When you book a session and pay your retainer fee, you agree to these terms. Any trade work between the photographer and another vendor is also subject to these terms.
Definitions
This agreement is between Sin Boudoir Photography (“Photographer”) and you (“Client”), including your employees and representatives. You confirm that you have the authority to enter into this agreement. The Photographer is an independent contractor.
“Images” refers to all photographs created by the Photographer, including prints and digital files.
Usage Rights and Ownership
The Photographer owns all rights to the Images and retains the copyrights. You are not buying the Images; you are paying for a license to use them as outlined in this agreement.
The license begins when the Photographer receives full payment. Unless stated otherwise, usage rights are non-exclusive and cannot be transferred or sublicensed. Images cannot be used in logos or trademarks without permission.
The Photographer may use the Images for self-promotion, with written permission from the client.
Alterations
You cannot alter the Images without the Photographer’s permission. Editing includes color changes, cropping, and exposure adjustments. Retouching is included in boudoir sessions but not in portrait sessions.
Liability and Releases
The Photographer will care for the Images but isn’t liable for any damages or costs resulting from your use of them. You agree to protect the Photographer from any claims related to your use of the Images.
It’s your responsibility to obtain any necessary permissions for using the Images. If the Photographer provides releases, you need to verify they meet your needs.
If the Photographer cannot provide services due to unforeseen circumstances, they will try to find a replacement. If they can’t, they will refund any fees paid.
Payment
Full payment is required before any rights are granted. If you use the Images before full payment, it will be considered unauthorized, and you’ll owe double the invoice total.
Invoices are due upon receipt. Adjustments must be requested within ten days. The Photographer’s invoice serves as your receipt.
Credit and Copyright Notice
You must include a credit line when posting the Images online. If you fail to do so, you agree to pay double the invoice total for loss of recognition.
Archiving Digital Files
While the Photographer may archive the Images, it’s your responsibility to store and protect them. The Photographer cannot guarantee the availability of Images after the first delivery.
All digital files will be deleted within ten days after the license expires. Requests for reproducing delivered Images will incur a $100 processing fee.
Digital File Quality
The Photographer aims for high-quality images. You agree to accept Images in a standard format and resolution chosen by the Photographer. Color may appear differently on various devices.
If the digital files are unsuitable for your needs, the Photographer will replace or repair them but isn’t responsible for reproduction quality or any associated costs.
Session Terms
Sessions will take place at an agreed location. The Photographer won’t trespass on private property. If you want to shoot on private land, it’s your responsibility to get permission. The Photographer is not liable for any hazards at the location.
No guests or any other person(s) will be allowed inside the session area.
No other photographers or videographers may be present. Cell phone photography is not allowed.
Acceptance of Terms
You cannot transfer this agreement or your rights under it. This agreement is binding for both parties and their representatives. Changes must be in writing to be valid.
This agreement is governed by California law. Any legal issues will be handled in California courts.
If any part of this agreement is unenforceable, the rest remains valid. By paying the retainer fee, you accept all terms.
This document is the complete agreement between you and Sin Boudoir Photography, replacing any previous agreements.