Portrait Agreement Contract

Dandelion Soul Studio

Photographer:  Elizabeth Weiland

Address:  228681 County Road E   Athens WI 54411

Phone:  715-870-5160 Email:  elizabeth@dandelionsoul.studio

Website:  https://dandelionsoul.studio/ facebook:  https://www.facebook.com/dandelionsoul.studio

CLIENT

Name:  {{client_name}}

Email:  {{client_email}}  

SESSION DETAILS

Session: Full Newborn Session

Location:  Studio newborn session. Includes access to wraps, hats, headbands, and props from the studio collection. Baby may be photographed asleep or awake depending on their comfort and temperament.

Date:  {{session_date}}

Time:  {{session_time_range}}

Duration:  180 minutes

Price:  {{session_total}}  

PERFORMANCE OF SERVICES. (1) Elizabeth Weiland agrees to take  photographs for client and provide an online image viewing gallery  within 30 days of session. Elizabeth Weiland will choose the best images  from the photo session for to view, any blurry, similar duplicates, or  undesirable images will be purged and unavailable. Elizabeth Weiland  does not guarantee that any specific pose or image will be available to  view or any exact number of images to be viewed.    Client understands  that soft-proof images are not yet edited and should be chosen according  to preferred posing and expressions, all purchased images will be  professionally edited before final print, product, or digital files are  delivered. When extensive, non standard edits are requested by client,  Elizabeth Weiland may consider these for an additional fee.  Elizabeth Weiland does not allow clients, their parties, acquaintances, other  people, programs, apps, or photographers to change or edit her images in  anyway. Elizabeth Weiland does not give or sell unedited images or raw  files.    Client understands that the amount of images received and the  type of edits that will be done on them will be clearly shown in the  session description. Some sessions only include basic edits; skin  retouching, swaps, background changes and other editing requests can be  purchased per image. Client understands that the length of each session  is approximate. Sessions may take a shorter or longer amounts of time  depending on many factors. Your photographer will gauge session time  accordingly, sessions may finish sooner when it is going very well and  the image goals have been met or take longer if needed when image goals  have not been met.

PAYMENT. Client agrees to pay the total session price of their chosen  portrait session package, including any ordered add-ons. A non-refundable retainer is due at booking with the remaining balance to be , this will be subtracted from the session price, and  then the remaining balance must be paid in cash or check (made to  Elizabeth Weiland) upon arrival to your session or payments made online when payment plans are available. Payment of the  non-refundable retainer fee secures and reserves the  session date and  time for client. If rescheduling of session is needed due to poor weather or illness, retainer will transfer to the rescheduled session.  Payment plans are available if needed, please contact Elizabeth Weiland  to discuss payment plans. Images will not be processed or delivered if  full amount for cost of session has not been paid. If full payment has  not been received within a year, a fee of $25 per month thereafter will  be added onto total session cost until final payment is received.  Elizabeth  Weiland will provide with an online viewing gallery and store to  purchase professional prints, products, and high resolution digital  image downloads. Any prints, products, or digital image downloads that  may be included with the session price will be shown and listed in  session description. If no prints, products, or digital image downloads  are shown in the session description, then none will be included with  your session and therefore must be purchased separately post photo shoot  through provided online gallery store or ordering session. Some session  choices may require a minimum package order to be purchased post  session, if this is a requirement, it will be shown in the session  description. CUSTOM SESSION. Any custom session requests made by the Client, must be  discussed with Elizabeth Weiland prior to booking. Any costs associated  with customizing the session will be discussed and then invoiced to the  Client. Elizabeth Weiland will purchase custom items after the Client  has paid the invoice for those items. Any custom reusable items, such as  prop outfits, gowns, props, backdrops, etc. will remain the property of  the studio and in return, the Client will receive a credit worth 50%  (unless a different amount has been agreed upon as mentioned in session  details) of those items to be used towards gallery purchases of prints  or digital files. Non-reusable items, such as a smash cake, will only be used by the Client and therefore not given any credit to use. The  Client and Elizabeth Weiland may also agree to trade reusable items that  the Client brings along to the session; an appropriate credit towards  gallery purchases of digital files or prints will then be negotiated.  The Client is responsible for providing their own hair and makeup  styling, Elizabeth Ann Photography does not offer hair and makeup  services at this time. Any items that the Client brings along to use for  the session that were not approved prior to the session may or may not  be used during the session at the sole discretion of Elizabeth Weiland.

CANCELLATION POLICY. Session Retainer Fees are non-refundable. A  minimum of 30 days notice will be required for cancellation of this  Contract by client for client to be refunded, NOT INCLUDING retainer  fee. The amount that will be refunded will be total amount paid of  session cost minus non-refundable retainer fee. If client has not made  any additional payments towards the total session cost other than the  non-refundable retainer fee, then no refund will be issued. Refund shall  be paid out within thirty (30) calendar days from the cancellation  date.

