(a) At the time the Client accepts the terms below and pays the session fee, the Studio/Photographer shall reserve the time and date agreed upon.
(b)The Client agrees that both the session fee and the $800 minimum purchase (out-of-pocket) is earned by the Studio/Photographer at the time of booking, in consideration of the experience, reputation, skill of the Studio/Photographer, and in consideration of the inability of the Studio/Photographer to schedule other clients during this time. For this reason, the session fee and the required $800 minimum purchase (out-of-pocket) must be paid and is non-refundable, even if the Client cancels their session.

Booking Process

Boudoir Session Terms + Conditions

Digital Files + Product

(a) Digital files and Product are NOT included with the Client's session fee, but they can be purchased at the ordering appointment.
(b) Under no circumstance will the Studio/Photographer send the Client a watermarked online gallery to the client without the Client paying the Studio/Photographer for the images in full.
(c) In regards to product, the Client is aware that color dyes in photography products may fade or discolor over time due to the inherent qualities of dyes, and the Client releases Studio/Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The photographer is not responsible for the damage to products after delivery to the client. The client assumes all responsibility for the safety of all products upon receipt. 

Minimum Purchase, Average Spend, Standard Price List

(a) The Client understands and agrees that an $800 minimum purchase (out-of-pocket), not including the session fee, is required for ALL sessions, including sessions purchased during a sale, and even if the Client has a print credit and/or Client cancels their session.
(b) The Client will receive an invoice in the amount of $800 for the minimum purchase (out-of-pocket) on their account that is due the day before the ordering appointment, even if the Client sets up a payment plan for purchased products and/or images. If the Client wants to split up the cost of the $800 minimum purchase (out-of-pocket), she may pay on the invoice between booking and the ordering appointment. If the Client cancels their session, this invoice is due immediately upon canceling.
(b) If the Client has a print credit, the Client's print credit may only be used towards collections, and not on a la carte items, and the Client must pay $800 (out-of-pocket) before the print credit will be applied. E.g., the Client has a $300 print credit. The Client's subtotal must reach $1100 to use the entirety of the $300 print credit, as the Client must pay the $800 minimum purchase (out-of-pocket) first.
(b) Client understands that most clients spend $1000-$2000 from our a la carte price list and/or $2000-$4000 on our collections price list.
(c) The Studio/Photographer's Standard Price List is adjusted periodically and all orders are based at the prices in effect at the time when the order is placed, not at the time the session is booked.
(d) The Client acknowledges and agrees that if the Client has questions about cost of digital files and product, it is the Client's responsibility to consult with the Studio/Photographer prior to booking.
(e) If the Client decides to cancel the session after booking, the Client agrees that the session fee and the $800 minimum purchase (out-of-pocket) has already been earned by the Studio/Photographer, and must be paid and is not refundable.

Exclusivity & Attendance

(a) The Client acknowledges and agrees the Studio/Photographer is the exclusive official photographer retained to perform the photographic services requested.
(b) For the safety of the Studio/Photographer and the Client's overall experience, the Client understands that they are not permitted to bring a guest to the studio or the ordering appointment, unless explicit, written permission has been granted by the Studio/Photographer.

Pre-Session Discovery Call

(a) The Client agrees to attend a pre-session discovery call with the Studio/Photographer to discuss what the Client wants out of the session, what to wear, and answer any of the Client's questions.
(b) Any information provided and discussed during this pre-session discovery call is not part of this agreement nor shall such information modify this agreement.
(c) Client agrees that circumstances may prevent certain images from being created, and the Studio/Photographer shall not be liable for unmet client requests.

Artistic Style

Client acknowledges that the Studio/Photographer requires and retains discretion as to how its services shall be provided (e.g. choice of sets, styling, poses, lighting, lenses, culling, editing, retouching, etc.); that Client is familiar with the Studio/Photographer’s portfolio and is requesting the Studio/Photographer’s services with knowledge of the Studio/Photographer’s style; that Studio/Photographer’s work is constantly evolving; that Studio/Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Studio/Photographer in the past; and that in creating the images, the Studio/Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from the Client’s vision of the session. Accordingly, Client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance, and the Client will still be responsible for the $800 minimum purchase (out-of-pocket) at the ordering appointment.

