Client Information
Name: *
Name:
Address: *
Address:
Primary Phone: *
Primary Phone:
Session Details
Session Type(s): *
Select primary session that is booked.
Preferred Session Date:
Preferred Session Date:
STANDARD TERMS AND CONDITIONS
This agreement contains the entire understanding between Darkshi Creations and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement. *
1. RESERVATION & PAYMENTS:
A signed contract and retainer fee are required to reserve the dates and times of the Session/Event. If the Session/Event are rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the retainer fee is non-refundable and shall be liquidated damages to Darkshi Creations. The Client shall also be responsible for payment for any of Darkshi Creations material charges incurred up to time of cancellation. *
The aforementioned 50% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the Session/Event. In the event the Client fails to remit payment as specified, Darkshi Creations shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the Session/Event. *
In the event that the Client requests to reschedule a session, the retainer shall be applied to a rescheduled session if notice is given at least 3 days prior to the schedule event. Reschedule must be within the same calendar year. *
2. PHOTOGRAPHY SCHEDULE:
The Client agrees to confirm the schedule one-week prior to the Session/Event. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from Darkshi Creations by the Client. *
The Client and Darkshi Creations agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the Session/Event, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Client. *
3. PHOTOGRAPHERS RESPONSABILITY:
Darkshi Creations is not responsible for compromised coverage due to causes beyond the control of the Darkshi Creations including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to Darkshi Creations, rendering of decorations, or restrictions of the locations. Darkshi Creations is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Darkshi Creations is not held liable for missed coverage of any part of the Session/Event. Darkshi Creations will not be held accountable for failure to deliver images of any individuals or any objects at the Session/Event. *
Darkshi Creations is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of Darkshi Creations. *
Darkshi Creations reserves to right to terminate coverage and leave the location of the Session/Event if the photographer from Darkshi Creations experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Session/Event; or in the event that the safety of the photographer from Darkshi Creations is in question. *
4. EXCLUSIVE PHOTOGRAPHER:
Relates to Events
The Client hereby agrees that Darkshi Creations is the exclusive official Photographer and Client agrees that no other professionals will be present. If an additional photographer(s) is required, it is on Darkshi Creations to select the second shooter at an additional cost to the Client. *
5. LOCATION & VENUE LIMITATIONS:
Darkshi Creations is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on Darkshi Creations. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; Darkshi Creations will offer technical recommendations only. *
6. LIMIT OF LIABILITY:
In the unlikely event that the assigned photographer from Darkshi Creations is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Darkshi Creations, Darkshi Creations will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Session/Event. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Darkshi Creations control, including but not limited to camera, hard drive, or equipment malfunction, Darkshi Creations liability is limited to the return of all payments received for the Session/Event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Darkshi Creations is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year. *
7. MODEL RELEASE:
The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the Session/Event. The Client grants Darkshi Creations and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client and all persons included in Session/Event, and/or in which Client may be included, for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Darkshi Creations and their legal representatives and assigns from all claims and liability relating to said photographs. *
8. COPYRIGHT:
The photographs produced by Darkshi Creations are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Darkshi Creations explicitly written permission. If the Client has purchased the high resolution downloads or a USB from Darkshi Creations, the resulting images will be transferred to the Client with a non-commercial release. If the Client has purchased an “Image DVD” from Darkshi Creations, Darkshi Creations grants the Client permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to Darkshi Creations. Unless The Client has obtained written permission from Darkshi Creations, publication and sale of the images are an infriengement on Darkshi Creations rights. *
9. CLIENT LIABILITIES:
Predominantly Event Clients
If there are any costs/fees associated with the location The Client has chosen for their session, The Client will be responsible for these fees. Darkshi Creations will not guarantee or arrange payment on any locations. *
All travel expenses are based on the distance between the Session/Event location(s) and Darkshi Creations studio address. For all Sessions/Events, the first 180 miles roundtrip of travel are included. All miles in excess of 180 miles roundtrip are charged at $1.62/mile for coverage of time, gas, and wear and tear on the vehical as part of the agreement. For Destination Session/Events, the Client is responsible for all travel, accommodations, meals and transport costs for Darkshi Creations and crew unless provided by the Client. *
Darkshi Creations crew requires a quality meal during the Events dinner, feeding the crew is an often forgotten detail which leads to a hungry and sluggish crew. The crew works very hard for the Client during the Events day and it is our policy the Client is to provide the crew with a quality dinner. *
If during the course of the Session/Event, should any of Darkshi Creations equipment become damaged due to the fault of any of the Session/Event guests, or any other vendor contracted by the Client (including but not limited to, venue workers, wait staff, planners) the Client is liable for payment to replace that piece of equipment. The Client agrees to pay for said damage within fourteen days of the Session/Event. *
9. 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 shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2-6 weeks of the Session/Event. All online proofing galleries will be open for 30 days unless otherwise noted in your Session/Event invoice details. If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee shall be applied. *
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Darkshi Creations. *
The final post production and editing styles, effects, and overall look of the images are left to the discretion of Darkshi Creations. All images the Client receives are fully edited and prepared for printing, however no photoshopping or “retouching” is done to any of the images. Specialty services must be purchased separately. These services include blemish removal, sliming, “head-swapping”, and other services. The fee for any “photoshopping” is $100/hr with a two hour minimum. *
Please type your name in agreement.