
This Portrait Agreement (“Agreement”) is entered into by and between Infinity Imagery NW, an Idaho LLC with a primary address of 602 E Garden Ave #5 Coeur d’Alene, Id. 83814 (“Photographer”), and (“Client”), each a “Party” and collectively the “Parties.” For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows.
1.1 The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to Infinity Imagery NW 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 agreed date as stated above. The terms “Agreement” and “Contract” refer to this duly executed contractual obligation between Parties.
2 Booking and Session Retainer :
2.1. Session Retainer
The Photographer's session retainer has been agreed upon by both parties(“session retainer”). The session retainer is a non-refundable payment required to reserve the Client's scheduled date and time.
The session retainer is separate from any required product investment and from any products or digital images purchased by the Client.
The listed date will not be reserved until this Agreement is fully executed and the required session retainer has been paid.
The Client acknowledges that the session retainer is earned by the Photographer when paid and is remitted in consideration of the Photographer's experience, reputation, skill, and the inability to schedule other clients during the reserved time.
The session retainer is non-refundable and is not transferable, except where otherwise required by applicable law or expressly provided for in this Agreement.
5.1. Completion schedules and delivery of products 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, Canvases, and Metal will take 3-4 weeks from time of print order to be processed and delivered to the Client.
Albums will take 3-4 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 turnaround. Client will be responsible for any expedited fee at their product request. The Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
5.2. Product Pickup
Once the Photographer receives the Client's products, the Photographer will notify the Client that the order is ready for pickup or delivery, as applicable.
Client agrees to arrange pickup within 30 calendar days of receiving notification that the products are ready unless another arrangement has been agreed upon in writing.
Products will not be released until the Client's account has been paid in full.
5.3. Storage of Completed Products
Products remaining at the Photographer's studio more than 30 calendar days after notification of completion may be subject to a $25 monthly storage fee, unless otherwise agreed upon in writing.
The Photographer will make reasonable efforts to contact the Client regarding outstanding products and balances.
5.4. Abandoned Orders
If products remain unpaid and/or unclaimed for 90 calendar days after the Client has been notified that the products are ready, and the Client has failed to make reasonable arrangements with the Photographer, the order may be considered abandoned.
Upon abandonment, and to the extent permitted by applicable law, the Photographer may dispose of, destroy, or otherwise determine the disposition of physical products.
Any payments previously made toward an abandoned product order are non-refundable, except where otherwise required by applicable law.
Abandonment of physical products does not automatically extinguish any remaining financial obligation owed by the Client.
The Photographer reserves the rights to pursue collection of unpaid balances under this Agreement.
7.1. The Photographer reserves the right to cancel or reschedule the session if the Client has undergone a recent body alteration or cosmetic procedure that, in the Photographer's reasonable professional judgment, materially affects the Client's ability to safely participate in the session or materially affects the Photographer's ability to photograph, edit, or deliver the intended photographic results.
For purposes of this Agreement, body alterations and cosmetic procedures may include, but are not limited to, spray tanning, self-tanning products, tanning beds, significant sun exposure resulting in sunburn or skin irritation, tattoos, piercings, cosmetic injections, fillers, waxing or other hair-removal procedures that cause significant skin irritation, cosmetic procedures, and surgical procedures.
The Client agrees to notify the Photographer as soon as reasonably possible if they undergo any such alteration or procedure within fourteen (14) calendar days before the scheduled session.
The Photographer may require the session to be rescheduled if the Client has visible bruising, swelling, redness, irritation, peeling, open or healing skin, or other conditions resulting from a recent alteration or procedure that, in the Photographer's reasonable professional judgment, may affect the safety of the Client, the quality of the photographic results, or the Photographer's ability to perform the Services as intended.
If the Photographer determines that rescheduling is necessary under this Section, the Client will be subject to the rescheduling provisions of Section 13 of this Agreement.
The Client understands that the Photographer cannot guarantee specific photographic results where recent tanning, sun exposure, tattoos, piercings, cosmetic procedures, surgical procedures, skin irritation, or other body alterations materially affect the Client's appearance or the condition of the skin at the time of the session.
8.1. Products and Minimum Product Investment
The charges for products and digital images are based on the Photographer's Standard Price List. The price list may be adjusted periodically, and future orders will be charged at the prices in effect at the time the order is placed.
The session retainer covers only the Photographer's photographing time, applicable travel, post processing, and proof preparation. No products or digital images are included in the session retainer.
The Client agrees to a minimum product investment of $699 ("Minimum Product Investment"), which must be satisfied by the Client no later than the scheduled photographic session date.
Within fourteen (14) calendar days of paying the session retainer, the Client must either:
Pay the $699 Minimum Product Investment in full; or
Enter into an optional Pre-Session Payment Plan for the $699 Minimum Product Investment or an amount greater than $699.
