EROTICA SESSION AGREEMENT
By signing this Contract, THE CLIENT acknowledges that he/she has read it in its entirety and is signing it of free will, wishing to book an Erotica Photography Session. THE CLIENT understands all Terms and Conditions and accepts responsibility for signing said Contract. The Client acknowledges that he/she will be attending the Erotica Photography Session and is contractually obligated to all said Terms and Conditions. Failure to do so will result in the forfeiture of payment and denial to attend the Erotica Photography Session.
THEREFORE THE CLIENT has agreed to the following TERMS AND CONDITIONS :
This agreement constitutes a contract for Erotica Photography services. The client hereby agrees to all terms contained in this agreement. Client is responsible for reading all literature presented to them in person, or in writing including the price sheet. Failure to comply with any studio policies will result in forfeiture of session fee as well as any prepayments made for services. The photographer's rates as well as the price of the prints, images, collections, and digital files are not negotiable.
● RETAINER AND PAYMENTS: The Client shall make a non-refundable booking retainer for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. Client agrees that this retainer 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. On signing of this agreement by both parties hereto, the Photographer will reserve the date and times ranges agreed upon and will not make another reservation for the specific date and time frame. For this reason, all retainers are non-refundable even if the date is changed or if the session becomes cancelled for any reason.
○ In order to book a session, the Client must have a credit card on file with ZASEY PHOTO in the event that any charges i.e. Cancellation Fee must be applied. Please contact us to ensure a card is on file. If a valid card is not on file, your session may be terminated.
● SESSION FEE: The Session Fee is NOT REFUNDABLE for any reason once paid, under no circumstances will the Session Fee be refunded. The Session Fee must be paid in full before the session date can be secdured for the Client. The Client understands and agrees that no images, digital or physical, are included in the cost of the Session Fee. All images, both digital and physical, will be available for purchase upon completion of the session. Any additional photography coverage beyond the terms listed at the top of this contract will be billed at $250 per hour.
● The session fee for an Erotica Session is $650 for an individual session and $800 for couples, unless discounts or sales are applied on the invoice. The session fee does not include any images whatsoever.
● I have been educated on the investment and understand that there is a minimum package purchase required (the NSFW package).
● PHOTOGRAPHER’S STANDARD PRICE LIST: The charges in this Contract are based on the Photographer’s Standard Price List. The price list was discussed verbally between THE PHOTOGRAPHER and THE CLIENT prior to booking the session. The Photographer provided the Client with starting prices prior to accepting payment for the Session Fee, to ensure that the Client approves and understands generalized investment for package purchases. Contents included in any package are not redeemable as cash or as a deduction from package price. All purchases over the amount of included products in the package will be billed to Client. Products are subject to availability from the manufacturer. Client will only receive images that are purchased, all un-purchased images are immediately purged upon completion of the Reveal & Ordering appointment.
● Cancellations, Reschedules, Terminations and Refunds :
○ Both parties agree that this contract is conditional upon THE CLIENT fulfilling all of his/her obligations in a satisfactory manner, as deemed by ZASEY PHOTO. THE PHOTOGRAPHER reserves the right to terminate this Contract and /or remove THE CLIENT from the studio, or other location of shooting, at any time without a refund if he/she is engaged in behavior including, but limited to; illegal actions, belligerent, inappropriate, or disruptive behavior as deemed by THE PHOTOGRAPHER. THE PHOTOGRAPHER may terminate this contract at any time, if he/she feels that THE CLIENT is not performing in a manner acceptable to the company, or the terms and responsibilities of this Contract are not being met.
○ THE CLIENT agrees that any cancellation must be in writing. No monetary reimbursement will be provided. The session will not be rescheduled.
○ THE CLIENT agrees that in the event that ZASEY PHOTO cancels the session for any reason, including but not limited to; medical emergency, family emergency, inclement weather, road closures, natural disaster, closure of venue, or similar catastrophe, THE CLIENT will not receive a refund, but instead a reschedule date will be offered.
○ THE CLIENT agrees that any reschedule or cancellation requested within 30 days of the originally scheduled date will incur a $150 cancellation/reschedule fee that will automatically be charged to the card on file.