RESCHEDULE: No additional fees or refunds by either party will  incur when rescheduling sessions due to either illness or unfavorable  weather. Both parties will then decide and agree on an alternative  session date, scheduled as soon as possible. Payment will be  transferable to new agreed upon date. Limited Edition sessions and  similar sessions may not be available to reschedule, retainer fee may  then be transferred towards booking another type of session with  agreement of Elizabeth Weiland and client, a new contract will then need  to be made and signed with pre-paid retainer fee applied to chosen  replacement session type; if the replacement session is priced  differently than the original session, client will be required to pay  the difference. Rescheduling must take place within 9 months of original  scheduled session date, otherwise an additional retainer fee must be  paid to reschedule beyond the 9 month mark. If session is repeatedly  rescheduled by client, more than twice, a new retainer fee will be  required to book after that. LATE or NO SHOWS: If client shows  up late for their session, session time will then be reduced accordingly  if any session time still remains, this will have a direct result in  the outcome of the session, including the quality and amount of images  available, no reshoot will be offered. If client shows up late to the  session, after their session time has already passed, they will then be  required to pay an additional retainer fee to reschedule on another  available date.  If client fails to show up on scheduled session date  and time without sufficient or reasonable notice, session will be  cancelled without rescheduling and any session payments made will be  forfeited (no refund). WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas,  discoveries, products, or other information developed in whole or in  part by Elizabeth Weiland in connection with the Services will be the  exclusive property of Elizabeth Weiland. Upon request, Elizabeth Weiland  will execute all documents necessary to confirm the exclusive ownership  of Elizabeth Weiland to the Work Product. Client may only download  image files that have been purchased and given permission for. Elizabeth  Weiland will invoice for any image files that have been downloaded or  obtained by Client, without purchase or permission. RELATIONSHIP OF PARTIES. It is understood by the parties that Elizabeth  Weiland is an independent contractor with respect to client, and not an  employee of client. Client understands that Elizabeth Weiland has her  own family and personal obligations and will not rush or hurry to  provide finished products to client before the deadline determined in  this contract. Client understands that Elizabeth Weiland may refuse to  photograph any clothing, items, or persons which display obscene,  inappropriate, discriminatory, suggestive, and/or political ideas,  views, and propaganda. Elizabeth Weiland may agree to photograph pets,  however client must get approval from Elizabeth Weiland prior to the  session date. If Elizabeth Weiland agrees to include pets during the  photoshoot, client is responsible for keeping their pets safe and  keeping others safe from their pets, along with not allowing their pet  to damage the property of others. Client must bring along a leash, pet  carrier crate, or another responsible person to help manage their pet  during the photoshoot while their pet is not being photographed. Client  and their parties understand that if at any point during the session  they, any person or pet that they brought along to the photoshoot  becomes reckless, harmful, and/ or destructive of studio property or  studio staff, the session will then come to an abrupt end and no refund  whatsoever will be issued to client. Elizabeth Weiland will not  communicate contracted session details with anyone other than client.  Client, as the person agreeing to and signing this contract, also  understands that it is their responsibility to communicate all session  details with Elizabeth Weiland and may not attempt to transfer session communication to anyone else on their behalf. COURTESY. The photography schedule and respected methodology are  designed to accomplish the goals and wishes of client. Client} and  Elizabeth Weiland agree that positive cooperation and punctuality are  therefore essential. No reshoots will be offered or allowed due to  failure of cooperation by client and their parties. Client agrees that no  person or child will show up to the studio with any potentially  contagious illness and must be free from fever, vomiting, and diarrhea  for at least 72 hours prior to the photo session.  Client agree to  notify Elizabeth Weiland in a timely manner to reschedule their session  in case of illness.  Client agrees not to threaten or harass Elizabeth Weiland, studio property, and studio staff. Client understands that  cigarettes, e-cigarettes, vape pens, illegal drugs, pipes, recreational  drugs, drug paraphernalia, and/or alcohol are prohibited on studio  property or during the photo session. The Clients and their parties may not have odor from smoking or drug use on their clothing or bodies while  in the studio otherwise they will be told to stay outside or sent home without refund. Client agrees not to video or photograph any part of the  photoshoot without Elizabeth Weiland's prior authorization. MUTUAL INDEMNIFICATION. Elizabeth Weiland agrees to indemnify and  hold harmless client, its members, if any, and its agents. Client agrees  to indemnify and hold harmless Elizabeth Weiland, its members, if any,  and its agents. If client and/or their parties become injured and/or  damage any of their belongings while on studio property or other  location during the photo shoot, they agree not to pursue any legal  action against Elizabeth Weiland, Elizabeth Ann Photography, the  property owners, any other business located on the property, and/or the  property itself because they are not liable or obligated to compensate  for any injuries or damages. Client and their parties must take  responsibility for themselves to prevent any injuries to themselves or  damage to their own belongings and failure to do so will be at their own  cost and risk. WARRANTY. Elizabeth Weiland shall provide its services and meet its  obligation under this Contract in a timely and workmanlike manner, using  knowledge and recommendations for performing the services which meet  generally acceptable industry standards and