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Boudoir Contract
This Agreement is between the Client, whose name and address are listed above (the “Client”), and Amanda Lewis DBA Distant Peaks Boudoir. The services to be provided under this contract are as follows:
- Pre-Session Consult
- 90-120 min photoshoot including hair and makeup services ($500 session fee).
- Professional Editing of Images
-Same day image reveal
1. RETAINER AND PAYMENT. The Client shall make a non-refundable retainer in the amount of $250 for the Photographer of Distant Peaks Boudoir (the “Photographer”) to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Client agrees that this retainer is earned by Distant Peaks Boudoir when paid, and is remitted in consideration of the experience, reputation, skill of Photographer and in consideration of the inability of Photographer to schedule other clients during this time.
**Client understands that product orders for photograph collections, made during the in-person or online product session, begin at a price of $1700.**
(Discounts for full and pre-payment available)
All sales are final and returns for refund or exchange will not be accepted. Except for Prepayment Orders, payment for product orders shall be submitted to Distant Peaks Boudoir at the time of the order, whether via in-person or product session. Any payment plan agreements agreed to by Distant Peaks Boudoir and Client shall be included as an addendum to this Agreement. If payment is not made in full by according to such payment plan agreement, interest shall accrue at a rate of 10% per annum. No products shall be delivered until the entire amount is paid in full.
2. ADDITIONAL TRAVEL FEES. Photographer will not travel outside of Craig, CO to provide the Photography Session unless there is an addendum to this Agreement providing for additional payment to Distant Peaks Boudoir for costs of travel.
3. CANCELLATION. Distant Peaks Boudoir agrees to reserve and not make any other reservations or accept any other clients for the date, time, and duration listed above (the “Session Date”) for performance of the services listed above (the “Photography Session”). For this reason, in the event that CLIENT breaches, repudiates, or cancels this Agreement for any reason, all monies paid shall be retained by Distant Peaks Boudoir, in order to offset its loss of business. In all circumstances, all sales are final and all payments are non- refundable.
4. RESCHEDULING. In the event that Client requests to reschedule the Session Date, the retainer shall be applied to a mutually agreed upon rescheduled session date and time if written notice is given to Distant Peaks Boudoir at least 7 days prior to the Session Date. If Client provides less than 7 days’ notice, Client forfeits $150.00 of fees paid (Client will be charged $150.00 upon rescheduling). Reschedule must be within the same calendar year.
5. LATE ARRIVALS/NO SHOWS. If Client is late arriving to the Photography Session, the amount of time late will be deducted from the time allotted for the Session Date. Clients shall not be compensated for the time deducted from the Photography Session due to the late arrival of the Client. If Client fails to arrive to the Photography Session within the allotted time for the Session Date, all monies paid is forfeited and there will be no available options to reschedule (unless, under Distant Peaks Boudoir discretion, the reason for Client’s no show was an emergency).
6. COMPLETION SCHEDULE. Completion schedules and delivery of products shall be determined from the date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.
- Albums can take up to 8 WEEKS from date of final design approval by Client to be received by the Photographer.
- PRODUCT can take up to 8 WEEKS from the date of final approval by Client to be received by the Photographer.
Client should place orders with sufficient time to allow for normal delays and notify Distant Peaks Boudoir at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee of $200 shall be applied to expedited product requests. Distant Peaks Boudoir shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
7. USE OF INDEPENDENT CONTRACTOR. In the event Distant Peaks Boudoir furnishes a hair and/or makeup artist, Distant Peaks Boudoir is not liable for any application or services by this independent contractor. Client agrees to release and hold harmless Distant Peaks
Boudoir for any services rendered or products applied by any stylist, hair and makeup artist, or other independent contractor during the Session. This includes but is not limited to allergies as a result of the use of the products by the independent contractor. Client agrees to notify Distant Peaks Boudoir along with any stylist, hair and makeup artist, or other independent contractor used during the Session of any and all allergies prior to the Session.
8. USE OF ALCOHOL/DRUGS. The use of alcohol by Client IS permitted during the Photography Session. Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images. Distant Peaks Boudoir reserves the right to cancel or stop the Photography Session or otherwise deny services at any time if Distant Peaks Boudoir believes that Client is under the influence of an illegal substance or overly intoxicated from alcohol use.
9. CREATIVE CONTROL. Photographer retains creative control of the session. This control is including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps.
10. BODY ALTERATIONS. In order to preserve creative control, Distant Peaks Boudoir retains the right to cancel the Photography Session and retain the retainer amount and any travel fees if 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.
11. AGE OF CONSENT. Client acknowledges that Client is age 18 years or older and of legal age to participate in a boudoir photography session. Client understands the Photography Session includes nudity and that Client will be photographed wearing little and/or no clothing. Client is signing this Agreement in full competency, without being coerced, influenced and of his/her own free will.
