Boudoir Contract

Your Company's Boudoir Contract

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INSERT CONTRACT CONTENT HERE

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INSERT CONTRACT CONTENT HERE

INSERT CONTRACT CONTENT HERE

INSERT CONTRACT CONTENT HERE

INSERT CONTRACT CONTENT HERE

INSERT CONTRACT CONTENT HERE

Boudoir Client Contract

Hello and thank you for hiring me to photograph you! Please read through and electronically sign this contract within 24 hours to complete your booking. Signature and submit button are located at the bottom of contract.

Due to the nature of this work involving mature content that is actual or implied, I must gather information to be federally 2257 compliant. This means that I must have information on file such as: one current form of legal ID to confirm that you are over 18 years old, all legal names including current and past, and any stage names used. This information will remain private and will not be shared outside of my business unless court ordered. 

Your Session Experience Information:

Client Agreement:

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 and/or Erotica Photography Session. THE CLIENT understands all Terms and Conditions and accepts responsibility for signing said Contract. The Client acknowledges that they will be attending the Boudoir and/or Erotica 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 and/or Erotica 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 investment menu for product pricing. Failure to comply with any studio policies will result in forfeiture of retainer, travel fees, session fee, customization fees, as well as any prepayments made for services. The photographer's rates as well as the price of physical products, collections, and digital files are not negotiable.


1. Scope of Work:

PHOTOGRAPHER and CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location which must be confirmed by the CLIENT 7 days prior to the photoshoot, or the session will be canceled in accordance with the cancellation policy. 

2. Retainer and payment:

RETAINER AND PAYMENTS: Within 72 hours of signing this contract the Client shall make a non-refundable booking retainer including any associated travel fees 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 and payment of booking retainer 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 even if the date is changed or if the session becomes canceled for any reason. 

In order to book a session, the Client must have a credit card on file with STUDIO in the event that any charges i.e. Cancellation Fee must be applied. Please contact us to ensure a card is on file. If a valid card is not on file, your session may be terminated.


Additional service selections must be chosen and paid in full no later than 2 weeks before the session date and are at the PHOTOGRAPHER's discretion to approve based on time, location, CLIENT/S involved, and availability. No services will be provided until full payment is received.

Retainer FEE: The Retainer Fee is NOT REFUNDABLE for any reason once paid, under no circumstances will the Retainer Fee be refunded. If the Client splits the Retainer 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 digital or physical products are included in the cost of the Retainer Fee. All products, 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 retainer fee is  $600, unless discounts or sales are applied on the invoice. The retainer fee does not include any images, video, or luxury products whatsoever. 


I have been educated on the investment and understand that the cost for an album begins at $799.


PHOTOGRAPHER’S STANDARD PRICE LIST: The charges in this Contract are based on the Photographer’s Standard Price List. The price list was discussed between THE PHOTOGRAPHER and THE CLIENT prior to booking the session. The Photographer provided the Client with starting prices verbally over the phone or via text, email, website page, or client guide prior to accepting payment for the Session Retainer Fee, to ensure that the Client approves and understands generalized investment for product purchases. Contents included in any package are not redeemable as cash or as a deduction from package price. All purchases over the amount included will be billed to Client. Products are subject to availability from the manufacturer. Client will only receive images that are purchased, all unpurchased images are immediately archived upon completion of the Reveal & Ordering appointment.

Cancellations, Reschedules, Terminations and Refunds :

Both parties agree that this contract is conditional upon THE CLIENT fulfilling all 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 CLIENT or other party associated with CLIENT is engaged in behavior including, but not limited to; illegal actions, substance abuse, belligerent, inappropriate, or disruptive behavior as deemed by THE PHOTOGRAPHER. THE PHOTOGRAPHER may terminate this contract at any time, 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 cancellation must be in writing. No monetary reimbursement will be provided. The session will not be rescheduled.


