MARITIME BOUDOIR CONTRACT
FOR BOUDOIR SESSIONS
Please read carefully and fill out all of the options accordingly.
Boudoir Contract
Hello! Thank you for hiring me to photograph you! Please read the information below thoroughly to prepare for your session! Please read through and electronically sign this contract within 24 hours to complete your booking. Signature and submit button is located at the bottom of contract.
Hair & Makeup and shooting will take place at photographer's home studio unless otherwise specified:
47 Blanchard St. Dieppe New Brunswick
________________________________________________
By signing this Contract, THE CLIENT acknowledges that they have read it in its entirety and is signing it of free will, wishing to book a Boudoir Photography Session. THE CLIENT understands all Terms and Conditions and accepts responsibility for signing said Contract. The Client acknowledges that he/she will be attending the Boudoir Photography Session and is contractually obligated to all said Terms and Conditions. Failure to do so will result in the forfeiture of payment and denial to attend the Boudoir Photography Session.
THEREFORE THE CLIENT has agreed to the following TERMS AND CONDITIONS :
This agreement constitutes a contract for Boudoir Photography services. The client hereby agrees to all terms contained in this agreement. Client is responsible for reading all literature presented to them in person, or in writing including the price sheet. Failure to comply with any studio policies will result in forfeiture of session fee as well as any prepayments made for services. The photographer's rates as well as the price of the prints, images, collections, and digital files are not negotiable.
RETAINER AND PAYMENTS: The Client shall make a non-refundable booking retainer for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. On signing of this agreement by both parties hereto, the Photographer will reserve the date and times ranges agreed upon and will not make another reservation for the specific date and time frame. For this reason, all retainers are non-refundable.
SESSION FEE: The Session Fee is NOT REFUNDABLE for any reason once paid, under no circumstances will the Session Fee be refunded. If the Client splits the Session Fee into 2 payments, both payments are to be paid in full regardless of cancellation, or else the balance due shall be sent to Collections. The Client understands and agrees that no images, digital or physical, are included in the cost of the Session Fee. All images, both digital and physical, will be available for purchase upon completion of the session. Any additional photography coverage beyond the terms listed at the top of this contract will be billed at $100 per hour.
The session fee is $199, unless discounts or sales are applied on the invoice. The session fee does not include any images whatsoever.
1. CANCELLATIONS, RESCHEDULES, TERMINATIONS ANS REFUNDS :
Both parties agree that this contract is conditional upon THE CLIENT fulfilling all of his/her obligations in a satisfactory manner, as deemed by STUDIO. THE PHOTOGRAPHER reserves the right to terminate this Contract and /or remove THE CLIENT from the studio, or other location of shooting, at any time without a refund if he/she is engaged in behavior including, but limited to; illegal actions, belligerent, inappropriate, or disruptive behavior as deemed by THE PHOTOGRAPHER. THE PHOTOGRAPHER may terminate this contract at any time, if he/she feels that THE CLIENT is not performing in a manner acceptable to the company, or the terms and responsibilities of this Contract are not being met.
THE CLIENT agrees that any cancelation must be in writing.
THE CLIENT agrees that in the event that STUDIO cancels the session for any reason, including but not limited to; medical emergency, family emergency, inclement weather, road closures, natural disaster, closure of venue, or similar catastrophe, THE CLIENT will not receive a refund, instead a full credit for a Boudoir Photography Session, to be used within 6 months time.
THE CLIENT agrees that any reschedule or cancellation requested within 30 days of the originally scheduled date will incur a $100 cancellation/reschedule fee that will automatically be charged to the card on file.
THE CLIENT agrees that any reschedule or cancellation requested within 14 days of the originally scheduled date will incur a $250 cancellation/reschedule fee that will automatically be charged to the card on file.
THE CLIENT agrees that a no-call/no-show on the day of the shoot will result in a $500 no-call/no-show fee that will automatically be charged to the card on file. This fee also applies to any cancellations within 24 hours of the scheduled start time for the shoot.
