This Contract is between the Client (You) and Stylist Miss Victory Violet with Photographer, Tigz Rice.
AGE OF CONSENT: The Client confirms that the Client is aged 18 years or older and is eligible for boudoir photography services.
SERVICES: The services to be provided under this Contract are as follows:
i) 90-120 min professional hair styling and makeup application from Miss Victory Violet
ii) 60 min photo shoot with Tigz Rice.
iii) 90 day access to an online gallery of un-retouched proof images.
iv) 3 re-touched Images, provided in high resolution via digital download
PAYMENT: The Client shall make a non-refundable payment in the amount of £390 which shall be considered a Booking Fee. Upon payment, Miss Victory Violet will reserve the time and date agreed upon by both parties. The Client agrees that this payment is earned by Miss Victory Violet and Photographer when paid, and is remitted in consideration of the experience, reputation, skill of Miss Victory Violet and the Photographer, and in consideration of the inability of the Miss Victory Violet and the Photographer to schedule other clients during this time. No appointment is confirmed until this payment has been received.
Payment for any additional products – including re-touched Images – shall be submitted to the Photographer within 24 hours of placing an order. No products shall be delivered until the entire amount is paid in full. Due to the custom nature of photography, all sales are final.
Any payment plan agreements agreed to by the Photographer and the Client shall be included as an addendum to this Contract.
PAYMENT PLAN: If the Client has opted to use the Payment Plan option and secure the booking with a 50% non-refundable deposit, the balance will be due 45 days after the first payment was completed. The Client will receive a automatic email with a link to pay the balance on this date. Failure to pay the balance within 7 days of it being due, will result in forfeiture of booking and deposit.
CANCELLATION: If the Client requests to cancel this Contract or fails to show up on the agreed upon date and time, the retainer shall be forfeited.
PHOTOGRAPHIC MATERIALS: The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 14 days of the photographic event. The online proofing gallery shall remain open for 90 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a £100 per year un-archival fee shall apply.
COMPLETION SCHEDULE: Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Retouched Digital Images shall take up to 12 weeks from time of order to be processed and delivered to the Client.
PHOTOGRAPHER’S CREATIVE LICENSE: The Photographer shall be granted creative and artistic licence in relation to the photographs and judgement on photographic style. The Photographer will make every effort to accommodate Client requests, although cannot guarantee that any specific photo will be taken. The Photographer 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.
STYLISTS CREATIVE LICENCE: Miss Victory Violet will discuss with the client about their wishes for how the hair and makeup should be styled. Every effort will be given to create the desired style but the Client accepts that due to the nature of everyone’s hair being different, styles will differ to that of reference images.
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 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 retouching may be requested by the Client and will be charged according to the Photographer’s current rates.
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 without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer does provide the Client permission to resize photographs for Internet-based usage.
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 authorisation to a third-party to make, reproductions of works resulting from this Contract without 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 Photographer in the caption of all photographs uploaded to social media websites and profiles.
PRIVACY: Due to the personal nature of boudoir photography, the Photographer will not sell, license, or otherwise distribute your images or personal information to any third party without your express permission.
FAILURE TO PERFORM: If Miss Victory Violet or 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 shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return any payment 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 to the fee paid to the Photographer by the Client.
LIMIT OF LIABILITY: The responsibility of Miss Victory Violet, Tigz Rice and any agents, assistants or employees to compensate clients in the case of cancellation, negligence, or breach of contract, shall be limited to the fee paid to Miss Victory Violet by the Client.
LIMIT OF FILE STORAGE: The Photographer may destroy, delete, or otherwise erase all un-ordered image files 6 months after the photographic event. Purchased images will be kept on file for 1 year after initial purchase only. After you have received your images, it is your responsibility to make sure they are stored safely. If you require the images to be re-sent after initial receipt, this service will be priced according to Tigz Rice’s current price list.
WARDROBE AND STYLING: The Client is responsible for choices in wardrobe, including direction of hair and makeup during the Session. No re-shoots are available due to the Client disliking the wardrobe or styling in photos.
USE OF INDEPENDENT CONTRACTOR: The Photographer is not liable for any application or services by an Independent Contractor. This includes, but is not limited to, allergies as a result of use of products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
COMPLAINTS: Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images.
ARBITRATION: Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, 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 £1,500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
INDEMNIFICATION: Miss Victory Violet and the photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events.
DAMAGE: The Client accepts responsibility for their individual actions whilst on location and agrees to cover any costs relating to damage caused to the location, photographic equipment, or other persons as a direct result of their actions, whether accidental or malicious.
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 UK law.
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.
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.