[COMPANY NAME]'S CONTRACT

FOR BOUDOIR SESSIONS

Please read carefully and fill out all of the options accordingly.

Boudoir Contract

Full Name *

Address *

Phone *

Email *

Please type date, time of your shoot. *

Hello! Thank you for hiring me to photograph you! Please read the information below thoroughly to prepare for your session! Please read through and electronically sign this contract within 24 hours to complete your booking. Signature and submit button is located at the bottom of contract.

This Portrait Agreement (“Agreement”) is entered into by and between Infinity Imagery NW, a Idaho Sole Proprietor with a primary address of 602 E Garden Ave #5 Coeur d’Alene, Id. 83814 (“Photographer”), and (“Client”), each a “Party” and collectively the “Parties.” For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows.

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1 Definitions:

1.1 The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to Infinity Imagery NW and all agents, employees, or other representatives. The terms “you” and “your” refer to the Client and all agents, employees, or other representatives. The term “including” means “including, but not limited to.” The term “session”, “event”, and “photographic session” refers to a hired photographic session for the purposes of taking custom photographs for boudoir photography to be photographed on agreed date as stated above at 9am. The terms “Agreement” and “Contract” refer to this duly executed contractual obligation between Parties.

2 Booking and Payment :

Retainer *

2.1. The Photographer's total fee for this session has been agreed upon by both parties(“retainer price”), which is a non-refundable payment. (“initial nonrefundable payment”) that must be paid at the time of booking unless otherwise agreed upon to execute the Agreement. The listed date will not be reserved until this Agreement is fully executed. Upon payment, the Photographer will reserve the time and date agreed upon by both Parties. The Client agrees that this non-refundable retainer payment 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 for product orders will be submitted to the Photographer prior to gallery delivery, whether via online proofing service or in-person viewing. Any payment plan contract agreed to will be included as an addendum (“Attachment A”) to this Contract. A late payment fee of $25 will be applied to the late payment amount in accordance with the payment plan Contract. No products will be delivered until the entire amount is paid in full. Acceptable payment methods include cash, check, or credit card. Returned checks are subject to a $50 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary.

3 Session Details :

3.1. The photographic session will occur at Infinity Imagery NW studio unless otherwise agreed upon. If Client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, and other expenditures directly required for fulfillment of this Agreement. The Client will pay $199.00 for any session away from Infinity Imagery NW studio location, unless otherwise agreed upon. The photography session will occur for up to 2 hours, including preparation and dressing. This time is exclusive of any initial hair and makeup styling. The Client may have up to 4 outfits for the photographic session.

4 Styling :

4.1. The Client will retain full responsibility for styling choices, including but not limited to wardrobe, makeup and hairstyle. Photographer discussion and comments will only be construed as professional recommendations for consideration and not be deemed final choice. The Client does give Photographer permission to touch their person during the session. This includes, but is not limited to, adjustment of straps, clothing, and hair. All styling choices made by Client at the event are final and no additional photographic sessions will occur due to styling choices.

5 Completion Schedule :

5.1. Completion schedules and delivery of products will 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, Canvases, and Metal will take 3-4 weeks from time of print order to be processed and delivered to the Client. Albums will take 3-4 weeks from date of final design approval by the Client to be received by the Photographer. 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. Client will be responsible for any expedited fee at their product request. The Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services. The Photographer does not provide archival services. All photographs and products must be purchased at the sales session.

6 Use of Independent Contractor :

6.1. In the event a third-party Independent Contractor is hired for services and/or products for the photographic session, the Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor or for products provided by such Contractor. Client agrees to indemnify and hold harmless Photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Contractor. The Client will retain full responsibility for failing to provide feedback on any services, including hair and make-up, prior to the session. The session will not be re-photographed due to dissatisfaction in these services without prior notice.

7 Photographic Materials & Artistic Discretion :

7.1. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of the Photographer. The Client will only use the photographic prints, including digital files, in accordance with the Print Release, which will be incorporated with this agreement. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will receive a gallery minimum of 60 photographs to select from and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to creative control in post-processing. Additional processing may be requested for $4 per file. The Photographer retains the right to cancel the session and retain the initial nonrefundable payment 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 tan, tanning bed, etc.), tattoos, piercings, surgeries. The Photographer will utilize the photographic materials in marketing in accordance with the incorporated Model Release. No photographic materials will be distributed publicly until the Client has had an opportunity to review. Any restrictions on publication will be governed by the Model Release.

8 Products & Additional Purchases:

8.1 The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time when the order is placed. The session retainer price covers only the Photographer’s photographing time, travel, post-processing, and proof preparation. No products are included within the session retainer price. The minimum investment of $699 for prints and products must be paid by the session date with the card on file. For purchase of images and products, Photographer will schedule a Ordering Appointment. The Photographer will make gallery proofs available through an agreed upon in-person product consultation. When the proofs are available, the Photographer and Client will agree upon an in-person consultation date for viewing. These proofs will be available for viewing by the Client within 1-3 weeks of the photographic event. All orders beyond the agreed upon minimum investment of $699 must be placed during the in-person order appointment. The minimum investment paid will be applied to your purchase at your ordering appointment. No archival services are provided. All product and image purchases are final. *

I Agree

9 Cooperation:

9.1 Photographer is not responsible for behavior of Parties involved with the shoot, with the exception of Photographer personnel. If the desired outcome of your session is jeopardized by the behaviors of Parties involved with the exception of Photographer personnel, Photographer cannot be held responsible. The Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.

10 In-Session Events:

10.1 The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund or reschedule available to Client. The use of all recordings, including but not limited to video, phone, digital camera, or audio is strictly prohibited by any individuals at the session. The session will be restricted to the client and one individual. 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 terminate the session immediately and retain all monies paid.

11 Substitute Photographer:

11.1 The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform. 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. The original terms of this Agreement will remain in effect.

12 Cancellation:

12.1 If the Client cancels the session within 7 calendar days of the scheduled date, a $250 cancellation fee will be charged in addition to the forfeiture of the non-refundable retainer. This fee is not transferable and will not be applied to future services or products. *

I agree

13 Rescheduling/Late Arrivals:

13.1 Clients may reschedule 15 or more calendar days before the session at no additional charge. The non-refundable retainer will carry over to the new date, which must be scheduled within one calendar year and is subject to the Photographer’s availability. If the Client reschedules within 14 calendar days of the original session date, a $250 rescheduling fee will apply. This fee will be credited toward a future product order (such as prints, albums, or wall art), but is due at the time of the reschedule. 13.2 Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client. In the event that the weather conditions are not desirable for the shoot based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer discretion. *

I agree

14 Failure to Perform:

14.1 If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic session. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will 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 will be limited to cost of the contract. In no event will Photographer be liable for any amount exceeding the cost of the contract.

15 Indemnification & Liability:

15.1 Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for his/her waiver or forgiveness of any fees that may still be outstanding.

16 Legal Miscellany:

16.1 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 will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. 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 will 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. The Parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Idaho and the County of Kootenai with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the Parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State any action may be commenced, this Agreement will be deemed to have been made in such State and will be governed by and construed in accordance with the laws of such State. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not apply in interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any Party.

17 Notice:

17.1 Parties will provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent by email to the address listed below: Photographer Email: hello@Infinityimagerynw.com

Rebecca Miller

Infinity Imagery NW

THE CLIENT has read and understood the above statements about THE PHOTOGRAPHERS' use of images and agrees to the following, of his/her own free will (please check):

I, THE UNDERSIGNED CLIENT, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBLITIES, AND RELEASES THERIN. *

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