1. SESSION FEE/RETAINER
Client understands that the session fee retainer of $250 for a single session, $300 for Couples, $125 for Model Calls is non-refundable and reserves the date and time for the Photography Session. Payment for product orders shall be submitted to Photographer on the day of the Reveal Session. No products shall be ordered or delivered until the entire amount is paid in full.
2. CANCELLATION
POP Boudoir agrees to reserve and not make any other reservations or accept any other clients for the date, time, and duration listed above (the “Session Date”) for the performance of the services listed in the Quote above (the “Photography Session”). For this reason, in the event, that CLIENT BREACHES, REPUDIATES OR CANCELS the contract for any reason, all monies paid shall be retained by POP Boudoir, in order to offset its loss of business. In all circumstances, all sales are final and all payments are non-refundable.
3. RESCHEDULING
The client may reschedule the Photography Session once without forfeiting any fees paid, provided that: (1) Client provides notice of the desire to reschedule no less than 3 days before the Session Date; and (2) the Photography Session is rescheduled to a date no later than 60 days after the Session Date. If the Client provides less than 3 days notice, Client forfeits $150 of fees paid. The client will be charged $150 upon rescheduling. If reschedule date is more than 60 days from the original session date or more than one reschedule is made, all monies paid are forfeited and a new retainer is required. Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. at no additional costs to the Client.
4. LATE ARRIVALS
If Client arrives late to the Photograph Session, the Photography Session will end at the scheduled time. If the Client is more than 30 minutes late for the Photography Session, the Photography Session will be considered canceled and all fees will be retained by POP Boudoir.
5. COOPERATION/NO SHOWS
The photographer is not responsible if Client and/or key individuals fail to appear or cooperate during Boudoir Sessions, Reveal & Ordering appointment, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to attend to the scheduled sessions the Session Retainer is non-refundable. Your session is an allotted time of four hours. If the client is a no show for their session or their reveal & ordering appointment, all monies paid are forfeited and there will be no available options to reschedule (unless the reason for no show, no call was an emergency)
6. CREATIVE CONTROL
POP Boudoir retains creative control of the Photography Session in its entirety, including but not limited to, the adjustment of hair, makeup, jewelry, clothing, props, and sets. POP Boudoir DOES NOT PROVIDE ADDITIONAL PHOTOGRAPHY SESSIONS IN THE EVENT CLIENT IS DISSATISFIED WITH HER APPEARANCE IN THE FINAL IMAGES. The Client agrees to notify POP Boudoir of any dissatisfaction with her appearance, including but not limited to wardrobe, hair, and makeup, prior to photographs being taken.
7. HAIR AND MAKEUP
Client agrees to release and hold harmless POP Boudoir for any services rendered or products applied by any stylist, hair and makeup artist, or other independent contractors during the Photography Session. This includes, but is not limited to, allergic reactions or injuries resulting from the techniques or products used. Client agrees to notify POP Boudoir along with any stylist, hair and makeup artist, or other independent contractor used during the Photography Session of any and all allergies prior to the Photography Session.
8. PHOTOGRAPHIC PROOFS
POP Boudoir will make Photographic Proofs of selected images taken during the Photography Session available for viewing by Client for the sole purpose of selecting images from the Photography Session to be purchased by Client from POP Boudoir in the form of digital images (“Photographic Images”). The images for the Photographic Proofs shall be selected at the sole discretion of POP Boudoir. The client will not be given access to images not selected for the Photographic Proofs.
9. IN-PERSON REVEAL SESSION
Reveal Sessions are held within 2-3 weeks after the photo session. Photographic Proofs are made available to Client in person, any order of Photographic Images must be placed at that time. If no order for Photographic Images was placed at the time of the Reveal Session, the Photographic Proofs will be held for one year. After one year if no order has been placed, all session images will be deleted, NO EXCEPTIONS.
10. ORDERS
By signing this agreement, Client understands that they are required to place their order during the ordering session. If client is unable to make full payment for their order, they must be prepared to set up a payment plan with a down payment of $100 minimum. Orders for Photographic Images, including but not limited to Photographic Albums, are considered final when placed and cannot be canceled for any reason. Failure to make a down payment of minimum $100, or pay in full on a final order within 6 months of the order being placed, will result in the order being canceled and images deleted. Once the images are chosen, the order is considered in production. Due to the custom nature of orders, an order cannot be changed or canceled once it is in production. No refunds will be given.