○ THE CLIENT agrees that any reschedule or cancellation requested within 14 days of the originally scheduled date will incur a $350 cancellation/reschedule fee that will automatically be charged to the card on file.
○ THE CLIENT agrees that a no-call/no-show on the day of the shoot will result in a $500 no-call/no-show fee that will automatically be charged to the card on file. This fee also applies to any cancellations within 24 hours of the scheduled start time for the shoot.
○ THE CLIENT agrees that the first reschedule request made for the session (as long as +30 days notice is given) will be complimentary, but that additional reschedule requests will be made on the above schedule of fees for additional reschedule requests.
○ Reschedules are limited to no more than a 6 month period from the originally scheduled session, sessions may not be pushed out any further than 6 months from the originally booked date. Should the Client request a new date more than 6 months out, a new Session Fee and Contract will be required and the Client will be responsible for purchases off of the most current price list.
○ Exceptions to these policies will apply only to the following and will require documentation to reverse any fees applied:
* Hospitalization
* Diagnosed illness, injury, flu, fever
* Hospitalization of immediate family member for illness, injury, flu, fever
○ Reschedules of the Image Reveal & Ordering Appointment will have a $100 fee applied per reschedule. There will be no complimentary reschedule of Image Reveal & Ordering.
● Payment Schedule and Fees :
○ THE CLIENT agrees that the paid retainer of $650 for individual/$800 for couples is non-refundable/non-transferable in order to hold a reservation/date with ZASEY PHOTO. Any change of date requires a newly signed Contract and retainer. THE CLIENT agrees that the initial contract and retainer become void and that THE CLIENT is subject to the most current pricing options. THE CLIENT agrees that if he/she cancels the session before it is completed, the retainer and all additional payments are void and not valid as a credit towards any other sessions or products with ZASEY PHOTO.
○ THE CLIENT agrees to have the total amount due paid within 14 days of the date of the scheduled sessionl. Failure to do so will result in the cancellation of the session with no refund.
○ THE CLIENT agrees that if the retainer or any payments are deemed NSF, he/she is responsible for a $150 SERVICE FEE. THE CLIENT agrees that his/her photos will not be edited until a new final balance has been paid in full and cleared. THE CLIENT agrees that any products or services added after the Contract has been signed are subject to current pricing. Pricing may change without notice, and is only guaranteed on products and services selected at the time of Contract signing.
○ THE CLIENT agrees that he/she may add additional items at any time to his/her Contract, subject to current pricing, but may not remove items from the Contract once it has been signed. THE CLIENT understands that he/she is responsible for paying for the items selected on the Contract. If THE CLIENT fails to pay for selected items, ZASEY PHOTO does not have to provide THE CLIENT with any images or monetary compensation for monies paid, including, but not limited to; compensation for time or emotional stress, the retainer and payments towards the balance by the client or any other person contributing towards their contractual balance.
○ THE CLIENT agrees that he/she will receive only what is stipulated by the Contract above. THE CLIENT understands that ZASEY PHOTO chooses the best selection of photographs for viewing. Additional files are not available for purchase or viewing and any images not chosen by ZASEY PHOTO will be deleted. Additional products may, however, be added at this time and are subject to current pricing.
● Session Details:
○ THE CLIENT agrees that he/she must be available for the duration of scheduled hair and makeup, session time, break for lunch and Image Reveal on the day of the session. ZASEY PHOTO requires approximately 5 hours for the session and services noted above. If THE CLIENT does not provide adequate time, he/she understands that ZASEY PHOTO will not be able to provide the quality and quantity of photographs agreed upon at Contract signing, and will, therefore, not be able to complete these obligations. THE CLIENT understands that by not providing adequate time, ZASEY PHOTO has the right to refuse to photograph the Erotica Photography Session.
○ THE CLIENT must arrive on time to his/her appointment. Sometimes shoots are scheduled back-to-back, and to avoid a rushed shoot, or having to reschedule altogether, it is imperative that you arrive on time. If you are more than 15 minutes late to your appointment, you may be asked to reschedule. THE CLIENT agrees that if he/she is more than 20 minutes LATE to their Hair and Makeup start time, the session will be cancelled without monetary reimbursement, or THE CLIENT must pay a $500 reschedule fee to select a new date no later than 24 hours from the scheduled start time.
