LESLIE GILBERT'S CONTRACT FOR BOUDOIR SESSIONS
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LESLIE GILBERT PHOTOGRAPHY Boudoir Session Agreement
This Agreement is between LESLIE GILBERT PHOTOGRAPHY (THE PHOTOGRAPHER) and
(THE CLIENT) for the provision of the “Boudoir Photography Session”. Subject to the terms and conditions of this Agreement, THE PHOTOGRAPHER AND THE CLIENT have agreed upon the following :WHEREAS:
It is understood that THE PHOTOGRAPHER is shooting a boudoir session for THE CLIENT located at: 430 Walnut St. Suite 303, Columbia Pa. on:
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:
1. Duration of Contract
1.1 This Contract shall have the duration of All “Terms Of Agreement” shall refer to this period. THE CLIENT understands that he/she is bound to this Contract for set duration.
2. Cancellations, Terminations and Refunds :
2.1. Both parties agree that this contract is conditional upon THE CLIENT fulfilling all of his/her obligations in a satisfactory manner, as deemed by LESLIE GILBERT PHOTOGRAPHY. 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.
2.2. THE CLIENT agrees that any cancellation must be in writing. No monetary reimbursement will be provided. A cancellation/rescheduling fee of $150 will be required if THE CLIENT cancels/reschedules and notification must be within 14 days of the session date.
2.3. THE CLIENT agrees that in the event that LESLIE GILBERT PHOTOGRAPHY 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.
3. Payment Schedule and Fees:
3.1. THE CLIENT agrees that the paid retainer of $399 is non-refundable/non-transferable in order to hold reservation/date with LESLIE GILBERT PHOTOGRAPHY 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 LESLIE GILBERT PHOTOGRAPHY.
3.2. THE CLIENT agrees to have total amount due paid 10 days prior to session. Failure to do so will result in the cancellation of the session with no refund.
3.3. THE CLIENT agrees that if the retainer or any payments are deemed NSF, he/she is responsible for a $100. 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.
3.4. 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, LESLIE GILBERT PHOTOGRAPHY 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.
3.5. THE CLIENT agrees that he/she will receive only what is stipulated by the Contract above. THE CLIENT understands that LESLIE GILBERT PHOTOGRAPHY chooses the best selection of photographs for viewing. Additional files are not available for purchase or viewing and any images not chosen by LESLIE GILBERT PHOTOGRAPHY will be deleted. Additional products may, however, be added at this time and are subject to current pricing.
4. Session Details:
4.1. THE CLIENT agrees that he/she must provide the required time for photographs to be taken. LESLIE GILBERT PHOTOGRAPHY requires 90 minutes for session noted above. If THE CLIENT does not provide adequate time, he/she understands that LESLIE GILBERT PHOTOGRAPHY 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.
4.2. THE CLIENT agrees that if he/she is more than 30 minutes late for hair/makeup or for the Boudoir Photography Session, it will be cancelled without monetary reimbursement at THE PHOTOGRAPHER'S discretion.
4.3. THE CLIENT agrees that LESLIE GILBERT PHOTOGRAPHY 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.
4.4. 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, space, willingness of subject and weather. THE CLIENT agrees that LESLIE GILBERT PHOTOGRAPHY 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.
4.5. THE CLIENT agrees that all “Service Provider” suggestions are suggestions only. THE PHOTOGRAPHER is in no way liable if a vendor fails to complete/live up to their contracted tasks.
4.6. THE CLIENT agrees that Leslie Gilbert Photography 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.
4.7. THE CLIENT understands that a Boudoir Photography Session requires certain movement and physical activity. THE CLIENT will not book a session if he/she is not able to follow simple movement requests and/or is injured. If THE CLIENT has any questions or concerns about these requirements, he/she will discuss and make sure he/she clearly understands before booking a session.
4.8. THE CLIENT agrees that he/she we WILL NOT spray tan before session. This cannot be edited and LESLIE GILBERT PHOTOGRAPHY 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 LESLIE GILBERT PHOTOGRAPHY 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.
5. Albums, Products and Editing:
5.1. THE CLIENT agrees that a charge is applicable if he/she requests to have products/items shipped.. This fee applies for each time that THE CLIENT requires a subsequent item be mailed and payment is due prior to item(s) being shipped. The cost for shipping items is $40
5.2. THE CLIENT agrees that album layouts are designed by THE PHOTOGRAPHER. THE CLIENT agrees that he/she has 1 month to submit photo choices to Leslie Gilbert Photography. After 6 months the cost of the album may be subject to current pricing.
5.3. THE CLIENT agrees that after 8 months if products have not been collected, they are void and he/she forfeits all payment towards them. THE PHOTOGRAPHER does not have to provide any monetary reimbursement.
5.4. THE CLIENT agrees that all albums/products must be paid for in full before work will be started on them. Once payment is made, no refunds will be granted.