If the Client elects to use a Pre-Session Payment Plan, the payment plan must be established within fourteen (14) calendar-day period following payment of the session retainer. All payments under the Pre-Session Payment Plan must be completed in full no later than the Client's scheduled photographic session date.
The Pre-Session Payment Plan is optional. Clients who do not wish to use a payment plan may satisfy the $699 Minimum Product Investment by paying the amount in full within the fourteen (14) calendar-day period following payment of the session retainer.
A Client who chooses to prepay an amount greater than $699 may do so through paying in full or the Pre-Session PAyment Plan. The Client is not required to prepay their entire anticipated product purchase before the session.
Any products and/or digital images selected during the Image Reveal & Ordering Appointment that exceed the amount already paid toward the Client's product purchase will be subject to the Photographer's payment terms and must be paid in full before products or digital images are released.
The Minimum Product Investment is a required minimum purchase commitment and is separate from the session retainer.
Failure to either pay the $699 Minimum Product Investment in full or establish an approved Pre-Session Payment Plan within fourteen (14) calendar days of the session retainer constitutes a failure to satisfy the Client's payment obligations under this Agreement. The Photographer may provide written notice and a reasonable opportunity to cure the missed requirement and, if the Client fails to do so, may cancel the reservation in accordance with the terms of this Agreement.
All payments toward the Minimum Product Investment is non-refundable and non-transferable except where otherwise required by applicable law.
If the required Minimum Product Investment has not been paid by the scheduled session date, and no alternative payment arrangement has been agreed upon in writing, the Photographer reserves the right to decline to perform the photographic session until the required payment has been received.
If the Photographer elects to proceed with the session despite an unpaid Minimum Product Investment, such action does not waive the Client's obligation to pay the Minimum Product Investment or any other amount due under this Agreement.
8.2. Ordering Appointment and Finality of Orders
For purchase of images and products, Photographer will schedule an Ordering Appointment.
The Photographer will make gallery proofs available through an agreed-upon product consultation.
All product and image selections must be made during the Ordering Appointment unless otherwise agreed upon in writing.
All product and image purchases are final once approved by the Client and submitted for production.
Due to the custom nature of the products, cancellations, returns, exchanges, or refunds are not permitted except where required by applicable law.
All payments made toward product orders are non-refundable, including payments made through a payment plan.
8.3. Product Payment
The Client is financially responsible for all products and digital images selected and approved during the Ordering Appointment.
Unless otherwise agreed upon in writing, the remaining balance for product orders is due within 14 calendar days of the Ordering Appointment.
All product balances must be paid in full before any product or digital image is released to the Client.
No products, digital images, or other purchased materials will be delivered, released, or made available for pickup until the Client's account has been paid in full.
The Photographer is not obligated to release partial portions of an order while an outstanding balance remains.
8.4. Product Payment Plans
Any payment plan agreed upon by the Photographer and Client will be documented in writing and incorporated into this Agreement as Attachment A.
The Client agrees to make all scheduled payments according to the payment plan.
All payments made under a product payment plan are non-refundable.
This includes payments made toward the Minimum Product Investment and payments made toward any product or digital image order.
If a scheduled payment fails, is declined, or otherwise cannot be processed, the Client is responsible for promptly providing a valid alternative payment method.
Failure to correct a failed payment within a reasonable period may result in cancellation of the payment plan and the remaining balance becoming immediately due.
Cancellation, termination, or failure of a payment plan does not create a right to a refund of payments previously made.
The Photographer reserves the right to suspend product delivery, product pickup, additional services, or other work until the Client's account is current.
8.5. Late and Past-Due Product Accounts
Any product balance that remains unpaid after its agreed-upon due date is considered past due.
A $25 late payment fee may be applied to any payment that is not received by its scheduled due date.
The Photographer may suspend product delivery, product pickup, additional services, or other work until the Client's account is current.
If an account remains unpaid after written notice, the Photographer may pursue any remedies available under this Agreement and applicable law, including collection efforts or legal action.
Client assumes responsibility for reasonable collection costs, court costs, and attorney's fees incurred by the Photographer in enforcing or collecting amounts owed under this Agreement, to the extent permitted by applicable law.
8.6. Digital Images
Digital images are considered a product purchase and are subject to the same payment requirements as physical products.
Digital images will not be released until the full balance for the order has been received.
All payments made toward digital image purchases are non-refundable.
10.1 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 individual. The use of alcohol IS NOT 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 alcohol is consumed during the course of the session, the Photographer may terminate the session immediately and retain all monies paid.
11.1 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 Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The original terms of this Agreement will remain in effect.
12.1 If the client cancels the session within 7 calendar days of the scheduled session date and/or no-shows the day of the session date, a $250 cancellation/no-show fee will be charged in addition to the forfeiture of the non-refundable retainer.