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, Act of God, or similar catastrophe, THE CLIENT will not receive a refund, instead a full credit for a Boudoir and/or Erotica Photography Session, to be used within 6 months time.  If the PHOTOGRAPHER is unable to photograph the session the PHOTOGRAPHER has the right to choose a substitute photographer who will be chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.  


The CLIENT agrees that any changes made to location, date, and time of the session must be agreed upon by both the PHOTOGRAPHER and the CLIENT. The CLIENT understands that any changes made prior to the session for location, date, and time made by the PHOTOGRAPHER is made with the intent to get the best images possible for the CLIENT and that new travel fees may be required that are due immediately upon agreement of the change. A new contract must be signed to reflect these changes. The CLIENT is aware that if the PHOTOGRAPHER stays longer than the allotted session time, the CLIENT will be billed at $100 per hour charged automatically to the card on file. 


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, in addition to any travel fees and/or additional expenses of the PHOTOGRAPHER that cannot be transferred to the new session date or recouped if the session is canceled. 


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, in addition to any travel fees and/or additional expenses of the PHOTOGRAPHER that cannot be transferred to the new session date or recouped if the session is canceled. 


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, in addition to any travel fees and/or additional expenses the PHOTOGRAPHER has incurred in preparation for the session of the CLIENT. This fee also applies to any cancellations within 72 hours of the scheduled start time for the shoot, the CLIENT failing to arrive on time, the CLIENT breaking the contracted terms, or for a cancellation due to the CLIENT not responding to the final confirmation within 7 days of the session. All payments made to PHOTOGRAPHER will be forfeited and released to PHOTOGRAPHER unconditionally upon cancellation of the CLIENT session, no reschedules will be offered.


If the Client did not respond to the final confirmation from the PHOTOGRAPHER within 7 days of their session and the PHOTOGRAPHER has tried 2 different forms of contact, the PHOTOGRAPHER has the right to consider the session canceled and has the right to not show up at the appointed location and time. The PHOTOGRAPHER will charge the $500 cancellation fee to the card on file plus applicable further fees without further notice even if the client later arrives at the appointed location on time. The Client understands that by not responding to the final confirmation from the PHOTOGRAPHER within 7 days of the session, the PHOTOGRAPHER will mark the session as canceled by the CLIENT.


Any CLIENT that is late arriving to the session will have the remaining amount of time allotted for the session as long as contact has been made and the PHOTOGRAPHER is in agreement to wait for the CLIENT to arrive. All additional time beyond the scheduled end time will be billed to the CLIENT at $100 per hour to be paid immediately at the time of extension. The PHOTOGRAPHER has the right to refuse all time extension requests. If no contact has been made between the Client and the PHOTOGRAPHER within 15 minutes of the session starting time and the Client has still not arrived the PHOTOGRAPHER has the right to consider the session canceled and charge the Client's card on file a $500 cancellation fee plus additional applicable fees without further notice.


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. The CLIENT agrees that any travel fees and/or additional expenses that cannot be transferred to the new session date must be paid by the CLIENT within 48 hours of the reschedule request.


For all reschedule requests, the PHOTOGRAPHER will be entitled to retain all amounts currently paid under this contract. 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 off of the most current price list.  If the session location is not in the STUDIO, and the session cannot be rescheduled by the PHOTOGRAPHER and/or CLIENT, cancellation fees will be applied in accordance with this contract and no refunds will be given. 



Exceptions to these policies will apply only to the following and will require documentation to reverse any fees applied:

* Hospitalization of self or immediate family

* Diagnosed illness, injury, flu, fever

Reschedules of the Image Reveal & Ordering Appointment will have a $50 fee applied per reschedule, the first being complimentary


 Payment Schedule and Fees :

THE CLIENT agrees that the paid retainer 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 the CLIENT 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 to have the total pre-session payment amount due paid within 30 days of signing this contract or a contracted pre-session payment plan in place. The minimum pre-session payment amount due is $500. Failure to do so will result in the cancelation of the session with no refund.


