STACEY MARIE PHOTGRAPHY'S CONTRACT
FOR BOUDOIR SESSIONS
Please read carefully and fill out all of the options accordingly.
Stacey Marie Photography Boudoir Contract
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.
Hair & Makeup and the photography session will take place at photographer's home studio unless otherwise specified:
PHOTOGRAPHY ADDRESS:
10027 Reagan Dairy Trl., Bradenton FL, 34212
How to prepare for your session: Read all emails that Stacey sends to you. They contain a TON of information that will help you prepare. Please do NOT spray tan before your session. Spray tans do not photograph well and leave permanent damage on studio furniture and props. Avoid long exposure to the sun as well; we don't want sunburns! Please hydrate the week of your session. Moisturize your skin, including your feet and elbows. Don’t forget to eat before your session! You’ll be burning lots of calories during your session.
Copyrights: Stacey Marie Photography owns and retains all copyrights in any and all work(s) it creates or produces during this photography session pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered.
Punctuality: I do shoot out of my home studio. Please do not arrive early as I will be seeing my husband off to work for the day and getting my 3 cats fed and settled in for their morning naps. Your Hair & Makeup artist will arrive a few minutes before your appointment. Please be right on time. I will have ordering appointments after your session so being late will shorten the time we have for your shoot.
All collection orders, print credits, and product choices must be placed within 6 months of shoot date. After that date, they expire.
By signing this Contract, you are agreeing to the following terms and conditions:
1 Delivery of Services, Images, and Products
1.1 The photography session will be held on the selected date above unless otherwise specified in this Agreement.
1.2 Stacey Marie Photography will have edited images ready for the Ordering Appointment within 10 business days.
1.3 Stacey Marie Photography will contact Client to set up a mutual time to view images and order products.
1.4 Once Images and Products are selected and the Invoice is Paid in Full, all Products will be ordered.
1.5 Albums, Wall Art, and other art work take up to 8 weeks to be produced and delivered once ordered. If digital images are being purchased, they will be available once the invoice is Paid in Full.
2 Cancellations, Rescheduling, Terminations and Refunds :
2.1. If the client wishes to terminate this contract, notice must be given to Stacey Marie Photography. A termination agreement must be signed by the client and Stacey Marie Photography. The non-refundable retainer will be forfeited by the client to compensate Stacey Marie Photography for holding the client’s date for them and for work already done to prepare for their session (consultations, emails, texts, booking hair and makeup artist, etc.). If the client terminates a session with a discounted retainer fee, the client shall owe the difference between the discounted retainer and the regular session retainer ($400).
2.2 If the client requests to reschedule 30 or more calendar days before the agreed upon session date, all payments made will be applied to a mutually agreed upon reschedule date, and a $200 reschedule fee will apply for the reschedule occurrence. The reschedule date must be within 90 days of the initially agreed upon date. Only 1 reschedule is permitted. All reschedules are subject to Stacey Marie Photography’s discretion and availability.
2.3 If the client requests to reschedule 29 or fewer calendar days before the agreed upon session date, all payments made will be applied to a mutually agreed upon reschedule date, and a $300 reschedule fee will apply for the reschedule occurrence. With a verified emergency or proof of a positive COVID test wherein the client would not be out of quarantine the day of the session the reschedule fee will be waived. The reschedule date must be within 90 days of the initially agreed upon date. Only 1 reschedule is permitted. All reschedules are subject to Stacey Marie Photography’s discretion and availability.
3 Payment Schedule and Fees :
3.1. The first payment, the retainer, is non-refundable. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients. The retainer is due at the time of booking.
3.2 Images, prints, and products are NOT included with the retainer. Images, prints, and products are sold separately. (The exception is if you are a Model Call: You will receive 5 digital images of your choice during your ordering appointment.)
3.3 Print collections begin at $899. Digital collections begin at $999. Albums begin at $1599. 1.) Blush: 25 images in a 5 or 8 inch album with corresponding digitals is $2999. 2.) Pinup: 40 images in an album up to 10 inches with corresponding digitals in color and black and white with a $500 bonus is $3999. 3.) Siren: 55 images in an album of any size offered with corresponding digitals in color and black and white and a $1000 bonus. 4.) Vixen: 75 images in an album of any size offered with corresponding digitals in color and black and white, a cell phone app, and a $2000 bonus. 5.) Bombshell: 100+ images in an album of any size offered, all digitals in color and black and white, a cell phone app, a free session fee for a future session, and a $3000 bonus.
