Prior to choosing your date and time for your photo shoot, please take a moment to view my Availablity Calendar. In the event of scheduling conflicts, please indicate both a Primary and Secondary Date and Time choice.
This AGREEMENT is entered into as of the date this online form is submitted between you (hereinafter referred to collectively as the Client; and Myla Gonzalez Photography (DBA Cheeky Boudoir) located at 207 Milton Ave., Suite 1, Ballston Spa, NY 12020.
Client hereby agrees to commission the Photographer for the following photographic services:- An in-person consultation prior to your photo shoot- Up to 3 wardrobe options- Professional hair & makeup (1 Look)- Magazine style editing- An in-person Reveal session
To reserve the Session Date and to reserve the stylists (if applicable), Client shall pay to the Photographer, upon execution of this agreement, a non-refundable reservation fee in the amount of $200 (plus tax). Client understands and agrees that the Photographer will not book other sessions during this time. In the event that the Client cancels the portrait session of fails to attend the session the the confirmed Session Date, for any reason, the Photographer shall suffer losses that are difficult to ascertain. As such, the Client agrees that, in the event of cancellation by the Client, the amount of the Session Fee shall be forfeited by the Client and paid to the Photographer as liquidated damages and not as a penalty. The Client and the Photographer agree that such amount is reasonable.
The remaining 50% of the Session Fee is due 48 hours prior to the Client's photo shoot date. This fee will be sent 7 days prior to the due date. If the Client does not submit the remaining amount by the due date, the Client understands that their photo shoot will be cancelled and the paid retainer will be forfeited by the Client.
CANCELLATION: Cancellations must be in writing (letter or e-mail) and within 48 hours of the appointment time. If the Client has to cancel her appointment, the Session Retainer may be applied towards a new date, if cancelled prior to 48 hours of the Client's appointment. The Client understands that if a cancellation occurs within the 48 hours, she forfeits her retainer. Additionally, the Client is entitled to up to 1 rescheduled date if cancelled more than 48 hours of the scheduled session. Due to unforeseen losses, a Rescheduling Fee of $150 will be required for each rescheduling request in excess of that.
TARDINESS. The Client agrees to be on time for her appointment. If the Client is late, the Client understands that the shooting time will be restricted to the agreed upon time slot in this agreement. Additional time may be commissioned for a cost of $60 per 30 minutes, with a 30 minute minimum, if the schedule allows.
PRICING AND PRODUCTS
All photo products are purchased separately during the in-person Reveal. The Client is aware that there is a $350 minimum order requirement for all sessions, which is the price of my smallest product offering: a 5x7 Image Box with 5 Images. The Client also understands that additional products will not be ordered from the manufacturer until it has been paid for in full. Full payment for products or the first payment in an agreed upon payment plan must be made at the time of the Reveal. All images will be deleted if a payment is not made within 48 hours of the Reveal.
Pricing is defined on the Photographer's standard price list in effect at the date of this contract. Orders placed after the original Reveal date are billed at the rates in effect on the most recently published price list. Additionally, the Client understands that their images will be stored for an extended period of 60 days after their initial order, in the event that additional photo products are requested. Digital files will be deleted at that time.
The Client is aware that color dyes in photographic products may fade or discolor over time due to the inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
LIMIT of LIABILITY. The Client acknowledges and understands that the Photographer cannot guarantee that any specific photo will be taken. The Photographer will make every effort to accommodate the Client's wishes and acknowledges that there is a reasonable expectation of professional quality consistent with the Photographer's work. The Client understands that the work on display through websites, prints, etc. has been retouched. The Photographer cannot be held liable for factors over which she has no control that may affect the quality of the photographs, such as Client lateness and photogenicity. Additionally, the Photographer cannot be responsible for the effects of the subject's physical appearance, including: body position, facial expressions, blinking, or clothing. 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 or property damage or destruction.
If the Photographer cannot perform her duties expected of her due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer's illness or emergency, then the Photographer shall return the retainer paid or make arrangements for an alternative date and time with the Client's consent. In the event that an alternative date and time cannot be scheduled and the retainer is returned, the Photographer shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client's order.
The Client understands that the use of personal video, phone, or digital camera at their session is strictly prohibited.
PRIVACY STATEMENT. All information provided via any of the intake forms will NOT be shared with any third parties. Any images from the Client's photo session will NOT be posted online or for advertisement without the Client's permission via a signed model release.
COPYRIGHT. It is illegal to copy or reproduce the photographs or digital files without the Photographer's permission. Violators of this Federal Law will be subject to its civil and criminal penalties. If the Client purchases digital files, they are allowed to make reproductions of photographs for their own personal use. The Client also understands that the images may be altered or modified in any manner by ONLY the Photographer and/or her direct or indirect licensees. Any images, physical or digital, may not be edited by any other party. If the Client chooses to post any of her images online, she agrees to use only the images provided by the Photographer with the Photographer's logo, and the Client agrees not to remove or crop out the logo without the consent of the Photographer.