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Contract 2025
Cash or check accepted on the day of your session. Checks can be made payable to Mirth and Whimsy. An online proof gallery will be ready in around 2 weeks from the session date, and will be available for only 14 days. If you need to extend past 14 days, there will be a fee of $25 to repost the gallery. If in the event there is a need to reschedule this session, there may be a travel fee added to the session fee. No part of any order will be delivered until the balance is paid in full. The images created from the session are the exclusive property of Mirth and Whimsy, LLC. By signing this contract you are giving permission to Mirth and Whimsy, LLC. to use images of yourself and any minors/dependents included in your portrait session. Mirth and Whimsy, LLC. reserves the right to use the images for display, publication or other purposes. Mirth and Whimsy, LLC. reserves the right to the exclusive use of the images created and reproduction thereafter. All rights are reserved by Mirth and Whimsy, LLC. whether for display, publication, or otherwise. No concessions will be made for this. All photographs are copyright protected and may not be copied, reproduced, or files altered or edited in any form without written permission of Mirth and Whimsy, LLC. While Mirth and Whimsy, LLC. takes the utmost care with respect to the exposure, development, and delivery of photographs, in the event she fails to comply with the terms of this contract, liability is limited to a refund of 50% of what was paid. No concessions will be given for missed images. Mirth and Whimsy, LLC. cannot guarantee that every moment is photographed. This will depend on the time, lighting conditions, availability of people, cooperation given, or any other reason deemed out of Mirth and Whimsy, LLC.’s control. In the event of emergency, injury, acts of God, or death, Elicia Cook Lunsford, Mirth and Whimsy, LLC., any assistants, or property owner of session location, are not held liable in any way. Parents or guardians are responsible for themselves and children. Refunds or concessions “if granted” can only amount to 50% of the session fee. This information is understood and accepted upon submitting the contract.
Find more session details here
Find more session details here
A. Session Fees
Client agrees to pay photographer a deposit of $100 at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The remaining balance is due at the time of the session.
The session cost covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and the products (digital downloads) included in the package of choice. Additional editing if requested is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 30 minutes of zip code 46371, IN. Any location outside of these limits will be subject to an additional charge of $.52/mile (each way) as part of the agreement.
C. Rescheduling
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
E. Archive
Gallery will be available for 60 days for client to download and save digitals. After 60 days, gallery will be removed. Gallery can be requested for re-upload at a charge of $25. After twelve (12) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
F. Payment
All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
H. Model Release
I hereby give to JL Media the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
I. Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
J. Copyright & Penalty
JL Media retains all copyrights to all images created during client’s session. A print release is included with digital files to print portraits for personal use. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to alter any image created by JL Media during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images.