will provide a standard of  care equal to, or superior to, care used by service providers similar to  Elizabeth Weiland on similar projects. Extensive editing requested by  client may be considered for an additional fee at the discretion of  Elizabeth Weiland. Elizabeth Weiland does not guarantee that desired  poses or expressions, requested by client, will be captured. No person  will be forced to pose in any specific manner. Elizabeth Weiland will  not attempt any unsafe posing practices to attain a requested look or  idea. Elizabeth Weiland will not pose a person in a way that does not  reflect the style of the studio or her preferences. DEFAULT. The occurrence of any of the following shall constitute a  material default under this Contract: The failure to make a required  payment when due. The insolvency or bankruptcy of either party. The  subjection of any of either party’s property to any levy, seizure,  general assignment for the benefit of creditors, application or sale for  or by any creditor or government agency. The failure to make available  or deliver the Services in the time and manner provided for in this  Contract. REMEDIES. In addition to any and all other rights a  party may have available according to law, if a party defaults by  failing to substantially perform any provision, term or condition of  this Contract (including without limitation the failure to make a  monetary payment when due), the other party may terminate the Contract  by providing written notice to the defaulting party. This notice shall  describe with sufficient detail the nature of the default. The party  receiving such notice shall have 30 days from the effective date of such  notice to cure the default(s). Unless waived by a party providing  notice, the failure to cure the default(s) within such a time period  shall result in the automatic termination of this Contract. FORCE  MAJEURE. If performance of this Contract or any obligation under this  Contract is prevented, restricted, or interfered with by causes beyond  either party’s reasonable control (“Force Majeure”), and if the party  unable to carry out its obligations gives the other party reasonably  timely written notice of such event, then the obligations of the party  invoking this provision shall be suspended to the extent necessary by  such event. The term Force Majeure shall include, without listings, acts  of God, fire, explosion, vandalism, storm or other similar occurrence,  orders or acts of military or civil authority, or by national  emergencies, insurrections, riots, or wars, or strikes, lock-outs, work  stoppages, other labor disputes, or supplier failures. The excused party  shall use reasonable efforts under the circumstances to avoid or remove  such causes of non-performance and shall proceed to perform with  reasonable dispatch whenever such causes are removed or ceased. An act  or omission shall be deemed within the reasonable control of a party if  committed, omitted, or caused by such party, or its employees, officers,  agents, or affiliates. DISPUTE RESOLUTION. The parties will  attempt to resolve any dispute arising out of or relating to this  Contract through friendly negotiations amongst the parties. If the  matter is not resolved by negotiation, the parties will resolve the  dispute using the below Alternative Dispute Resolution (ADR) procedure.   Any controversies or disputes arising out of or relating to  this Contract will be submitted to mediation in accordance with any  statutory rules of mediation. If mediation is not successful in  resolving the entire dispute, any outstanding issues will be submitted  to final and binding arbitration under the rules of the American  Arbitration Association. The Arbitrator’s award will be final, and  judgement may be entered upon it by any court having proper  jurisdiction. ENTIRE CONTRACT. This Contract contains the  entire Contract of the parties, and there are no other promises or  conditions in any other contract whether oral or written concerning the  subject matter of this Contract. This Contract supersedes any prior  written or oral agreements between the parties. SEVERABILITY.  If any provision of this Contract shall be held to be invalid or  unenforceable for any reason, the remaining provisions shall continue to  be valid and enforceable. If a court finds that any provision of this  Contract is invalid or unenforceable, but that by limiting such  provision it would become valid and enforceable, then such provision  shall be deemed to be written, construed, and enforced as so limited. AMENDMENT.  This Contract may be modified or amended in writing, if the writing is  signed by the party obligated under the amendment. GOVERNING LAW. This Contract shall be governed by the laws of the State of Wisconsin.NOTICE.  Any notice or communication required or permitted under this Contract  shall be sufficiently given if delivered in person or by certified mail,  return receipt requested, to the address set forth in the opening  paragraph or to such other address as on party may have furnished to the  other in writing. WAIVER OF CONTRACTUAL RIGHT. The failure of  either party to enforce any provision of this Contract shall not be  construed as a waiver or limitation of that party’s right to  subsequently enforce and compel strict compliance with every provision  of this Contract. ASSIGNMENT. Neither party may assign or  transfer this Contract without the prior written consent of the  non-assigning party, which approval shall not be unreasonably be  withheld. ....................................................................................................................................................... NOTE:  Dandelion Soul Studio is taking extra steps to prevent exposure and spread of contagious illness by:

• Disinfecting studio surfaces and shared props between sessions and uses.

• Frequently washing and sanitizing hands.

• Hand sanitizer is available for client use during indoor and outdoor sessions.

• Wearing a mouth/nose face covering while indoors for studio sessions when needed or requested.

• Less contact and social distancing when needed or requested.

• Rescheduling sessions when contagious illness is present, suspected, or exposed to with herself and clients.

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By signing this portrait contract agreement, you are confirming that you have carefully read through it, understand, and agree to all terms and conditions.

  signature date: