BROOKLYN BOUDOIR x SUGAR COOKIES MINI SHOOT CONTRACT
This agreement is between Stephanie Bordas of Brooklyn Boudoir and the client signing the document (that's you). Please carefully read and sign to indicate you've read and agree to follow these policies.
Brooklyn Boudoir offers boudoir photography for women 18 years of age or older. By signing you confirm you are of age.
NATURE OF THE SHOOT
You are booking a mini-portrait or boudoir photography session. This means that you are likely requesting to be photographed in some state of undress. There will be absolutely no sexual suggestion or activity allowed during your session. If any sexual activity is proposed or attempted, your session will be terminated immediately. This will be a liberating, empowering, fun photo shoot, and it will also be an ultra-professional one.
It is possible that I will touch you to adjust your clothing and hair to direct a pose. If it is preferred that all direction be given verbally, please advise me before your session.
RETOUCHING
Standard retouching (including gentle skin smoothing, minor blending of stretch marks, minor blemish removal, gentle under-eye smoothing and blending) are included in your mini-session. Tattoos, scars, moles/beauty marks, major stretch marks, total body reconstructions are not included in standard retouching but can be requested at an additional charge.
Session Payment
Mini-sessions are being offered free of charge with in-store purchase of lingerie at Sugar Cookies. You will receive one complimentary images via digital download. Additional digital images will be offered on an a la carte basis.
Completion Schedule
Completion schedules and delivery of products shall be determined from date of client order by the photographer. Approximate turn around time is 3 weeks but can take more or less time pending photographer’s schedule.
Artistic Rights
The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer also retains the right to make adjustments to the photographs in post- processing as the Photographer deems within their creative control.
Copyright and Reproduction
The Photographer shall own the copyright in all images created. The Photographer agrees not to make reproductions, or share images for any reason including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio without the client’s express permission. If the client elects for the photos to remain completely private, the Photographer will oblige, however, the copyright will never be released to the client.
It is understood that any duplication or alteration of original images by the client is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer does not provide the Client permission to resize photographs for Internet-based usage.
Client Usage
The Photographer will provide a digital file print release, and the Client must act in accordance with the release. The Client’s images are for personal use only and shall not be submitted to contests, or to be reproduced for commercial use.
Social Media
The 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. The Client shall identify the photographer @brooklynboudoir in the caption of all photographs uploaded to social media websites and profiles.
Indemnification
The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
Miscellany
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of New York
COOPERATION
It is understood that the client is electing to secure Brooklyn Boudoir/Stephanie Bordas for boudoir photography purposes. Boudoir photography can be interpreted as sensual/sexual in nature, and it is understood that the Client will only do what the client is comfortable doing by means of posing and expression. In addition, the photographer reserves the right to terminate the photo shoot with no refund if at anytime the Client propositions, inappropriately touches, or tries to engage in a sexual act with the photographer. Under no circumstances is there to be any sexual activity of any kind from the Client, the Photographer, or any guests of the photo session.
RELEASE AND WAIVER OF LIABILITY DURING COVID-19
I AM AWARE THAT PARTICIPATION IN THIS SESSION MAY INVOLVE INTERACTION THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS OR EVEN DEATH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND INTERACTIONS WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CURRENT COVID-19 PANDEMIC AND CONTINUE THIS ACTIVITY AGAINST CENTER FOR DISEASE CONTROL AND/OR GOVERNMENTAL DIRECTIVES.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
I hereby waive, release and forever discharge Stephanie Bordas and her staff (Released Parties) from any and all claims I may have now or arising in the future related to my participation in the photography session. I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in the session or my travel to and from such activities . I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I further agree to indemnify and hold harmless all released parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the released parties, my travel to or from such activities.
This waiver shall remain valid unless expressly revoked by the participant, in writing, with receipt acknowledged by the released parties.
BY SIGNING THIS AGREEMENT, THE CLIENT AGREES TO ALL PROVISIONS SET FORTH IN THIS CONTRACT. IT IS UNDERSTOOD THAT PHOTOGRAPHIC COVERAGE CANNOT BEGIN AND PHOTO SHOOT TIME SLOTS WILL NOT BE RESERVED UNTIL THIS AGREEMENT IS SIGNED BY BOTH PARTIES.
If you agree with the terms of this Agreement, please type your name as your signature in the space provided below.