11. PAYMENT
Half of the full payment for the Photography Session ($150) is due upon the execution of this Agreement. $100 minimum payment for Photographic Images is due when the order for Photographic Images is placed. For the convenience of its clients, however, POP Boudoir may allow for partial deferment of the payment of fees for the Photography Session and Photographic Images. Participation in a deferred payment or installment payment plan or failure to timely pay the full payment for the Photography Session or Photographic Images does not absolve Client of any obligation under this Agreement, including the obligation to pay the full amount due for the Photography Session or Photographic Images.
12. LATE FEES
Past due payments will accrue a late fee of $5 per day after a 5 day grace period. Client’s failure to remit full payment in a timely manner, however, will result in termination of POP Boudoir obligations under this Agreement. In the event that the Client's payments go 60 days past due, the order will be canceled and images will be deleted. In all circumstances, all sales are final and all payments made are non-refundable.
13. PHOTOGRAPHIC MATERIALS
All photographic materials, digital or otherwise, including but not limited to negatives, transparencies, proofs, previews, and electronic image files shall be the exclusive property of POP Boudoir. POP Boudoir retains all legal rights, including copyright to the images taken in the Photography Session. Client waives any and all legal rights in the images taken during the Photography Session. Shana Pyburn, POP Boudoir shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions, and use, or for display within or on the Photographer’s website and/or studio when a Model Release is signed stating the release of Client's images. If the Client declines the Model Release, no use of the images will be public and the images stay private and are only seen by the staff of POP Boudoir and the Client. If the Photographer desires to make other uses of the images outside of uses stated in the Model Release, the Photographer shall not do so without first obtaining the written permission of the Client. The Model Release is a separate document the client will sign giving consent or declining consent at the photography session.
14. CLIENT USAGE
Photographic images are solely for the personal use of the Client and shall not be used for any commercial use without express written permission from POP Boudoir. Client understands and agrees that any reproduction, duplication of any image not purchased or alteration of any images owned or produced by POP Boudoir, including but not limited to Photographic Images AND IMAGES MADE PUBLIC BY POP Boudoir ONLINE, by anyone other than POP Boudoir is strictly prohibited and is a breach of this Agreement and a violation of the legal rights of POP Boudoir. ALL IMAGES created by, POP Boudoir are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Shana Pyburn’s written permission. It is illegal to copy, scan, download (unless digital gallery was purchased), screenshot, print, modify, reproduce, re-edit, add any filters, convert to black and white or otherwise steal any image created by POP Boudoir. This applies to images posted in a Private Online Gallery, Blog, Facebook, Instagram or Hard Copy images. The Client may, however, share web/blog post links and social media albums through use of the share functions and dissemination of direct links. If Client steals images via any method above or any other method, the Client will be charged legal fines and invoiced for the cost of EACH digital image stolen, at Photographer’s current price per image. If the client has any questions regarding copyright and the use of photographs please contact POP Boudoir.
15. THIRD PARTIES
POP Boudoir will not discuss any information containing to the Client or Client's session, payments or personal information with a Third Party unless Client goes into default on payments and goes to a collection agency.
16. LIMIT OF LIABILITY
POP Boudoir takes the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs, and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond POP Boudoir’s control, POP Boudoir's liability is limited to a re-shoot which will be scheduled at no additional cost. In the unlikely event that Photographer is injured or becomes to ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date.
17. INDEMNIFICATION
POP Boudoir shall be held harmless for any and all injury to the client during the course of the Photography Session or any injury on or near the premises before, during, and after Photography Session. POP Boudoir shall be held harmless for any and all economic, reputational, or any other damages to Client resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. Client agrees to defend and indemnify POP Boudoir for any legal claims by third parties resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. Client further agrees to defend and indemnify POP Boudoir for any and all legal claims caused by intentional or negligent acts of the Client.
18. WEATHER
If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
19. ENTIRE AGREEMENT/WAIVER
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. 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 Agreement. This Agreement shall be governed by the laws of Piedmont, South Carolina.
20. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by the laws of Piedmont, South Carolina. The parties submit to the exclusive jurisdiction of the courts of that State in respect of all matters arising out of or relating to this agreement, its performance or subject matter. Client irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non-conveniences. Service of process, summons, notice or other documents by mail to such Party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
21. SEVERABILITY
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceable shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.