Joyful Grace Photography & Events
Portrait Contract

PORTRAIT AGREEMENT

 

This Portrait Agreement (“Agreement”) is entered into as of the date the client has checked the submission box, by and between JOYFUL GRACE PHOTOGRAPHY & EVENTS, an Illinois LLC (“Photographer”), and the person booking and paying for the session (“Client”), each a “Party” and collectively the “Parties.”

 

For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows. 

 

Definitions

The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to JOYFUL GRACE PHOTOGRAPHY & EVENTS and all agents, employees, or other representatives.

 

The terms “you” and “your” refer to CLIENT and all agents, employees, or other representatives.

 

The term “including” means “including, but not limited to.”

 

The term “session”, “event”, and “photography session” refers to a hired photographic session for the purposes of taking custom photographs for TYPE OF SESSION to be photographed on the agreed date and time. 

 

The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties.

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Booking and Payment

The Photographer's total fee for this session is displayed on Photographer's website/PDF form and booking process (“session price”), which includes a non-refundable retainer payment of 50% of the full amount (“initial nonrefundable payment”). The total session amount must be paid upon signing to execute the Agreement. The listed date will not be reserved until this Agreement is fully executed by checking the box and/or submitting payment as Client's digital signature. Upon payment, the Photographer will reserve the time and date agreed upon by both Parties. The Client agrees that this non-refundable payment is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. 

 

No products will be delivered until the entire amount is paid in full.  Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary.
 

Cancellation

If the Client requests to amend or cancel this Contract sixty (60) or more calendar days before the agreed upon photographic event date, the initial nonrefundable payment will not be returned to Client. If the Client fails to show or cancels sixty (60) or less calendar days before the agreed upon photographic event date, the initial non-refundable payment will be forfeited.

 

Rescheduling/Late Arrivals

If Client requests to reschedule a photographic session, Photographer may apply the initial non-refundable payment to one (1) rescheduled session if notice is given at least twenty-four (24) hours prior to the scheduled session, subject to the provisions of Paragraph 2. The rescheduled session must take place within two calendar months on a mutually agreed upon date, time, and location. Any further requests to reschedule after the initial reschedule has been agreed upon will result in the non-refundable payment being forfeited by Client. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client.  

 

In the event that the weather conditions are not desirable for the shoot based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer’s discretion. 

 

Location & Travel

The photographic session will occur at the approved location of Photographer, unless otherwise agreed upon. If Client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, and other expenditures directly required for fulfillment of this Agreement. The Client will pay $1.00 per mile outside a 30 mile radius of the 60510 zip code.

 

Styling

The Client shall retain full responsibility for styling choices, 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.
 

Use of Independent Contractor

In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the 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 Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Contractor. The Client will retain full responsibility for failing to provide feedback on any services, including hair and make-up, prior to the session. The 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 the Photographer. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Agreement. The Client will only use the photographic prints, including digital files, in accordance with a Print Release, which will be incorporated with this agreement.  

 

The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will receive a gallery of edited photographs and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $25.00 per file.

 

Products Included & Additional Purchases

The charges in this Contract 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.  

 

Products included within the session price are as follows:

 

• At least sixty (60) high-resolution digital files for a standard portrait session. Mini sessions are not a standard session.

 

ONLINE GALLERY: The Photographer will make Client gallery available through an online gallery website. These images will be available to the Client within four (4) weeks of the photographic event. Upon delivery, the online gallery will remain open for at least 90 days from delivery.  If the Client requests to extend the time or reopen the online proofing gallery, a $50.00 un-archival fee 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 your session is jeopardized by the behaviors of parties involved with the exception of Photographer’s personnel, Photographer cannot be held responsible. The 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 the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.

 

Failure to Perform

If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will have no further liability. Further, if the 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 the 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.

 

Substitute Photographer

The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The original terms of this agreement will remain in effect. 

 

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.

 

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.

 

The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Illinois and the County of Lake 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 any action may be commenced, this Agreement will be deemed to have been made in such state and will be governed by and construed in accordance with the laws of such state.

 

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.

 

Notice

Parties will provide effective notice (“Notice”) to each other via the email to the address listed below:

 

Photographer’s Email: Joyfulgracephoto@gmail.com

Client Email: To be submitted in booking form

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BY BOOKING YOUR SESSION WITH JOYFUL GRACE, YOU (CLIENT) ARE ACKNOWLEDGING YOUR UNDERSTANDING OF THIS CONTRACT, AND YOUR PAYMENT SERVES AS YOUR DIGITAL SIGNATURE OF THIS AGREEMENT.