12. LEVEL OF NUDITY. Client agrees that the level of nudity Client shows during the Photography Session is at Client’s own discretion. Client agrees that Client will not do anything Client is uncomfortable with and will notify the Photographer immediately if Client is uncomfortable with a certain level of nudity or a pose.
13. ARTISTIC RIGHTS. Distant Peaks Boudoir retains the right of discretion in selecting the photographic materials released to Client. Client shall receive a gallery of no less than 50 photographs to select from and shall not receive any photographic materials not presented to Client. Distant Peaks Boudoir also retains the right to make adjustments to the photographs in post-processing as Photographer deems within their creative control.
14. PHOTOGRAPHIC MATERIALS. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of Distant Peaks Boudoir. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
15. IN-PERSON PRODUCT SESSIONS: Distant Peaks Boudoir shall make gallery proofs available through an agreed upon in-person product consultation. These proofs shall be available for viewing by the Client within 2 weeks of the photographic event. All orders shall be placed during the in-person consultation. All sales are final and returns for refund or exchange will not be accepted.
16. ONLINE PRODUCT SESSIONS: In the event Client prefers an online product session rather than an in-person product session, Distant Peaks Boudoir shall host a screen sharing to show proofs. These proofs shall be available to the Client within 2 weeks of the photographic event. All orders shall be placed during the online consultation. All sales are final and returns for refund or exchange will not be accepted.
17. COPYRIGHT AND REPRODUCTIONS. All products produced under this Agreement are protected by US Copyright Law. Distant Peaks Boudoir shall own the copyright in all images created under this Agreement. If Distant Peaks Boudoir desires to use, publish, display, and/or sell any image, Distant Peaks Boudoir shall not do so without first obtaining a Model Release, signed by the Client stating the release of Client's images. If Client declines the Model Release, no use of the images will be public, and the images stay private and are only seen by the staff of Distant Peaks Boudoir and Client. If Distant Peaks Boudoir desires to make other uses of the images outside of uses stated in the Model Release, Distant Peaks Boudoir shall not do so without first obtaining the written permission of the Client. The Model Release is a separate document Client will sign giving consent or declining consent at the Photography Session. It is understood that any duplication or alteration of original images, without the written permission of Distant Peaks Boudoir, is strictly prohibited under Title 17, section 102 of the United States Code. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. Distant Peaks Boudoir DOES provide the Client permission to resize photographs for Internet-based usage.
18. CLIENT USAGE. Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. Client’s prints are for personal use only and shall not be submitted to contests or used for any commercial use without express written consent from Distant Peaks Boudoir. Further, Client shall not authorize reproductions by non-purchasers covered within this Agreement. Additional prints and/or digital files may be purchased from third parties or Distant Peaks Boudoir. Accordingly, if Distant Peaks Boudoir provides a digital file print release, Client must act in accordance with the release.
19. SOCIAL MEDIA. Client may share web/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. Client shall identify the “COPYRIGHT 2022 DISTANT PEAKS BOUDOIR” in the caption of all photographs uploaded to social media websites and profiles.
20. FAILURE TO PERFORM. If Distant Peaks Boudoir is unable to perform the services under this Agreement due to illness, emergency, fire, casualty, strike, an act of God or causes beyond the control of Distant Peaks Boudoir, Distant Peaks Boudoir and Client shall make every attempt to reschedule the Photography Session. If a reschedule is unable to be agreed upon, Distant Peaks Boudoir shall return the retainer to Client and shall have no further liability. Further, if Distant Peaks Boudoir is unable to deliver photographic materials due to technological malfunctions, including but not limited to, camera and processing, or otherwise lost or damaged without fault of Distant Peaks Boudoir, Distant Peaks Boudoir’s liability shall be limited to the return of all monies paid to Distant Peaks Boudoir by Client. The limit of liability for partial loss of digital media/originals shall be a prorated amount of the exposures lost based on the total number of originals.
21. STANDARD PRICE LIST. The charges in this Agreement are based on the Distant Peaks Boudoir’s Current 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, subject to prior notice to Client.
22. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, 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 Distant Peaks Boudoir 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 $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
21. INDEMNIFICATION. Distant Peaks Boudoir shall be held harmless for any and all injury to Client during the course of the Photography Session and the immediately surrounding events. Distant Peaks Boudoir shall be held harmless for any and all economic, reputational, or any other damages to Client resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. Client agrees to defend and indemnify Distant Peaks Boudoir for any legal claims by third parties resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. Client further agrees to defend and indemnify Distant Peaks Boudoir for any and all legal claims caused by intentional or negligent acts of Client.
22. ENTIRE AGREEMENT. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.
23. WAIVER. Any waiver of a breach or default of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach or default of either the same provision or any other provision of this Agreement.
24. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado.
25. ATTORNEY’S FEES. If either party to this Agreement brings a legal action, including, but not limited to litigation or arbitration, against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
26. CONSTRUCTION. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
27. SEVERABILITY. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceable shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.