CONTRACT
INDEPENDENT CONTRACTOR AGREEMENT
1. SERVICES AND COMPENSATION
1.1 Services.
Subject to the terms and conditions of this Agreement and at Company’s request and direction, Contractor will perform for Company the services (“Services”) described in the document entitled “[[Title of Document]]” attached hereto as Exhibit A and incorporated in its entirety herein (the “Expectations”). Contractor acknowledges the Contractor has received, understands and agrees to the Expectations and further agrees that Company may amend the Expectations by providing notice to Contractor pursuant to Section 6.3 below.
1.2 Compensation
As consideration for Contractor’s proper performance of the Services, Company will pay Contractor the compensation set forth in the Expectations. Contractor acknowledges that Contractor will receive an IRS Form 1099-MISC from the Company, and that Contractor shall be solely responsible for all federal, state, and local taxes.
1.3 Independent Contractor
It is the express intention of the parties that Contractor perform the Services as an independent contractor. Nothing in this Agreement will in any way be construed to constitute Contractor as an agent, employee, or representative of Company. Without limiting the generality of the foregoing, Contractor is not authorized to bind Company to any liability or obligation or to represent that Contractor has any authority. Contractor must furnish (or reimburse Company for) all tools and materials necessary to accomplish this contract, and will incur all expenses associated with performance, except as expressly provided for in the Expectations.
1.4 Benefits
Contractor acknowledges that neither Contractor nor Contractor’s employees, if any, will receive benefits from Company either as a Contractor or employee. Any persons employed or engaged by Contractor in the connection with the performance of the Services shall be Contractor’s employees or contractors and Contractor shall be fully responsible to them and indemnify the Company against any claims made by or on behalf of any such employee or contractor.
2. TERM AND TERMINATION
2.1 Term of Termination
This Agreement commences on the Effective Date and will continue until termination as provided below. Company may terminate this Agreement by giving two weeks prior written notice to Contractor. Company may terminate this Agreement immediately and without prior notice if Contractor refuses to or is unable to perform the Services, is in breach of any material provision of this Agreement, or Company is dissatisfied with the quality of Contractor’s work.
2.2 Survival
Upon termination, all rights and duties of the parties toward each other cease except that: (a) within 30 days of the effective date of termination, Company will pay all amounts owing to Contractor for Services or Contractor will return to Company any amount paid to Contractor as a retainer that is not owed against Services; and (b) Sections 1.3, 1.4, 2, 3, 4, 5 and 6 survive termination of this Agreement.
2.3 Return of Materials
Upon the termination of this Agreement, or upon Company’s earlier request, Contractor will deliver to Company all of Company’s property and Confidential Information (as defined in Section 3.1) that is in Contractor’s possession or control.
3. CONFIDENTIALITY AND OWNERSHIP
3.1 Definition
“Confidential Information” means any non‑public information that relates to the actual or anticipated business of Company and any proprietary information, trade secrets, and know‑how of Company that is disclosed to Contractor by Company, directly or indirectly, in writing, orally, or by inspection or observation of tangible items. Confidential Information includes, but is not limited to products, services, customer lists, customer names, development plans, inventions, ideas, processes, data, designs, techniques, marketing, finances, budgets, prices and costs, business plans, and other business information. Confidential Information is the sole property of Company.
3.2 Nondisclosure and Nonuse
Contractor will not, during and after the term of this Agreement, disclose the Confidential Information to any third party or use the Confidential Information for any purpose (including without limitation any competitive activities or circumvention of Company in independently pursuing the business opportunities contemplated by the Confidential Information) other than the performance of the Services on behalf of Company.
3.3 Assignment
All works of authorship, designs, inventions, improvements, developments, discoveries, and trade secrets conceived, made, or discovered by Contractor during the period of this Agreement or with respect to any period prior to this Agreement in which Contractor was performing Services to Company, solely or in collaboration with others, that relate in any manner to the business of Company (collectively, “Inventions”) will be the sole property of Company throughout the world. In addition, Inventions that constitute copyrightable subject matter will be considered “works made for hire” as that term is defined in the United States Copyright Act. To the extent that ownership of the Inventions does not by operation of law vest in Company, Contractor will assign (or cause to be assigned) and does hereby irrevocably assign fully to Company all right, title, and interest in and to the Inventions, including all related intellectual property rights. To the extent any copyrights are assigned under this Section 3, Contractor hereby irrevocably waives in favor of the Company, to the extent permitted by applicable law, any and all claims Contractor may now or hereafter have in any jurisdiction to all rights of paternity or attribution, integrity, disclosure, and withdrawal and any other rights that may be known as “moral rights” in relation to all work product to which the assigned copyrights apply.
3.4 Further Assurances
Contractor will assist Company and its designees in every proper way to secure Company’s rights in the Inventions and related intellectual property rights in all countries.