5.5. THE CLIENT agrees that he/she must view and approve the state of the album upon pickup. If there are any manufacturer defects, THE CLIENT agrees that he/she must return the album to THE PHOTOGRAPHER within 14 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.
5.6. THE CLIENT agrees that if he/she is choosing to sign off on the album design that 3 revisions are included. Any revisions beyond this are subject to a re-design charge of $150. 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.
5.7. 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.
6. Copyright and Use of Images:
6.1. THE CLIENT agrees that if he/she gives THE PHOTOGRAPHER permission to share photos online, THE PHOTOGRAPHER selects the images.
6.2. 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.
6.3. THE CLIENT agrees that if he/she selects yes, 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 cannot choose afterwards to have these photos removed and they will not be removed if asked. If THE PHOTOGRAPHER makes an exception and agrees to remove the photos, THE CLIENT agrees to pay an administrative/damage fee of $150
6.4. 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.
6.5. 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 LESLIE GILBERT PHOTOGRAPHY prior to doing so.
6.6. 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.
6.7. 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.
7. Privacy, Confidentiality and Liability:
7.1. 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.
7.2. 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.
7.3. 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.
7.4. 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, 60 days. No monetary reimbursement will be provided.
7.5. THE CLIENT agrees that he/she 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.
7.6. 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.
7.7. 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.
7.8. 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.
7.9. 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.
8. Mini Sessions and Marathons:
8.1. THE CLIENT agrees that if purchasing a mini session, it is a shortened Session of 30 minutes.
8.2. THE CLIENT agrees that he/she will not receive as many images as from a full Session.
8.3. THE CLIENT understands that mini Sessions and marathons are booked on a first come/first serve basis for time slots. THE CLIENT agrees that once booked, he/she cannot change the time slot. If another time slot is available and THE PHOTOGRAPHER agrees, this request will be considered, but is not guaranteed.
8.4. THE CLIENT agrees that if THE PHOTOGRAPHER must travel to a distance location for the Session, THE CLIENT is responsible for accommodation and travel, at the discretion of THE PHOTOGRAPHER, as well as a daily slush fund of $75
8.5. THE CLIENT agrees that the session fee plus all applicable taxes, as well as accommodation, travel and slush fund must be paid at time of booking to secure his/her spot, along with this completed Contract. The Boudoir Photography Session will not be considered formally booked until all monies are paid.
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:
Leslie Gilbert Photography 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, failure or delay of transportation facilities, or any other cause of a similar or different nature not reasonably within reasonable control.
Limitation of Liability:
LESLIE GILBERT PHOTOGRAPHY DOES NOT MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE CLIENT, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, OR PRODUCTS. IN NO EVENT SHALL THE PHOTOGRAPHER BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES INCLUDING, BUT NOT LIMITED TO, LOST MONIES.
THE CLIENT further relieves THE PHOTOGRAPHER from:
Any action, claim, command, obligation, cause of action, damages, costs, loss of service, expenses and compensation of any kind or nature whatsoever brought by any Third Party against THE CLIENT arising out of any actions of THE CLIENT and/or other Third Parties during the Contract with THE PHOTOGRAPHER;
Any and all claims, demands or actions which may hereinafter or at any time be made or bought against THE PHOTOGRAPHER by any person or entity who has made, or agreed to make payments on THE CLIENT'S behalf for any medical expenses or any other obligations incurred by THE CLIENT as a result of property damage, bodily and personal injuries, illness, paralysis and or death to THE CLIENT or any members of THE CLIENT'S family arising out of THE PHOTOGRAPHER'S activities.
This Agreement constitutes the entire agreement between THE CLIENT and LESLIE GILBERT PHOTOGRAPHY with respect to the provision of the Services, and takes precedence over all prior oral and written Agreements and discussions with respect to the subject matter, and, except as specifically set forth herein, there are no other Agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter. Neither party can modify or amend this Agreement unless such modification and amendment is in writing and is signed and agreed upon by both parties.
THE CLIENT acknowledges that he/she cannot assign or transfer this Agreement or the rights and obligations contained herein to any person or entity without the written consent of LESLIE GILBERT PHOTOGRAPHY
No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other similar right of any kind to any person or entity which is not a contracting party to this Agreement.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
IN NO EVENT WILL THE PHOTOGRAPHER, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO:
DAMAGES FOR LOSS OF USE FROM KNOWLEDGE LEARNED OR EMPLOYMENT, LOST PROFITS OR LOST SAVINGS, EVEN IF THE EMPLOYER OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL THE EMPLOYER AND COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: DATA CORRUPTION, TRANSMISSION ERRORS OR PROBLEMS OF LEARNED KNOWLEDGE, PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY THE EMPLOYEE.
I, THE UNDERSIGNED CLIENT, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBILITIES, AND RELEASES THEREIN.