THE CLIENT agrees that the first reschedule request made for the session (as long as +30 days notice is given) will be complimentary, but that additional reschedule requests will be made on the above schedule of fees for additional reschedule requests.
Reschedules are limited to no more than a 6 month period from the originally scheduled session, sessions may not be pushed out any further than 6 months from the originally booked date. Should the Client request a new date more than 6 months out, a new Session Fee and Contract will be required and the Client will be responsible for purchases from the most current price list.
Exceptions to these policies will apply only to the following and will require documentation to reverse any fees applied:
* Hospitalization
* Diagnosed illness, injury, flu, fever
* Hospitalization of immediate family member for illness, injury, flu, fever
Reschedules of the Image Reveal & Ordering Appointment will have a $25 fee applied per reschedule, the first being complimentary
2. PAYMENT SCHEDULE AND FEES :
THE CLIENT agrees that the paid retainer of $199 is non-refundable/non-transferable in order to hold a reservation/date with STUDIO. Any change of date requires a newly signed Contract and retainer. THE CLIENT agrees that the initial contract and retainer become void and that THE CLIENT is subject to the most current pricing options. THE CLIENT agrees that if he/she cancels the session before it is completed, the retainer and all additional payments are void and not valid as a credit towards any other sessions or products with STUDIO.
THE CLIENT agrees that if the retainer or any payments are deemed NSF, he/she is responsible for a $150 SERVICE FEE. THE CLIENT agrees that any photos will not be delivered and no products will be ordered until a new final balance has been paid in full and cleared. THE CLIENT agrees that any products or services added after the Contract has been signed are subject to current pricing. Pricing may change without notice, and is only guaranteed on products and services selected at the time of Contract signing.
THE CLIENT agrees that he/she may add additional items at any time to his/her Contract, subject to current pricing, but may not remove items from the Contract once it has been signed. THE CLIENT understands that he/she is responsible for paying for the items selected on the Contract. If THE CLIENT fails to pay for selected items, STUDIO does not have to provide THE CLIENT with any images or monetary compensation for monies paid, including, but not limited to; compensation for time or emotional stress, the retainer and payments towards the balance by the client or any other person contributing towards their contractual balance
THE CLIENT agrees that they will receive only what is stipulated by the Contract above. THE CLIENT understands that STUDIO chooses the best selection of photographs for viewing. Additional files are not available for purchase or viewing and any images not chosen by STUDIO will be deleted. Additional products may, however, be added at this time and are subject to current pricing.
3. SESSION DETAILS :
THE CLIENT agrees that they must provide the required time for photographs to be taken. STUDIO requires 4 hours for the session noted above. If THE CLIENT does not provide adequate time, they understand that STUDIO will not be able to provide the quality and quantity of photographs agreed upon at Contract signing, and will, therefore, not be able to complete these obligations. THE CLIENT understands that by not providing adequate time, THE PHOTOGRAPHER has the right to refuse to photograph the Boudoir Photography Session.
THE CLIENT must arrive on time to your appointment. To avoid a rushed shoot, or having to reschedule altogether, it is imperative that you arrive on time. If you are more than 15 minutes late to your appointment, you may be asked to reschedule. THE CLIENT agrees that if he/she is more than 20 minutes LATE for hair/makeup or 20 minutes LATE for the Boudoir Photography Session, it will be cancelled without monetary reimbursement, or THE CLIENT must pay a $500 reschedule fee to select a new date no later than 24 hours from the scheduled start time.
THE CLIENT agrees that STUDIO has the right to refuse to photograph the following, including, but not limited to; a particular location, time of day, any outfit or prop, based on technical and artistic merit. THE PHOTOGRAPHER has full artistic license in relation to photographs and session. THE CLIENT understands that if THE PHOTOGRAPHER does not allow props, they will not be used in any manner whatsoever.
THE CLIENT agrees that THE PHOTOGRAPHER will not be held liable if a particular photograph is not obtained when necessarily limited by guidelines or regulations, including but not limited to; hotel regulations, venue regulations, privacy regulations, legal restrictions, light, time, space, willingness of subject, artistic discretion, and weather. THE CLIENT agrees that STUDIO will abide by these guidelines and that they are outside of the control of THE PHOTOGRAPHER, who is not responsible for the impacts that these guidelines may have on resulting photographs.