Ordering Appointment, Copyright, Theft of Property

(a) The Client's customized ordering appointment will take place in-person at the Photographer's home studio or via Zoom within 7-10 days of the Client's boudoir session. Ordering Appointments are only available during the times provided to the Client by the Studio/Photographer.
(b) The Studio/Photographer retains all copyrights to all images created during the client’s session. Digital files with a print release can be purchased at the ordering appointment if not already included in your chosen collection. The print release does not allow publication of your portraits (i.e. entering in contests), commercial use, selling, or altering (editing in any manner, including cropping) of your images without the Photographer’s written permission. Any monetary gain is illegal and will result in legal action at the expense of the Client. 
(c) The Client understands and agrees that it is a copyright violation, per federal law under 17 U.S. Code § 504, and theft of property according to state law, to copy (including screenshots) or reproduce the Studio/Photographer's images without the Studio/Photographer's permission, and violators of this Federal Law will be subject to both civil and criminal penalties, with a minimum fine of $750 per image.
(d) The Client understands and agrees to refrain from screenshotting, copying, or reproducing images during the Client's ordering appointment.
(e) Upon discovery of infringement of copyright or theft of property, the Studio will invoice the Client $750 for each stolen image. If the Client does not pay the invoiced $750 fee per image within 5 business days of discovery, the Studio will pursue all civil and criminal remedies.

Final Sale, Refunds, Returns & Cancellation of Orders, Additional Orders

(a) The Client understands and agrees that all sales are considered final at the time they are made and all payments made are non-refundable.
(b) Orders for products and/or digital files cannot be cancelled, returned or exchanged.
(c) The Client's session will remain on file for one year, so that additional orders can be placed within this time frame. If the client would like to purchase digitals or artwork after their reveal appointment, they have the option to purchase an annual gallery backup subscription. This watermarked gallery will be available to add-on to any purchase made at their reveal appointment and will ensure secure cloud backup of your digital images. Later purchases of art/digitals during your subscription will be subject to the most current pricing.

Payment Terms, Payment Plans, Failed Payments

(a) Payment for digital images and product in full is due at the time of Client's ordering appointment unless an alternate payment plan has been made with the Studio/Photographer. Even if a payment plan is made, the minimum $800 purchase (out-of-pocket) is due on the day of the ordering appointment.
(b) Until the full balance and any additional fees incurred are received by the Studio/Photographer, all photographic materials, including but not limited to proofs, previews, digital files, prints, and products shall remain the property of the Studio/Photographer and shall not be released to the Client.
(c) In order to be approved for a payment plan, the Client must give two credit cards to the Studio/Photographer, and the Studio/Photographer will run the cards for the agreed upon amount on the agreed upon dates.
(d) The maximum length of a post-payment plan is 6 months, unless otherwise arranged with the Studio/Photographer. 
(c) The client acknowledges that all pre-payments are non-refundable. If your credit/debit cards are declined, you will have 7 days in which to set up another form of payment. This does not affect the remaining payment schedule and payments will continue to be charged. Failure to provide another form of payment will result in the cessation of payments with no refunds given or products owed to you.

Standard Turnaround Time, Product Rush Fees

(a) The Studio/Photographer's standard turnaround time for digital images is 24-48 hours and 4-6 weeks for products.
(b) As of the date these terms and conditions were last updated, the lab rush fee is an additional $100 if the Client's order only includes a standard albums, acrylic block, glass box set, wall art, polaroid prints, or retro viewfinder. 

Proof Approvals (For Albums, Prints, Retouching, etc)

(a) Once a proof is sent to the Client for approval, the Client has 1 week to send written approval of the request changes or design.
(b) If Client fails to contact the Studio/Photographer within 1 week with written approval or desired changes, the Studio/Photographer will assume the Client has approved the proof. The Client shall have no further recourse regarding approval or adjustments once this 7 day proofing period has expired.

