This Portrait Agreement (“Agreement”) is entered into as of the DATE, by and between MINDI JO PHOTOGRAPHY, a SOUTH CAROLINA LLC with a primary address of PO BOX 2114, Bluffton, SC, 29910 (“Photographer”), and CLIENT NAME with a primary contact address of CLIENT ADDRESS (“Client”), each a “Party” and collectively the “Parties.”
For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows.
The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to MINDI JO PHOTOGRAPHY and all agents, employees, or other representatives.
The terms “you” and “your” refer to the Client and all agents, employees, or other representatives.
The term “including” means “including, but not limited to.”
The term “session”, “event”, and “photographic session” refers to a hired photographic session for the purposes of taking custom photographs for boudoir photography to be photographed on ___________ at _____ am/pm. The terms “Agreement” and “Contract” refer to this duly executed contractual obligation between Parties.
Booking and Payment
The Photographer's total fee for this session is $395 (“session price”), which includes a non-refundable payment of $100 (“initial nonrefundable payment”) that must be paid within 24 hours of signing to execute the Agreement. The listed date will not be reserved until this Agreement is fully executed. 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.
Payment for product orders, if desired, will be submitted to the Photographer within 7 days of gallery delivery, whether via online proofing service or in-person viewing.
Pre-Session Consultation & Requests
The Photographer and Client agree to a pre-session consultation via email, phone, or in person at least 7 days prior to the session. The consultation will work to finalize the schedule, location(s), and the Client's particular requests. All specific photographic requests will be received by Photographer at least 3 days prior to event.
The photographic session will occur at a private Aibnb location in Bluffton, SC, with address to be disclosed one week before the session.
The photography session will occur for up to ONE HOUR, including preparation and dressing. This time is exclusive of any initial hair and makeup styling.
The Client may have up to THREE outfits for the photographic session.
The Client will retain full responsibility for styling choices, including but not limited to wardrobe, makeup and hairstyle. Photographer discussion and comments will only be construed as professional recommendations for consideration and not be deemed final choice. The Client does/does not give Photographer permission to touch their person during the session. This includes, but is not limited to, adjustment of straps, clothing, and hair. All styling choices made by Client at the event are final and no additional photographic sessions will occur due to styling choices.
Completion Schedule for PRODUCTS, if desired
Completion schedules and delivery of products (if desired) will be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
· Prints will take THREE weeks from time of print order to be processed and delivered to the Client. · Albums will take FOUR weeks from date of final design approval by the Client to be received by the Photographer.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $100 will be applied to expedited product requests. The Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
The Photographer will store photographic materials for 30 DAYS from date of the event. At that date, all photographic materials may be destroyed.
Use of Independent Contractor
In the event a third-party Independent Contractor (i.e. a makeup or hair artist you bring) is hired for services and/or products for the photographic session, the Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor or for products provided by such 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 Discretion
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of the Photographer. The Client will only use the photographic prints, including digital files, in accordance with the 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 20+ photographs to select from and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to creative control in post-processing. Additional processing may be requested for $50 per file.
The Photographer retains the right to cancel the session and retain the initial nonrefundable payment amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray tan, tanning bed, etc.), tattoos, piercings, surgeries.
The Photographer will utilize the photographic materials in marketing in accordance with the incorporated Model Release. No photographic materials will be distributed publicly until the Client has had an opportunity to review. Any restrictions on publication will be governed by the Model Release.
Additional Product 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.
Additional digital images: $25 per image
Prints: 4x6 Prints: $5.85 each 5x7 Prints: $11.45 each 8x10 Prints: $19.00 each 11x14 Prints: $36.25
Boutique Print Packaging: $20
For purchase of additional images and products, Photographer will provide an online gallery.
ONLINE GALLERY: The Photographer will make gallery proofs available through an online gallery proofing website. These proofs will be available to the Client within TWO WEEKS of the photographic event. Upon delivery, the online proofing gallery will remain open for SEVEN days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $50 un-archival fee will apply.
All product and image purchases are final.
Photographer is not responsible for behavior of Parties involved with the shoot, with the exception of Photographer personnel. If the desired outcome of your session is jeopardized by the behaviors of Parties involved with the exception of Photographer 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.
The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund or reschedule available to Client.
The use of all recordings, including but not limited to video, phone, digital camera, or audio is strictly prohibited by any individuals at the session.
The session will be restricted to the client and one FEMALE guest/individual. No males will be permitted on the property during the session.
The use of alcohol is permitted on the Photographer’s premises. The Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images.
If the Client requests to amend or cancel this Contract SEVEN or more calendar days before the agreed upon photographic session date, the initial nonrefundable payment will be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels SEVEN or less calendar days before the agreed upon photographic event date, the initial non-refundable payment will be forfeited.
If the Client submits a written request to reschedule services at least SEVEN days prior to the event date, the initial nonrefundable payment may be applied to the new date within the next calendar year. However, the session will NOT be at the same location; it will be in the client’s home or another location determined (and paid for) by the client, should fees be required. In the event the reschedule request occurs less than SEVEN days before the original event date, the Client will be required to remit a new initial nonrefundable payment, as set forth in the Photographer’s Standard Price List at time of request. All reschedules are subject to Photographer’s discretion.
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 discretion.
Failure to Perform
If the Photographer is unable to perform this Contract 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 session. 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 contract. In no event will Photographer be liable for any amount exceeding the cost of the contract.
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. 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
This Contract incorporates the entire understanding of the Parties. Any modifications of this Contract 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 Contract.
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.
The Parties expressly consent to jurisdiction and venue of the federal and state courts of the State of South Carolinaand the Bluffon of Beaufort 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 South Carolina any action may be commenced, this Agreement will be deemed to have been made in such South Carolina and will be governed by and construed in accordance with the laws of such South Carolina
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.
Parties will provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent by email to the address listed below: