correspondence may be signed electronically and evidenced by electronic signatures. An exchange of e-mails, text messages or other electronic correspondence may be a sufficient course of conduct to establish an agreement.
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.
Terms and Conditions;
Terms and Conditions are online on our website and we encourage you to familiarize yourself with them.
Agreement (That's what this is)
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 signing this Agreement, 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 and that you have legal authority to grant these permissions and accept all responsibility for such.
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