This fee is not transferable and will not be applied to future services or products.
Cancellation/no-show of a session does not create a right to a refund of any payments previously made toward the session, Minimum Product Investment, payment plan, or product order.
Cancellation of a future photographic session does not create or eliminate any outstanding balance owed for previously purchased products or services.
All outstanding product balances remain the responsibility of the Client regardless of cancellation of a future session.
13.1 Each Client is permitted one (1) complimentary reschedule of their photographic session, provided the request is made 15 or more calendar days before the originally scheduled session date.
The non-refundable session retainer will be transferred to the new session date. The new date must be scheduled within one calendar year of the original date and is subject to the Photographer's availability.
Any additional reschedule requests, regardless of when they are made, may be subject to a $250 rescheduling fee. The $250 rescheduling fee must be paid at the time the additional reschedule is requested and, unless otherwise agreed upon in writing, will be credited toward a future product order such as prints, albums, or wall art.
If a Client requests a reschedule within 14 calendar days of the scheduled session, a $250 rescheduling fee will apply regardless of whether the Client has previously used their complimentary reschedule.
The Photographer reserves the right to require payment of the applicable rescheduling fee before confirming the new session date.
Rescheduling does not reset or create a new complimentary reschedule. The one complimentary reschedule is available per booked session.
Rescheduling does not restart, extend, or otherwise alter any payment obligations established under this Agreement or an applicable Pre-Session Payment Plan Agreement unless expressly agreed to in writing by the Photographer.
13.2. Late Arrivals
Any Client who arrives late to the session will have the amount of time late deducted from the time allotted for the session.
The Photographer will not provide a partial refund or other compensation for time deducted from the session due to the Client's late arrival.
13.3 Weather and Circumstances Beyond Client's Control
In the event that weather conditions are not desirable for the shoot based on the Photographer's recommendations, the session may need to be rescheduled. In such circumstances, the rescheduling fee will be waived.
The Photographer may also determine that an alternative location is appropriate. Due to liability and potential equipment damage, this decision will be at the Photographer's discretion.
14.1 If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God, or other circumstances beyond the Photographer's reasonable control, the Photographer and Client will make every reasonable effort to reschedule the photographic session.
If the Photographer and Client are unable to agree upon a new session date, the Agreement will be terminated and the Photographer will refund all amounts actually paid by the Client under this Agreement that relate to the cancelled session, including the session retainer and any amounts paid toward the Minimum Product Investment or Pre-Session Payment Plan, provided that no products or digital images have already been delivered to the Client.
The Photographer will have no further liability or obligation to the Client beyond the refunds expressly provided for in this Section, except where otherwise required by applicable law.
If the Photographer is unable to deliver photographic materials due to technological malfunction, equipment failure, loss or damage of photographic materials, or other circumstances beyond the Photographer's reasonable control, the Photographer's liability will be limited to the total amount actually paid by the Client under this Agreement, except where otherwise required by applicable law.
15.1 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 the Photographer concerning delivered artistic works or products must be brought to Photographer's attention within one (1) week from date of delivery or pickup. After one (1) week, the Client waives any right to seek reimbursement of fees previously paid or forgiveness of any outstanding balance, except where otherwise required by applicable law.
16.1 Entire Agreement
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.
16.2 Enforcement and Collection
If the Client fails to pay amounts due under this Agreement, the Photographer may pursue collection of the outstanding balance and any other remedies available under this Agreement and applicable law.
If either Party brings a legal action against the other Party to secure the specific performance of this Contract, 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, to the extent permitted by applicable law.
The Photographer may refer unpaid balances to a third-party collection service or pursue legal action where applicable..
16.3. No Waiver
The Photographer's failure to immediately enforce any provision of this Agreement shall not constitute a waiver of the Photographer's right to enforce that provision or any other provision in the future.
16.4 Governing Law and Venue
The Parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Idaho and the County of Kootenai with respect to any suit, claim or dispute arising out of, or relating to, this Agreement.
It is understood and agreed upon 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.
The Agreement will be governed by and construed in accordance with the laws of the State of Idaho, except to the extent federal law applies.
The language in this Agreement will be interpreted according to its fair meaning and not strictly for or against any Party.
17.1 Written Notice
The Parties will provide effective notice (“Notice”) via email to the address provided by the Client and/or the Photographer's email address listed below.
Photographer Email: [email protected]
Rebecca Miller
Infinity Imagery NW
Notice regarding payment defaults, unpaid balances, product completion, pickup deadlines, abandoned orders, or other contractual matters may be provided by email and/or text message to the contact information provided by the Client.
Client is responsible for maintaining current contact information and for promptly notifying the Photographer of any changes.
CLIENT ACKNOWLEDGEMENT