THE CLIENT agrees that STUDIO is not responsible for providing items of clothing in a specific color, style or size that have previously appeared on social media platforms. All items from THE PHOTOGRAPHER'S collection are USE AT YOUR OWN DISCRETION and are limited to certain availability of size, shape, color and styles.
THE CLIENT understands that a Boudoir Photography Session requires certain movement and physical activity. THE CLIENT will not book a session if they are not able to follow simple movement requests and/or is injured. If THE CLIENT has any questions or concerns about these requirements, they will discuss and make sure they clearly understand before booking a session.
THE CLIENT agrees that they WILL NOT spray tan before session. This cannot be edited and STUDIO may refuse to photograph THE CLIENT'S session if their skin is photographing and/or appears too orange. THE CLIENT understands that this is a decision based strictly on editing and nothing else. If STUDIO chooses to move forward with the session, THE CLIENT understands that it may take longer for photos and/or products to be returned, as outsourcing of editing may be required. THE CLIENT agrees that an extra fee applies for this.
THE CLIENT agrees that STUDIO and STAFF are not liable for any loss, damage, or injury while on premise of the session. This includes hair and makeup application, destruction of personal property not limited to but including personal belongings, attire, physical body, or vehicle.
4. ARTISTIC RIGHTS and PROOFS :
The Photographer retains the right of selecting the images shown to the Client. The Photographer is under no obligation to show any minimum number of proofs. The Photographer will make every effort to show the maximum number of proofs from each session, but will make culling decisions to only show images in line with the quality of the portfolio. Any images culled out by the Photographer will not be shown or sold. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $25 per file. Unretouched proofs and/or RAW files are never sold.
5. AGE OF CONSENT, GUESTS, and SOBRIETY :
Only people age 18 or older are eligible for boudoir photography services. We do not permit guests during the photoshoot. We require the Clients undivided attention and find that guests are a distraction and delay the overall progress of the appointment. Guests under the age for 18 are never permitted. The photographer reserves the right to decline the presence of guests at any consultations or appointments. It is required that the Client arrives and remains sober for the duration of the scheduled session. Should it be determined the the Client is not sober at any point, the Photographer reserves the right to cancel the session immediately with no reschedule offered and the Session fee will be forfeited.
6. REVEAL & ORDERING APPOINTMENT :
THE PHOTOGRAPHER will make every attempt to hold the IMAGE REVEAL & ORDERING APPOINTMENT within 14 days following the photography session. Should the Client not be able to attend the Reveal & Ordering appointment in less than THIRTY (30) days following the scheduled session date, the Photographer will not hold proofs and cannot be held responsible for intentional or accidental deletion or corruption of files. Should the images no longer be available for the Client to view, the Client will not receive any full or partial refunds on any monies paid to the Photographer. Should for any reason the client choose to not make a purchase at their Reveal & Ordering appointment, all images will be immediately purged upon completion of the appointment and are not recoverable. Second Reveal & Ordering appointments are not available. Under no circumstances will the photographer hold images for longer than 30 days after the session should an Image Reveal & Ordering Appointment not take place.
7. FINAL SALE :
All sales are final. All monies collected by STUDIO are non refundable. No refunds will be given on the Session Fee or the Order. Once the Client places an order for physical and/or digital products, the order is final and may not be changed, altered, reduced, or cancelled. This stands for both payments in full and payment plans. No refunds will be given on products after the order has been placed. Pre Session Payment Plans are not refundable should the Client choose to cancel their session or place an order for an amount less than paid via the Pre Session Payment Plan. Should the Client choose to reverse payment, the Photographer will send a bill to Collections or pursue legal action to collect payment.
8. COMPLETION SCHEDULE :
Prints shall take 8 weeks from time of print order at your in person viewing to be processed and delivered to the Client. An expedited fee of 10% of the order total shall be applied to expedited product requests. The Photographer is not liable for delays due to manufacturing and/or shipping. All un-purchased images are subject to immediate deletion upon conclusion of the Reveal & Ordering appointment. Purchased images are subject to deletion thirty (30) days after final products have been received by the Client. Deleted images are not recoverable and proofs are not held for any reason.