THE CLIENT agrees that if the retainer or any payments are deemed NSF, the CLIENT is responsible for a $50 SERVICE FEE. THE CLIENT agrees that the CLIENT photos will not be edited 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 the CLIENT may add additional items at any time to the CLIENT Pre-payment Contract, subject to current pricing, but may not remove items from the Pre-payment Contract once it has been signed. THE CLIENT understands that the CLIENT is responsible for paying for the items selected on the Pre-payment Contract. If THE CLIENT fails to pay for selected items, STUDIO does not have to provide THE CLIENT with any images, physical products, 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 the CLIENT 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 archived. Additional products may, however, be added at this time and are subject to current pricing.

In the event that payment is dishonored after payment has been made, the session is subject to be canceled in accordance with the cancellation policy and/or no products shall be completed or released until a substitute full payment is made and clear funds have been received. If the payment is dishonored, there will be a fee of $500 charged to the card on file.

The CLIENT understands that any pre-payment made by the CLIENT towards an investment is non-refundable or transferable for any reason. In the case of a reschedule, the amount paid will be transferred to the new PHOTOSHOOT to be completed no later than 6 months of the original PHOTOSHOOT date. The CLIENT understands there will be no reimbursement for any session that is canceled or not rescheduled within the 6 month time frame. The CLIENT understands that if the PHOTOSHOOT is canceled or terminated early for any reason, no reimbursements will be given and there will be no reschedule date. 

If the CLIENT pursues legal action due to non-delivery of pre-paid products or services from the PHOTOGRAPHER, the CLIENT will do so at the expense of the CLIENT and the CLIENT will also be responsible for all court related expenses of the PHOTOGRAPHER and/or associates of the PHOTOGRAPHER. The CLIENT understands that the PHOTOGRAPHER will make reasonable effort to ensure that all pre-payment products are delivered in full in accordance with this contract. The CLIENT understands that it is the responsibility of the CLIENT to arrive at the scheduled PHOTOSHOOT for this contract so the PHOTOGRAPHER can provide services required to complete pre-payment orders. 

 


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.

 


 REVEAL & ORDERING APPOINTMENT:  THE PHOTOGRAPHER will make every attempt to hold the IMAGE REVEAL & ORDERING APPOINTMENT within 14 days following the photography session for the image reveal & ordering appointment. Should the Client not be able to attend the Reveal & Ordering appointment in less than FOURTEEN (14) 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 and no additional session will be offered. Should for any reason the client choose to not make a purchase at their Reveal & Ordering appointment, all images will be immediately archived upon completion of the appointment. 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.


Pricing and Products:

FINAL SALE: All sales are final. All monies collected by STUDIO are non refundable. No refunds will be given on the Session Fee, Pre-payment plan or the Final 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 canceled. 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.


COMPLETION SCHEDULE: Physical products shall take 8 weeks from the date the order form contract is signed 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 archival upon conclusion of the Ordering appointment. Purchased images are subject to archival thirty (30) days after final products have been received by the Client. There is a $500 archival fee.


If the PHOTOGRAPHER is unable to deliver photographic and/or video materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged property, the PHOTOGRAPHER will not be liable for any consequential loss arising from the non-delivery, and the liability of the PHOTOGRAPHER to the CLIENT should be limited to another session under this agreement. The CLIENT and PHOTOGRAPHER will come to the agreement of a new date and time within 3 weeks of the original session date if this should occur. 


Albums, Products and Editing:

THE CLIENT understands that the Ordering Appointment is the ONLY time they can order prints or products, and that any images not purchased at the Ordering Appointment will be archived immediately.

THE CLIENT agrees that album layouts are designed by THE PHOTOGRAPHER and are to be approved by THE CLIENT virtually after the Ordering Appointment.   