4. INDEMNIFICATION
4.1 Indemnification
Contractor will indemnify, defend, and hold harmless Company and its directors, officers, managers, members, investors and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any negligent, reckless, or intentionally wrongful act of Contractor or Contractor’s assistants, employees, or agents, if any, (b) any breach by Contractor or Contractor’s assistants, employees, or agents, if any, of any of the covenants, warranties, or representations contained in this Agreement, (c) any failure of Contractor to perform the Services in accordance with all applicable laws, rules, and regulations, or (d) any violation or claimed violation of a third party’s rights resulting in whole or in part from Company’s use of the work product of Contractor under this Agreement.
5. CONSENT TO PERSONAL JURISDICTION; WAIVER OF JURY TRIAL; EQUITABLE RELIEF
5.1 Consent to Personal Jurisdiction
Contractor hereby expressly consents to the exclusive personal jurisdiction of the state and federal courts located in HQ State for any lawsuit filed there against Contractor by the Company arising from or relating to this Agreement.
5.2 Waiver of Jury Trial
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS.
5.3 Equitable Remedies
Contractor understands and agrees that its breach or threatened breach of this Agreement will cause irreparable injury to Company and that money damages will not provide an adequate remedy for such breach or threatened breach, and Contractor hereby agrees that, in the event of such a breach or threatened breach, Company will also be entitled, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief and specific performance. Company’s rights under this Agreement are cumulative, and Company’s exercise of one right shall not waive Company’s right to assert any other legal remedy.
6. MISCELLANEOUS
6.1 Services and Information Prior to Effective Date; Conversion to Employment. All services performed by Contractor and all information and other materials disclosed between the parties prior to the Effective Date will be governed by the terms of this Agreement, except where the services are covered by a separate agreement between Contractor and Company. In the event that the Contractor or any employee of the Contractor becomes an employee of Company, the obligations of the Contractor in this Agreement shall continue with respect to such individual and the term of this Agreement shall continue through the termination of such employment.
6.2 Non-Assignment and No Subcontractors
Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by Contractor, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Contractor may not utilize a subcontractor or other third party to perform its duties under this Agreement without the prior written consent of Company. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. Any assignment in violation of the foregoing will be null and void.
6.3 Notices
Any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be:-
(a) delivered in person,
(b) sent by first class registered mail, or air mail, as appropriate, or sent by overnight air courier, in each case properly posted and fully prepaid or
(c) by electronic mail, in each case to the appropriate address as set forth below.
Either party may change its address for notices by notice to the other party given in accordance with this Section. Notices will be deemed given at the time of actual delivery in person, three business days after deposit in the mail as set forth above, one day after delivery to an overnight air courier service or when sent via electronic mail.
6.4 Waiver
Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed as a waiver of the party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice the party’s right to take subsequent action. Exercise or enforcement by either party of any right or remedy under this Agreement will not preclude the enforcement by the party of any other right or remedy under this Agreement or that the party is entitled by law to enforce.
6.5 Severability
If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, the parties will endeavor in good faith to agree to amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on an amendment, the invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
6.6 Miscellaneous
This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. The internal laws of the HQ State, but not the choice of law rules, govern this Agreement. This Agreement and all exhibits contain the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.
This Agreement may be amended only by a writing signed by both parties
(electronic mail being sufficient).
Untold Boudoir
2408 Pelham Parkway, Pelham AL 35124
(205) 310-7703
hello@untoldboudoir.com
By signing this Contract, THE CLIENT acknowledges that he/she has 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 herby 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 photographers 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 time 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 cancelled for any reason.
• In order to book a session, the Client must have a credit card on file with Untold Boudoir 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.
• SESSION FEE:
The Session Fee is NOT REFUNDABLE. 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.
• The session fee is $299, unless discounts or sales are applied on the invoice. The session fee does not include any images whatsoever.
I have been educated on the investment and understand that the cost for an album begins at $1299.
• PHOTOGRAPHER’S STANDARD PRICE LIST:
The charges in this Contract are based on the Photographer’s Standard Price List. The price list was discussed verbally between THE PHOTOGRAPHER and THE CLIENT prior to booking the session. The Photographer provided the Client with starting prices verbally over the phone prior to accepting payment for the Session Fee, to ensure that the Client approves and understands generalized investment for print purchases. Contents included in any package are not redeemable as cash or as a deduction from package price. All purchases over the amount of 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 purged upon completion of the Reveal & Ordering appointment. This is for both company and client safety.
• Cancellations, Reschedules, Terminations and 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 Untold Boudoir. 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. No monetary reimbursement will be provided.
•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 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 $299 no-call/noshow 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 off of 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
• Payment Schedule and Fees :
•THE CLIENT agrees that the paid retainer of $299 is non-refundable/non-transferable in order to hold reservation/date with Untold Boudoir. 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 Untold Boudoir.
•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 his/her 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 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, Untold Boudoir 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 he/she will receive only what is stipulated by the Contract above. THE CLIENT understands that Untold Boudoir chooses the best selection of photographs for viewing. Additional files are not available for purchase or viewing and any images not chosen by Untold Boudoir will be deleted. Additional products may, however, be added at this time and are subject to current pricing.
