OPTIONAL ITEMS
By booking the , the Client may opt-in to have one or more of the Client's photos and an article or bio published in an issue of Phantasy Photos magazine subsequent to the Client's photo session. If the Client opts out, the client shall not receive any of the optional items related to publishing nor shall the client receive monetary compensation for opting out.
PRODUCT UPGRADES
The Client may upgrade products by paying the difference between the price of the included product and the price of the desired product following the photo reveal. All sales shall be recorded on a separate PURCHASE ORDER form. Upgrade purchases must occur prior to the Client's departure from the session location. ALL SALES ARE FINAL. NO REFUNDS OR CHANGES TO ORDER ARE PERMITTED AFTER THE SALES FORM IS SIGNED BY THE CLIENT.
PURCHASE OF ADDITIONAL PRODUCTS AND PHOTOGRAPHS
The Client shall have the option to purchase additional designated products and digital Photographs following the photo reveal. Additional product purchases shall be recorded on a separate PURCHASE ORDER form. All additional purchases must occur prior to the Client's departure from the session location. ALL SALES ARE FINAL. NO REFUNDS OR CHANGES TO ORDER ARE PERMITTED AFTER THE SALES FORM IS SIGNED BY THE CLIENT.
TERMINATION
The Company may terminate this Agreement for cause, including, but not limited to, non-payment.
NON-REFUNDABLE RETAINER
The has a non-refundable retainer of $.
CANCELLATIONS
Cancellations are not permitted except for the following cases:
- The Client is diagnosed with, exhibits symptoms of, or is suspected to have COVID-19 within 14 days of the session date, .
- A member of the Client's immediate household is diagnosed with, exhibits symptoms of, or is suspected to have COVID-19 within 14 days of the session date, .
- The Client is hospitalized.
- A doctor orders or recommends that the Client be confined to home or bed due to illness, injury, or other serious medical condition.
- The Client suffers a permanent, debilitating injury that prevents the client from participating in the Services.
- The Client suffers temporary, disfiguring injuries (such as from a vehicular accident).
- Death of a member of the Client's immediate family. The Company considers the following people members of the immediate family: spouse, domestic partner, parent, step-parent, parent-in-law, child, stepchild, foster child, sibling, step-sibling, half-sibling, sibling-in-law, grandparent, or step-grandparent.
For the cases identified above, the Client may cancel the Services under the following conditions:
- If the Client cancels Services more than ten (10) days before the scheduled session date, , the Client shall receive a full refund, including the non-refundable retainer;
- If the Client cancels within ten (10) days of the scheduled session date, , the Client shall receive a refund for the price of the Services less the non-refundable retainer.
For all other cancellations, the Client shall not receive a refund. In lieu of cancellation, the Client may give or sell the Services to another person. If the Client gives or sells the Services to another person, the Client and the recipient must contact the Company within three (3) business days with the change in participant so that the recipient may complete all booking documentation and the Company's client intake process.
RESCHEDULING
Rescheduling Services are not permitted except for the following cases:
- The Client is diagnosed with, exhibits symptoms of, or is suspected to have COVID-19 within 14 days of the session date, .
- A member of the Client's immediate household is diagnosed with, exhibits symptoms of, or is suspected to have COVID-19 within 14 days of the session date, .
- The Client is hospitalized.
- A doctor orders or recommends that the Client be confined to home or bed due to illness, injury, or other serious medical condition.
- The Client suffers a permanent, debilitating injury that prevents the client from participating in the Service.
- The Client suffers temporary, disfiguring injuries (such as from a vehicular accident).
- Death of a member of the Client's immediate family. The Company considers the following people members of the immediate family: spouse, domestic partner, parent, step-parent, parent-in-law, child, stepchild, foster child, sibling, step-sibling, half-sibling, sibling-in-law, grandparent, or step-grandparent.
The Client or a person designated by the Client shall contact the Company and inform the Company of a postponement of the Services and intent to reschedule. Once the Client is well enough to participate in the Services, the Client shall contact the Company to initiate the rescheduling process. If the Company does not receive communication within two (2) months of the postponement notification, the Services shall be canceled. The Client shall not receive a refund.
NO-SHOWS
The Company does not tolerate no-call, no-shows. If the Client does not show up for the Service, the Client shall not receive a refund.
LATE ARRIVAL
If the Client will arrive late to the services, the Client shall notify the Company by phone call or text message of the Client's late arrival and an expected time of arrival. If the Client's expected time of arrival is less than thirty (30) minutes after the Services scheduled start time, the Client's photo session shall continue as planned, though the Services duration may be reduced. If the Client's expected time of arrival is more than thirty (30) minutes, the Client shall be informed that the Services are canceled as hair and makeup artists are not obligated to wait more than thirty (30) minutes past their scheduled appointment start time.
If the client does not call and has not arrived within fifteen (15) minutes of the Services scheduled start time, the Services shall be canceled.
If the Services are canceled because the Client failed to show up on time or within the thirty (30) minute grace period, the Client shall not receive a refund.
