AGREEMENT/JURISDICTION: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Stewart Blaquiere, known as "Photographer", shall provide services to photograph the client in a boudoir atmosphere to the best of his abilities, in the manner described in this document. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of Florida shall govern this contract, and any resulting arbitration shall take place within Orange County, Florida. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
DEPOSIT AND PAYMENT: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to $100. No date is reserved until the contract and retainer are received. The remaining balance due for the photography services must be paid in full the day of the appointment. The Photographer is not responsible for the rendering of services until the full balance is paid. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned checks will be assessed a $50 non-sufficient funds fee, and all future purchases/ payments must be paid by Cashiers Check. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
CANCELLATION: If for any reason Client cancels this contract before the appointment date, Photographer will keep the retainer. Cancellation must be made via email or text, and acknowledged by the photographer.
RESCHEDULE: Due to the scarcity of "Boudoir Marathon Specials" the Client forfeits the ability to reschedule.
HAIR AND MAKEUP: Client understands that no hair and makeup services will be provided to them for this appointment.
LIABILITY: If Photographer or his agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if he cannot provide another competent professional, all money received by Photographer will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
RESPONSIBILITIES: Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use his professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client. Client agrees to confirm the appointment one-week prior when Photographer contacts them to do so.
MODEL RELEASE: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Stewart Blaquiere. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
COPYRIGHT: All photographs taken by Stewart Blaquiere are his property, will remain his property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
REPRODUCTION: If high-resolution digital files are provided, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published.