Boudoir Photography Agreement

BOUDOIR PHOTOGRAPHY AGREEMENT
All other concerns aside, what is the ideal image you would create with us? Please describe your vision in as much detail as you are able:*
Name*

First NameLast Name
Email*
example@example.com
Phone Number: *
Please enter a valid phone number.
Photography Session Date Requested (Subject to Availability):*
Client’s Preferred Location for this photoshoot:,
This Agreement is between {name}, (the “Client”), and the photographer of Wylde Studios.

The services to be provided under this contract are as follows:

EXPERT WARDROBE & STYLE CONSULTATION (UP TO AND THROUGH THE PHOTOSHOOT ITSELF)

60 MINUTE PHOTOSHOOT (MINIMUM CAMERA TIME, UNLIMITED CLIENT OUTFITS OR “LOOKS”, SUBJECT TO TIME & A LA CARTE ITEMS)

PROFESSIONAL RETOUCHING OF ALL IMAGES (additional “Art” edits are separate and extra unless noted as included in collection purchased)

IN PERSON “REVEAL” & ORDERING SESSION

10+ FINAL IMAGES PRESENTED IN CLIENT’S CHOICE OF OFFERED ART PRODUCTS *

SELF ESTEEM AND CONFIDENCE BOOST (PRICELESS!)
Designate your personal password or phrase (some people use their mother’s maiden name). This is for your privacy. This will be used to verify any unusual request by you or any third party claiming to make ANY request for you on your behalf, so that we know it is in fact authorized by you in advance:*
1. RETAINER AND PAYMENT

The Client has paid a non-refundable retainer payment in an amount of at least $499.00 for the photographer of Wylde Studios (the “Photographer”) to perform the services specified herein and selected below. The full photography session & product fee amount(s) will be due and payable prior to delivery of any final art products. Additional fee(s) may accrue and be required in this full payment for any selected optional services, including but not limited to: professional hair & makeup immediately prior to the client’s session, generation of a custom boudoir video, a couples session, additional shooting time, use of Angel Wings, Sheet Set, Shower Set, Milk Bath, Cloud Set, other special theme materials or custom set, etc.. Flowers, candles, and other seasonal or perishable items will be quoted and invoiced as necessary. Upon payment of the retainer fee, Photographer will reserve the time and date agreed upon by both parties. Client hereby agrees that the entirety of any sums paid have been earned in full by Wylde Studios at the time when paid by client, are therefore non-refundable, and such sums are remitted by client in consideration of the experience, reputation, creativity, skill, and time of the Photographer and in consideration of the inability of Photographer to schedule any other client(s) during this reserved time. Additional fee(s) and upgrades above and beyond the base photography collection fee may be refunded in the sole discretion of Wylde Studios less any actual expenses incurred at the time of client’s request. Client understands that Wylde Studioss photography product collections, photography session and services included are priced $950 & up. Digital images a la carte begin at $250 per image. Additional art products are available a la carte if client prefers. As an alternative and at a discounted price, Client may purchase a product package in advance of the photoshoot. Any specific discount for prepayment of any product(s), package(s), or collection(s) are subject to the sole discretion of Wylde Studios. Prepayment in full for product packages (referred to as “collections”) may receive an additional discount(s) and are non-refundable, separate from, and in addition to any retainer or base fee paid for the photoshoot, which will be credited against any final purchases made by the client. The client maintains the right to upgrade or add on any additional art products or art item upgrades at the listed price on the date this agreement is fully executed by all parties during their image “reveal” & ordering session. All sales are final and returns for refund or exchange will not be accepted. Except for Prepayment Orders, payment for product orders shall be due in full and submitted to Wylde Studios at the time of the order, whether via an in-person or product session.Any payment plan agreements agreed to by Wylde Studios and Client shall be included as an addendum to this Agreement. If payment is not made in full according to such payment plan agreement, additional interest shall accrue at a rate of 10% per annum on any unpaid portion(s) from the date of commencement until paid in full. No final art products shall be delivered to the client until the entire amount due is paid in full.
2. ADDITIONAL TRAVEL OR SITE FEES.

Apart from any designated studio, Photographer will not travel outside of SAN DIEGO, California, or the following site address: {clientsPreferred} to provide the Photography Session unless there is a written addendum to this Agreement providing for additional payment to Wylde Studios for time and costs of any travel. Likewise, any additional cost(s) for a custom dedicated site (i.e. particular hotel, AirB&B, or other setting rented for a session specific to this client and shoot) shall be the sole responsibility of the client. Client will arrange any necessary reservation(s) and or pay any applicable fee(s) due for site rental specific to the client’s specifications for this shoot. All such arrangements will be discussed at scheduling and agreed upon between photographer and client at time of scheduling and set forth and confirmed in writing separate from this agreement, which same may be done by email and will act as an addendum to this agreement upon acknowledgement & acceptance by client and photographer. This may include special site settings or items such as fresh flowers, etc..
3. CANCELLATION.

