This document is a contractual agreement made between:
Dominique Wright (referred to hereafter as “Photographer”)
5 West St Walpole, MA 02081
Tel: 617 651 0277
MINI PORTRAIT SESSION: Client is guaranteed up to 30 minutes of shoot time for a portrait of one to two individual dependent on the type of mini session.
Additional fees will be listed in the “YOUR FEES” section of this contract.
PORTRAIT FEES: Portrait fees include a 30 minute mini portrait session and 5 digital low-resolution images.
Portrait fees are determined in advance based on the number of individuals to be photographed and the location of the photo shoot. Session fee and a signed copy of this agreement are required to reserve a portrait session date. All session fees are subject to Massachusetts 6.25% sales tax.
PAYMENTS: Client agrees to purchase and pay for all orders in accordance with the terms of this Contract. The sessions and orders will not proceed until the required monies are paid.
All prices are valid for thirty (30) days from the date of the reveal session; thereafter all prices are subject to the prevailing prices at the time the final order is picked up. Client must place their final order relative to this contract within thirty (30) days from the date of the reveal session. After thirty (30) days, the Photographer is released from the terms of this contract including the production of any order of related photography products. Any order placed after thirty (30) days will be subject to a 20% fee added to the purchase price. The Photographer shall not be responsible for orders left in the studio ninety (90) days from date of completion. Prices on future copies are subject to change without notice.
In the event of any breach of contract the undersigned shall remain liable for any damages and loss of profits by the Photographer together with reasonable attorney’s fees, collection fees, costs, and disbursements. Deposits/fees made hereunder shall be retained by the Photographer.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if another mini session is planned by photographer or may be used as a credit towards a full session. Forty-eight hours notice of postponements or cancellations is appreciated.
TARDINESS: Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. Photographer reserves the right to cancel session after 15 minutes into session if Client has not arrived. Session fees will not be refunded. Client may choose to reschedule if another mini session is held or use session fees as a deposit towards a full session.
WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the session fee is non-refundable.
In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
COPYRIGHT: All photography and rights to reproduce from such photography are the property of the Photographer. United States copyright laws protect the work product of photographers such as the Photographer. Client shall not make copies or reproductions of any photography produced by the Photographer pursuant to this agreement without Photographer’s express written consent. However, when Client purchases the “files”, they have full “usage rights” allowing Client to print or share.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Nikki Monet Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, 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. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client.
Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined above.
PRINT FEES: Prints and products are ordered individually. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Rush printing and shipping can reduce delivery times by one to two weeks. A rush fee is applied to the cost of each rush print. All print fees are subject to Massachusetts 6.25% sales tax.
DIGITAL FILES: Digital files are not included with session fees. Digital files are available for purchase for $50 with a minimum purchase of 5 files.
Some packages include digital files as well. Digital files include a print release for up to 8×10 prints (or up to size of item purchased). Files may not be altered, edited, or cropped in anyway other than natural cropping for printing.
Photographer retains copyright. No RAW files are released under any circumstances.
RETOUCHING: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes etc.
YOUR FEES (prior to product purchase)
MA 6.25% Sales Tax
Total Portrait Fee
Portrait Date September 10th or 11th
Portrait Time Varies
Portrait Location Borderland State Park
Individuals to be photographed “Client”
Cash, credit, or checks are accepted. All checks or money orders should be made out to Dominique Wright. Returned check fee: $50
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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, it does not mean that any other provision is also waived. The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability. This constitutes an order for one portrait session (or portrait session package should client purchase add-ons) with Dominique Wright.