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BOUDOIR SESSION AGREEMENT/CONTRACT

 

First Name:  _______________________   Last Name: ______________________   Phone: ______________ 

Email: ___________________________   Address: ______________________________________________

City:  _____________________________    State:  __________    Zip Code: __________________________

 

This Boudoir Session Agreement/Contract is between CYNTHIA BULLARD PHOTOGRAPHY (hereinafter “PHOTOGRAPHER”) and ________________________________ (hereinafter “CLIENT”).

 

 

I.  AGREEMENT FOR SERVICES

 

This agreement contains the entire understanding between PHOTOGRAPHER and the CLIENT.  It supersedes all prior and simultaneous agreements between the parties.  The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived.  The party against whom a waiver is sought to be effective must have signed a waiver in writing.

 

II.  CLIENT COOPERATION AND CREATIVE CONTROL

 

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.  The use of personal video, camera, cell phone or other recording device during the CLIENT’S session is strictly prohibited.  No other persons shall be present during CLIENT’S session other than the CLIENT, PHOTOGRAPHER and PHOTOGRAPHER’S Assistant (if necessary).  The PHOTOGRAPHER retains creative control of the session. This control is including, but not limited to, the adjustment of hair, makeup, jewelry, clothing, clothing straps and posing. 

 

III.  IMAGES and COPYRIGHTS

 

The photographs produced by PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the explicit written permission of PHOTOGRAPHER.  It is illegal to scan, copy, print, crop, alter or otherwise reproduce photographs.  Upon final payment by the client, the client has limited print release rights of the resulting images which may only be used for personal use and may not be copied or reprinted without the express permission of PHOTOGRAPHER.  This permission is included with high resolution CDs, with which the owner may make prints for personal use and sharing, as well as use for their personal blogs, sites, and social networks. The CLIENT may share web and/or blog post links and social media albums through use of the share functions and dissemination of direct links. CLIENT shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “Copyright Cynthia Bullard Boudoir Photography” in the caption of all photographs uploaded to social media websites and profiles.

The owner may not redistribute the CD in any manner.  The CLIENT must obtain written permission from and compensate PHOTOGRAPHER prior to the CLIENT, or its friends/relatives from publishing or selling the images for profit.

 

IV.  CREATIVE LICENSE
 

Images are edited at my discretion and delivered prints will not include all images shot. PHOTOGRAPHER reserves the creative right to edit and release only those deemed creditable as professional in quality and within her artistic standards.  Advanced editing of images at CLIENT’S request shall incur an additional fee.

 

 

V.  USE OF ALCOHOL AND DRUGS

 

The use of alcohol is permitted on the PHOTOGRAPHER’S premises.  The CLIENT understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images.  The CLIENT agrees to refrain from the use any illegal drugs prior to or during the CLIENT’S session.

 

 

VI.  MODEL RELEASE

 

The PHOTOGRAPHER’S boudoir business thrives on word of mouth and being able to share images for others to see.  The PHOTOGRAPHER values the privacy of every CLIENT.  CLIENT hereby grants permission to use the CLIENT’S images in marketing materials, blog posts, social media and on PHOTOGRAPHER’S website.  Please choose which privacy level you (CLIENT) feel comfortable with:

 

_____  Use what you want. I'm not shy!     _____  I am only comfortable with images that do not show my face.

_____  PLEASE DON'T SHARE.     ____  Other (please specify)____________________________________.

 

 

VII.  LIMITS OF LIABILITY

 

CLIENT is responsible for their own safety during their session.  The PHOTOGRAPHER shall be held harmless for any and all injury to CLIENT during the course of the photography session and the immediately surrounding events.  In the unlikely event that the photographer is injured or becomes too ill or has an extreme emergency that prevents her from photographing a session PHOTOGRAPHER will make every effort to reschedule the session.  If for whatever reason rescheduling a session is not possible, responsibility and liability is limited to the return of any payment received for such session.  PHOTOGRAPHER takes the utmost care with respect to exposure, transportation, storage and processing of the photographs.  However, in the unlikely event photographs become lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER’S control, PHOTOGRAPHER’S liability is limited to the return of all payments received for any and all portrait packages ordered.  Images will be stored for 6 months from the date of CLIENT’S session.  Digital files will be deleted after 6 months.  If an order is not placed within 90 days from the date of the CLIENT’S session, files will be deleted.

 

 

VIII.  DEPOSITS AND PAYMENT SCHEDULE

 

Boudoir Session Fees are $150.00.  A $75.00 deposit shall be paid for each boudoir photography session booked with CYNTHIA BULLARD Photography.  This is a non-refundable deposit.  The deposit shall be applied to the session fee.  The balance of the session fee is payable in full on the date services are rendered.  The cancellation policy is 48 hours.  Client is responsible for any and all cost for location usage.  In the event of cancellation by the CLIENT is less than 48 hours prior to the scheduled session, the $75.00 deposit is non-refundable.  Rescheduling a session outside of the 48-hour cancellation policy will result in the deposit being held by CYNTHIA BULLARD Photography and applied to the newly scheduled session when services are rendered.  Full payment is due and payable at the time of ordering any photography product, including but not limited to, portrait packages, prints, photo books and albums, CDs and/or digital images purchased through CYNTHIA BULLARD Photography.  Payment on all photography product orders is non-refundable.

 

 

IX.  APPLICABLE LAW

 

This contract shall be governed by the laws of the State of California and any applicable Federal law.

 

I have read through the Boudoir Session Agreement/Contract and agree with all terms and conditions.

 

 

____________________________            ______________________________            ___________________

Client’s Signature                                              Printed Name                                                          Date

 

 

© 2017 by CYNTHIA BULLARD

Cynthia Bullard Boudoir, Ventura County Boudoir Photographer

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