This Photography Contract (this “Contract”) is between JoJo Photography, LLC (“Studio”) and the Client listed above on the date entered. The services to be provided under this Contract are as follows:
Location: The portrait session will occur at 49 S. Jefferson St. Brownsburg
Photographer: Jo Thomas || JoJo Photography
Non-Refundable Retainer upon Booking: Client will deliver a non-refundable retainer to Studio at the time of booking. Upon payment, Studio will reserve the time and date agreed upon by both parties. Client agrees that this retainer is earned by Studio when paid and is remitted in consideration of the inability of Studio to schedule other clients during the reserved time. All sales and payments before and after the photoshoot are final and non-refundable.
Credit card on file: Client understands and authorizes that credit card information will be saved to file and authorizes Studio to charge the credit card for all cancellation fees, reschedule fees and payment plan payments.
Rescheduling: In the event that Client requests to reschedule with at least 14 days notice, a $250 reschedule fee will be charged to the credit card number on file. A reschedule request less than 14 days before the portrait session and each additional rescheduling request will result in a $300 reschedule fee and will be charged to the credit card on file. Rescheduled appointments must be within 90 days of the original date. A new rescheduled date must be selected within 24 hours of the reschedule request or the session is considered a cancellation. If Client reschedules, this original contract will apply in full to the new session date. All sales and payments before and after the photoshoot are final and non-refundable.
Cancellation: If Client requests to cancel this Contract, the retainer will be forfeited. Your card on file will be charged $500 if you cancel your session.
Your card on file will be charged $1500 if you do not call/or show up for your session. If the Client has paid a discounted or promotional retainer fee, Client's credit card on file will be charged for difference between the discounted retainer fee and the full standard retainer amount ($750). If Client fails to show within 30 minutes of the session time, the session will be considered a cancellation and the retainer will be forfeited. Failure for the Client to confirm the photoshoot appointment via text, email or phone call is also considered a cancellation. All sales and payments before and after the photoshoot are final and non-refundable.
Late arrival: Any Client that is late arriving to the portrait session will have the amount of time late deducted from the time allotted for the portrait session. Client will not be compensated for the time deducted from the portrait session due to late arrival of Client. If Client fails to show within 30 minutes of the session time, the retainer will be forfeited. If the Client has paid a discounted or promotional retainer fee, Client's credit card on file will be charged for the full standard retainer amount ($750) plus charged the cancellation fee.
Attendees: Client attendees at the portrait session will be restricted to Client unless agreed in advance by Studio. Client affirms that Client and all attendees are 18 years of age or older. Any attendees must be approved by photographer as additional guests are not allowed.
Completion Schedule: Completion schedules and delivery of products will be determined from the date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on orders in addition to those outlined in this Contract. Digital images and galleries will be delivered within 30 days of the portrait session. Photographic print products will take 8 weeks from time of print order to be processed and delivered to Client. Client should place orders with sufficient time to allow for normal delays and notify Studio at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. A fee of $75 will be applied to expedited product requests. Studio will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
Wardrobe and Styling: Client will provide Client’s own wardrobe and retain full responsibility for all wardrobe choices, clothing items and accessories. Client will retain full responsibility for styling choices, including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps. Photographer discussion and comments will only be construed as professional recommendations for consideration and not be deemed final choice. All styling choices made by Client at the portrait session are final and no reshoots will be available due to styling choices. Digital removal of tattoos, tan lines, sunburns or tanning streaks in images is not included in the session fee and will be priced at $25 per image.
Use of Hair and Make-Artist as Independent Contractor: In the event Client elects to use a hair and make-up artist (the “Independent Contractor”) at the portrait session, Studio will not be liable for any application or services by the Independent Contractor. This includes, but is not limited to, styling choices, any damage or injury or allergies as a result of use of the products by the Independent Contractor. It is Client’s responsibility to convey all allergies and pertinent information to the Independent Contractor.
Use of Alcohol: Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images. Studio will not be held responsible for any damages or injury resulting for the use of alcohol in connection with the portrait session.
Non-compliance: Studio is not responsible for Client’s non-compliance with verbal instructions or suggestions from the photographer or anyone associated with Studio during the portrait session. Non-compliance by Client at the portrait session may result in a reduced number of images produced from the portrait session or termination of the portrait session.
Illegal activity: Studio will terminate the portrait session immediately if Client engages in any illegal activity and Client forfeits all retainer monies and rights to images from the portrait session.
