Contracts and Model Releases For Boudoir Photography
There has been some question of how to get your clients to sign a model release for their boudoir photos. While some clients may not have any problem with everyone seeing their photos, there are several clients who will not want anyone to see any of their images! One thing we suggest is to keep your contract and model release separate. If there is a company you wish to advertise with or if you need to publish an image where a model release is required you can supply the model release without including your entire contract.
Here are some samples of key points included in our Boudoir Contract. This is by no means legal advice and with any legal document laws are different from state to state. We encourage you to go to your attorney with any legal questions…
• Please be on time for your appointment, as we will be scheduling several sessions in one day. Hair & make up start at appointment start time. If you are late, your appointment will be for the time contracted, not for the hourly amount.
• Each appointment will take approximately 2.5 hours. The first hour of your appointment will be dedicated to hair and make up, while the second hour will be to shooting. Following you session you will be able to review all the proofs on the computer and select the images you would like retouched to be retouched.
• CANCELLATIONS MUST BE IN WRITING AND WITHIN 48 HOURS OF APPOINTMENT TIME. A NON- REFUNDABLE 50% DATE RETAINER IS REQUIRED AND A CONTRACT AND QUESTIONNAIRE MUST BE FILLED OUT BEFORE HOLDING YOUR TIME SLOT. IF YOU HAVE TO CANCEL THE RETAINER CAN BE APPLIED TOWARDS A NEW DATE IF CANCELLED WITH 48 HOURS OF YOUR APPOINTMENT.
• This contract incorporates the entire understanding of the parties. Any modifications to this contract must be in writing and signed by both parties.
•The constitutes an order for boudoir photography service.
• Although extreme care will be taken with the images and photographs taken, the photographer limits any liability for loss. Damage or failure to deliver pictures for any reason would result in the return of retainers.
• LIMIT OF LIABILITY. Client acknowledges and understands that the Photographer(s) cannot guarantee that any specific photo will be taken. The Photographer(s) will make every effort to accommodate Client’s wishes and acknowledges that there is a reasonable expectation of professional quality consistent with the photographers work. The client understands that the work on display through websites, prints, ect. has been retouched and the client will get untouched proofs, additionally retouching outside what is included in the package is an extra charge. The Photographer(s) cannot be held liable for factors over which they have no control which may affect the quality of the photographs, such as Client lateness and photogenicity. Additionally, The Photographer(s) cannot be responsible for the effects of the subjects’ physical appearance including body position, facial expressions, blinking or clothing. The Photographer(s) 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 damage or property damage or destruction.
• PRICING and PRODUCTS. Pricing is defined on The Photographer(s)’ standard price list in effect at the date of this contract. Orders placed after the event are billed at the rates in effect on the most recently published price list. Credits included in covered package are not redeemable as cash or as a deduction from coverage package price. All purchases over the amount of included album will be billed to Client. Unless otherwise noted, the number of Client chosen photographs included in an album is limited based on the size and selection of album chosen (which is specified on our most current price list). Inclusion of additional images will require an upgrade in the number of book pages. Any additional retouching requested by Client will be billed at $60 per hour or $60 per image, which ever is greater. Products are subject to availability from the manufacturer. Shipping and handling charges are not included unless otherwise stated.
• NOTICE OF COPYRIGHT. It is illegal to copy or reproduce the photographs, digital files or any CD without the Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. If the client purchases digital negatives they are allowed to make reproductions of photographs for their own personal use, all other reproductions must go through the Photography Studio.
• PRIVACY STATEMENT: All information provided via any of the intake forms on this site will NOT be shared with any third parties. Images with any nudity or implied nudity will not be posted online or for advertisement without your permission as stated in our model release (please see separate model release).
For our model release we use a standard model release with the following amendments…once again this is by no means legal advice and with any legal document laws are different from state to state. We encourage you to go to your attorney with any legal questions…
• The photography studio understands that boudoir photography is very personal and our studio respects your privacy. We will not share images online or in print without your permission. We never sell images to third parties. Because of this please mark the appropriate box regarding privacy & usage by our studio.
Here are the selected options….
• Please keep my images private, do not share with anyone
• I will allow the Photography studio to use images show other potential clients samples (only books in the studio & only lingerie shots, no nudity)
• I will allow the Photography studio to blog or showcase lingerie images on websites as long as it is associated with the studio (including blogs for boudoir & photography sites).
• I will allow the Photography studio to use lingerie images for promotion (prints, emails, books at lingerie stores, websites).
• I will allow the Photography studio to use nudes (tasteful of course) on the studios personal website.
• I will allow the designated Make Up Artist / Hair Stylist to have lingerie images for their portfolio or website.