here is a copy of your
Boudoir Portrait Agreement
This Portrait Agreement (“Agreement”) is entered into as of the date listed below, by and between Mermaid Lake Photography, LLC with a primary address of 34126 Enchanted Way Locust Grove, Va 22508 (“Photographer”), and CLIENT with a primary contact address listed below (“Client”), each a “Party” and collectively the “Parties.”
By entering into this Agreement, the Client represents they meet the age of majority requirements in accordance with the laws of the State/Commonwealth of Virginia for the purposes of creating boudoir photography. Client will provide to Photographer valid state-issued photo identification prior to the session.
For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows.
Definitions
The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to Mermaid Lake Photography 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 date listed below.
The terms “Agreement” and “Contract” refer to this duly executed contractual obligation between Parties.
“Boudoir photography” for the purposes of this agreement is defined as a photographic style featuring intimate, sensual, and romantic images of its subjects in a photographic studio, bedroom, or private dressing room environment, primarily intended for the private enjoyment of the subjects and their romantic partners. It is not commercial in nature and for the purposes of this agreement boudoir photography will not include bodily penetration. The Photographer will not provide photography services for poses or acts intended for use as pornography unless otherwise agreed in writing. This determination will be left to the Photographer’s discretion. The Client is not permitted to utilize the photographs for commercial use. The Client must be aware of the legal implications of the usage of the photographs and comply with all state and federal regulations. Client agrees to indemnify and hold harmless Photographer from any liability, claim or other cause of action arising out of or related to Client’s use of the photographs as pornography.
Booking and Payment
The Photographer's total fee for this session can be found in the invoice which includes a non-refundable payment of $99 (“initial nonrefundable payment”) that must be paid at the time of signing this Agreement. The session 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 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
No products will be delivered until the entire amount is paid in full. Acceptable payment methods include check or credit card, payment plan via Affirm. 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.
$99 will be used towards product credit within 12 months of shoot and will not be refunded if not used.
Pre-Session Consultation & Requests
The Photographer and Client agree to a pre-session consultation at least 2 weeks prior to the session. The consultation will work to finalize the schedule, location(s), and the Client's particular requests. All specific photographic requests will be received by Photographer at least 2 days prior to event. You will also have a pre art consultation with design team via zoom prior to your session to go over all album/wall art upgrades.
Session Details
The photographic session will occur at photographers in home studio located at 34126 Enchanted Way, Locust Grove, VA 22508 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 the Virginia State Milage Fee for any travel which will be invoiced prior to the session.
The photography session will occur for up to 2.5 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.
Styling
The Photographer retains creative control of the session, including, but not limited to, the adjustment of hair, makeup, jewelry, clothing, and clothing straps. All final choices will be made by the Photographer.
Completion Schedule
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/CanvasAcrylic Blocks will take unto 4 weeks from time of print order to be processed and delivered to the Client.
Albums will take up to 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. An expedited fee of $200 will be applied to expedited product requests. 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/before close of the online gallery.
Use of Independent Contractor
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.
Photographic Materials & Artistic Discretion
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.
If the Client wishes to submit photographs to any online or printed publication, they must obtain written permission from Photographer, unless otherwise stated in the Print Release.
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will receive a gallery of photographs selected by photographer to select from. Photographer also retains the right to creative control in post-processing.
Included photograph retouching includes color correction, cropping, removal of minor blemishes and bruises, minor skin smoothing, removal of minor stray head hairs, softening of cellulite, wrinkles and stretch marks, sharpness and other edits at Photographer’s discretion.
Additional retouching and processing will, at Photographer’s discretion, be requested for $25 per file.
Photographer will retain creative control of photograph processing and may, at their sole discretion, refuse editing requests from the Client in accordance with Photographer’s professional standards.
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. Any restrictions on publication will be governed by the Model Release.
Products Included & Additional Purchases
In Exchange For a Signed Model Release, You’ll Receive:
An Unforgettable Boudoir Session with Mermaid Lake Boudoir
Professional Hair & Makeup!
Professional Posing Guidance!
Access to a Full Client Closet!
Reveal Experience to Select Your Luxury Products!
BONUS:
A Complimentary 8 x 10 Print!
