Studio policies

This Photography Agreement (“Agreement”) is entered into when agreeing to terms and conditions. For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows for a photographic session to occur.

Definitions

The Terms “Photographer”, “photography team”, “us”, “we”, and “our” refer to UNVEILED and all agents, employees, or other representatives.

The term “including” means “including, but not limited to.”

The term “session”, “event”, and “photography session” refers to a hired photographic session for the purposes of taking custom photographs for boudoir photography.

Terms

Retainer and Booking: The Client shall make a non-refundable retainer (session fee) for the Photographer to perform the services specified herein. Upon payment, the Photographer will provide instructions for booking the session date on any available date within one year from date of signed agreement. Should the Client fail to schedule prior to expiration of this contract (one year from signed agreement), any payments made toward the session or product purchase are forfeited. The 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.

Payment Schedule: Payment for product orders shall be submitted to the Photographer the day of the in-person ordering appointment (Image Reveal). Any payment plan agreements agreed with the Photographer and the Client shall be included as an addendum to this Contract. A late payment fee of $50.00 shall be applied to the late payment amount in accordance with the payment plan agreement. No products shall be delivered until the entire amount is paid in full. Payment for at least a base product, must be paid by or on the date of the Client’s photographic event. A product purchase is required. Post-event payment is not available.

Cancellation: At time of booking, a retainer is paid to secure a date on the calendar. The 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. If the Client requests to reschedule their booked date 30 or more calendar days before the agreed upon photographic event date, a new retainer (reschedule fee of $500) shall be applied to a mutually agreed upon rescheduled date within 30 days of original booked date. This fee will be credited to the Client’s product purchase on the day of their shoot. If the Client fails to show or cancels the agreed upon photographic event date, all fees paid toward their photographic event shall be forfeited. Reschedules requested after the above window (less than 30 days before scheduled date) will result in the forfeit of the booking retainer and a new booking retainer will be required.

Rescheduling/Late Arrivals: In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 30 days prior to the scheduled event. A new retainer of $500 will be charged to secure the new date, however this will also be applied to their final product purchase, but is non-refundable in the event of cancellation. Reschedule must be within 30 days of the original contracted date. If Client requests reschedule with less than 30 days notice, the booking retainer is forfeited and a new retainer will be charged to secure rescheduled date (the second booking retainer will be credited to Client’s final product purchase, but is non-refundable in the event of cancellation). Any Client that is late arriving at the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to the late arrival of the Client. If the Client arrives more than one hour late, the event is considered cancelled by the Client and the booking retainer is forfeited.

Completion Schedule: Completion schedules and delivery of products shall 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.

1. Prints, wall art, albums and Digital Collections on USB shall take two weeks from time of order to be processed and delivered to the Client.
2. Folio Boxes shall take four weeks from time of order to be processed and delivered to the Client.
3. Digital images shall take one business day from time of order to be processed and delivered electronically to the Client.

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 turnaround. An expedited fee of $75.00 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

Location Choices: The event shall occur at the UNVEILED photography studio, 109 E. 6th Street, Bloomington, Indiana 47408.

Styling: The Client shall retain full responsibility for styling choices, including but not limited to wardrobe, makeup, and hairstyle. Photographer discussion and comments shall only be construed as professional recommendations for consideration and not be deemed final choice. All styling choices made by Client at the event are final and no reshoots shall be available due to styling choices.

Styling control: 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, set determination, and photographic lighting.

Use of Independent Contractor: In the event, a Photographer furnishes an Independent Contractor (such as a hair and/or makeup artist and/or massage therapist), the Photographer shall not be liable for any application or services by this Independent Contractor. This includes, but is not limited to, allergies as a result of the use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies and pertinent information to the Independent Contractor.

Recordings: The use of all recordings, including but not limited to video, phone, digital camera, or audio is strictly prohibited by any individuals at the event.

Attendees: The event shall be restricted to the Client only. Special accommodations must be agreed to by both parties in writing prior to the date of the photographic event.

Use of Alcohol: The use of alcohol 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 cease work and retain all deposits.

Body Alterations: The Photographer retains the right to cancel the session and retain the retainer 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, bed, etc.), tattoos, piercings, surgeries, etc.

Artistic Rights: The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of up to 45 photographs to select from and shall not receive any photographic materials not presented to the Client. 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 subject to an additional fee per file.

Photographic Materials: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. All photographic materials should be handled with care and in accordance with Photographer recommendations. Any damage or alterations to materials made outside of Photographer recommendation as a result of improper handling, including but not limited to framing or hanging, is the sole responsibility of the Client.

Photographic Orderings

The Photographer shall make gallery proofs available through an agreed upon in-person product consultation. These proofs shall be available for viewing by the Client the same day as the photographic event. All orders shall be placed during the in-person consultation.

Copyright and Reproductions: The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

Client Usage: The Client shall only use the photographic materials, including but not limited to delivered digital files gallery-displayed files and printed proofs, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make or provide authorization to a third-party to make, reproductions of works resulting from this Contract without the express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

Social Media: The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion. The Client shall identify the “UNVEILED” in the caption of all photographs uploaded to social media websites and profiles.

Failure to Perform: If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, an act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall 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 shall be limited.

Substitute Photographer: The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

Photographer’s Standard Price List: The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

Photographic Material Archival: The Photographer shall store photographic materials for 12 months from the date of the event for all images purchased by the Client. At that date, all photographic materials may be destroyed. Any images not purchased by the Client may be destroyed 7 days from the date of the event.

Arbitration: Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $2,500.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Miscellany: The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

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 shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Indiana.

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 shall 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.

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.