1. PHOTOGRAPHY TEST SHOOT/TRADE FOR:
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. This is not inclusive during photography meet ups or shootouts. *
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 Model's physical control, the client shall gain personal non-commercial rights to the 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. It is also agreed that the Photographer will have full rights to use all images for advertising purposes. Models/Agents have the choice to purchase additional CDs of the original files at the time of purchase or after proofing at an extra cost. However, the Photographer does NOT guarantee archival of the digital files passed a period of one 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. *
6. 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. (Event image turnaround time is 1-2 weeks). *
7. INDEPENDENT CONTRACTOR:
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor. *
8. OTHER TERMS:
a. Changes to Copyright: All rights remain with photographer unless otherwise stated or negotiated with the Photographer. *
Print release rights for 3 images are granted to all shootout participants.
b. Trade for Prints: All images for test shoots and TF* are given a online gallery of their edited images. Any prints or comp card requests are extra but given a discount of up to 50% off normal pricing. *
Day of Shoot: *
Day of Shoot:
Models Name: *
Models Name:
Parent/Guardian's Name
Parent/Guardian's Name
For models under the age of 18.