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 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 Sports Photography Class. The class will be held in-person at a sporting event either of the Client’s or Photographer’s choosing.
Length: Duration of warm-ups and sporting event.
Booking and Payment. Photographer’s total fee for Services is $150 (“Services Price”), which includes a non-refundable payment of $150 (“Initial Nonrefundable Payment”) that must be paid within 48 hours of receiving the invoice. Client agrees that 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.
Location: The location will be within the DMV but no farther than 40 miles from Ashburn, Virginia. Locations farther than 40 miles will incur a fee of $0.75 a mile.
Entry Fee for Sporting Event: The fee will be covered by the Photographer and is included in the class price.
Location Access, Permits, and Media Passes.If a media pass is required, the Photographer will arrange for the access. Please note Client may be required to wear a badge during the class. If Photographer is attending a sporting event for the benefit of the Client, the Client will make sure the Photographer is allowed at the event and has media access.
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. 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 the class which may include sitting, kneeling, bending over, walking, and other physical activities related to sports photography. If either Party has physical limitations, Client must provide written notice to the Photographer at least 5 days within execution of this Agreement.
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 or Client’s equipment. 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.
Client Preparation. Client assumes all responsibility for ensuring their preparedness during Lesson, including but not limited to bringing appropriate shoes, outerwear, food, and water. Additionally, Client should be prepared to bring extra batteries, lens hood, and rain cover for the camera.
Cancellation. Cancelling a session within 24 hours will incur an additional fee of $75 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.
Class session at Client’s Sporting Event: If the lesson is planned at an event hosted by the client, for example, they are the coach, their child is on the team, etc., the Photographer agrees to supply 20 finished images to the team. The Client may choose to supply images or not.
Class session at Photographer’s Sporting Event: For lessons hosted by the Photographer, the Client may not post images to Social Media without a model release signed by the athlete’s or guardians of the athlete’s unless prior agreement is reached through the team and Photographer.
Use of Independent Contractor. In the event a third-party Independent Contractor (assistant) is hired for services and/or products for Lesson, 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. The client acknowledges that the Independent Contractor may take behind the scenes videos/photos for use on the Photographer’s website or social media. By signing the contract, the Client agrees their image and likeness to be used for advertising purposes. .
Photographic Materials & Artistic Rights. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews taken by the Photographer at the Lesson, will be the exclusive property of Photographer. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews taken by the Client at the Lesson, will be the exclusive property of Client. The final images taken by the Client cannot be used for personal commercial or advertising uses.
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. This includes parents, athletes, or officials present at the sporting event.
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.