9. ALBUMS, PRODUCTS and EDITING :
THE CLIENT understands that the Viewing and Ordering Session is the ONLY time they can order prints or products, and that any images not purchased at the Viewing and Ordering Session will be deleted immediately.
THE CLIENT agrees that album layouts are designed by THE PHOTOGRAPHER and are to be approved by THE CLIENT at the Viewing and Ordering appointment.
THE CLIENT agrees that all albums/products must be paid for in full before work will be started on them. Once payment is made, no refunds will be granted for any reason.
THE CLIENT agrees that they must view and approve the state of the album upon delivery. If there are any manufacturer defects, THE CLIENT agrees that he/she must return the album to THE PHOTOGRAPHER within [3] days of receipt for repair. THE CLIENT agrees that THE PHOTOGRAPHER and Third Party supplier are not at fault if the defect is self-inflicted by THE CLIENT or if they have not properly cared for the album or has caused purposeful damage in any way. Repair will not be covered for reasons including, but not limited to; if THE CLIENT has torn a page, dented the cover, broken the spine, spilled any items on the album or generally mistreated it. THE CLIENT agrees that if they are submitting the album back to THE PHOTOGRAPHER with a manufacturers' defect that the layout will not be changed in any way. Only the defect will be repaired.
THE CLIENT agrees that if they are choosing to sign off on the album design that zero revisions are included. Any revisions beyond this are subject to a redesign charge of $250 per redesign. THE CLIENT agrees that if they are letting THE PHOTOGRAPHER select the images for the album, the choices are at THE PHOTOGRAPHER'S discretion.
THE CLIENT agrees that the proofs received have been edited at the discretion of THE PHOTOGRAPHER. Any extra editing requests are subject to a service charge and at the discretion of THE PHOTOGRAPHER with right of refusal. It is at the discretion of THE PHOTOGRAPHER to not include a photo if it is not up to self-defined technical standards.
10. COPYRIGHT and USE OF IMAGES :
THE CLIENT agrees that if they give THE PHOTOGRAPHER permission to share photos online, THE PHOTOGRAPHER selects the images.
THE CLIENT agrees that THE PHOTOGRAPHER owns all images taken during the Boudoir Photography Session. THE CLIENT understands that the photos will not be posted, unless they give THE PHOTOGRAPHER permission by selecting their choice of release on the Model Release form after the session.
THE CLIENT agrees that if they select yes on the Model Release form after the session, THE PHOTOGRAPHER has full permission to display these images in locations including, but not limited to; online websites, blogs, in studio, online or printed promotional material, social media sites such as Facebook, Instagram, Pinterest and/or in any printed media. THE CLIENT can choose afterwards to have these photos removed and they will be removed if asked, with a 90-day buffer period to allow for adequate time to reverse the Model Release and remove all images.
THE CLIENT agrees that they do not have any claim to copyright, patent, or other ownership of the photographs. THE CLIENT understands that they have purchased the rights to share the images online or print the digital files only and that the images may not be altered/edited or cropped in any way.
THE CLIENT agrees that if they wish to submit the photos to an online or printed publication, they must obtain written consent from Maritime Boudoir Photography prior to doing so.
THE CLIENT agrees that no monetary gain may be acquired at any time from the sale of the images. This action is illegal and will result in legal action at the expense of THE CLIENT.
THE CLIENT agrees that all images must be sourced at all times. THE CLIENT understands that they may post images on sites including, but not limited to; Facebook, Twitter, Instagram, social forums, Pinterest and/or through use in emails and agrees that they will credit THE PHOTOGRAPHER every time they do so. Images posted to any online media platforms that are not sourced will be reported to the site and removed. Repeated failure to properly source images will result in legal action.
11. PRIVACY, CONFIDENTIALITY and LIABILITY :
THE CLIENT agrees that all information and documents given to him/her are the exclusive property of THE PHOTOGRAPHER and are confidential information. They may not be sold, shared or copied.