COMPLIMENTARY BOUDOIR EXPERIENCE INELIGIBILITY
If the Client received and canceled or did not show up for a Complimentary Boudoir Experience, the Client shall not be eligible to receive another Complimentary Boudoir Experience.
COMPANY INITIATED POSTPONEMENT
If the Company needs to postpone Services for any reason, the Client shall be given one (1) opportunity to reschedule the Services. If the Client declines to reschedule the Services, the Client shall receive a refund for the price of the Services less the non-refundable retainer.
HAIR AND MAKEUP
Two (2) hair and makeup services are included with the Supermodel Experience.
HAIR AND MAKEUP
One (1) hair and makeup service is included with the .
HAIR AND MAKEUP
One (1) hair and makeup service for each participant is included with the .
HAIR AND MAKEUP
Hair and makeup services are included with the . For indoor sessions, hair and makeup service shall be conducted at the session location. For outdoor sessions, hair and makeup service shall be conducted at the Client's location or Beauty Studio's studio far enough in advance of the photo session's scheduled start time that the Client may arrive at the Company's studio on time for the session.
LOCATION AND EQUIPMENT DAMAGES
Should the Client willfully cause damage to the Company’s studio, equipment, and/or materials, the Client shall be responsible for replacing damaged items or provide a cash payment for the replacement value of damaged items.
OFF-LOCATION PHOTOGRAPHY SESSION
All Services shall be conducted and completed at the Company’s studio unless agreed upon in an amendment to this contract.
CONSUMPTION OF ALCOHOL, MARIJUANA, AND OTHER DRUGS
The Company does not permit the consumption of alcoholic beverages at the session location. Marijuana and drug use are not permitted at the session location under any circumstances.
CREATIVE CONTROL
The Company retains creative control of the photography session. Creative control includes, but is not limited to, adjustment of body posing, clothing, hair, jewelry, or makeup. The Client may request specific poses; however, the Company may refuse for aesthetic or safety reasons. The Client may request specific set designs and props. While the Company will make an effort to accommodate any and all Client requests, the Company is under no obligation to do so.
ARTISTIC RIGHTS
The Company retains the right to use its discretion to select which Photographs will be revealed to the Client. The Client shall be shown a variety of Photographs from which to select, but the Client shall not review or receive Photographs the Company does not present to the Client during the photo reveal. The Company reserves the right to adjust Photographs in post-processing as the Company deems necessary and within creative control. The Client may NOT request additional edits to any of the Photographs. The Client shall not be given proofs or an opportunity to review Photographs or art book designs before they are sent to the printer.
SCHEDULE FOR COMPLETION AND DELIVERY OF PRODUCTS
The Company shall deliver the Client’s products no later than six (6) weeks after receipt of full payment for the order or the session date, whichever occurs later. Should the Company be unable to fulfill delivery within six (6) weeks after receipt of full payment for the order, Company shall inform the Client as soon as the delay is known and provide a new estimate for delivery if possible.
COMPANY EMPLOYEES AND CONTRACTORS
The Company may, as needed to execute the Services, have present during the execution of the services an assistant, second photographer, apprentice, intern, contractor, or another person to assist the Company in the execution of the Services. Such person(s) may be of any gender. The Client shall be notified in advance if any persons other than the Company will be present on the set during the execution of the Services. Should the client feel uncomfortable with any additional persons on the set, the Client may request those additional persons not be present on set during the execution of the Services. With Client consent, Company representatives, including contractors, may make adjustments to the pose, clothing, hair, jewelry, makeup, etc.
CLIENT GUEST
The Company shall allow the Client one (1) guest who is at least 18 years of age to accompany the Client during the execution of the Services. The Client’s guest may watch the execution of the Services provided the guest adheres to all photography session rules outlined in the separate RULES OF CONDUCT AGREEMENT AND does not disrupt or interfere with the execution of the Services. There shall be no cameras or other photographic devices, including cell phones, allowed on set, except those owned and operated by the Company. Should the Company deem the Client’s guest’s actions and/or behavior disruptive to the execution of the Services, the Company, at the Company’s discretion, may ask the Client’s guest to wait in another room until the execution of the Services is complete or vacate the premises completely with or without warning. Should the Client’s guest refuse, the Company may, at the Company’s discretion, contact law enforcement officials and request the removal of the Client’s guest from the session location. The Client’s guest may be asked, but is not required, to help during the execution of the Services, especially to make adjustments to the pose, clothing, hair, jewelry, makeup, etc. The Client's guest shall NOT take photographs or videos of any kind before, during, or after the Service. Should the Company determine that the Client's guest violated this rule, the Client's guest shall be required to
a) delete any and all photographs and videos taken before, during, or after the photo session, witnessed by a representative of the Company; and
b) vacate the studio premises until the photo session, including the photo reveal following the photo session. Should the Client's guest refuse to comply with the no photography rule, the Company shall, at the Company's discretion, summon law enforcement officials for assistance in the enforcement of the Company's no photography rule. Should the Client disagree with these actions, the photo session shall be terminated immediately with no recourse, refund, or restitution due to the Client. Should the Services be conducted in the Client's home or Client funded hotel or Airbnb location, the Company shall pack up all equipment and vacate the premises. Should the Client prevent the Company from vacating the premises, law enforcement officials shall be contacted.