Wylde Studios agrees to reserve and not make any other reservations or accept any other client(s) 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 Wylde Studios and client agrees hereby have been earned in full by Wylde Studios & AEllis in order to offset their loss of business as well as to compensate for service(s) already prepared and or performed. In all circumstances, all sales are final and all payments are non-refundable, with the sole exception of a voluntary cancellation by AEllis or Wylde Studios without any breach of contract by Client. AEllis & Wylde Studios reserves the right in its sole discretion and in exercise of the artist’s creative expression to cancel any session at any time for any reason whatsoever; if this option is exercised prior to the commencement to the photo session and without breach of contract by Client, Client will be refunded any unearned fees paid to Wylde Studios less any payment processing fees incurred. Such cancellation may be communicated in writing to the Client’s email as provided on this agreement or by verbal or written notice to the phone number provided on this agreement by Client in advance of the photography session.
4. RESCHEDULING.

As a courtesy, Wylde Studios provides the client with a single opportunity to reschedule their photography session if necessary due to unforeseen event(s). In the event that Client requests to reschedule the Session Date, the client’s retainer shall be applied to a mutually agreed upon rescheduled session date and time if written notice is given to Wylde Studios at least 14 days prior to the Session Date. If Client provides less than 14 days’ notice, Client forfeits $250.00 of fees paid (Client will be charged $250.00 upon rescheduling). Reschedule must be within the same calendar year.
5. LATE ARRIVALS & NO SHOWS.

If Client is more than fifteen minutes 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 are forfeited and there will be no available options to reschedule (unless, at sole discretion of Wylde Studios, 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 shall take up to (4) FOUR WEEKS from date of final design approval by Client to be received by the Photographer. Metal, Acrylic, or Canvas Fine Art wall prints shall take up to (4) FOUR WEEKS from the date of final approval by Client to be received by the Photographer. Custom Fine Art (includes all customized commissions separate from strict photography & includes acrylic, resin, and mixed media productions) shall take a minimum of (4) FOUR WEEKS from the date of final approval by Client to be produced and received by the Photographer. Client should place orders with sufficient time to allow for normal delays and notify Wylde Studios at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. A minimum expedited fee of $150 shall be applied to expedited product requests. Wylde Studios 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 that Wylde Studios furnishes a hair and/or makeup artist, Wylde Studios is not liable for any application or services by this independent contractor. Client agrees to release and hold harmless Wylde Studios 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 Wylde Studios 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 or immediately prior to the Photography Session, within the limit and sole discretion of the photographer on scene. Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images. Wylde Studios reserves the right to cancel or stop the Photography Session or otherwise deny services at any time if Wylde Studios 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, Wylde Studios 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, significant hair coloring, 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, aware and consenting to both nudity and being photographed in an unclothed state, without being coerced, influenced, and of his/her own free will. Proof of Client’s age is required for all clients in the form of at least one government issued ID document. Two (2) documents may be required for certain shoots, dependent on subject matter. NO SHOOT WILL PROCEED WITHOUT PROOF OF CLIENT’S AGE ON FILE with Wylde Studios.
12. LEVEL OF NUDITY.

Client agrees that the level of nudity Client shows during the Photography Session is at Client’s own sole discretion. Client agrees that Client will not do anything that 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.

Wylde Studios retains the right of discretion in selecting the photographic materials released to Client. Client shall receive a gallery of no less than 40 photographs to select from and shall not receive any photographic materials not presented to Client. Wylde Studios 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 digitals, negatives, transparencies, proofs, and previews, shall be the exclusive property of the photographer & Wylde Studios. 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 as outlined in this agreement.
15. PRODUCT ORDERING SESSIONS.

Wylde Studios shall make image proofs available through an agreed upon in-person or online product consultation. These proofs shall be available for in person viewing by the Client within 2 weeks of the photographic event when unable to be completed the same day as the photography session where they were created. 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 ORDERING SESSIONS.