○ THE CLIENT agrees that ZASEY PHOTO has the right to refuse to photograph the following, including, but not limited to; a particular location, time of day, any outfit or prop, based on technical and artistic merit. ZASEY PHOTO has full artistic license in relation to photographs and session. THE CLIENT understands that ZASEY PHOTO reserves the right to dictate the boundaries of the sexual nature of a session. These boundaries will be discussed either in a phone consultation prior to the session date or while Hair & Makeup is being conducted. Failure to respect and adhere to boundaries set forth by ZASEY PHOTO will result in the session being terminated without monetary reimbursement.
○ THE CLIENT agrees that ZASEY PHOTO will not be held liable if a particular photograph is not obtained when necessarily limited by guidelines or regulations, including but not limited to; privacy regulations, legal restrictions, light, time, space, willingness of subject, artistic discretion, and weather. THE CLIENT agrees that ZASEY PHOTO will abide by these guidelines and that they are outside of the control of ZASEY PHOTO, who is not responsible for the impacts that these guidelines may have on resulting photographs.
○ THE CLIENT agrees that ZASEY PHOTO is not responsible for providing items of clothing in a specific color, style or size that have previously appeared on social media platforms. All items from ZASEY PHOTO'S collection are USE AT YOUR OWN DISCRETION and are limited to certain availability of size, shape, color and styles.
○ THE CLIENT understands that a Erotica Photography Session requires certain movement and physical activity. THE CLIENT will not book a session if he/she is not able to follow simple movement requests and/or is injured. If THE CLIENT has any questions or concerns about these requirements, he/she will discuss and make sure he/she clearly understands before booking a session.
○ THE CLIENT agrees that he/she WILL NOT spray tan before session. This cannot be edited and ZASEY PHOTO may refuse to photograph THE CLIENT'S session if his/her skin is photographing and/or appears too orange. THE CLIENT understands that this is a decision based strictly on editing and nothing else. If ZASEY PHOTO chooses to move forward with the session, THE CLIENT understands that it may take longer for photos and/or products to be returned, as outsourcing of editing may be required. THE CLIENT agrees that an extra fee applies for this that will be the financial responsibility of THE CLIENT.
○ THE CLIENT agrees that ZASEY PHOTO and STAFF are not liable for any loss, damage, or injury while on premise of the session. This includes hair and makeup application, destruction of personal property not limited to but including personal belongings, attire, physical body, or vehicle.
● SEXUAL NATURE AND EXPECTATIONS/BOUNDARIES OF EROTICA SESSIONS:
○ THE CLIENT understands that Erotica Sessions are very sexual in nature. The Client agrees to the photographing of their genitals, potential penetration and sexual contact. The Client is aware that the Photographer will provide gentle coaching to set up shots and that the expectation of the Photographer is to capture a mixture of both posed and candid images.
○ THE CLIENT and the Photographer agree to a phone consultation, not to exceed 30 minutes, to discuss boundaries and expectations of both the Photographer and The Client for the session.
○ THE CLIENT understands that they are not to address the Photographer during the session in a sexual nature. Forbidden remarks include, but are not limited to, “Are we doing a good job?” “Do you like watching?” “Want to join?”, etc. Breach of these boundaries or in the event any comment is made that the Photographer deems as sexual and inappropriate will result in instant termination of the session and all monies paid will be forfeited. The Client will work diligently to never make the Photographer feel uncomfortable or unsafe.