Artistic Rights: Studio retains the right of discretion in selecting the photographic materials released to Client. Client agrees and understands that the quality of a photograph is entirely subjective. Studio is not held liable for the specific aesthetic preferences of Client. Client will receive a gallery of a minimum 10 photographs to select from and will not receive any photographic materials not presented to Client. Studio also retains the right to adjust the photographs in post-processing as Studio deems within Studio’s creative control and Client consents to the use by Studio of any third party post-processing services as Studio elects in Studio’s sole discretion. Additional processing may be requested for $50 per image.
Copyright and Reproductions: Studio will retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of Studio, including pursuant to Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
Privacy: Studio agrees not to post Client's images online or use in print marketing without permission from the Client.
Photographic Materials: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of Studio. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. All photographic materials should be handled with care and in accordance with Studio recommendations. Any damage or alterations to materials made outside of Studio recommendation as a result of improper handling, including but not limited to framing or hanging, is the sole responsibility of Client. Client is aware that color dyes in photography may fade or discolor over time due to the inherent quality of print photography and Client releases Studio from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Photographic Orderings: Studio will make digital galleries available through a third party online gallery proofing website. Client hereby consents to Studio’s use of such system, releases Studio from any liability in connection with the use of such third-party service and technology (including any data breach) and agrees to be responsible for the terms of use of such third party’s service. Client understands and agrees that gallery proofs are the exclusive property of Studio and Client has no right or license to store or use these proofs. Client will not copy, download, screenshot, or capture the proofs in any other fashion. If Client has purchased digital images, Client will download images from the gallery before the expiration date. If Client requests to extend the time or reopen the online proofing gallery, a $50 un-archival fee will apply. Any and all of Client’s print, album or bonus credits and session fees must be redeemed within 30 days of photo session date or the credit is forfeited.
Shipping: Client agrees to have print products shipped via a third-party shipping company (FedEx, UPS, etc) to the address provided with no signature required for delivery. Multiple items may arrive in separate shipments. Client may request to have print products shipped to the studio location and arrange an in-person pick-up. Studio is not responsible for and provides no refunds for print products that are not retrieved within 90 days. Changes to shipping address or to studio pick-up arrangements will incur a $25 fee.
Client Usage: Client will only use the photographic materials, including but not limited to delivered digital files, digital images, gallery-displayed images and printed materials in accordance with the permissions within this Contract. Client’s images and prints are for personal use only and will not be submitted to contests or reproduced for commercial use. If Client has purchased digital images and Studio provides a digital file print release, Client must act in accordance with the release. Otherwise, Client will not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of Studio.
Reproduction: Client agrees to purchase prints directly from Studio unless in possession of purchased digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. Should Studio become aware of reproduction without permission, Client will remit a usage fee of $300 per image, per usage to Studio. If digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties. Studio is not responsible for third-party printing inconsistencies that may alter the appearance of the photographs, such as discoloration or cropping.
Digital Images: Upon receipt of digital images and/or smartphone app, if purchased, Client accepts all responsibility for archiving and protecting the digital images. Studio will store photographic materials for 30 days from date of the portrait session. At that date, all photographic materials may be destroyed. Studio is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read images provided. It is Client's responsibility to make sure that digital files are copied and backed up to new media as required. Studio has no duty to retain copies or originals of images or photographs from the portrait session. Studio is not liable for loss of data or images due to technical failure. All sales and payments before and after the photoshoot are final and non-refundable.
Pricing. The charges in this Contract are based on Studio’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. Services or merchandise not included in this initial contract will be sold at the then current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers and gift certificates have no intrinsic cash value and may only be applied toward merchandise purchased from Studio.
Images are sold separately from the retainer fee. Minimum investment starts at $1850.
Prices do not include sales tax. All sales and payments before and after the photoshoot are final and non-refundable. All sales are final and non-refundable. Purchases cannot be changed, downgraded or reduced.
Payment Options. Studio offers two payment options for photo collections:
1. Client must start a payment plan/pay in full if choosing to do so within 30 days of signed contract. Client must make final payment for the photo package in full 30 days prior to session with cash or credit/debit card. Studio accepts all major credit and debit cards Client may upgrade at time of reveal.
2. Client may apply for financing via PayPal credit. An active debit card number is required and a soft credit check will be made on Client's name. Payments through PayPal credit is considered payment in full for photo products. All sales and payments before and after the photoshoot are final and non-refundable.