In the event Client prefers an online session rather than an in-person product session, Wylde Studios shall host a screen sharing via Zoom or equivalent service to show and review the image proofs with Client. These proofs shall be available to the Client within 2 weeks of the photographic event. All orders shall be placed during this 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. AEllis & Art by Wylde Studios shall own the copyright in all images created under this Agreement. If Wylde Studios desires to use, publish, display, and/or sell any image, Wylde Studios shall not do so without first obtaining a Model Release, signed by the Client stating their release of Client's images. If Client declines the Model Release, no use of the images will be public, and the images will remain private and are only seen by the staff of Wylde Studios, Client, and any professional third party vendor(s) utilized by Wylde Studios to produce client’s final art product(s). If Wylde Studios desires to make any use(s) of Client’s images outside of uses stated in Client’s signed Model Release, Wylde Studios shall not do so without first obtaining the written permission of the Client. The Model Release is a separate "Permission Slip" document Client will sign giving consent or declining consent at the Photography Session or no later than delivery of the products ordered. It is understood that any duplication or alteration of original images, without the express written permission ofWylde Studios, 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. Wylde Studios DOES provide the Client permission to resize photographs for Internet-based usage so long as their is no substantive change to the image(s)’s content.
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 Wylde Studios. Further, Client shall not authorize reproductions by non-purchasers covered within this Agreement. Additional prints, art products, and/or high resolution digital files may only be purchased from Wylde Studios. Accordingly, if Wylde Studios provides a digital file print release, Client must act in accordance with the release in all use(s) of the images provided.
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 use and display: “Copyright ©2024 AEllis,” “Copyright ©2024 Wylde Studios,” “Copyright ©2024 Wylde Studios,” "@wylde.studios,” or "@wykd.side.studios" in the caption of all photographs uploaded to social media websites and profiles to identify Wylde Studios or the Photographer.
20. FAILURE TO PERFORM.

If Wylde Studios 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 Wylde Studios, Wylde Studios and Client shall make every attempt to reschedule the Photography Session. If a reschedule is unable to be agreed upon, Wylde Studios shall return the retainer to Client and shall have no further liability. Further, if Wylde Studios is unable to deliver photographic materials due to technological malfunctions, including but not limited to, camera and processing, or otherwise lost or damaged images without fault of Wylde Studios, Client hereby agrees that Wylde Studios’s liability shall be limited in full to the sum total of all monies paid to Wylde Studios 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 Wylde Studios’s standard price list at the time the order is placed, which is made available and disclosed in full no later than at the client’s ordering session. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when such an order is placed, subject to prior notice to Client of current prices. The current price list may be affixed to this contract, in which case those prices remain binding on all products related to or derived from this session. The current price list can be found at: https://express.adobe.com/page/kBFC9pGKTKU0P/
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 Wylde Studios’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 $250. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
23. INDEMNIFICATION.

Wylde Studios shall be held harmless for any and all injury to Client during the course of the Photography Session and the immediately surrounding events. Client understands and agrees that the resulting images may be of a private nature and that Wylde Studios and the Photographer make the task of keeping these images private their absolute priority. Client understands that Wylde Studios utilizes professional third party vendor services in creation of the final art pieces, that such vendors and their employees may view the images as a result, and client hereby agrees to hold harmless and indemnify Photographer and Wylde Studios against any misuse or publication by any and all such third parties. Client understands that they are advised not to perform this photo shoot if Client feels that in the unlikely event that the resulting images enter the public eye they might dramatically affect or negatively impact Client’s life. Wylde Studios shall be held harmless for any and all economic, reputation, or any other damages to Client resulting from the nature, subject matter, composition, or dissemination of images or from any derived image or media resulting from the original images taken during the Photography Session. Client hereby agrees to hold Photographer, Wylde Studios, and all related parties harmless for any unintentional public revelation or display of these images despite their best efforts and intentions. Client agrees to defend and indemnify Wylde Studios for any legal claims by third parties resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. However I am aware of the very remote risk of theft or human error. Client agrees to defend and indemnify photographer & Wylde Studios for any and all legal claims caused by intentional or negligent acts of Client.
24. 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. Acknowledgement by email will suffice for a signature to such modifying addendum where the modified terms are clear within the same email.
25. 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.
26. GOVERNING LAW.

This Agreement shall be governed by the laws of the State of California.
27. 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.
28. 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.
29. 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.
30. EXECUTION.

This agreement is considered executed by the representative of Wylde Studios at the date and time electronically transmitted to the client if the client signs this agreement in an electronic or digital medium and the amount(s) due and agreed have been paid or transmitted by the client to Wylde Studios, or at the date and time noted in writing hereon by that representative at the same date and time that they physically accept a document with a traditional “wet” or physical signature affixed by the client and then countersigned by the noted representative of Wylde Studios in the event the client is unable to sign in an electronic or digital format and returns this agreement signed. In the event that the Client is required to sign this document with a physical signature, any copy or facsimile of that signature is to be treated in all respects the same as and remains as binding as any original signature.
The foregoing agreement has been read in its entirety, understood, acknowledged, and by client proceeding to sign is hereby agreed to by:

Connor Wylde for Wylde Studios.
and
{name}, of {email}, and {phoneNumber}.

* Any included prints are museum quality archival photo paper only and can be exchanged for your choice of: 2 additional images included in your final product order, OR $100 credit towards any product purchase(s) made following your photo session at your image reveal, including art upgrades. You may ask to review our published regular product pricing at any time.
Please take a clear photo of your government ID (this confirms your legal age/identity) to complete your paperwork / records. All clients are required to produce documentation they are of legal age prior to their photoshoot due to the sensitive nature of our sessions. This information becomes a part of your agreement and is used for no other purpose.*
Signature*

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BOUDOIR PHOTOGRAPHY AGREEMENT