THE CLIENT agrees that all albums/products must be paid for in full and the Order Form Contract signed before work will be started on them. Once payment is made, no refunds will be granted for any reason.THE CLIENT agrees that CLIENT must view and approve the state of digital and physical products upon delivery. If there are any manufacturer defects, THE CLIENT agrees that the CLIENT must return the products to THE PHOTOGRAPHER within [3] days of receipt for repair or replacement. The CLIENT agrees that if the product is not returned to the PHOTOGRAPHER within 3 days for repair that it will be assumed that the product is up to acceptable quality standards. 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 the CLIENT has not properly cared for the product 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 product, broken the spine, dropped the product, stored the product incorrectly, spilled any items on the product or generally mistreated it. THE CLIENT agrees that if the CLIENT is submitting the product 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 the CLIENT is choosing to sign off on the album design or custom product creation that zero revisions are included. Any revisions beyond this are subject to a redesign charge of $50 per redesign. THE CLIENT agrees that if the CLIENT is letting THE PHOTOGRAPHER select the images for the album or product, 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.

The CLIENT agrees that any products the CLIENT chooses to have made through 3rd Party Vendors not ordered by the PHOTOGRAPHER are not guaranteed by the PHOTOGRAPHER and the PHOTOGRAPHER is not liable for any discolorations or flaws of any sort. The PHOTOGRAPHER only guarantees products ordered by the PHOTOGRAPHER. The PHOTOGRAPHER will not revise any images or video to suit another company's delivery of products. No reimbursement will be made to the CLIENT if the CLIENT chooses to not order through the PHOTOGRAPHER. 

 

The CLIENT agrees digital and physical products may be outsourced by the PHOTOGRAPHER and will not be finalized until the final payment is made. Images viewed during the ordering appointment will only have light edits completed on them, final edits may not begin until the final payment is made. After the final payment is made, the PHOTOGRAPHER will have up to 4 weeks to deliver digital products via an online digital gallery. Physical products will not be created or ordered until the investment has been paid in full and can take up to 8-weeks to arrive after the final payment and/or product approval is made by the CLIENT. The PHOTOGRAPHER is not responsible for any delays in shipping or production once the order has been placed and there will be no reimbursement for extended delivery times. The PHOTOGRAPHER will notify the CLIENT in writing if it comes to the attention of the PHOTOGRAPHER the product will be delayed past the 8-week time period. 

The CLIENT agrees that all digital products must be downloaded from the online gallery within 7 days of delivery. After 7 days, the gallery will be archived. The CLIENT understands that once the online gallery is uploaded, the digital products have been delivered and the order has been fulfilled from the PHOTOGRAPHER. It is not the PHOTOGRAPHER's responsibility to store the CLIENT's images and/or videos after delivery and digital products can be achieved by the PHOTOGRAPHER at any time after delivery with no reimbursement.  A retrieval fee of $500 will be due to re-upload the gallery. Retrieval of archived galleries is not guaranteed by the PHOTOGRAPHER. 

 

The CLIENT agrees that any digital images will have 24 hours from delivery for the CLIENT to request limited revisions to alter: total image coloration, crops, or remove any temporary markings on skin, this does not apply to discoloration, anything applied to skin or hair, scars, sunburns or tan lines, and body composition and will only be done once. Any further or extensive editing will be billed at $100 per hour with a minimum of one hour. The CLIENT understands that if the requested edit is too extensive for the PHOTOGRAPHER to complete, it is up to the PHOTOGRAPHER's discretion to offer outsourcing for the revisions at the CLIENT's expense. The CLIENT understands that the PHOTOGRAPHER will only deliver edited images that are up to the PHOTOGRAPHER's professional standards and the PHOTOGRAPHER has the right to refusal for all revision and/or editorial requests with no reimbursement made.   

 

The CLIENT agrees that all physical products must be picked up or have a shipping address provided. The CLIENT agrees that a final confirmation of shipping address must be confirmed before any products are shipped. Any products not shipped or picked up within 7 days of arrival are not the responsibility of the PHOTOGRAPHER and the PHOTOGRAPHER is under no obligation to store them. No monetary reimbursement will be made to the CLIENT if products are damaged or thrown away after the 7 day period nor will products be re-ordered at the PHOTOGRAPHER's expense. Any re-orders will be purchased by the CLIENT at the current prices and must be shipped to the CLIENT at the address provided.  