Payment Schedule. Full payment from the client for photo packages are due at the time of the portrait session. Due to the custom nature of photography products, refunds are not offered for any digital or printed products. Images that are not purchased will be deleted. Additional viewing / ordering sessions will be billed at $200/ hour. All sales are final and purchases cannot be changed, downgraded or reduced. Payment for product orders will be submitted to Studio before delivery. Prices do not include sales tax. All sales and payments before and after the photoshoot are final and non-refundable.
Indemnification. Client will indemnify, defend and hold harmless Studio and its owners, employees, contractors, representatives, agents, successors and assigns (collectively, the “Studio Parties”) from and against all losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) Client’s breach of this Contract, (b) Studio’s services under this Contract, (c) any injury to Client and Client’s property during the course of the portrait session and the immediately surrounding events and (d) any technological failure, including data loss or breach.
Failure to Perform and Limitation of Liability. If Studio is unable to perform this Contract due to illness, emergency, fire, casualty, transportation problems, strike, act of God or causes beyond the control of Studio, Studio and Client will use reasonable efforts to reschedule the session. If a reschedule is unable to be agreed upon, Studio will return the retainer to Client and will have no further liability. Further, if Studio 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 Studio, liability will be limited. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. The sole remedy for any actions or claims against any of the Studio Parties will be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Contract during the time preceding the date on which such liability arises. Additionally, if there is a data breach of any kind, Client’s remedy will be no more than the initial cost of the portrait session. EXCEPT FOR ANY GROSS NEGLIGENCE AND WILLFUL MISCONDUCT IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL ANY OF THE STUDIO PARTIES BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, STATUTORY, OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM AND EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. If any term, condition, or provision in this Contract is found to be invalid, unlawful, or unenforceable to any extent, the parties will endeavor in good faith to agree to amendments that will preserve, as far as possible, the intentions expressed in this Contract. If the parties fail to agree on an amendment, the invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions of this Contract, which will continue to be valid and enforceable to the fullest extent permitted by law. Any failure to enforce a provision of this Contract shall not constitute a waiver of any other portion or provision of this Contract.
This Contract will be governed by the laws of the State of IN 46112, without reference to choice of laws. The parties hereby expressly consent to the exclusive personal jurisdiction of the state and federal courts located in Hendricks County, Indiana for any lawsuit arising from or relating to this Contract. EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS CONTRACT OR THE SUBJECT MATTER HEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS CONTRACT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, 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.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any party. Headings are used in this Contract for reference only and will not be considered when interpreting this Contract.
This Contract may be executed in counterparts, each of which will be deemed to be an original and together will constitute one and the same agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
COVID-19 Release of Liability. Due to the outbreak of the novel Coronavirus (COVID-19), an extremely contagious virus that is believed to spread from person-to-person contact, federal, state, and local governments are recommending social distancing and preventative measures. Studio is taking extra precautions with the care of every client and enhanced sanitation/disinfection procedures in accordance with federal and state health safety guidance. For more guidance and on how to protect against COVID-19 and related risks, please visit: https://www.cdc.gov. Studio is following enhanced procedures to prevent the spread of COVID-19; however, Studio cannot guarantee that Client will not become infected with COVID-19. Further, attending a photo shoot could increase Client’s risk of contracting COVID-19.
Client agrees that Client is responsible for Client’s own personal safety with respect to any exposure to COVID-19 as a result of participating in the photo shoot. Client understands the contagious nature of COVID-19 and voluntarily assumes the risk that Client may be exposed to or be infected by COVID-19 and accepts sole responsibility for any injury (including, but not limited to personal injury, disability, and death), illness damage, loss, claim, liability, or expense of any kind that Client may experience in connection with Client’s photo session (“Claims”). Client hereby releases, covenants not to sue, discharge, and hold harmless each of the Studio Parties, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Client understand and agrees that this release includes any Claims based on the actions, omissions, or negligence of any of the Studio Parties, whether a COVID-19 infection occurs before, during, or after participation in the photo session.
Client affirms that Client, as well as all household members, do not currently have, nor have experienced Covid-19 symptoms (fever, cough, shortness of breath, new loss of taste or smell, muscle pain, sore throat, shaking & chills) WITHIN THE LAST 14 DAYS. Client affirms that Client, as well as all household members, have not been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS. Client affirms that Client, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 14 DAYS. Client understands that Studio cannot be held liable for any exposure to the COVID-19 virus including exposure caused by misinformation on this form or certifications provided by any client.
The parties have executed this Contract as of the date first written above.
By signing below, Client agrees to the terms and conditions of this contract and explicitly acknowledges: