Boudoir Contract
By entering into this Agreement, the Client represents they meet the age of majority requirements in accordance with the laws of the State/Commonwealth of New York for the purposes of creating boudoir photography. Client will provide to Photographer valid state-issued photo identification prior to the session. For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows.
Definitions
The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to Chris Connelly Photography and all agents, employees, or other representatives. The terms “you” and “your” refer to the Client and all agents, employees, or other representatives. The term “including” means “including, but not limited to.” The term “session”, “event”, and “photographic session” refers to a hired photographic session for the purposes of taking custom photographs for boudoir photography to be photographed at the date and time in the signature block below. The terms “Agreement” and “Contract” refer to this duly executed contractual obligation between Parties. “Boudoir photography” for the purposes of this agreement is defined as a photographic style featuring intimate, sensual, and romantic images of its subjects in a photographic studio, bedroom, or private dressing room environment, primarily intended for the private enjoyment of the subjects and their romantic partners. It is not commercial in nature and for the purposes of this agreement boudoir photography will not include bodily penetration. The Photographer will not provide photography services for poses or acts intended for use as pornography unless otherwise agreed in writing. This determination will be left to the Photographer’s discretion. The Client is not permitted to utilize the photographs for commercial use. The Client must be aware of the legal implications of the usage of the photographs and comply with all state and federal regulations. Client agrees to indemnify and hold harmless Photographer from any liability, claim or other cause of action arising out of or related to Client’s use of the photographs as pornography.
Booking and Payment
The Photographer's total fee for this session is $300 (“session price”), which includes a non-refundable payment of $300 (“initial nonrefundable payment”) that must be paid on signing to execute the Agreement. The listed date will not be reserved until this Agreement is fully executed. Upon payment, the Photographer will reserve the time and date agreed upon by both Parties. The Client agrees that this non-refundable payment 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. Payment for product orders will be submitted to the Photographer the day of gallery delivery, whether via online proofing service or in-person viewing. Any payment plan contract agreed to will be included as an addendum to this Contract. A late payment fee of $100 will be applied to the late payment amount in accordance with the payment plan Contract. No products will be delivered until the entire amount is paid in full. Acceptable payment methods include credit card, cash, PayPal or Venmo. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary.
If the Client has purchased their session through a sale or other promotion for less than the standard session price, in the event of a Cancellation, Reschedule or No-show by the client, the difference between the standard session price and the actual nonrefundable payment will be collected according to the terms of the Cancellation and No-Show, and Rescheduling sections below.
Session Details
The photographic session will occur at 1095 Central Ave, Albany NY unless otherwise agreed upon. If Client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, and other expenditures directly required for fulfillment of this Agreement. The Client will pay $1 per mile fee outside a 20 mile radius the zip code of the studio. The photography session will occur for up to 4 hours, including preparation and dressing. This time is inclusive of any initial hair and makeup styling. The Client may have up to 6 outfits for the photographic session. Additional outfits must be agreed upon before the session date.
Styling
The Client will retain full responsibility for styling choices, including but not limited to wardrobe, makeup and hairstyle. Photographer discussion and comments will only be construed as professional recommendations for consideration and not be deemed final choice. The Client may give the Photographer and/or STAFF permission to touch their person during the session. This includes, but is not limited to, adjustment of straps, clothing, and hair. All styling choices made by Client at the event are final and no additional photographic sessions will occur due to styling choices.
Completion Schedule
Completion schedules and delivery of products will be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
● Prints will take 2 weeks from time of print order to be processed and delivered to the Client.
● Albums will take 2 weeks from date of final design approval by the Client to be received by the Photographer. With the exception of the Bombshell Package which takes 5 weeks.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $500 will be applied to expedited product requests. The Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services. The Photographer does not provide archival services. All photographs and products must be purchased at the image review at the end of the studio session, or at the designated time for the image review agreed upon by both parties.
Use of Independent Contractor
In the event a third-party Independent Contractor is hired for services and/or products for the photographic session, the Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor or for products provided by such Contractor. Client agrees to indemnify and hold harmless Photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Contractor. The Client will retain full responsibility for failing to provide feedback on any services, including hair and make-up, prior to the session. The session will not be re-photographed due to dissatisfaction in these services without prior notice.