● ARTISTIC RIGHTS and PROOFS: ZASEY PHOTO retains the right of selecting the images shown to the Client. ZASEY PHOTO is under no obligation to show any minimum number of proofs. ZASEY PHOTO will make every effort to show the maximum number of proofs from each session, but will make culling decisions to only show images in line with the quality of the portfolio. Any images culled out by ZASEY PHOTO will not be shown or sold. ZASEY PHOTO also retains the right to make adjustments to the photographs in post-processing as ZASEY PHOTO deems within their creative control. Additional processing outside of the scope of ZASEY PHOTO typical editing style may be requested for $100 per file. Un-retouched proofs and/or RAW files are never sold. Client acknowledges that personal preferences or body image concerns, including but not limited to dissatisfaction with their physical appearance, weight, or perceived flaws, shall not serve as grounds for a refund or re-shoot. ZASEY PHOTO will make every reasonable effort to capture flattering and aesthetically pleasing images, taking into consideration the Client's desired outcome and the Photographer's professional judgment and artistic style. It is the Client's responsibility to communicate any specific concerns or preferences prior to the session. By engaging the services of ZASEY PHOTO, the Client agrees that their personal body image issues shall not be the basis for any refund or dissatisfaction with the final photographs.
● AGE OF CONSENT, GUESTS, and SOBRIETY: Only people age 18 or older are eligible for Erotica Photography services. We do not permit guests. We require the Clients undivided attention and find that guests are a distraction and delay the overall progress of the appointment. Guests under the age for 18 are never permitted. ZASEY PHOTO reserves the right to decline the presence of guests at any consultations or appointments. Only people age 21 or older will be allowed to consume alcohol prior to or during the photography services and will be limited to 2 alcoholic beverages during their appointment. It is required that the Client arrives and remains sober for the duration of the scheduled session. Should it be determined the the Client is not sober at any point, ZASEY PHOTO reserves the right to cancel the session immediately with no reschedule offered and the Session fee and any monies paid will be forfeited.
● REVEAL & ORDERING APPOINTMENT: THE PHOTOGRAPHER will make every attempt to hold the IMAGE REVEAL & ORDERING APPOINTMENT immediately following the photography session. If a same-day image reveal & ordering appointment is not available, ZASEY PHOTO will provide THE CLIENT with alternative dates/times Monday-Friday 9am-5pm within 14 days following the photography session for the image reveal & ordering appointment. Should the Client not be able to attend the Reveal & Ordering appointment in less than FOURTEEN (14) days following the scheduled session date, the Photographer will not hold proofs and cannot be held responsible for intentional or accidental deletion or corruption of files. Should the images no longer be available for the Client to view, the Client will not receive any full or partial refunds on any monies paid to the Photographer. Should for any reason the client choose to not make any additional purchases, beyond their pre-selected and paid for package, at their Reveal & Ordering appointment, all images will be immediately purged upon completion of the appointment and are not recoverable. Second Reveal & Ordering appointments are not available. Under no circumstances will the photographer hold images for longer than 30 days after the session should an Image Reveal & Ordering Appointment not take place.
● FINAL SALE: All sales are final. All monies collected by ZASEY PHOTO are non refundable. No refunds will be given on the Session Fee or the Order. Once the Client places an order for physical and/or digital products, the order is final and may not be changed, altered, reduced, or cancelled. This stands for both payments in full and payment plans. No refunds will be given on products after the order has been placed. Pre-Session Payment Plans are not refundable should the Client choose to cancel their session or place an order for an amount less than paid via the Pre Session Payment Plan. Should the Client choose to reverse payment, the Photographer will send a bill to Collections or pursue legal action to collect payment.
● COMPLETION SCHEDULE: Albums and products shall take approximately 6-8 weeks from time of order at your in person viewing to be processed and delivered to the Client. An expedited fee of 15% of the order total shall be applied to expedited product requests. The Photographer is not liable for delays due to manufacturing and/or shipping or acts of God and inclement weather. Albums and products will be picked up from the ZASEY PHOTO satellite location in League City, TX. Clients wishing to have their products shipped to them acknowledge and accept responsibility for all shipping costs. Packages lost in shipment are not the responsibility of ZASEY PHOTO and all claims made with the shipping company must be handled by the client. The client waves their right to pursue ZASEY PHOTO for any products that are lost or damaged due to shipping.
● Albums, Products and Editing:
○ THE CLIENT understands that the Viewing and Ordering Session is the ONLY time they can order prints or products, and that any images not purchased at the Viewing and Ordering Session will be deleted immediately.
