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
1. PHOTOGRAPHY SESSION ORDER:
This signed Contract constitutes and order for photography in the form of low resolution (web) on digital files. There are no oral or other agreements of the parties hereto and this Contract constitutes full and complete understanding and agreement between the Client and the Photographer. By entering into this agreement, I have given proof to the photographer, DARKSHI CREATIONS and LILLIAN-LOTUS BUCCOLA that I am at least 18 years of age, or that my parent or guardian is signing this contract on my behalf. This agreement shall remain in full force and effect for ONE session. The price per session shall not include the price for prints, extra USBs or a copyright for ongoing use of the images. All other prices shall be negotiated at the time of review of proofs after the session has ended. *
2. LIMIT OF LIABILITY:
Although care will be taken with the digital files, the Photographer limits any liability for loss, damage or failure to deliver photographs for any reason of Photographers non-performance caused by any force or similar circumstances, illness, accident or any cause beyond their control. In any event, the limit of Photographer’s liability shall not exceed the contract price stated herein. *
3. EXCLUSIVE PHOTOGRAPHER:
Relates to portrait or non-event sessions only.
It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the session near the Photographer while she is working due to reasons of the photographer delivering the quality of images as expected. Any breach of this agreement can constitute a reason for non-completion of the job with no liability to the Photographer. Behind the scene images are not constituted to these laws and are asked in good favor be forwarded to the photographer for her usages as well. Credits, if requested, will be given freely. *
4. OWNERSHIP OF DIGITAL FILES:
It is agreed that singular ownership of the digital files will be maintained by the Photographer. Upon delivery of the digital files to Client’s physical control, the client shall gain personal non-commercial rights to images. Images may be posted on social and personal websites; however, all logos and images added by the photographer, LILLIAN-LOTUS BUCCOLA and DARKSHI CREATIONS, must be maintained. No alteration of the images is allowed, and doing so will be considered copyright infringement. In the event that shared rights or extended copyrights are contemplated between the parties, the photographer, DARKSHI CREATIONS, shall note that agreement in the “other” section of this contract. Or the Client shall be granted a release form with in depth details to the legalities of the Clients rights of the images. It is also agreed that the Photographer will have full rights to use all images for advertising purposes. Clients have the choice to purchase additional USBs of the original files at the time of purchase. However, the Photographer does NOT guarantee archival of the digital files passed a period of one (1) year after the session/event date and will not be held responsible if loss occurs as per section 1. *
5. DISPLAY or PROMOTION:
It is agreed that the Photographer may display and use photographs from session/event for website and internet promotion, and any other non-commercial purposes thought proper by the Photographer. Should other means of unpaid, or paid, publications arise, the Photographer will contact the Client and ask for formal permission and showcase all information regarding the publication(s). Should the Client deny, the Photographer will also deny the publication without issue. Should the Client be unreachable during an appointed time of two (2) months, the publication will be granted. Should it be a paid publication, the Client will be gifted a compensation of equal value in the form of cash, prints or future session(s). *
6. RESERVATION DEPOSIT & PAYMENT SCHEDULE:
Upon signature, the Photographer, LILLIAN-LOTUS BUCCOLA, reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the retainer of 50% of the balance stated is non-refundable, even if event date is changed or photo shoot canceled for ANY reason. Sessions can only be rescheduled one time at no cost; not including weather, life threatening illness or acts of God. The retainer is to be paid at time of parties signing this contract. The deposit is applied towards the total balance upon completion and submission of this Contract. Client understands and agrees that the entire amount owed for the photography package described in this Contract is due on, or before the photo shoot day. NO pictures will be taken until paid. Weddings must be paid in full two (2) weeks before the ceremony date. *
7. GUARANTEED DELIVERY:
Photographer agrees to have the contracted order for the photo shoot photographs completed within a reasonable period of time from the shoot day. Sessions image turnaround time is 1-2 weeks. Weddings and Events image turnaround time is 3-4 weeks. Also any other photographic edit orders will be completed within 1 week of order placement, unless prints are requested as canvas, books or poster prints. *
8. INDEPENDENT CONTRACTOR:
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor. *
9. CANCELLATION:
In the event the Client must cancel the contracted services for photography on this Contract, and balance is paid prior to the event/session the Photographer agrees to refund all money paid, excluding the retainer fee. *
Please type your name in agreement.