Photographic Materials & Artistic Discretion
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of the Photographer until purchased by the Client. Images which are not purchased by the Client at the image review session will be deleted within 7 days of the date of the image review session. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will review a gallery of up to 150 photographs to select from and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to creative control in post-processing. Included photograph retouching includes color correction, cropping, removal of minor blemishes and bruises, minor skin smoothing, removal of minor stray head hairs, softening of cellulite, wrinkles and stretch marks, sharpness and other edits at Photographer’s discretion. Additional retouching and processing will, at Photographer’s discretion, be requested for $50 per file. Retouching of the following will be considered additional in all cases: excessive body shaping & selective color in a black and white image. Photographer will retain creative control of photograph processing and may, at their sole discretion, refuse editing requests from the Client in accordance with Photographer’s professional standards. The Photographer retains the right to cancel the session and retain the initial nonrefundable payment amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray tan, tanning bed, etc.), tattoos, piercings, surgeries. The Photographer will only utilize the photographic materials in marketing in with the expressed written consent of the Client. No photographic materials will be distributed publicly until the Client has had an opportunity to review & approve. Any restrictions on publication will be governed by the Model Release.
Products Included & Additional Purchases
The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time when the order is placed. The session price covers only the Photographer’s photographing time, travel, post-processing, and proof preparation. No products are included within the session price. Note: The smallest package available for purchase includes 10 images at $100 per image. For purchase of images and products, The Photographer will make gallery proofs available, typically at the end of a studio session, or alternately through an agreed upon in-person product consultation. All orders must be placed during the in-person consultation. No archival services are provided. All product and image purchases are final. If after six months from the date Photographer notified Client of product(s) for pick up the Client fails to claim the product(s) ordered, the items will be forfeited, and no refund given to the Client. The Client will view and approve the state of the album before ordering. If there are any manufacturer defects, the Client will return the album to the Photographer within 5 calendar days of receipt for repair. The Client agrees that the Photographer and/or 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 torn page(s), dented cover, broken spine, spilled items, or another general mistreatment by the Client. The Client agrees that submitting the album back to the Photographer with a manufacturers’ defect will not result in any layout changes, and only the defect will be repaired. The Client understands that upon purchase of an album, 3 revisions are included. Any revisions beyond this are subject to a re-design charge of $200. The Photographer will choose the images for the album design at their discretion. The Client consents to sharing of photographs over the internet via photo gallery or other means utilized by Photographer. The Photographer will use every best practice to ensure the security of the system(s) utilized for photo sharing. The Client will release, indemnify and hold harmless the Photographer from any data breach or other software malfunctions leading to the sharing of Client’s photographs through no fault of the Photographer.
Cooperation
The Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation. Any relevant medical issues, posing restrictions and allergies should be disclosed before the photoshoot.
In-Session Events
The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund or reschedule available to Client. The use of all recordings, including but not limited to video, phone, digital camera, or audio is strictly prohibited by any individuals at the session. The session will be restricted to the client and 1 individual. The use of illegal drugs is not permitted on the Photographer’s premises. The use of alcohol and/or legal drugs IS NOT permitted on the Photographer’s premises. The Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images. If alcohol is consumed during the course of the session, the Photographer may terminate the session immediately and retain all monies paid. The Photographer is not liable for any theft, injury, loss of personal items, expenses, or damages that occur during or in connection with the Session. Client will be responsible for damage of Photographer's props, if used in course of the Session. For the security of the Photographer and Photographer’s equipment, the studio may utilize video surveillance cameras. Any such cameras’ footage will be secured, with controlled access, for use only by Photographer and/or law enforcement in the event of an incident in the studio for which review of footage is required. Otherwise, video footage will not be viewed. Client acknowledges the presence of such cameras are for security purposes only. Client will indemnify and hold harmless Photographer from any liability resulting in the breach of any cloud or other security footage storage. In addition to the above, the Client will adhere to Photographer’s Studio Rules and Best Practices, which are incorporated into this agreement by reference.
Outdoor Sessions
The session will take place outdoors. If the weather conditions are not desirable for the shoot based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived, or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer’s discretion. The Client will assume all risks associated with the outdoor location(s) where the Client is photographed. The Client understands that the nature of what may be possible for outdoor boudoir sessions is limited based on public ordinances, location requirements, and other location-based restrictions. Client will at all times abide by such location guidelines. If Client chooses to ignore guidelines, they do so at their own risk.
THE CLIENT IS AWARE THAT PARTICIPATION IN AN OUTDOOR BOUDOIR SESSION MAY INVOLVE PHYSICAL ACTIVITIES THAT COULD POTENTIALLY LEAD TO INJURY OR EVEN DEATH. THE CLIENT VOLUNTARILY PARTICIPATES IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CLIENT’S PARTICIPATION IN THIS ACTIVITY.