Product Order Errors; Lost Items in the Mail or Incorrect Addresses

(a) The Client is required to approve all parts of a product order, including but not limited to the design itself, size, product line, cover choice, engraving (wording, spelling, capitalization, and punctuation), etc.
(b) If a product arrives that has been approved by the Client but contains an error unnoticed by the Client, the Client shall be responsible for the cost of a replacement from the lab at 50% of the original price and may keep the incorrect product (unless required by the lab to return it).
(c) If the Studio/Photographer creates the error after the Client approves the order, the Studio/Photographer shall be responsible for the cost of the replacement from the lab, but the incorrect product must be returned to the Studio/Photographer.
(d) The Studio/Photographer is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or incorrect addresses on approval forms.

Rescheduling by Client

(a) The client understands and agrees that they may reschedule their session one time with no penalty with 15 or more days notice, so long as the rescheduled date is within four weeks of the original booking. If there are no available time slots within four weeks of the original booking, the Client must discuss alternate arrangements with the Studio/Photographer.
(b) The Client understands and agrees that they will be charged a $150 rescheduling fee if they try to reschedule within 14 days of the original booking or attempt to reschedule the session a second time. The new session is not officially booked until payment is received.
(c) The Client understands and agrees that they will be charged a $250 rescheduling fee if the Client attempts to reschedule within 24 hours of the session or attempts to reschedule a third time.
(d) If the Client does not pay the required rescheduling fees within 48 hours of notifying the Studio/Photographer of their intent to reschedule, the Studio/Photographer will assume that the Client has chosen to cancel the session, and the policies under the Cancellation by Client will apply.

Cancellations by Client

(a) The Client understands and agrees that if, for any reason, the Client cancels the session, the Studio/Photographer shall keep the non-refundable session fee, and the Client must still pay the $800 minimum purchase immediately at the time of cancellation.
(b) The Client understands and agrees that due to the high demand for the Studio/Photographer, the cancellation leaves an unfilled opening in the Studio/Photographer’s calendar which results in unascertainable damages. Client agrees that this policy and amount is reasonable to accommodate the unfilled opening in the Photographer’s schedule and that this policy is not punitive in nature.
(c) The Client understands and agrees that upon cancellation, all monies paid, including the $800 minimum purchase (out-of-pocket), may be put towards an order for the Client ONLY for a period of six (6) months from the date of initial booking, although the Client will be required to pay a new session fee to book a new session.

Rescheduling by the Studio/Photographer; Substitution by the Studio/Photographer; Termination by the Studio/Photographer

(a) Client understands and agrees that the Studio/Photographer reserves the right to reschedule sessions for the safety and health of all parties in case of sickness or severe weather and will attempt to reschedule them within two weeks of the original session date.
(b) The Client understands and agrees that if the Studio/Photographer is unable to perform their obligations for reasons that include but are not limited to hospitalization for health, injury, death, or personal emergency, the Studio/Photographer reserves the right to choose, at their sole discretion, a substitute photographer and warrants that the substitute photographer to be of comparable quality and professionalism. Client agrees that this substitution does not constitute a breach of this contract and that this substitution does not entitle the Client to a refund of any kind.
(c) If, the Studio/Photographer cancels the Client's session or order for any reason other than violations of the Studio/Photographer's Safe & Comfortable Environment clause (in which case, those policies will apply in lieu of the policies in this section), the Studio/Photographer shall return all monies paid to the Client, minus the a la carte value of services and products that have already been provided to the Client.

Cheerful Cooperation; Safe & Comfortable Working Environment.

(a) The Client agrees to cheerful cooperation and communication leading up to, during, and after the session.
(b) The Client agrees to undertake the best efforts to ensure that the Studio/Photographer and their staff is treated with respect and dignity and that the Studio/Photographer is provided with a safe and comfortable working environment.
(c) In the event that Client commits any instances of verbal or written harassment, yelling, disrespect, or other similar behavior that would lead a reasonable person to feel unsafe or uncomfortable in such an environment, the following procedure will occur: (1) On the first occurrence, the Studio/Photographer will give the Client notice, and the Client agrees to immediately rectify the situation. (2) On the second occurrence, the Studio/Photographer retains the right to immediately end the working relationship.
(d) If the Studio/Photographer ends the working relationship, the Client understands and agrees that she shall not be entitled to any refund and will still be responsible for the $800 minimum purchase (out-of-pocket), but the Studio/Photographer shall immediately destroy any images taken. The Client shall have no further recourse.