INTELLECTUAL PROPERTY OWNERSHIP
All intellectual property rights, including, but not limited to, copyrights, trademarks, service marks, know-how, and other confidential information, trade dress, trade names, logos, corporate names, domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to all documents, work product and other materials that are delivered to the Client under this Agreement or prepared on behalf of the Company in the course of performing the Services shall be owned by the Company.
CLIENT PHOTOGRAPH USE
The Client may post Photographs to the Client's personal social media accounts with photo credits to the Company. The Client may use Photographs to promote the Client's modeling business in the form of social media posts, social media ads, and portfolios (personal/professional website, other portfolio websites such as Model Mayhem and Purple Port).
COMPANY PHOTOGRAPH USE
The Client shall complete a separate PHOTOGRAPH USE AGREEMENT at the completion of the same-day reveal. This agreement allows the Client to specify how the Company may use the Client's Photographs, an option that the Company only use Photographs that do not reveal the Client's identity, and how they wish to be named, if at all, in the model credit when Photographs are used.
PRINTING RIGHTS
Printing rights are included. The Client may, at the Client's expense, create prints, wall art, and photo albums.
PRINTING RIGHTS
Printing rights are not included. The Client is not permitted to print Photographs.
DIGITAL DUPLICATION RIGHTS
The Client is permitted to create duplicates of digital Photographs.
PHOTOGRAPH REORDERING
The Company stores all Photographs for an undetermined length of time depending on electronic storage space, including cloud-based storage. The Company shall not be required to notify the Client prior to deletion of the Client’s Photographs from any and/or all of the Company’s electronic storage devices, including cloud-based storage. The Client may reorder Photographs at the Company’s prices at the time of the reorder request, with the understanding that the Client’s Photographs may no longer be available or the Company’s prices may have changed. The Company strongly recommends the Client backup all digital Photographs to multiple electronic storage devices, including cloud-based storage, to prevent a total loss of digital Photographs due to hard drive failures, accidental deletion, loss of access to cloud-based storage, lost or destroyed flash (thumb) drives, and other calamities that may cause a loss.
CONTRACTUAL OBLIGATIONS
The Client affirms that the Client is fully able to contract in the Client’s own name without breach of any prior agreement, contract, or applicable law, including, but not limited to, prior agreements with modeling and talent agencies.
INDEMNIFICATION
The Client agrees to indemnify and hold harmless the Company, Company’s affiliates, and Company’s respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to, Client’s participation or action(s) under this Agreement. The Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by the Company, in writing.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY OF THE COMPANY’S REPRESENTATIVES BE HELD LIABLE UNDER THIS AGREEMENT TO THE CLIENT OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF, OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) BE MORE THAN THE AMOUNT PAID FOR THE SERVICES.
DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the Parties to the Agreement, every controversy or dispute to this Agreement shall be submitted to mediation. If this is unsuccessful, the dispute shall be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of initial arbitration demand and shall take place in Las Vegas, Nevada, United States of America. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment costs, including attorneys’ fees) shall be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction of law or decree in equity, as circumstances may indicate.
NON-DISPARAGEMENT
The Client shall not make any fake, disparaging, or derogatory statement in public or private regarding the Company, Company’s employees, or Company’s agents. The Company shall not make any false, disparaging, or derogatory statements in public or private regarding the Client and the Client’s relationship with the Company.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, regardless of the conflict of laws and principles thereof.
ENTIRE AGREEMENT, AMENDMENT, HEADINGS
This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement, or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both Parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
ADDITIONAL AGREEMENTS
The Client acknowledges that if the Photographs are used for third-party online or print media, such as magazines, galleries, contests, or third-party websites, the Client may be required to sign additional agreements, contracts, age verification, and releases by those parties.
COUNTERPARTS
This Agreement may be executed in one or more counterparts (including by means of paper document, facsimile, computer or mobile device application, document signatory website/application, the Company's website, online Customer Relationship Management application, or electronic mail via portable document format (PDF)), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
SEVERABILITY
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER
The waiver of failure of the Company to exercise in any respect or any right provided for herein shall not be deemed a waiver of any further right hereunder.
ASSIGNMENT
This Agreement may not be assigned by either Party without the express written consent of the other Party.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including, without limitation, acts of God, war, global, national, state, or local pandemic, curtailment or interruption of transportation facilities, threats of acts of terrorism, State Department travel advisory, labor strike, or civil disobedience, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risks of injury, for either Party to perform its obligations under this Agreement, the Affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
The Parties affirm to have read the foregoing prior to its execution and agree to the contents hereof. The Parties agree that the Agreement is irrevocable, worldwide, and perpetual, and shall be governed by the laws (excluding the laws of conflicts) of the countries/states from the list presented below that is nearest to the address of the Company: UNITED STATES OF AMERICA | State of NEVADA | County of CLARK | City of LAS VEGAS
IN WITNESS THEREOF, the Parties, intending to be legally bound, have executed this Photography Services Agreement as of .
