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Self Love Experience - Black Friday - LRP Boudoir - Contract - 050420

Self Love Experience:

$675 (An hour and a half of fine art boudoir photography, professional wardrobe styling the morning of your session, 3 outfit changes, professional hair and makeup artist, private in-person viewing to select images with the option to purchase finest quality heirloom products, all final image selections beautifully hand-retouched. All products and digital collections you may want to add are to be selected and purchased separately off of the a la carte menu at your viewing and ordering appointment, to be scheduled after your session.)

Extra Outfit Change:

$150 (Choose one more set and outfit to be photographed at your session.)

Discounts:

$530 Black Friday Sale

Total Contract Price:

$295

Date of Session:

May 4th, 2020

This Contract is between the Client, whose name and address is listed above, and Lindsay Rae D’Ottavio

AGE OF CONSENT: Only people age 21 or older are eligible for boudoir photography services.

RETAINER AND PAYMENTS: The Client shall make a non-refundable booking retainer of $295.00 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. 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.

PROOFS: The photographer will produce a minimum of 45 proofs from the session. The photographer has sole discretion in selecting the images to show from your session and is under no obligation to show more. Unedited proofs are never presented or sold to clients.

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. Orders placed after the event are billed at the rates in effect on the most recently published price list. Unless otherwise noted, the number of Client chosen photographs included in an album is limited based on the size and selection of album chosen (which is specified on our most current price list). Inclusion of additional images will require an upgrade in the number of book pages. Any additional retouching requested by Client will be billed at $25 per image. Products are subject to availability from the manufacturer. Shipping and handling charges are not included unless otherwise stated.

PUNCTUALITY: Please arrive on time to your appointment. Sometimes shoots are scheduled back to back, and to avoid a rushed shoot, or having to reschedule altogether, it is imperative that you arrive on time. If you are more than 15 minutes late to your appointment, you may be asked to reschedule.

CANCELLATION AND RESCHEDULING: If for any reason Client cancels this Contract prior to or on the booking date, the Photographer shall keep the retainer and any monies paid on the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within sixty (60) days of the contracted date, the Client shall be required to pay the full balance of the Contract. The session retainer, required at the time of booking, is not refundable upon cancellation of appointment. If you need to reschedule, you must do so at least 60 days before your scheduled session start time. The retainer can be applied towards a new date if cancelled with more than 60 days notice of your appointment. If less than 60 days notice is given, your retainer will not be refunded or able to be applied to a new date. If more than 60 days notice is given, there will be a $300 rescheduling fee upon first time rescheduling. For subsequent reschedules, a $400 fee will be charged for each appointment change. Any rescheduling fees charged are due before the session will take place. If the photographer cancels your session for any reason other than late or missed payment, and cannot reschedule within 90 days, your retainer will be returned in full. If a “force majeure” causes the cancellation of your session, the photographer may reschedule your session at a future date within 365 days or distribute a refund of the session fee at her discretion.

PHOTOGRAPHIC MATERIALS: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All images must be selected and product ordering must occur at your in person reveal and ordering session. Reveal and ordering sessions will be scheduled within 2-4 weeks after your session date, based on the photographer’s availability. Only one reveal and ordering session will be made available for the session. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule decided upon at the reveal and ordering session.

ARTISTIC RIGHTS: The Photographer retains the right of discretion in selecting the photographic materials released 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 for $25 per file.

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 prints, including digital files, 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 express written 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.

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, screen shot, or capture the photographs in any other fashion. The Client shall identify the “2019 Photography by Lindsay Rae” in the caption of all photographs uploaded to social media websites and profiles.

FAILURE TO PERFORM: 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 to rescheduling the session at no additional cost to the client within 365 days of the session.

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. Prints can take 3-6 weeks from time of final approval to be processed and delivered 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 turn around. A fee of $500 shall be applied to expedited product requests. The photographer will notify Client at the reveal and ordering session if expediting the process is an option. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

PRODUCTION: Once the images are chosen/submitted at the time of your viewing and ordering session, the order is considered in production. Due to the custom nature of orders, an order cannot be changed or cancelled once it is in production. No refunds will be given or changes able to be made on products after the order has been placed. Any remaining balance on orders must be paid in full before final proofs will be sent or products delivered. If the Client fails to pay for their order 45 days after the order is placed, the order becomes the sole property of The Photographer. The Photographer reserves the right to use the product for her own use.

PERSONAL STYLING SESSIONS: Scheduling for personal styling sessions is based on the availability of our Stylist. The Stylist will email the client within 14-30 days of booking a session to schedule your lingerie styling session. Clients will be given at least 3 dates/times to choose from. If the client cannot make themselves available before the session, they forfeit the right to the styling session. All lingerie from the shop the client would like to wear is to be purchased a la carte during your styling session. You may bring your own lingerie to the styling session. The Stylist does not guarantee to have all lingerie in stock at the time of your styling session. Styling sessions will be defined as professional wardrobe advice and guidance for photography sessions.

LIMIT OF FILE STORAGE: The Photographer may destroy, delete, or otherwise erase all photos from your session at any time after you place your order. She may choose to keep the photos you purchase for a limited time after your order however, images will never be kept longer than 100 days.

SALES TAX: Applicable sales tax will be added to all print/product orders.

PRIVACY STATEMENT: All information provided via any of the intake forms on this site will NOT be shared with any third parties. Images with any nudity or implied nudity will not be posted online or for advertisement without your permission as stated in our model release (please see separate model release).

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 $1000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

INDEMNIFICATION: 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.

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 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 New York.

ATTORNEY’S FEES: 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.

LIMIT OF LIABILITY: Client acknowledges and understands that the Photographer(s) cannot guarantee that any specific photo will be taken. The Photographer(s) will make every effort to accommodate Client’s wishes and acknowledges that there is a reasonable expectation of professional quality consistent with the photographers work. The client understands that the work on display through websites, prints, ect. has been retouched and the client will get untouched proofs, additionally retouching outside what is included in the package is an extra charge. The Photographer(s) cannot be held liable for factors over which they have no control which may affect the quality of the photographs, such as Client lateness and photogenicity. Additionally, The Photographer(s) cannot be responsible for the effects of the subjects’ physical appearance including body position, facial expressions, blinking or clothing. The Photographer(s) has the right to refuse to produce any image that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage or property damage or destruction.

CONSTRUCTION: 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.

BY SIGNING BELOW, I AM STATING THAT I AGREE TO THE TERMS AND CONDITIONS STATED IN THIS DOCUMENT.

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May 10, 2019 4:36 am EDT

Self Love Experience - Black Friday - LRP Boudoir - Contract - 050420 Uploaded by Lindsay Rae D'Ottavio - lindsay@photographybylindsayrae.com IP 199.48.170.16