Prints and Products sold separately
Additional upgrades available during your reveal appointment
Product Pricing and fulfillment
- Total package contents and cost is listed in the invoice. 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.
- After each photographic experience with Mermaid Lake Photography, the client will review the images 1:1 with photographer, virtually or in person. At this appointment clients will select, and finalize the customizations for products previously purchased or added on at the time of the appointment.
- Due to the custom nature of our studio products, clients agree to finalize and process payment for all purchases at the time of their design and order session, all purchases are non-refundable. Additional fees will apply to clients needing further time to finalize their design. Canceled orders are subject to a 50% cancellation fee and forfeit of the purchased products.
- The Studio also reserves the right to charge additional fees for any image editing requests outside of what it deems to be minor adjustments.
- Once the final products are delivered, The client has 2 weeks from delivery receipt date to view the products and digitals and inform Mermaid Lake Photography of any errors or changes needed. After 2 weeks, if Mermaid Lake Photography hasn't received a response or confirmation, The Client gives Mermaid Lake Photography the right to remove master files and designs off of our server in order to make room for future jobs. Additional fees for recovered images and designs will apply.
- Furthermore, should The Client become unresponsive after a period of 60 days, the Client releases Mermaid Lake Photography of any obligation for fulfillment of outstanding products/services. Products or services not rendered due to the Clients unresponsiveness are non-refundable.
All product and image purchases are final.
If after one (1) calendar year from the date Photographer notified Client of product(s) for pick up the Client fails to claim the product(s) ordered, the items will be forfeited, and no refund given to the Client.
The Client will view and approve the state of the album before ordering. If there are any manufacturer defects, the Client will return the album to the Photographer within fifteen (15) calendar days of receipt for repair. The Client agrees that the Photographer and/or third-party supplier are not at fault if the defect is self-inflicted by the Client or if they have not properly cared for the album or has caused purposeful damage in any way. Repair will not be covered for reasons including, but not limited to torn page(s), dented cover, broken spine, spilled items, or another general mistreatment by the Client. The Client agrees that submitting the album back to the Photographer with a manufacturers’ defect will not result in any layout changes, and only the defect will be repaired.
The Client consents to sharing of photographs over the internet via photo gallery or other means utilized by Photographer. The Photographer will use every best practice to ensure the security of the system(s) utilized for photo sharing. The Client will release, indemnify and hold harmless the Photographer from any data breach or other software malfunctions leading to the sharing of Client’s photographs through no fault of the Photographer.
Cooperation
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.
Any relevant medical issues, posing restrictions and allergies should be disclosed before the photoshoot.
In-Session Events
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 1 other individual.
The use of illegal drugs is not permitted on the Photographer’s premises. 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.
The Photographer is not liable for any theft, injury, loss of personal items, expenses, or damages that occur during or in connection with the Session. Client will be responsible for damage of Photographer's props, if used in course of the Session.
For the security of the Photographer and Photographer’s equipment, the studio may utilize video surveillance cameras. Any such cameras’ footage will be secured, with controlled access, for use only by Photographer and/or law enforcement in the event of an incident in the studio for which review of footage is required. Otherwise, video footage will not be viewed. Client acknowledges the presence of such cameras are for security purposes only. Client will indemnify and hold harmless Photographer from any liability resulting in the breach of any cloud or other security footage storage.
In addition to the above, the Client will adhere to Photographer’s Studio Rules and Best Practices, which are incorporated into this agreement by reference.
Outdoor Session
The session will take place outdoors. If 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’s discretion.
The Client will assume all risks associated with the outdoor location(s) where the Client is photographed.
The Client understands that the nature of what may be possible for outdoor boudoir sessions is limited based on public ordinances, location requirements, and other location-based restrictions. Client will at all times abide by such location guidelines. If Client chooses to ignore guidelines, they do so at their own risk.
THE CLIENT IS AWARE THAT PARTICIPATION IN AN OUTDOOR BOUDOIR SESSION MAY INVOLVE PHYSICAL ACTIVITIES THAT COULD POTENTIALLY LEAD TO INJURY OR EVEN DEATH. THE CLIENT VOLUNTARILY PARTICIPATES IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CLIENT’S PARTICIPATION IN THIS ACTIVITY.