Cancellations and No-Shows
A Cancellation is defined by the Client deciding to not go through with the photographic session on the agreed upon photographic event date, or any future date. A No-show is defined by the client failing to appear at the agreed upon photographic session location on the agreed upon photographic session date and time.
If the Client requests to Cancel this Contract 8 or more calendar days before the agreed upon photographic session date, the initial nonrefundable payment will be forfeit.
If the Client is a No-show or requests to Cancel this Contract 7 or less calendar days before the agreed upon photographic event date, the initial non-refundable payment will be forfeited, PLUS the Client may be charged a late cancel fee of $500 which will be billed to the payment method on file on the original agreed upon photographic event date. In the event that the entire $500 late cancel fee can not be processed, smaller amounts may be processed until the balance is paid in full. If the late cancel fee can not be fully processed by using the payment method on file, an invoice will be sent to the Client with a due date 15 days from the issue of the invoice. The Client will also be removed from eligibility from any future photo sessions of any kind with the Photographer.
In all above scenarios, if the Client paid a fee lower than the standard $300 non-refundable payment at the time of booking as a result of a promotion or sale, the balance between the lower payment and the standard $300 fee will be billed to the payment method on file on the original agreed upon photographic event date. In the balance can not be processed, smaller amounts may be processed until the balance is paid in full. If the late cancel feee can not be fully processed by using the payment method on file, an invoice will be sent to the Client with a due date 15 days from the issue of the invoice.
Rescheduling/Late Arrivals
If the Client requests to reschedule this Contract 21 or more calendar days before the agreed upon photographic session date, the initial nonrefundable payment may be applied to a mutually agreed upon reschedule date up to 60 calendar days after the original photographic event date.
If the Client requests to reschedule this Contract 20 or less calendar days before, but more than 7 calendar days before the agreed upon photographic event date, the Client will be required to remit a new initial nonrefundable payment, as set forth in the Photographer’s Standard Price List at time of request. Both the initial nonrefundable payment and the additional nonrefundable payment will be applied to a mutually agreed upon reschedule date up to 60 calendar days after the original photographic event date.
All reschedules are subject to Photographer’s discretion. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client. In the event that the weather conditions are not desirable for the shoot and/or travel to the shoot location based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer discretion.
n all above scenarios, if the Client paid a fee lower than the standard $300 non-refundable payment at the time of booking as a result of a promotion or sale, the balance between the lower payment and the standard $300 fee will be billed to the payment method on file on the original agreed upon photographic event date. In the balance can not be processed, smaller amounts may be processed until the balance is paid in full. If the late cancel feee can not be fully processed by using the payment method on file, an invoice will be sent to the Client with a due date 15 days from the issue of the invoice.
Safe Working Environment
The Client agrees to abide by Photographer’s studio rules and treat Photographer and the Photographer’s staff with respect and dignity and that the Photographer is provided with a safe working environment. Safe working environment issues include but are not limited to, guests, attendees or other vendors of the session committing any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation, the Client will not be entitled to any refund. The parties will maintain professionality for the duration of the session. If the Client engages in sexually inappropriate behavior during the session, or otherwise causes the Photographer to be uncomfortable due to unwelcome verbal or physical actions of a sexual nature, Photographer may end the session without refund or reschedule available to Client.
Failure to Perform
If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic session. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to cost of the contract. In no event will Photographer be liable for any amount exceeding the cost of the contract.Sub-headline
Indemnification & Liability
Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for his/her waiver or forgiveness of any fees that may still be outstanding. Client agrees that the maximum amount of damages he/she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the total of monies paid to the Photographer by the Client.
Legal Miscellany
This Contract incorporates the entire understanding of the Parties. Any modifications of this Contract must be in writing and signed by both Parties. Any waiver of a breach or default hereunder will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. If either Party to this Contract brings a legal action against the other Party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing Party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. The Parties expressly consent to jurisdiction and venue of the federal and state courts of the State/Commonwealth of New York and the County/City of Albany with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the Parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State/Commonwealth any action may be commenced, this Agreement will be deemed to have been made in such State/Commonwealth and will be governed by and construed in accordance with the laws of such State/Commonwealth. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not apply iSub-headlinen interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any Party.Paragraph
Notice
Parties will provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent by email to the address listed below