Session Retainer and Payment

The Client shall make a non-refundable retainer in the amount of 50% of their selected package for the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. 


Any payment plan agreements agreed to by Photographer and Client shall be included as an addendum to this agreement. A late payment fee of $25 shall be applied to the late payment amount in accordance with the payment plan agreement. No products shall be delivered until the entire amount is paid in full.

 

Rescheduling

In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 3 days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. 

Any cost for location usage will be paid for by Client.

Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. at no additional costs to the Client.

 

Cancellations

If Client requests to amend or cancel this agreement 7 or more calendar days before the agreed upon photographic event date, the retainer shall be applied to a mutually agreed upon reschedule date. If Client cancels or fails to show 3 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.

 

Completion Schedule

Completion schedules and delivery of products shall be determined from date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.

• Prints shall take up to 1 week from time of print order to be processed and delivered to Client. 
• Albums and Print Boxes shall take up to 4 weeks from date of final design approval by Client to be received by the Photographer. 
• Canvas shall take up to 3 weeks from time of canvas order to be processed and delivered to Client. 

Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $100 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

 

Use of Alcohol

The use of alcohol is permitted on the Photographer’s premises. The Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images.

 

Artistic Rights

The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a gallery of photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional edits may be requested for $15 per file. Extensive retouching is done at a rate of $50/hour.

 

Copyright and Reproduction

The Photographer 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 Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. 

The Photographer does not provide the Client permission to resize photographs for Internet-based usage, but does provide web-sized, watermarked files for the sole and express purpose of web sharing. Print files shall, under no circumstances, but shared online.

 

Client Usage

The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

 

Social Media

The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. Accreditation is not required, but extremely appreciated.

 

Failure to Perform

If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer 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 Photographer, liability shall be limited.

 

Attorney's Fees & Arbitration

If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. ny controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $350. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

 

Indemnification

The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

Your Signature & Model Release

I have fully read and understand the terms and conditions of this contract. *
Your Electronic Signature *
Your Electronic Signature
Please understand that this electronic signature is legally binding.
Our boudoir business thrives on word of mouth and being able to share images for others to see. We have earned a reputation for discretion. Rest assured that we value your privacy and that your images are safe with us. With that said, we would greatly appreciate permission to use your images in marketing materials and on our website. Please indicate below which privacy level you feel comfortable with. *