Cancellation
If the Client fails to show or cancels 7 calendar days before the agreed upon photographic event date, the initial non-refundable payment will be forfeited AND a $500 fee will be charged to your card.
Rescheduling/Late Arrivals
If the Client submits a written request to reschedule services at least 2 weeks prior to the event date, the initial nonrefundable payment may be applied to the new date within the next calendar year. In the event the reschedule request occurs within 1 week of the original event date, the Client will be required to remit a new initial nonrefundable payment of $349 as set forth in the Photographer’s Standard Price List at time of request. All reschedules are subject to Photographer’s discretion.
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 and/or travel to the shoot location 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.
Confirmation is required 24 hours before shoot. If you do not respond to any communication from photographer, photographer has the right to cancel the session.
Safe Working Environment
The Client agrees to abide by Photographer’s studio rules and treat Photographer and the Photographer’s staff with respect and dignity and that the Photographer is provided with a safe working environment.
Safe working environment issues include but are not limited to, guests, attendees or other vendors of the sessino committing any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation, the Client will not be entitled to any refund.
The parties will maintain professionally for the duration of the session. If the Client engages in sexually inappropriate behavior during the session, or otherwise causes the Photographer to be uncomfortable due to unwelcome verbal or physical actions of a sexual nature, Photographer may end the session without refund or reschedule available to Client.
Failure to Perform
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.
Indemnification & Liability
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. Client agrees that the maximum amount of damages he/she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the total of monies paid to the Photographer by the Client.
Legal 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 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/Commonwealth of Virginia and the County/City of Orange County 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/Commonwealth any action may be commenced, this Agreement will be deemed to have been made in such State/Commonwealth and will be governed by and construed in accordance with the laws of such State/Commonwealth.
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.
Notice
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:
Photographers Email: mermaidlakephoto@gmail.com
Client email provided
I, the Client, do affirm that I am of sound-mind and legal age in accordance with the laws of the State/Commonwealth of Virginia to enter into this contractual relationship for boudoir photography services.
Model Release
This Model Release (“Agreement”) is entered into as of the date signed, by and between Mermaid Lake Photography, LLC with a primary address of 34126 Enchanted Way, Locust Grove, Va 22508 (“Photographer”), and client with a primary contact address of address listed in contract. each a “Party” and collectively the “Parties.”
This Agreement governs the Client’s publicity rights as it relates to the Photographer’s use of photographic images and is incorporated with the executed Photography Agreement entered into on DATE below
Client authorizes the Photographer, and/or any assignees and licensees, to use and to create images, and any reproduction of them in any form in any media whatsoever, for promotional materials, online marketing, portfolio, and other areas of marketability. Client also consents to the use of the Client’s own name or any fictitious name, which may be chosen in connection with the aforesaid photographs.
Client acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights. Client acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction, unless outlined specifically in this Agreement.
Client acknowledges and agrees that the photographs created by the Photographer will become and remain the exclusive property of the Photographer, and that the Client retains no rights to said photographs unless specified particularly in this Release. Client waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos.
Client acknowledges they are of legal age to submit to the use of the Photographs as described within this release. Client acknowledges by granting permissions as described within that Photographer’s use will not result in any claims of misconduct related to Client’s age, occupation, or public status.
Client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, re-use, publish, and republish photographic materials which contain the Client’s image in accordance with the below permissions. Client understands this release is non-revocable, meaning Photographer will have permissions to use the types of images described below in perpetuity, regardless of Client’s changing life circumstances or future requests, and regardless of the nature of the images.
After both Parties full and joint review of the Client’s gallery, this release will be limited to the following types of images, as identified by the Client (the “Photographs”):
Images with implied nudity
Images with partial nudity
Images with actual nudity
Images where Client’s face is not visible
Images with Client’s face is partially visible
Images with Client’s face fully visible
The Client gives permission for these identified images to be used in the following ways:
Printed promotional materials
Printed portfolio samples
Online use (including but not limited to social media accounts, website and blog display)
Other areas of marketability by the Photographer
Client acknowledges and affirms that no pre-existing agreements of any sort exist between themselves and any other entity which may prevent or restrict Photographer from using their likeness in any manner.
signed contract
Fierce
over
