Soulography Brand Photography Contract
This agreement is between Dani McDonlad (Dani McDonald Photography), hereinafter referred to as the "Photographer", operating in the State of New Jersey, and the signers of this soulography photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
please check that you have read and understand each section:
Agreement Overview *
I understand that this agreement contains the entire understanding between the Photographer 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 the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
A deposit fee of 50% of the session fee is required prior to all sessions. No date is reserved until a deposit is received.
This is a non-refundable fee and covers the time of the photographer in the event of a cancellation. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client.
The deposit shall be applied towards the total cost of the session fee. The balance of the session fee must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event.
There shall be no refund of deposit after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Change of Date or Location *
The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer. The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
The Photographer will decide if weather conditions will restrict the ability to fulfill a session. This decision may be made in advance or on the day of the session, depending on weather conditions.
Failure to Perform *
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions.
Clients are responsible for all location fees and permits.
Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified at the time of the Work Request. The term of licence begins from the date Photographer receives full payment of invoice.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
Unless otherwise stated, Photographer retains the right to use any Image(s) for self-promotion purposes, provided that any such use is lawful and without harm to Client.
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Creative License *
I understand that images are edited at the Photographer’s discretion, and delivered images may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
Force Majeure *
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less deposit and expenses, but shall have no further liability with respect to the Agreement.
This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.
Returned Checks *
Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
Model Release *
I hereby give permission to Dani McDonald of Dani McDonald Photography to use my photographic likeness in all forms and media for advertising (including social media), exposition displays, trade, and any other lawful purposes.
Official Photography Release *
I, Dani McDonald, copyright holder of all Dani McDonald Photography, hereby grant permission for the Client to make prints or enlargements of any purchased digital images. It is recommended that the client prints through Dani McDonald Photography for the best results. Another high quality option is mpix.com. Remember to crop the pictures to the specified size before printing through any other printer. Printing through consumer sites such as CVS, Walgreens, Walmart, etc. is highly discouraged and the Photographer will not be held responsible for the quality of these prints. Posting pictures online is allowed, and including the company name and/or link to the company’s Facebook page/website is always welcomed. All pictures remain the property of Dani McDonald Photography for use of advertising and other purposes.
Included in your Soulography day-long shoot:
Mood board to capture the vision of the shoot in advance
Stylist & makeup artist-curated personally for you by Dani
Whatever you need to truly embody the archetype that speaks to you and your work—one client requested wings
Snacks and drinks provided; beautiful farm-to-table lunch break included
30-minute grounding meditation to begin the shoot
Messages from your guides delivered through Dani during the shoot—messages for you business and your goals will come to her
Multiple settings and stylings to capture your archetypes
Closing circle ritual with guided meditation