3.4 Due to the custom and digital nature of my work, all sales are final.
4 Albums, Products and Editing :
4.1. I do not edit tan lines or sunburns. I will not edit spray tans either. Spray tans do not photograph well and stain studio furniture and props. If you come to your session with a spray tan, you will be asked to reschedule and be charged the $300 reschedule fee.
4.2 My editing style is light and airy. I want is to bring out your beauty. I remove blemishes, scratches, bruises, anything that isn't permanent. Then, I smooth and soften your skin to remove the fine lines that my studio lights and camera pick up that our eyes can't see. I create a copy and turn it black and white. I won't change the shape of your body or make you look like someone else.
4.3 Albums are custom curated for you. I'll send you a proof before I order your album. You will have to opportunity to make one complimentary change to your album. Changes are due within 24 hours.
4.4 Other products are also custom created for you. If a proof is needed, you will have an opportunity to make one complimentary change to your product. Changes are due within 24 hours.
5 Studio Rules :
5.1. Alcohol. Clients may not bring alcohol into the studio or on the premises. NO EXCEPTIONS.
5.2 Animals. Animals may not be brought to the studio or on the premises. Please be aware that three cats reside in the residence attached to the studio. They will not be in the studio during your session, but should you have allergies, you may wish to consider some allergy medication before coming.
5.3 Weapons. Weapons may not be brought into the studio or into the residence connected to the studio. NO EXCEPTIONS.
5.4 Guests. You may NOT have guests accompany you to your photo session. The only people allowed in the studio are those who are being photographed and the parent/guardian of any minors being photographed. You may bring ONE guest to your reveal.
5.5 Photography/Video. You may not photograph or video any part of the studio or residence attached to the studio without written consent from Stacey Marie, LLC. This includes photographing or videoing yourself within the studio or residence attached to the studio.
6 Copyright and Use of Images :
6.1. Copyrights: Stacey Marie Photography owns and retains all copyrights in any and all work(s) it creates or produces during this photography session pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Stacey Marie Photography and may be used in the reasonable course of it’s business. Permitted Uses of Product(s): Stacey Marie Photography grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides attribution. Personal use includes, but is not limited to, use within the following contexts: 1. In photos on Client’s personal social media pages or profiles; or 2. In personal creations, such as a scrapbook or personal gift; or 3. In personal communications, such as a family newsletter or email or holiday card. Furthermore, the client understands that their personal use right does not allow them to alter images. Altering images means editing, adjusting, adding filters, color correcting (including transitioning to sepia or black and white), photo-shopping, or otherwise altering the image(s).
7 Privacy, Confidentiality and Liability :
7.1. Stacey Marie Photography takes your privacy seriously. Your images will only be shared if you give us permission to do so. You will have the opportunity to tell us how you would like us to share your images, if at all.
7.2 All sessions are confidential. We will only discuss your session, payments, and products with you. We cannot discuss your account with anyone not listed on this contract.
7.3 Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Stacey Marie Photography.
7.4 Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Stacey Marie Photography shall replace the product OR refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
8 Force Majeure:
8.1 Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to: 1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or 2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or 3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
9 Failure to Perform Services:
9.1 In the event Stacey Marie Photography cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: 1. Immediately give Notice to Client, 2. Reschedule to a new date that is agreed upon by both parties, OR issue a refund or credit based on a reasonably accurate percentage of Services rendered; and 3. Excuse Client of any further performance and/or payment obligations in this Agreement.
Governing Law. The laws of FL. govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
This Agreement constitutes the final, exclusive agreement between the parties relating to photography Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
The parties may amend this Agreement only by the parties’ written consent via proper Notice.
The photographer, and Stacey Marie Photography, will never use images for advertising or on social media without written consent from the client. If the client gives consent, these images may be displayed in locations including, but not limited to: online websites, blogs, in studio, online or printed promotional material, social media sites such as Facebook, Instagram, Pinterest and/or TikTok. The client cannot choose afterwards to have these photos removed and they will not be removed if asked. If the photographer, or Stacey Marie Photography, makes an exception and agrees to removes the photos, the client agrees to pay an administrative/damage fee of $500.
THE CLIENT has read and understood the below statements about THE PHOTOGRAPHERS' use of images and agrees to the following, of his/her own free will (please check):
The below signature field is for the business owner.