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BACK TO SCHOOL PORTRAIT AGREEMENT
This Portrait Agreement (“Agreement”) is entered into as of the date signed below, by and between Ari Summerfield
Photography LLC, (“Photographer”, “we”, “us”, “our”), (“Client”, “you”, “your”), each a “Party” and
collectively the “Parties.” For good and valuable consideration, which the Parties hereby acknowledge, the
Parties agree as follows.
Services & Products
The Photographer will provide a mini-session photographic event (“Mini-Session) for the purposes of
taking individual portraits for mini-session to be photographed on September 12, 2026 (with a rain date of September 19, 2026). These
services are limited to 2-3 minutes. Client understands this is a limited session and is not a full-length
portrait session. Products and services are limited to the specificity outlined in this Agreement. Due to the
nature of limited mini-session availability, all monies paid are non-refundable. The number of
photographed participants is limited to 1. Additional individuals will require an additionally booked time-
slot.
Products included within the nonrefundable payment are as follows: Four (4) high-resolution digital files
delivered via digital download win a shared gallery.
Booking, Payment, Reschedule & Cancellation
The Photographer's total fee for this session is $48 (“Price”), which includes a non-refundable payment of
$48 (“nonrefundable payment”) that must be paid upon signing to execute the Agreement. The requested
Mini-Session time 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. If the Client fails to show or cancels the Mini-Session, the non-
refundable payment will be forfeited.
Reschedule requests will be accommodated at Photographer’s discretion and availability. If a reschedule is
approved, the Photographer cannot guarantee a specific advertised theme to be available for the Services.
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 includ
ed within the session price are as follows:
Four (4) high resolution digital images
For viewing of images and products, Photographer will provide an online gallery. Client recognizes this
will be a shared gallery with all participants of the The Nesting Box Back to School Session.
Upon delivery, the online gallery will remain open for 30 days from delivery. If the Client requests to
extend the time or reopen the online gallery, a $50 un-archival fee will apply.
Late Arrivals & Weather Reschedules
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 at
Photographer’s discretion and availability, or the fee will be returned to the client. Due to liability and
equipment damages, this decision will be at Photographer’s discretion.
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.
Print License Agreement
This Agreement governs and grants the Client’s personal print rights as it relates to the images purchased
by Client from the photographic session on September 12, 2026.
The Client agrees and acknowledges that all images produced remain the exclusive property of the
Photographer and that the grant of this limited license
for personal use does not alter the ownership or control of said images.
The Photographer grants to the Client the following limited license of these images,
subject to the following
restrictions:
●Distribution of photographic images for personal purposes via electronic means.
Such electronic distribution includes email to personal contacts, distribution on
social networking sites, and publishing images on personal blogs.
●Reproduction of printed images for personal use of any size and quantity.
●Display of images in a personal residence or other non-commercial venue.
Any other use or reproduction of images is strictly prohibited. Such prohibited uses
include, but are not limited to:
●Commercial Electronic Distribution.
●Entrance into any contest or other venue with or without financial gain.
●Sale of prints or other materials.
●Display of images in any business related (retail or otherwise) or commercial venue.
●Alteration of images for display, including cropping and digital color
enhancement.
●Copying of digital files for distribution to others.
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. All orders must be placed within the outlined schedules
within this Agreement. 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 total of four (4) 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 $40 per file.
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.
After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any
fees previously paid or for 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 Kane 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 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.