Sessions Booked On Sale

(a) If the client books a session with special sale pricing (e.g., Black Friday, Birthday Sale, etc.), the Client understands and agrees that the terms of this section will supersecede, even if the terms of the sale conflict with the terms elsewhere in this document.
(a) The Client agrees that sessions may only be rescheduled during the period of the sale sessions (e.g., Client booked a session on sale in May and the sale sessions are available to be booked from August-November. Client may not reschedule past Nov 30.)
(b) If the Client cancels their sale session or attempts to reschedule after the period of the sale sessions end, the Client understands and agrees that she will forfeit that special offer. However, the price the Client paid will remain on the Client's account for 6 months as a credit that can be used towards a new session.

Privacy, Model Release, Revocation

(a) The Client understands that the photos will not be posted unless the client gives the photographer permission within the model release form that will be given to the client at the viewing & ordering appointment. If the client is partaking in a model call session - full image release is required.
(b) The Client will retain the right to revoke their permission at any time. If the Client chooses to revoke the model release, the Studio/Photographer will attempt to pull down all public usage of the Client's images in the Studio/Photographer's control, but the Client understands that the Photographer may not be able to claw back images that have been in the public domain. The Client understands and agrees that this is a risk the Client agrees to take if permission is given to use the images for marketing purposes.

Limit of Liability

In the event that the Studio/Photographer fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of the Studio/Photographer’s control, the Studio/Photographer’s liability shall be limited to a refund of all payments made by the Client. The Studio/Photographer warrants that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of Client’s images. In the unlikely event of data loss or camera equipment malfunction, the Client can choose between a refund of all payments made by the Client or a new session can be scheduled at no additional cost to the Client. If there is a failure to capture certain images that the Client requested, such omissions shall not be a breach of this agreement, will not cause any compensation to be made to the Client, and the Studio/Photographer shall not be liable for the same.

Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder, when and to the extent that such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including but not limited to, the following Unpredictable Events: ("Unpredictable Events"):
(a) acts of God
(b) acts of Man
(c) a natural disaster (flood, fire, earthquake, hurricane, tornado, storms, infestation, or explosion)
(d) war, invasion, riot, terrorist threats or acts, other civil unrest, or hostilities (whether war is declared or not)
(e) government orders or laws
(f) embargos or blockades in effect on or after the date of this Agreement
(g) action, bans, or recommendations by federal, state, or local governments or any governmental authority
(h) national or regional emergency
(i) pandemic or epidemic
(j) strikes, labor stoppages, slowdowns, lockdowns, or other industrial disturbances
(k) shortage of adequate power or transportation facilities
(l) motor vehicle accidents on the way to the event or during the event
The impacted party shall give notice within 7 days of the Unpredictable Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Unpredictable Event are minimized. The impacted party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
In the event that the session cannot continue as planned due to an Unpredictable Event, the Client agrees to follow the rescheduling procedures, with no rescheduling fee or time limitation. If the Client makes the decision to cancel this agreement due the Unpredictable Event, the cancellation policies apply, and the Client will still be liable for the $800 minimum purchase (out-of-pocket).

Miscellany

(a) This Contract incorporates the entire agreement and all understanding between the Client and the Studio/Photographer. It supersedes all prior and contemporaneous agreements between the parties.
(b) Any modifications of this Contract must be in writing and signed by both parties.
(c) Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.
(d) This Contract shall be governed by the laws of the State of Florida.
(e) Any such suit shall be filed in Pinellas County, Florida.
(f) No party may assign this contract without all other parties’ written permission.
(g) If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect.
(h) If there is a conflict between the provisions of this agreement and any other agreement between the parties, the provisions of this agreement will control.

Construction

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.