• Session Details:
•THE CLIENT agrees that he/she must provide the required time for photographs to be taken. Untold Boudoir requires 5.5 hours for session noted above. If THE CLIENT does not provide adequate time, he/she understands that Untold Boudoir 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. 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 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 $299 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 Untold Boudoir 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 CLIENTwill make PHOTOGRAPHER aware of any injuries before the session so the PHOTOGRAPHER can plan his/her session accordingly.
•THE CLIENT agrees that he/she we WILL NOT spray tan before session. This cannot be edited and STUDIO may refuse to photograph THE CLIENT'S session if his/her skin is photographing and/or appears too orange. THE CLIENT understands that this is a decision based strictly on editing and nothing else. If Untold Boudoir 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 Untold Boudoir 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.
• 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.
• AGE OF CONSENT, GUESTS, and SOBRIETY:
Only people age 18 or older are eligible for boudoir photography services. We will allow one hype person in your session if that makes you more comfortable, but we do ask this not be a significant other or spouse. Guests under the age of 18 are not permitted. The photographer reserves the right to decline presence of guests at any consultations or appointments. Only people age 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 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.
• REVEAL & ORDERING APPOINTMENT:
THE PHOTOGRAPHER will make every attempt to hold the IMAGE REVEAL & ORDERING APPOINTMENT immediately following the photography session. If a same-day image reveal & ordering appointment not be available, THE PHOTOGRAPHER will provide THE CLIENT with alternative dates/times Monday-Friday 9am-5pm 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. 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.
• FINAL SALE:
All sales are final. All monies collected by Untold Boudoir 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.
• COMPLETION SCHEDULE:
Prints shall take up to 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.
• 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 he/she 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 he/ she has 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 he/she is 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 he/she is choosing to sign off on the album design that zero revisions are included. Any revisions beyond this are subject to a re- design charge of $250 per re-design. THE CLIENT agrees that if he/she is 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.
• Copyright and Use of Images:
•THE CLIENT agrees that if he/she gives THE PHOTOGRAPHER permission to share photos online, THE PHOTOGRAPHER selects the images. In the case of anonymous release, the CLIENT and PHOTOGRAPHER will go through the images together and make a list of what the CLIENT deems anonymous.
•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 he/she gives THE PHOTOGRAPHER permission by selecting her choice of release on the Model Release form after the session.
•THE CLIENT agrees that if he/she selects 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 he/she does not have any claim to copyright, patent, or other ownership of the photographs. THE CLIENT understands that he/she 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 he/she wishes to submit the photos to an online or printed publication, he/she must obtain written consent from Untold Boudoir 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 he/she 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 he/she will credit THE PHOTOGRAPHER every time he/ she 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 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 he/she 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 re-shoot to take place within, but no later than, 90 days. No monetary reimbursement will be provided.
•THE CLIENT agrees that he/she must back up the digital files 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 he/she is of legal age to participate in a Boudoir Photography Session. THE CLIENT understands it includes nudity and that he/ she 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 he/she shows during the Boudoir Photography Session is at his/her own discretion. THE CLIENT agrees that he/ she will not do anything he/she is 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 he/she 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.
• 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.
• 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 of 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:
Force Majeure: Untold Boudoir 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.
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.
I understand that refunds are not available for the session fee or the image order.
I have been educated on the investment and understand that the minimum investment in my boudoir portraits begins at $1299.
I understand that if I reschedule my session beyond the one complimentary reschedule included per the terms listed above, there will be a $100 reschedule fee for the 2nd request regardless of timeline. No 3rd reschedule will be permitted.
Should the Client cancel within 30 days of the scheduled time, the photographer will charge the client an additional fee of $100 for the missed appointment to the card on file.
Should the Client cancel within 14 business days of the scheduled time, the photographer will charge the client an additional fee of $250 for the missed appointment to the card on file.
Should the Client fail to show up for the scheduled time, or cancel in less than 72 hours, the photographer will charge the client an additional fee of $299 to the card on file.
All reschedule fees must be paid before a new date may be given, and from the date of the request for reschedule the client has 5 business days to pay fees and choose new date or the session fee will be forfeited. Any and all fees are not refundable under any circumstances. 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.
I understand that I must arrive to the studio with CLEAN 100% DRY HAIR, NO MAKEUP, NO SPRAY TAN.
I understand that if I arrive to the studio with wet hair, I must pay a $200 fee for disrupting the schedule for the day or that I will not get my hair styled or dried and will be photographed as-is.
I understand that if I arrive with a sunburn or tan lines, I may be subject to additional editing fees for the images I choose to purchase. Sunburns and tan lines will be noticeable in your photos.
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. Under no circumstances will the photographer hold images for longer than 60 days after the session should an Image Reveal & Ordering Appointment not take place.
I agree to the terms and conditions of this contract.