1. Scope of Work
This contract is for photography services related to a couple's boudoir photo shoot to take place at 1113 Vine St, Suite 220B, Houston, TX 77002.
PHOTOGRAPHER allows up to 1.5 hours for hair & makeup, agrees to photograph CLIENTS for up to 2 hours and provide CLIENTS with 50+ images for review during their same-day ordering appointment from which to choose final images for products (albums, wall art, displays and digital files) that are sold separately.
2. Fees
For PHOTOGRAPHER’S services CLIENTS shall initially pay a Retainer Fee, which does not cover any images or image products and must be paid in full with CLIENTS delivery of a signed copy of this Agreement. The Retainer Fee reserves the appointment and services specified in Section 1 above. The Retainer Fee is NON-REFUNDABLE. If CLIENTS need to reschedule, this may be done at no cost if done more than 4 weeks before the appointment date. CLIENTS will be subject to a Rescheduling Fee of $150 if the photo shoot is rescheduled within 4 weeks of the appointment date. This fee will be used to pay costs associated with the hair & makeup artist (if scheduled) and PHOTOGRAPHER, and to pay related studio costs. Emergencies are subject to PHOTOGRAPHER’S discretion if a Rescheduling Fee will be collected.
Photo shoots taking place at a location different than the address listed in Section 1 will be agreed upon between PHOTOGRAPHER and CLIENTS. Fees associated with reserving the off-site location are not the responsibility of Black Diamond Boudoir LLC and are not subject to reimbursement should the shoot be rescheduled or cancelled. Photo shoots taking place at an off-site location will include a travel fee determined by PHOTOGRAPHER.
3. Hair & Makeup
CLIENTS must inform the hair & makeup artist (if scheduled) of any known allergies or adverse reactions to products and will hold them and PHOTOGRAPHER harmless from any adverse effects from hair & makeup products applied in a proper and normal manner.
4. Fees Concerning Image Products
CLIENTS will have the opportunity to view images in a live viewing session with the PHOTOGRAPHER the same day as the photo shoot. CLIENTS understand that none of the image products (such as albums, wall art, and digital files) are covered by the Retainer Fee. Rather, they are sold separately and must be paid in full (including tax and any applicable shipping fees) before the order is processed. If purchasing digital files, CLIENTS will receive high-resolution jpg files.
CLIENTS understand the minimum investment required toward image products is $699.
CLIENTS understand image products will be purchased the same day as the photoshoot.
CLIENTS understand image products may take up to 6 weeks to be available for pickup after the order is placed. This timeline is under normal operating circumstances and may vary due to situations out of PHOTOGRAPHER's control.
CLIENTS understand image products must be picked up less than 4 weeks after the order is ready. A storage fee of $50 will be issued per late week for uncollected image products. If storage fees are issued, CLIENTS agree to pay fees in full before PHOTOGRAPHER releases image products.
CLIENTS further understand and agree that all sales are final and that PHOTOGRAPHER may choose to delete CLIENTS' images from digital storage after 6 months from the date of the photo shoot.
5. Alteration of Finished Images
In order to protect PHOTOGRAPHER’S artistic style and reputation, CLIENTS shall not duplicate, alter, edit, crop or change in any way the finished look of images received from PHOTOGRAPHER.
6. Usage
CLIENTS agree not to trade, sell, or license any image from the photo shoot to a third party without written permission from PHOTOGRAPHER, which may include a commercial usage license agreement. CLIENTS may, however, display images on personal websites, social media, and physical portfolios, but only in finished form as received from PHOTOGRAPHER, with the only alteration being the images’ overall size appropriate for display. PHOTOGRAPHER requests all images displayed on social media be given photo credit to Black Diamond Boudoir LLC.
7. Privacy Protection For Client
PHOTOGRAPHER will not display any image from CLIENTS' photo shoot anywhere, including any website, social media platform, or other medium, without first receiving CLIENTS' signed release through electronic or other means chosen by PHOTOGRAPHER. No provision of this Agreement constitutes such a release.
8. Photoshoot Conditions and Code of Conduct
CLIENTS represent being at least 18 years old AND out of high school. PHOTOGRAPHER does not photograph any person under the age of 18 in a boudoir style. CLIENTS understand that arriving late to the appointed time will take away from the total amount of time allotted to their photo shoot. Additional time may be added to the end of CLIENTS' original appointed time slot if studio time is available, but CLIENTS may be required to pay for additional studio time before shooting begins. CLIENTS may not bring any family member, other person, or pet to the photo shoot without prior consent from PHOTOGRAPHER, who has the right to deny access to any such individual or pet if consent has not been given, and who may also cancel the photo shoot without refund of the Retainer Fee. If such consent is given, the attending individual must not take pictures or make a video of any part of the photo shoot, and must refrain from any conduct PHOTOGRAPHER deems distracting. CLIENTS understand that PHOTOGRAPHER has the right to cancel the photo shoot without refund of the Retainer Fee (and hair & makeup fee if applicable) if CLIENTS arrive at the photo shoot intoxicated or under the influence of drugs, as determined in the reasonable exercise of PHOTOGRAPHER’S discretion.
9. Force Majeure
If PHOTOGRAPHER is unable to perform hereunder due to an emergency or any cause outside their control, they will refund the Retainer Fee in full, or, upon CLIENTS' request, reschedule the photo shoot.
10. Dispute Resolution
In the event of any claim, dispute, or other matter in question arising from or relating to this Agreement (any such matter being referred to as a “ Dispute”), the parties agree to exercise prompt efforts to resolve the Dispute promptly without litigation. If they are unable to do so, they agree to submit the Dispute to mediation. The party seeking mediation (the “ Initiating Party”) shall provide the other with written notice of an intention to mediate, and the parties shall act promptly and in good faith in an effort to agree upon a mediator. If they cannot agree within ten business days from the date such notice is received, the Initiating Party may submit the matter to mediation through any firm that renders mediation services in the area of Rosharon, Texas, which area shall be the site of the mediation unless otherwise agreed upon by the parties; provided, however, that the mediator chosen through that firm cannot be one already considered but not agreed upon by the parties. If mediation reaches an impasse, as determined by the mediator, the Initiating Party may proceed to litigation. Each party shall bear his or her own costs and fees in the resolution of any Dispute.
11. Whole Agreement
This instrument reflects the entire agreement between the parties hereto with respect to the subject matter hereof and is not to be amended or modified except by an instrument in writing signed by each party.
