Photo Contract TERMS and Conditions
This agreement is between Samantha Hartig, hereinafter referred to as the "Photographer", operating in the State of Florida, and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.
The contract terms, agreement, and price list are the only legally binding documents between the Parties.
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Overview:
This agreement contains the entire understanding between the Photographer and the Client as an order for portraiture services. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
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Boudoir Session:
This is a boudoir session, which means the Photographer will photograph the client in lingerie and possibly the nude. Due to adjusting hair or directing the client to pose, the Photographer may have limited contact with the client. Professional boundaries are strictly enforced, sexual activity is prohibited. Any violation permits Photographer to end the session immediately with no refund.
Privacy Guarantee:
Boudoir images will never be used for studio marketing without a signed model release.
Mandatory age of 18 or older: The client must be 18 years of age or older to participate in this boudoir session.
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All Sessions
Booking & Payment
A non-refundable deposit and signed contract are required to reserve a session date. Any remaining balance is due 7 days before the session unless otherwise arranged in writing.
By selecting a veterans session, you are confirming you have served in the U.S. military or are a qualifying Veteran.
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Rescheduling
A minimum 48-hour notice is required to reschedule.
Photographer may cancel a session that has been rescheduled two or more times.
Because veterans sessions are complimentary, Photographer may limit rescheduling availability based on studio calendar.
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Cancellation
Deposits are non-refundable under all circumstances once the date is reserved.
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Weather + Location Limitations
If the Photographer advises rescheduling due to weather and Client proceeds, any additional time or a reshoot will incur standard session fees.
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Cooperation
Client agrees to communicate clearly and cooperate to achieve the best results.
Photographer is not responsible for missed images due to lack of cooperation or withheld information.
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Garments
Photographer is not responsible for wardrobe damage before, during, or after the session.
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Outfits
Clients may change outfits during the session; however, changing time counts toward total session time.
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Tardiness
Late arrival may shorten shooting time. If hair/makeup is included, Client is responsible for stylists’ late arrival policies.
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Completion
Standard turnaround times are as follows:
Digital-Only Deliveries: approximately 1–3 weeks
Printed Products + Albums: approximately 5 weeks (may be longer during peak seasons or with specialty products)
These timelines may vary based on workload, customization requests, retouching needs, and product vendor processing times.
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Limitation of Liability
In the unlikely event of illness, emergency, or failure of equipment:
Photographer will attempt to secure a comparable replacement, or reschedule when possible.
If neither is possible, compensation is limited to payments received.
Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Photographer ’s control, Photographer liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Photographer will not be held responsible for the quality of any images printed that are not ordered through her. Photographer recommends all clients order through her professional printer.
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Outfits: Although, there are no additional fees for additional outfits. The amount of time it takes to change into those outfits does count towards the total amount of the session time.
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Copyright & Usage Terms
Copyright
All images are the copyrighted intellectual property of Fierce Flamingo Studio. Copyright is not transferred with digital purchase.
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Creative License
Images are edited at the Photographer’s discretion. Only images that meet professional quality and artistic standards will be delivered. Raw/unedited files are not provided. Clients may request minor edits, subject to photographer approval.
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Limit of File Storage:
Photographer may destroy, delete, or otherwise erase all photos from your session 30 days after your image ordering appointment.
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Returned checks:
Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
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This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photographer's current price list.
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All Parties confirm they:
Have read and understood this contract
Agree to all terms and pricing
Are entering into this agreement willingly and legally
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Digital Product & Usage Rights Policy
General Digital Product Policy
All digital images purchased are delivered as high-resolution JPEG files.
Digital image sales are non-refundable once files have been delivered.
Unless otherwise stated in writing, images may not be altered or edited by any third party beyond minor cropping and personal-use filters.
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Personal Printing Rights
For Boudoir, Pet Portrait, and Veteran Clients
Purchased digital images include personal printing rights. This means:
You may print your photos for personal enjoyment, gifts, and display.
You may share them on personal social media.
(Photo by Fierce Flamingo Studio encouraged, but not required)
You may not:
Sell, license, or use photos commercially
Submit photos to contests or publications without permission
Remove watermarks (if applicable)
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Commercial Licensing for Branding Clients
Branding photography is created for business use. Purchased images include a Commercial Use License, granting the following rights:
Website, digital marketing, email campaigns
Print marketing: brochures, business cards, signage
Social media content and paid ads
PR and media features related to your business
Commercial license covers image use by the purchasing business only.
Editorial or product packaging use may require additional licensing.
You may not:
Resell or sublicense images to third parties
Use images in defamatory or harmful contexts
Transfer images to other businesses without written approval
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Copyright
All images are the copyrighted intellectual property of Fierce Flamingo Studio. Purchasing digital images does not transfer copyright.
Fierce Flamingo Studio retains the right to use images for portfolio display, marketing, and promotional purposes.
Boudoir and veteran clients are the exception. No boudoir or veteran images will be shared publicly without a signed image release granting permission for studio use.
