Contracts contain an understanding between NDP and CLIENT(s).
It supersedes any and all previous agreements between either party.
Changing contract/agreement must be done so in writing, signed by both parties, and attached to this agreement.
If either party wants to waive a provision on this contract/agreement, it does not mean that any other provision is also waived.
A signed contract is required before a session and photos will not be released to CLIENT without one.
CONSULTATION: An email or text Consultation at least 1-day prior to the Session should take place in order to finalize details such as shooting times, locations, CLIENTS requested poses if any (in writing), or other information NDP or the CLIENT would like to discuss.
PAYMENT: The session fee is due at the time of booking to save a spot on the calendar. Payment must be paid in full before shooting will begin. Session Fees cover the time and talent of NDP only. ONE hour is ONE hour. It does not include prints, travel outside of the city limits, or self-printing rights of proofs or images of any kind. NDP acceptS credit/debit or cash; Sorry, NO checks. Payment via credit/debit requires a small fee.
DEPOSIT: A non-refundable $20 deposit is required to reserve the specified date and time of coverage. This will be deducted from the balance of the Session Fee. NICKOLE DRAKE is not required to “save” a requested session date without a deposit. Deposits only save a requested available date for a shoot. If CLIENT chooses to cancel Session, deposit is non-refundable. In the event the scheduled shoot date needs to be Rescheduled, Deposit will be transferred and the session fee will remain locked in at the rate you were quoted when the deposit was paid. If the deposit is not paid within 24 hours of the date and pricing discussed in writing via email, I cannot and will not guarantee that the price will be the same as quoted. If a Session is canceled by CLIENT, there’s a $50 cancelation fee.
EXPENSES: NICKOLE DRAKE will be responsible for all travel, food, and lodging costs accrued by her and/or assistants, unless otherwise stated in the contract.
STUDIO: NICKOLE DRAKE does not have a studio. NDP is a home office and CLIENTS may visit on an INVITE ONLY basis. NDP reserves the right to conduct communications via email or texts only, unless a Phone converstaion is required. All shoots take place on-location only. NICKOLE DRAKE can suggest locations based on the questionnaire filled out via email. NICKOLE DRAKE is not responsible should the CLIENT dislike or refuse the location due to the failure of filling out the provided questionnaire. If weather is not cooperating, NICKOLE DRAKE reserves the right to reschedule the shoot for another date and/or time. NDP reserves the right to refuse service to anyone.
TRANSPORTATION: Transportation within the vehicle owned and operated by NICKOLE DRAKE is not provided for any reason. NICKOLE DRAKE is responsible for self-transportation only. Under no circumstances will CLIENT travel with NICKOLE DRAKE. Travel to a destination location outside of City Limits is available for a fee of $1.51 per mile and will be an additional fee to the Session Fee.
VENUE/LOCATION GUIDELINES: NICKOLE DRAKE is limited by the guidelines of the location site. CLIENT agrees to accept the technical results of their imposition on the photographer. It is the CLIENTS responsibility to reserve/request permission/locate/pay fees/take FULL responsibility for a desired location.
COOPERATION: Both parties agree to cooperate and communicate for the best possible result within the definition of this assignment. NICKOLE DRAKE is not responsible if key individuals fail to appear or cooperate during the shoot or for missed images due to details not revealed to me.
SHOOTING TIMES/SCHEDULES: The schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and NICKOLE DRAKE agree that cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time and ends according to the time frame specified on the package. Fifteen minutes will be given before a re-schedule is required. CLIENT will receive only the remaining minutes left in scheduled shoot if shoot starts late due to CLIENTS punctuality.
DELIVERY: Expect proofs approximately 14 business days after the shoot date. Proofs are available for viewing online in a password-protected gallery for 14 days. Orders must be placed within this time frame and will be purged to allow space for more recent shoots. Galleries may be reinstated for a $20/week fee thereafter. Passwords are CLIENTS responsibility and may do with it as see fits. Images will remain archived at NDP for 1 year ONLY. Albums require at least 14 business days to design and 14 business days for delivery. CD/DVD’s are available within 14 business days after proofs. Prints and products (excluding albums) included in packages, are ready for delivery within 14 business days after being selected.
PRINTS/PRODUCTS: Ordering standard sized prints takes place online in your gallery. Contact NDP directly to order custom or gallery sized photos or products. All sessions/packages/prints/products are subject to shipping and/or tax. Payment-in-full is required prior to orders being placed, no exceptions. Prices are subject to change at any time without notice!
PRINT RELEASES: Limited printing rights of images provided on a CD/DVD will be released to CLIENT after paid in full and shall abide under the following conditions:
- A print release only allows the CLIENT to print from the CD/DVD and shall remain in the presence of and be used only by the CLIENT. The print release given does not relinquish all or any rights accept that previously stated for printing. The print release does not release ownership of the images, it does not relinquish rights to share the CD/DVD with family and friends to print, nor does it relinquish rights to burn copies for anyone other than the CLIENT for archival purposes. Prints and Products made by someone other than NICKOLE DRAKE are not Guaranteed.
COPYRIGHT/PRINTING RIGHTS: The images produced by NICKOLE DRAKE are protected by Federal Copyright Laws and may not be reproduced in any manner without explicit written permission from NICKOLE DRAKE. The proofs and or prints made by NICKOLE DRAKE or the CLIENT are the CLIENTS for personal use by the CLIENTS only. Prints may not be Entered, altered, scanned, or manipulated in any way as they still remain copyright of NICKOLE DRAKE.
LIMIT OF LIABILITY: In the unlikely event that NICKOLE DRAKE is injured or becomes too ill to photograph, a re-schedule will take place. NICKOLE DRAKE takes the utmost care with respects to exposure, transportation, and processing of the photos taken. However, in the unlikely event that the photographs are lost, stolen, or damaged for reasons beyond my control, liability of NICKOLE DRAKE is limited to the return of all payments received for the session package or a re-shoot. The limit of liability for a partial loss of photographs shall be a prorated amount of the IMAGES lost based on a percentage of the total number of original images or a re-shoot.
Thank you!
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