Boudoir Photography Contract
1. This agreement constitutes an order for intimate portraiture services, including the taking of boudoir pictures as agreed to by both parties: Ashton Miyako Photography and client. Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain property of Ashton Miyako Photography and may be used for advertising, marketing, display or any other purpose thought proper by Ashton Miyako Photography.
2. If the photographer, Ashton Miyako, cannot perform this agreement in whole or in part due to an emergency, casualty, injury, acts of God or nature or terror or other cause beyond the control of the parties due to further liability with respect to this agreement no liability will be held to Ashton Miyako Photography. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in mail, or otherwise lost or damaged with fault on the part of the photographer. Client(s) agree that an entire boudoir session cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits Ashton Miyako Photography liability to the amount paid under this contract.
3. In the event of an extenuating circumstance on Ashton Miyako Photography's part, Ashton Miyako Photography will find and hire an alternative photographer or reimburse the full amount paid to the customer, including the retainer fee. Ashton Miyako Photography will not be held liable for services not rendered. To receive a full refund, Ashton Miyako Photography must be notified 60 days before the session date; if not, Ashton Miyako Photography will get to keep everything that has been paid for up until that point. Ashton Miyako Photography also has 90 days to refund the money upon receiving notification that the wedding was cancelled.
4. On signing of this agreement by both parties hereto, Ashton Miyako Photography will reserve the time agreed upon and will not make another reservation for the specific time frame.
5. Session Fee is due in full upon booking to secure your date and time of event. The Session Fee is non-refundable in the event of cancellation or date change. The Session Fee covers the time spent coordinating pre event arrangements and securing a date which would otherwise be unavailable to other clients. The Session Fee will be applied towards the total amount billed.
6. The amount agreed upon covers the photographer’s time, talent, proofing and editing. It also cannot be changed or altered by any means.The amount covers ONLY the Session Fee. Photos must be purchased separately.
7. The contract is based on Ashton Miyako Photography’s current pricing at the time of booking. The price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. (Applies to all product orders and collections.)
8. It is understood that Ashton Miyako Photography is the exclusive official photographer retained to perform the photographic services requested on this contract. No other photographer is allowed to take photos at the session unless express permission is given by Ashton Miyako Photography.
9. Ashton Miyako Photography will choose the best images from the boudoir session. Ashton Miyako Photography does not show un-edited images, nor involve the clients in the process of choosing which images will be chosen for the final gallery. Ashton Miyako Photography spends a great deal of time going through each image individually. Please rest assured that Ashton Miyako will only show you the BEST of the BEST and any images that are unappealing (i.e. eyes closed, unflattering facial expressions and most definitely, any images that do not meet Ashton Miyako's high professional standards will get deleted immediately).
10. The session images will be displayed in an online gallery within 2-3 weeks of your session date. The online gallery will be available for 8 weeks. If you wish to order prints then ordering should be completed in that time frame, ($25.00 will be charged for each additional week you request the gallery to remain available).
11. Please allow up to 3 weeks for delivery of prints and 3-4 weeks for all custom products such as albums and canvases.
12. Please allow up to 3 weeks for delivery of print release USB after the online gallery has been posted.
13. IMPORTANT NOTICE REGARDING COPYRIGHT: It is illegal to copy or reproduce the Clients photographs elsewhere without Ashton Miyako Photography’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. All photographs, both on Ashton Miyako Photography’s website, blog or Facebook page, including all potential proofs and purchased prints, are copyrighted, reproduction of any image by any means, including copying, re-printing, screen captures, and other means of print reproduction are strictly prohibited and are a violation of copyright law. Additionally, it is illegal to post any of Ashton Miyako Photography’s work on the Internet, blogs, and social networking sites, without the express permission of the photographer. The only exception to this is if you have purchased the print release USB provided to you by Ashton Miyako Photography.