Photoshoot Contract and Release Agreement

By signing this agreement, 

A. General:

1. I understand that I am purchasing photography services and/or photos from John O'Keefe, owner of Rainbow Boudoir Photography (the "Photographer").
2. I understand I will receive a link to digital photography proofs within two (2) weeks of my photoshoot date, from which I can select my final photographs.
3. I understand that I cannot download, screenshot, or otherwise use photos that are labeled as "proofs."
4. Once my final photos are selected by me, I will notify the Photographer and receive a link to final full size digital photos.
5. I understand that I can download and/or print an unlimited number of photos labeled "final" for personal use only.
6. I understand that I will receive professionally edited photos in jpg format. Original (raw) images remain the property of the Photographer and will not be distributed.
7. I hereby waive my right to any royalty or any other compensation with regard to the usage of the photos referred to in this Form.
8. I authorize the use of my photograph for, but not limited to, publication on the internet, magazines, journals, books, articles, etc., provided that it is done for lawful purposes and within the Photo Usage Restrictions below.
9. I release John O'Keefe from any claims, liabilities, and obligations in regard to obtaining or using the materials.
10. I confirmed that I am at least 18 years of age and I am capable of signing this agreement.
11. I understand that I must provide a valid government-issued photo ID in order to fufill U.S.C §§ 2257- 2257A CERTIFICATIONS law.

B. Photographer Rights:

1. It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer.
2. The Client agrees that they, nor anyone else other than the Photographer, will alter the images in any way; this includes, but is not limited to, re-edits, cropping, color adjustment or filters. Any watermark must remain in the image.
3. Authorship credit in the name of the Photographer (i.e. Rainbow Boudoir Photography) shall accompany the Images when produced or shared through social media or online.
4. Photographer reserves to right to cancel this contract with Client at any time for reasonsable cause by refunding monies paid minus the cost of any services already rendered.

C. Model Rights:

1. Regarding the images delivered, as digital files or otherwise, Model's rights are limited to personal use and use in their portfolio.
2. Photographs may not be sold or used in advertising unless otherwise agreed to by the Photographer.

D. Payments

1. I understand that I have paid (or will pay) a non-refundable retainer and/or session fee to Rainbow Boudoir to hold the scheduled date. This means this retainer and session fee will not be refunded for any reason. It can, however, be used for one (1) rescheduled shoot given a seven (7) day reschedule notice. The retainer and/or session fee must be used within one (1) year of the last payment date, or it will be forfeited. 
2. Rescheduled sessions without a seven (7) day notice will be charged a $50 reschedule fee.

By signing this agreement, 

E. Participation:

1. I acknowledge that I am voluntarily choosing to attend and participate in this event and/or photoshoot.
2. I understand that some activities may be adult-oriented and sexually explicit and involve acts of bondage, domination, sadism and masochism (BDSM), either actual or simulated. 
3. I am knowledeable of and will not be offended by events that may involve full or partial nudity by myself or other participants, if applicible.

F. Assumption of Risk:

1. I understand some these activities can be considered extremely hazardous and have certain risks, including, but not limited to possible negligent or reckless conduct of other participants. and that accidents may occur, mistakes made and equipment and devices may fail or malfunction.
2. I am voluntarily participating in these activities will full knowledge of the above, and I accept and assume full responsibility of any and all risks of property damage, personal injury or death.
3. I certify that I am physically and psychologically fit and healthy enough to participate in the event and certify that I have not been advised to not participate by a medical professional and there are no health-related reasons which would preclude my participation in this event, or that may be hazardous to myself or others.

G. Release of Liability

1. As consideration for participation in this event, I agree that neither I nor anyone on behalf of me will make any claim against John O'Keefe, Rainbow Boudoir, or other vendors at this event. This includes but not limited to hosts, invitees, agents, presenters, volunteers, or establishment/propery owners, for any injury, damage, death, and/or loss of property suffered by me at any time during my presence at the event. 
2. I hereby release, waive and forever discharge them, their heirs, administrators, executors and assignees, from any claims, demands, actions of whatever kind related by my attendance or participation in this event. This release of liability is also binding upon my family, heirs and executors.
3. I agree to indemnify and hold harmless John O'Keefe and Rainbow Boudoir and other entities in (G)(1) above, from any and all claims, including claims based upon negligence, loss, liability, injury, damage and all costs they may incur arising out of my participation and activities associated with this event.

H. Summary

1. Should any portion of this agreement be invalidated, all remaining portions remain in full effect.
2. I have carefully read this document and fully understand its contents. I am aware that this is a release of liabilty, agreement to indemnify and hold harmless, and a binding contract between myself and John O'Keefe for Rainbow Boudoir. 
3. I understand I am giving up legal rights and remedies by signing this document, and am doing so under my own free will.

Contract revised 3/26/2023