Brooke Magee Photography – Boudoir Mini Session Agreement

 



Definitions

The terms “Photographer”, “photography team”, “us”, “we”, and “our” refer to Brooke Magee Photography and all agents, employees, affiliated independent contractors, or other representatives.

The term “including” means “including, but not limited to.”

The terms “session”, “event”, and “photography event” refers to a hired photographic session for the purposes of taking boudoir photos.

The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties.

Services

Photographer will provide Client with the following services and/or products (“Services”):

Up to 20 minutes of photography coverage (including dressing and changing) on 2/1/25, a high-resolution gallery of at least 20 images, and a print release.

Client may have up to 1 outfits for the photography session.

Booking & Payment

The Photographer’s total fee for this event coverage is $295 + tax, which includes a non-refundable payment of $295 + tax (“initial nonrefundable payment”). The listed date will not be reserved until this Agreement is fully executed. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The client agrees that this non-refundable payment is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.

Once payments are made, they are non-refundable. If complete payment of the 
balance owed is not received at least thirty (30) days prior to the event date, Photographer will be relieved of all remaining contractual obligations, client will be responsible for the full amount of this Agreement.

Acceptable payment methods include cash, check or credit card. Returned checks are subject to a $50 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary.



Cancellation & Failure to Perform

If for any reason the client cancels this agreement prior to or on the session date, the Photographer will keep the initial nonrefundable payment and any monies paid on the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation at least (30) days prior to the event date, the Client will be required to remit the remaining balance of the Agreement.

Mini sessions cannot be rescheduled, but if the client submits a written request to reschedule services at least SEVEN days prior to the event date, the initial nonrefundable payment may be applied to a new date within the next calendar year as long as the photographer is available on new date. However, the client will be responsible for new studio rental fees and a full-session boudoir rate. All reschedules are subject to Photographer’s discretion.

Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session.  Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client. Photographer is not responsible for lost photo opportunities due to the lateness of the Client, nor is she responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage

If the Photographer is unable to perform this Agreement due to impossibility, illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic session. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will have no further liability.  Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to cost of the contract. In no event will Photographer be liable for any amount exceeding the cost of the contract.

Styling

The Client will retain full responsibility for styling choices, including but not limited to wardrobe, makeup and hairstyle.  Photographer discussion and comments will only be construed as professional recommendations for consideration and not be deemed final choice.  All styling choices made by Client at the event are final and no additional photographic sessions will occur due to styling choices.

In the event a third-party Independent Contractor (i.e. a makeup or hair artist you bring) is hired for services and/or products for the photographic session, the Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor or for products provided by such Contractor. Client agrees to indemnify and hold harmless Photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Contractor.  The Client will retain full responsibility for failing to provide feedback on any services, including hair and make-up, prior to the session.  The session will not be re-photographed due to dissatisfaction in these services without prior notice.

Intellectual Property & Creative License

The Photographer will retain copyright ownership of all photographic works under this Agreement, including but not limited to all images in their original and processed formats.

Photographer will utilize artistic license in relation to the poses photographed and the locations used. All images are edited at her discretion and delivered images will not include all images shot. Photographer reserves the creative right to edit and release only those deemed professional in quality and within her artistic and creative standards.

Photographer will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Photographer’s current portfolio and Photographer will try to incorporate any reasonable suggestions made by Client. However, Client understands and agrees that:

Every client and location is different, with different tastes and needs.

Photography services are often a subjective art and Photographer has a unique vision, with an ever-evolving style and technique.

Photographer will use her artistic judgment when providing Services for Client, which may not include strict adherence to Client’ suggestions.

Although Photographer will use reasonable efforts to incorporate Client’ suggestions and desires when providing Client with the Services, Photographer will have final say regarding the aesthetic judgment and artistic quality of the Services. It is acknowledged that any lists submitted by the Client for specific photos will be used for organizational purposes only and in no way represent the photography that Photographer will be obligated to produce.

Photographer does not do extreme body, face or hair retouching. Blemishes will be edited on a case by case basis at the sole discretion of photographer. Edited files will be delivered to the client in jpeg format. RAW files will never be delivered to a client. Additional editing changes or revisions can be purchased at $100/hr, with a one hour minimum if re-edits are needed. Client will have 30 days to make these requests. The final images will be stored in the online gallery for 1 year. Photographer is not obligated to save the images after they have been delivered to Client.

Dissatisfaction with Photographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

 
Safe Working Environment

The Client agrees to undertake the best efforts to ensure that subjects treat the Photographer and the Photographer’s staff with respect and dignity and that the Photographer is provided with a safe working environment.

The session will be restricted to the client and one FEMALE guest/individual. No males will be permitted on the property during the session.


Photographer’s Standard Price List

The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically. Pricing will be honored for the Standard Price List existing at the time of this Agreement and for up to three (3) months. After three (3) months, all new orders will be charged at the prices in effect at the time when the order is placed.

All prices do not include sales tax.

Album Design & Production

In the event the collection outlined within this Agreement includes an album or an album is purchased as an additional item, the following provisions will govern the design and production. The Client will receive the album design proofs within 30 days of gallery delivery. All allowed design modifications will happen over a Zoom album reveal. Failure to submit modifications by the deadline will be deemed acceptance of the album design and production will commence. Any modifications requested after album production has commenced are subject to a $150 design modification fee per modification and $300 for re-production of the album.

Completion Schedule

Completion schedules and delivery of products will be determined from the date of final approval by the Client. The Photographer will not be held liable by third-party manufacturing laboratories that are utilized for products and may provide restrictions on an order not outlined in this Agreement. If restrictions arise, the Photographer will communicate with client to extend the existing timeline.

Albums may take at least three (3) weeks from date of final design-approval by the Client to be received by the Photographer. The Client will place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring an expedited turnaround schedule. An expedited fee of $125/album will be applied to expedited product requests. The Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

Copyright Law

The copyright of photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.

Model Release

The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

Model agrees that she is 18 year or older, that the photography session was conducted in a completely proper and highly professional manner, and this release was willingly signed.






Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Photographer.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Photographer will refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. Photographer will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.


Indemnification

Client agree to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer’s attention within one (1) week from date of. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding.


Construction & Severability

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any party. 

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.



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 will 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 will be construed under Arizona law, without regard to its choice of law provisions. The state and federal courts for Maricopa County, Arizona will have exclusive jurisdiction over any dispute arising under or relating to this Agreement. The parties agree to proceed with a bench trial, and each hereby waive any right to a jury. In any such suit, the prevailing party will recover all costs incurred and a reasonable attorney’s fee.