 

In the event that any payment is dishonored after payment has been made, a $500 additional charge per incident will be due immediately and no products shall be delivered until a substitute full payment is made and clear funds have been received. In the event that payment is dishonored after final payment has been made and digital and/or physical products have been ordered or delivered for the CLIENT, a full investigation will be done. If a substitute full payment is not made within 72 hours, including the $500 fee, and clear funds have not been received by the PHOTOGRAPHER, charges will be filed against the CLIENT in accordance with the law and all court expenditures for the PHOTOGRAPHER will be the responsibility of the CLIENT with no exceptions. 

 

The CLIENT understands that any screenshots, images and/or video taken by the CLIENT during the ordering appointment or session will be considered stolen goods by the PHOTOGRAPHER. Any watermarked and/or not paid for images and/or video taken by the CLIENT are stolen goods and an invoice will be sent immediately to the CLIENT to be paid within 48 hours or charges will be filed against the CLIENT in accordance with the law and all court expenditures for the PHOTOGRAPHER will be the responsibility of the CLIENT with no exceptions. 

 


Session Details:

THE CLIENT agrees that the CLIENT must provide the required time for photographs to be taken. STUDIO requires 4 hours if hair and makeup is included, otherwise the photographer requires one hour and thirty minutes unless otherwise stated in writing from the photographer. 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 or Erotica Photography Session.

THE CLIENT must arrive on time to your appointment.  Sometimes shoots are scheduled back-to-back, and 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 the CLIENT is more than 20 minutes LATE for hair/makeup or 20 minutes LATE for the Session, it will be canceled 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 sessions. 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, photographic equipment, another person or animal, 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 or Erotica Photography Session requires certain movement and physical activity. THE CLIENT will not book a session if the CLIENT is not able to follow simple movement requests and/or is injured. If THE CLIENT has any questions or concerns about these requirements, the CLIENT will discuss and make sure the CLIENT clearly understands before booking a session.

THE CLIENT agrees that the CLIENT  WILL NOT spray tan or use artificial tanners before the session. This cannot be edited and STUDIO may refuse to photograph THE CLIENT'S session if the CLIENT 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 at the CLIENT expense.

THE CLIENT agrees that STUDIO and STAFF are not liable for any loss, damage, or injury while on premise of the session including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER or STAFF. This includes hair and makeup application, destruction of personal property not limited to but including personal belongings, attire, physical body, or vehicle. This clause also applies to any person or animal there on behalf or by request of the CLIENT.


CONDUCT

CLIENT will be responsible for any damages and/or stolen property that occur at the location of the session if the CLIENT is at fault. The CLIENT will also be responsible for any legal action pursued by the PHOTOGRAPHER or third parties at the CLIENT's expense. If the PHOTOGRAPHER has legal action brought against them by third parties of the session, the CLIENT will be responsible for any related court costs. The CLIENT will also be responsible for the PHOTOGRAPHER's and/or associates' property that is damaged and/or stolen at the fault of the CLIENT. The CLIENT will be responsible for all repairs and/or replacements associated with the incident the damages occurred. If the item is not replaceable to the PHOTOGRAPHER, the PHOTOGRAPHER will give the item a monetary value in accordance with the value of the item to the PHOTOGRAPHER or the PHOTOGRAPHER's business. The cost of all damaged items will be charged to the CLIENT's card of file without notice or must be paid in full within 48 hours of receiving an invoice. 