○ THE CLIENT agrees that album layouts are designed by ZASEY PHOTO and are to be approved by THE CLIENT online approximately 10 days following the session date.
○ THE CLIENT agrees that all albums/products must be paid for in full before work will be started on them. Once payment is made, no refunds will be granted for any reason.
○ THE CLIENT agrees that he/she must view and approve the state of the album upon delivery. If there are any manufacturer defects, THE CLIENT agrees that he/she must return the album to ZASEY PHOTO within [3] days of receipt for repair. THE CLIENT agrees that ZASEY PHOTO and Third Party supplier are not at fault if the defect is self-inflicted by THE CLIENT or if he/she has not properly cared for the album or has caused purposeful damage in any way. Repair will not be covered for reasons including, but not limited to; if THE CLIENT has torn a page, dented the cover, broken the spine, spilled any items on the album or generally mistreated it. THE CLIENT agrees that if he/she is submitting the album back to ZASEY PHOTO with a manufacturers' defect that the layout will not be changed in any way. Only the defect will be repaired.
○ THE CLIENT agrees that if he/she is choosing to sign off on the album design that zero revisions are included. Any revisions beyond this are subject to a redesign charge of $250 per redesign.
○ THE CLIENT agrees that the proofs received have been edited at the discretion of ZASEY PHOTO. Any extra editing requests are subject to a service charge and at the discretion of ZASEY PHOTO with right of refusal. It is at the discretion of ZASEY PHOTO to not include a photo if it is not up to self-defined technical standards.
● Copyright and Use of Images:
○ THE CLIENT agrees that all images are copyright of ZASEY PHOTO under Title 17 of United States Copyright Law under The U.S. Copyright Act of 1976. High resolution images sold to client are intended for re-print use only. Images may not be sold, published or redistributed without the sole written consent of Zasey Photography, LLC and its agents. Client also agrees to not screen capture images in online proofing galleries or social media sites. Doing such constitutes theft. Images shared online with client consent are intended for marketing purposes only and are often referred to as “sneak peeks”. These images are the sole property of Zasey Photography. Client may re-share images posted online but client is prohibited from screen capturing or downloading these images.
○ THE CLIENT agrees that if he/she gives ZASEY PHOTO permission to share photos online, THE PHOTOGRAPHER selects the images and a Model Release will be signed by THE CLIENT granting ZASEY PHOTO use of such images.
○ THE CLIENT agrees that ZASEY PHOTO owns all images taken during the Erotica Photography Session. THE CLIENT understands that the photos will not be posted, unless he/she gives THE PHOTOGRAPHER permission by selecting her choice of release on the Model Release form after the session.
○ THE CLIENT agrees that if he/she selects yes on the Model Release form after the session, ZASEY PHOTO has full permission to display these images in locations including, but not limited to; online websites, blogs, in studio, online or printed promotional material, social media sites such as Facebook, Instagram and/or in any printed media. THE CLIENT can choose afterwards to have these photos removed and they will be removed if asked, with a 90-day buffer period to allow for adequate time to reverse the Model Release and remove all images.
○ THE CLIENT agrees that he/she does not have any claim to copyright, patent, or other ownership of the photographs. THE CLIENT understands that he/she has purchased the rights to share the images online or print the digital files only and that the images may not be altered/edited or cropped in any way.
○ THE CLIENT agrees that if he/she wishes to submit the photos to an online or printed publication, he/she must obtain written consent from ZASEY PHOTO prior to doing so.
○ THE CLIENT agrees that no monetary gain may be acquired at any time from the sale of the images. This action is illegal and will result in legal action at the expense of THE CLIENT.
○ THE CLIENT agrees that all images must be sourced at all times. THE CLIENT understands that he/she may post images on sites including, but not limited to; Facebook, Twitter, Instagram, social forums, Pinterest and/or through use in emails and agrees that he/she will credit ZASEY PHOTO every time he/she does so. Images posted to any online media platforms that are not sourced will be reported to the site and removed. Repeated failure to properly source images will result in legal action.
● Privacy, Confidentiality and Liability:
○ THE CLIENT agrees that all information and documents given to him/her are the exclusive property of ZASEY PHOTO and are confidential information. They may not be sold, shared or copied.
○ THE CLIENT acknowledges that ZASEY PHOTO will not be held responsible for the final destination of the images if permission is given to share them for promotional purposes.
○ THE CLIENT agrees that by signing this contract he/she releases ZASEY PHOTO of any and all liability. THE CLIENT assumes all risk and has no legal recourse against ZASEY PHOTO. This includes, but is not limited to; personal injury, loss of income, damage to personal items, emotional distress, illness, loss of property, paralysis or death, as well as negligence of ZASEY PHOTO.
○ THE CLIENT agrees that while ZASEY PHOTO will take all care, circumstances beyond ZASEY PHOTO'S control could result in the loss, damage or failure of products and/or equipment. If image files are damaged, lost or corrupted, as deemed by ZASEY PHOTO, liability shall not exceed a re-shoot to take place within, but no later than, 6 months. No monetary reimbursement will be provided.
○ THE CLIENT agrees that he/she must back up the digital negatives, if purchased, once received. ZASEY PHOTO is not responsible for the storage of the images after this time. THE CLIENT agrees that ZASEY PHOTO is not responsible for updating the files as technology advances.
○ THE CLIENT agrees that ZASEY PHOTO is not at fault or in any way liable if anyone else present at the session is hurt/injured at any time. This includes, but is not limited to; additional family members or friends or persons of any nature.
○ THE CLIENT agrees that he/she is of legal age to participate in a Erotica Photography Session. THE CLIENT understands it includes nudity and that he/she will be photographed wearing little and/or no clothing. THE CLIENT understands what a Erotica Photography Session is, and is signing this Contract in full competency, without being coerced, influenced and of his/her own free will.
○ THE CLIENT agrees that the level of nudity he/she shows during the Erotica Photography Session is at his/her own discretion. THE CLIENT agrees that he/she will not do anything he/she is uncomfortable with and will speak up at the time if uncomfortable with a certain level of nudity or a pose.
○ ZASEY PHOTO is a professional and shoots in a professional manner. THE CLIENT agrees that he/she will in no way hold ZASEY PHOTO responsible or liable for sexual inappropriateness.
○ THE CLIENT may not hold the photographer, employees, or the company as a whole liable for any injury or illness pertaining to the session including any hair and makeup applications or use of the client wardrobe. The Client may not hold ZASEY PHOTO, employees, or the company as a whole liable for any items left at the studio, building, parking lot, or damage/theft to vehicle while on premise, including parking tickets potentially received during the time The Client is in attendance of their session. The Client may not hold ZASEY PHOTOr, employees, or the company as a whole liable for any injury or loss during the travel to or from the shoot location or studio.
● REFUNDS AND NON DISCLOSURE AGREEMENT: Should the Client receive a refund for any reason whatsoever, the Client agrees to not leave any negative reviews or comments on any websites, forums, or social media, etc. The Client agrees with this term both in conjunction with the signing of this agreement as well as acceptance of the refund. Should the client not withstand this agreement, legal action will be pursued by ZASEY PHOTO.
● LIMIT OF LIABILITY: Client acknowledges and understands that ZASEY PHOTO cannot guarantee that any specific photo will be taken. ZASEY PHOTO cannot be held liable for factors over which they have no control. Although utmost care will be taken with digital files, the company limits any liability for loss, damage, injury, or failure to deliver pictures for any reason, to the return of payments made. The limit of liability for a partial loss of digital files shall be a prorated amount of the images lost based on the percentage of total number of images.
THEREFORE, the parties state, by their own free will, that they have read and accepted all of the Terms and Conditions stipulated in this Contract, including:
Force Majeure:
ZASEY PHOTO shall not be liable for its failure to fulfill its obligation under this Agreement, if such failure is due, but not limited to; an act of God, extreme weather conditions, inevitable accident, fire, lockout, strike or other labour dispute, riot or civil commotion, act of public enemy, rule of any government or governmental instrumentality (whether federal, state, local or foreign), failure of technical facilities, pandemic, failure or delay of transportation facilities, or any other cause of a similar or different nature not reasonably within reasonable control.