THE CLIENT acknowledges that THE PHOTOGRAPHER will not be held responsible for the final destination of the images if permission is given to share them for promotional purposes.
THE CLIENT agrees that by signing this contract they release THE PHOTOGRAPHER of any and all liability. THE CLIENT assumes all risk and has no legal recourse against THE PHOTOGRAPHER. This includes, but is not limited to; personal injury, loss of income, damage to personal items, emotional distress, illness, loss of property, paralysis or death, as well as negligence of THE PHOTOGRAPHER.
THE CLIENT agrees that while THE PHOTOGRAPHER will take all care, circumstances beyond THE PHOTOGRAPHER'S control could result in the loss, damage or failure of products and/or equipment. If image files are damaged, lost or corrupted, as deemed by THE PHOTOGRAPHER, liability shall not exceed a reshoot to take place within, but no later than, 90 days. No monetary reimbursement will be provided.
THE CLIENT agrees that they must back up the digital negatives once received. THE PHOTOGRAPHER is not responsible for the storage of the images after this time. THE CLIENT agrees that THE PHOTOGRAPHER is not responsible for updating the files as technology advances.
THE CLIENT agrees that THE PHOTOGRAPHER is not at fault or in any way liable if anyone else present at the session is hurt/injured at any time. This includes, but is not limited to; children, caregivers, additional family members or friends or persons of any nature.
THE CLIENT agrees that they are of legal age to participate in a Boudoir Photography Session. THE CLIENT understands it includes nudity and that they will be photographed wearing little and/or no clothing. THE CLIENT understands what a Boudoir Photography Session is, and is signing this Contract in full competency, without being coerced, influenced and of his/her own free will.
THE CLIENT agrees that the level of nudity they show during the Boudoir Photography Session is at their own discretion. THE CLIENT agrees that they will not do anything they are uncomfortable with and will speak up at the time if uncomfortable with a certain level of nudity or a pose.
THE PHOTOGRAPHER is a professional and shoots in a professional manner. THE CLIENT agrees that they will in no way hold THE PHOTOGRAPHER responsible or liable for sexual inappropriateness.
THE CLIENT may not hold the photographer, employees, or the company as a whole liable for any injury or illness pertaining to the session including any hair and makeup applications or use of the client wardrobe. The Client may not hold the photographer, employees, or the company as a whole liable for any items left at the studio, building, parking lot, or damage/theft to vehicle while on premise. The Client may not hold the photographer, employees, or the company as a whole liable for any injury or loss during the travel to or from the shoot location or studio.
12. REFUNDS AND NON DISCLOSURE AGREEMENT :
Should the Client receive a refund for any reason whatsoever, the Client agrees to not leave any negative reviews or comments on any websites, forums, or social media, etc. The Client agrees with this term both in conjunction with the signing of this agreement as well as acceptance of the refund. Should the client not withstand this agreement, legal action will be pursued by the Photographer.
13. LIMIT OF LIABILITY :
Client acknowledges and understands that the Photographer cannot guarantee that any specific photo will be taken. The Photographer(s) cannot be held liable for factors over which they have no control. Although utmost care will be taken with digital files, the company limits any liability for loss, damage, injury, or failure to deliver pictures for any reason, to the return of payments made. The limit of liability for a partial loss of digital files shall be a prorated amount of the images lost based on the percentage of total number of images.
THEREFORE, the parties state, by their own free will, that they have read and accepted all of the Terms and Conditions stipulated in this Contract, including:
14. FORCE MAJEURE :
STUDIO shall not be liable for its failure to fulfill its obligation under this Agreement, if such failure is due, but not limited to; an act of God, extreme weather conditions, inevitable accident, fire, lockout, strike or other labour dispute, riot or civil commotion, act of public enemy, rule of any government or governmental instrumentality (whether federal, state, local or foreign), failure of technical facilities, pandemic, failure or delay of transportation facilities, or any other cause of a similar or different nature not reasonably within reasonable control.
The below signature field is for the business owner.