 

PHOTOGRAPHER reserves the right to terminate all services listed in this contract if the PHOTOGRAPHER or associates of the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from the CLIENT or anyone associated with the CLIENT or the CLIENT's chosen location before, during, or after the PHOTOSHOOT; or in the event that the safety of the PHOTOGRAPHER or associates of the PHOTOGRAPHER is in question without warning, or if the PHOTOGRAPHER feels the CLIENT is under the influence of drugs or alcohol. If this should occur before the session begins, the session will immediately be terminated and a cancellation fee of $500 will be charged to the CLIENT's card on file with no notice or an invoice sent due immediately. If this should occur after or during the session taking place the PHOTOGRAPHER has the right to refuse an ordering appointment from the CLIENT. The PHOTOGRAPHER will make one effort to have the CLIENT choose their products in accordance with the package the CLIENT purchases. If no products are delivered by the PHOTOGRAPHER due to the CLIENT not making their required package selections within 14 days or due to the CLIENT conducting themself in a manner consistent with this clause, no reimbursement will be made to the CLIENT from the PHOTOGRAPHER. If the CLIENT pursues legal action due to non-delivery of purchased products or services from the PHOTOGRAPHER due to actions listed under this clause, the CLIENT will do so at the expense of the CLIENT and the CLIENT will also be responsible for all court related expenses of the PHOTOGRAPHER and/or associates of the PHOTOGRAPHER. 

 

PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the session with no warning and/or remove the CLIENT from the location of the session if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from anyone at the session; or in the event that the safety of the PHOTOGRAPHER or associates of the PHOTOGRAPHER is in question without warning. The PHOTOGRAPHER reserves the right to terminate this contract if at any time the PHOTOGRAPHER feels the CLIENT is not conducting themselves appropriately, participates in any form of genital penetration or other sexual behavior without permission granted by the PHOTOGRAPHER before the PHOTOSHOOT, the CLIENT does not immediately stop when asked or when the safe word and/or gesture is done when performing an agreed upon act, or is under the influence of mind-altering substances. If the PHOTOGRAPHER leaves the session or the CLIENT is removed from the location in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to the CLIENT. No reshoots will be offered if the CLIENT or PHOTOGRAPHER must leave under this clause. If the CLIENT pursues legal action due to non-delivery of purchased products or services from the PHOTOGRAPHER due to actions listed under this clause, the CLIENT will do so at the expense of the CLIENT and the CLIENT will also be responsible for all court related expenses of the PHOTOGRAPHER and/or associates of the PHOTOGRAPHER.


Permissions and permits:

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the session if the location is not in the studio of the PHOTOGRAPHER. PHOTOGRAPHER has no duty to obtain permission or pay additional photography related fees of reception centers, churches, buildings, properties, national parks or other locations. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the PHOTOGRAPHER, or which prevent the PHOTOGRAPHER from photographing or taking video during the session is not the fault, liability, or responsibility of the PHOTOGRAPHER and CLIENT agrees: To pay to the PHOTOGRAPHER an amount equal to any fine or court fees which may be imposed upon PHOTOGRAPHER as a result of the CLIENT’s failure to obtain any required permission, and not to make any claim (including a claim for the repayment of any money paid under this agreement) arising out of or connected with any failure on the part of CLIENT to obtain any required permission.


Exclusive Photographer:

CLIENT agrees and understands that no other party other than PHOTOGRAPHER and the PHOTOGRAPHER'S assistant may take pictures or video of any poses, lighting situations, or setups made by the PHOTOGRAPHER. This slows down the PHOTOGRAPHER’S work and violates the PHOTOGRAPHER’S intellectual property in the composition of pictures or video of the PHOTOSHOOT. CLIENT agrees to do all things reasonably requested by PHOTOGRAPHER to ensure that no person(s) get in the way of the PHOTOGRAPHER or take pictures or video in these situations. The CLIENT understands that any person taking pictures of video during the session that is not employed by the PHOTOGRAPHER will be asked to stop and/or leave immediately. If the action is not stopped and/or the person asked to leave refuses, the remainder of the session will be canceled with no reparations or reschedules given to the CLIENT by the PHOTOGRAPHER.


 Copyright and Model Release:

PHOTOGRAPHER shall own the copyright in all images and/or video created and shall have the exclusive right to make reproductions for, including but not limited to, portfolio entries, sample products, or for display within or on the Photographer’s website, social media and/or studio unless otherwise stated in this contract. 

CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by PHOTOGRAPHER which is consistent with this agreement. It is understood that any duplication or alteration of original images and/or video is strictly prohibited without the written permission of the PHOTOGRAPHER.

Copyright and Use of Images:

THE CLIENT agrees that if the CLIENT gives THE PHOTOGRAPHER permission to share digital or physical products online, THE PHOTOGRAPHER selects the images. 

THE CLIENT agrees that THE PHOTOGRAPHER owns all images taken during the Boudoir or Erotica Photography Session. THE CLIENT understands that the photos will not be posted, unless the CLIENT gives THE PHOTOGRAPHER permission.


THE CLIENT agrees that the CLIENT does not have any claim to copyright, patent, or other ownership of the photographs. THE CLIENT understands that the CLIENT has 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 the CLIENT wishes to submit the photos to an online or printed publication or competition, the CLIENT must obtain written consent from The Meraki Allure Photography Inc. 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. If the CLIENT intents to sell any work created by The Meraki Allure Photography Inc. in digital or physical form the request must be made in writing by the CLIENT and the STUDIO has the right to refuse the request, accept the request with conditions, and/or require additional commercial fees. If it is found that work created by The Meraki Allure Photography Inc. has been sold by the CLIENT without permission, all known work sold will be charged to the card on file immediately with commercial fees of $500 per digital or physical product sold. 

THE CLIENT agrees that all images must be sourced at all times. THE CLIENT understands that the CLIENT may post images on sites including, but not limited to; Facebook, Twitter, Instagram, social forums, Pinterest, FetLife, and/or through use in emails and agrees that the CLIENT will credit THE PHOTOGRAPHER every time the CLIENT does 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.


Privacy, Confidentiality and Liability:

THE CLIENT agrees that all information and documents given to the CLIENT 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 the CLIENT releases 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 the CLIENT 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 the CLIENT is of legal age to participate in a Boudoir Photography Session. THE CLIENT understands it includes nudity and that the CLIENT will be photographed wearing little and/or no clothing. THE CLIENT understands what a Boudoir or Erotica 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 the CLIENT shows during the Boudoir or Erotica Photography Session is at the CLIENT’s own discretion. THE CLIENT agrees that the CLIENT will not do anything the CLIENT is uncomfortable with and will speak up at the time if uncomfortable with a certain level of nudity, use of prop, or a pose.

THE PHOTOGRAPHER is a professional and shoots in a professional manner. THE CLIENT agrees that the CLIENT 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.


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.

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 verbally or written on any websites, forums, or social media, or in person 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.

AGE OF CONSENT, GUESTS, and SOBRIETY:  Only people age 18 or older are eligible for boudoir or erotica photography services. We do not permit guests. 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 of 18 are never permitted. The photographer reserves the right to decline the presence of guests at any consultations or appointments. Only people aged 21 or older will be allowed to consume alcohol prior to or during the photography services. It is required that the Client arrives and remains sober for the duration of the scheduled session. Should it be determined that 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 as well as any pre-payments will be forfeited.


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:

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 labor 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.



I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns. 


Credit Card Authorization Form

Your card will not be charged when you click submit on this contract. This auth form is simply permission for this card to be used for the retainer and any additional payments made in regards to your experience!

Please complete all fields. You may cancel this authorization at any time by contacting me. This authorization will remain in effect until cancelled. The Meraki Allure Photography Inc. requires a minimum of one card to be kept on file at all times. If a new card needs to be added or exchanged, a new authorization form needs to be filled out.

I authorize The Meraki Allure Photography Inc. and Square to charge my credit card above for agreed upon purchases. I understand that my information will be saved to file for future transactions on my account.

The CLIENT acknowledges that the CLIENT over 18 years old and is signing this contract of their own free will, the CLIENT is of sound mind with the legal ability to sign this contract, the CLIENT is not on any illegal or legal drugs, alcohol, and/or medications that would nullify this contract at the time of signing, and legible photo identification must be submitted to the PHOTOGRAPHER with this contract.

I am so excited to make your session experience official; thank you for choosing me to be your photographer!