Our Agreement

1. BOUDOIR ACKNOWLEDGEMENT. Client has commissioned the studio for boudoir photography. This style of photography may include artistic images of the clients body that may include sexually suggestive poses, implied nude photography or actual nude photography. Client will communicate about any posing or level of nudity that they don't want to do. It is Client’s express desires to pose and participate in the boudoir session. Further, because studio cannot control any distribution of session images by Client, Client agrees to hold Studio harmless from any damages or actions that may arise from the publication of any images from this contract including any claims regarding the content or suggestive nature portrayed in images made under this agreement. Furthermore, Client acknowledges that the Studio will have at least two Studio representatives present at the shoot. Client may no more than one guest to the shoot without the prior approval of the Studio.

2. COMPENSATION. This contract is valid only on payment of the amounts specified. Payment in full is due by the day of photography session. Add-on orders, upgrades or special services cannot and will not be created or delivered until the balance due is paid in full. Failure by Client to make payments as scheduled may be deemed a material breach of this agreement. In the event of breach, the Studio, at its option, may cancel this agreement and be received from any further obligation of performance.

3. CANCELLATION OF YOUR SITTING OR BREACH. For cancellations: A Client’s Booking Retainer, as well as a $150 fee for hair and makeup deposit, is nonrefundable. For Breaches: Should Client otherwise fail to perform under this contract, the full amount due under this contract will become immediately due and payable as liquidated damages. Client acknowledges that the amount of the fees and deposits paid shall be liquidated damages in the event of breach, because the actual amount of the Studio’s damages would be difficult or impossible to determine. FORCE MAJEURE. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder. If Client cancels at least 30 days before shoot, a full refund, minus any non-refundable deposits made to 3rd party vendors (as agreed to between client and studio), like hair and makeup, locations, travel fees will be provided. If Client cancels less than 30 days before shoot, a refund minus the session fee of $550, plus any non refundable deposits made to third party vendors (as agreed to by client and studio) will be provided.

4. COPYRIGHT AND USAGE: The Studio retains all copyrights in perpetuity of images. Client can use images for personal use only, and shall not use images for commercial use or sale without explicit consent from studio. Studio may reproduce, publish, exhibit images for portfolio, marketing, or education. Studio can participate in commercial use of images in which the subject is unrecognizable.

5. PRINT ORDERS AND DELIVERY. Any orders for prints, or other add-ons and services not included in the package described above must be paid for at the time the order is placed. Furthermore, any order must be placed within thirty (30) days of proofs being made available to the client. Orders delayed for sixty (60) days or more are subject to any increase in charges for the same services and product that are published subsequent to this contract. Charges for additional services other than those referred to in this contract are subject to rates current at the time they are ordered. Prints in addition to those described above will be ordered based on the Photographer’s Standard Price List. In addition, the extra charges set forth below shall be billed if and when incurred. The Studio works to complete all placed orders within eight (8) weeks. Client acknowledges that some phases of production are dependent on suppliers and outside contractors and may be subject to delay. Client agrees to pickup finished orders and satisfy all balances due within twenty-one (21) days of being notified that the work is ready for pickup.

6. LIABILITY/WAIVER OF DAMAGES. The Studio represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of your images for up 6 months. However, in the event that the studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of the Studio’s control or the Studio’s own negligence, the Studio’s liability shall be limited to a refund of all payments made by you. If there is any failure to capture certain images that you have requested or that were discussed at our planning meeting , such omission shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client and the Studio shall not be liable for same.