Photography Contract with DaniMarie Photography
1. Scope of Work:
Photographer and client are to arrive for the photoshoot at the agreed time and location which will be confirmed during the booking process. Refer to the website for details regarding products, inclusions, and fees.
2. Retainer and payment:
DaniMarie Photography will reserve the time and date agreed upon. The client shall make a non-refundable retainer of $100 to DaniMarie Photography to perform the services specified in the package. The retainer is paid at the time of signing this contract.
Upon payment, DaniMarie Photography will reserve the time and date agreed upon by both parties exclusively for you. The full amount + any agreed upon additional travel fees for the remaining cost of your session needs to be paid before your gallery is delivered. You will be notified when your gallery is ready, and asked to make the final payment at that time. We accept ApplePay, Venmo, Zelle, and Paypal.
3. Work Product:
All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download within a time frame of no later than 3 months after the session date. Photos will be delivered as high-resolution JPEG files in an online gallery. RAW files will not be provided. Be advised that RAW files may be destroyed at any time after the online gallery has been delivered. The client is responsible for downloading images from the online gallery within three months. The client is responsible for protecting all digital files, as well as any prints or products ordered. DaniMarie Photography is not responsible for such files or products once delivery of client gallery is complete.
Please be sure to view your digital files on a color-calibrated monitor. If you print photos from a source other than DaniMarie Photography’s preferred lab (ordered through website), DaniMarie Photography cannot be liable for quality nor color correctness. Not all labs are professional, and some consumer labs lack the quality that a professional lab can deliver.
4. Rescheduling/Late Arrivals:
4.1 - In the event that the Client requests to reschedule the session on account of illness, emergency, act of God or any cause outside their control, the retainer will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled session date (or reasonable notice in the case of an emergency).
4.2 - Requests to reschedule by Clients for any reason other than a reason under clause 4.1 is at the discretion of DaniMarie Photography.
4.3 - The rescheduled session must be within 2 weeks of the original session date (or a longer period as agreed by DaniMarie Photography and Client) and is subject to the availability of DaniMarie Photography. Any Client that is late arriving to the session will have the remaining amount of time allotted for the session. Please arrive on time, we schedule to capture the absolute best light.
5. Cancellation:
If Client cancels this agreement, giving less than 48 hours notice prior to the date of the photoshoot or fails to show, all payments made to DaniMarie Photography will be forfeited and released to DaniMarie Photography unconditionally.
6. Indemnification:
If DaniMarie Photography is unable to perform the services in this contract due to illness, emergency, fire, casualty, unsafe environment, threat, act of God or any cause outside its control: DaniMarie Photography will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract. If DaniMarie Photography is unable to perform services, DaniMarie Photography will return in full all payments made by client in relation to this session. The substitute photographer is chosen at the discretion of DaniMarie Photography and does not constitute a breach of this agreement. DaniMarie Photography warrants the substitute photographer to be of comparable quality and professionalism.
6.1 - If DaniMarie Photography is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the DaniMarie Photography, the photographer will not be liable for any consequential loss arising from the non-delivery, and the liability of DaniMarie Photography to the Client should be limited to the repayment of amounts paid to the DaniMarie Photography under this Agreement.
6.2 - Client understands and agrees that DaniMarie Photography is not required to maintain copies of the photos from this session 3 months after the online gallery has been delivered to client. Client will have 7 days after gallery delivery to make DaniMarie Photography aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 7-day term has expired, DaniMarie Photography will no longer be liable to the client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by DaniMarie Photography if requested by client but the hourly fee of $60 per hour for retouching will be billed with a minimum of one hour required.
6.3 – Client agrees to indemnify and hold DaniMarie Photography harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding their photoshoot (including any personal injury arising from or connected with any negligent act or omission on the part of DaniMarie Photography).
6.4 – Client agrees to indemnify DaniMarie Photography and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this agreement.
6.5 – DaniMarie Photography retains the right of discretion in selecting the photographic materials released to the client.
6.6 DaniMarie Photography reserves the right to terminate coverage and leave the location of the session if the photographer experiences inappropriate, threatening, hostile or offensive behavior from anyone at the photoshoot; or in the event that the safety of the DaniMarie Photography is in question. If DaniMarie Photography leaves the sessionT in accordance with this clause, DaniMarie Photography will not be liable to refund any amount to client, but will be obliged to provide client with photographs taken by DaniMarie Photography prior to DaniMarie Photography leaving the shoot.
7. Exclusive DaniMarie Photography:
Client agrees and understands that no other party other than DaniMarie Photography and DaniMarie Photography's assistant may take pictures of any poses, lighting situations, or setups made by the DaniMarie Photography. This slows down our work and violates the intellectual property in the composition of pictures of the session.
10. Copyright and Model Release:
DaniMarie Photography shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the DaniMarie Photography’s website, social media and/or studio. Client releases DaniMarie Photography from all claims and liability in relation to the photographs and any use by DaniMarie Photography which is consistent with this agreement.
It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the DaniMarie Photography.
11. Social Media and Personal Use License.
In consideration of the payment of monies due under this agreement, DaniMarie Photography grants client a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the DaniMarie Photography as follows:
1. Clients may share the web or high res photos delivered by the DaniMarie Photography on client’s personal and business social media accounts.
2. This license does not permit clients to screenshot poor quality images, or edit or alter photos in any way.
3. Clients may print high res photos delivered by DaniMarie Photography or downloaded from the photo gallery for their personal use. Clients who book headshot, branding, or influencer packages have full rights to use of their photos forever, both in print and digital formats.
12. Pricing & Additional Products:
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 products or services purchased.