This agreement is between the Client and Julianne Green; DBA Julianne Green Photography as it pertains to a client's session on {{primary_session.start_date}} at {{primary_session.start_time}}. 

1. Retainer and Payment.  Sessions under the value of $500 are to be paid in full.  A retainer of 50% is due at the time the contract is executed for all other sessions (except weddings which is 1/3 at time of booking with a payment schedule).  The Client shall pay the balance in full 7 days before the session date.   Payment can be made via an automated email which will be sent 10 days before the session date.   The purpose of the retainer is to hold the date of the session as well as pay for any loses The Photographer might incur should a cancelation or no show arise.  Cancelation can create a loss of income due to the inability to fill the session, in addition to work turned away while that session is being held for the client.  Retainers are applied to the value of the shoot if it is completed on the date of the contact, otherwise it is considered payment for wages lost by holding the time and date for The Client.

2. Rescheduling/ Late Arrivals. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.

3. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.  Photographer retains the right to edit images based on photographers artistic style.

4. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer will release the fully edited, high resolution final images to the client with no more than 5 weeks of the event.

5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, all social media outlets and/or studio. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

6. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer.

7. Social Media. The Client may share photos on social media, but may not alter the image from the photographer edit.  Furthermore, Photographer reserves the right to use images on all social media outlets.

8. 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 Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to the cost of the session.  Cancelations are otherwise not permitted

9. Travel and Overage Fees. The Client shall pay .50 per mile for travel 25 or more miles outside the Zipcode of 60516.

10. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

11. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.  The Photographer shall not be held responsible for the actions of the photographed subject, if subjects behavior results is such that The Photographer can't perform his or her duties the session fee is forfeited.  In the case of weddings, if a situation becomes out of hand of unruly and photographer is unable to deescalate situation within their own means, the fee is forfeited.  

12. 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 shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of IL.

13. Attorney’s Fees. 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 shall 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.

15. Additional Editing. Should The Client find the need for additional editing above that, that is considered a normal and customary edit for the type of session an additional fee of $15 per photograph may be applied. 

16. Printing. No actual prints are provided by The Photographer.   Furthermore, The Photographer is not liable for printing related issues, including but not limited to, printer color related issues, printshop crop factor, poor quality prints, etc.

17. Wedding and Event Photography.  Hours outside of your designated package are at an additional cost, for example, if you have booked 8 hours of coverage but want to add an additional hour on the day of, an invoice will be sent after the event date to compensate for the additional time for photographer and second shooter as it applies.  No other photographer can shoot the wedding; in an effort to provide you with the best images and reduce the clutter, only photographers booked with my service should be present, furthermore The Photographer can not be held responsible for guests and their iPhones.  Hot meals and water breaks must be provided to any photographer hired under this contract.  

18. Model Release. I hereby assign full copyright of these photographs to the above-mentioned photographer (and the related representatives and assigns) together with the right of reproduction either wholly or in part.

19. Covid-19.  I am taking all necessary precautions to abide by the state and health department recommendations as it applies to distancing and sanitation. I require that my clients do the same.  If for some unforeseen reason social distancing requirements aren't being followed I retain the right to end the session with no reimbursement to the client.  I am not liable for any illnesses or issues that occur due to the Covid-19 virus.  Furthermore I am not responsible for individuals who may be at a shooting location.   

I grant to the Photographer or licensees or assignees the permission to can the above-mentioned photographs either separately or together, either wholly or in part, the perpetual and  irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product advertising and such other fashion /business purpose in any manner and medium.

The Photographer and licensees or assignees may have unrestricted use of these for whatever purpose, including advertising, with any retouching or alteration without restriction.

I agree that the above mentioned photographs and any reproductions shall be deemed to represent an imaginary person, and further agree that the Photographer or any person authorized by or acting on his or her behalf may use the above mentioned photographs or any reproductions of them for any advertising purposes or for the purpose of illustrating any wording, and agree that no such wording shall be considered to be attributed to me personally unless my name is used.

Provided my name is not mentioned in connection with any other statement or wording which may be attributed to me personally, I undertake not to Prosecute or to institute proceedings, claims or demands against either the Photographer or his or her agents in respect of any usage of the above mentioned photographs. I hereby release the photographer named above from all claims and liability relating to images, video or photographs taken of me.