CONTRACT FOR PHOTOGRAPHY SERVICES
You are contracting with Lynn Clark, dba Lynn Clark Photography and dba Bare Boudoir Studio {"Lynn Clark Photography"}, for photography services. Following are the terms and conditions of this contract.
TERMS & CONDITIONS
AGE OF CONSENT: Only people age 21 or older are eligible for boudoir photography services. Proof of age is required before the session begins.
PAYMENTS: A retainer in the form of a creative fee is due before your session date and time will be booked. The retainer/creative fee is subject to change without notice, but will not change after you have paid it. Payment for collections and a la carte services is due in full on the day of service. Payment for a la carte products is due upon ordering. A fee of $50 will be charged on all returned payments. Paypal and cash are the accepted forms of payment at this time. We do not accept personal checks.
PROOFS: Lynn Clark Photography will produce the minimum number of proof promised in the session you have paid for. She has sole discretion in selecting the images to show you from your session and is under no obligation to show more.
MINIMUM ORDER: A la carte orders for full sessions must meet a $400 minimum order before they are placed. A la carte orders for mini sessions must meet a $100 minimum order before they are placed. Social media headshot sessions have no minimum order.
PRICES SUBJECT TO CHANGE: Prices and products in the product list are subject to change without notice.
SALES TAX: Applicable sales tax will be added to all orders.
CANCELATION AND RESCHEDULING: Session fees, required at the time of booking, are not refundable.
If you need to cancel or reschedule your session, you must do so at least 96 hours {4 days} BEFORE your scheduled session’s start time to receive your full session fee on a gift certificate. The gift certificate expires 90 days from your original session date.
If you cancel or reschedule LESS THAN 96 hours {4 days} before your scheduled session’s start time, a $100 penalty will be deducted from your session fee and the balance will be applied to a gift certificate that expires 90 days from your original session date. The gift certificate is transferrable.
If Lynn Clark Photography cancels your session and cannot reschedule within 90 days, your retainer will be returned in full. If a "force majeure" causes the cancelation of your session {including but not limited to road closures due to weather conditions, war and natural disasters}, Lynn Clark Photography may reschedule your session at a future date within 365 days or distribute a refund of the session fee at her discretion.
PAYMENT OF ADD-ON SERVICES: Payment for add-on services is due upon booking. If you cancel your session at least 96 hours in advance of your start time, your full payment will be refunded in the manner it was paid {Paypal, cash}.
If you cancel less than 96 hours in advance of your start time, Lynn Clark Photography will apply a $35 fee to your refund.
COPYRIGHT: All product produced under this contract is protected by US Copyright Law. Lynn Clark Photography is the sole owner and copyright holder of every image taken during your session.
You may not scan, copy, photograph, alter, crop or otherwise change any photo you receive without express written permission of Lynn Clark Photography.
You may only post the exact web-ready file you received from Lynn Clark Photography on any website or social media site, including Facebook, Twitter, personal blogs or other sites, You may not crop out or remove the logo from any file you receive from Lynn Clark Photography.
You may not use any image taken by Lynn Clark Photography in any commercial endeavor or sell it to a third party for any use without the express written permission of the Lynn Clark Photography.
PHOTO USE IN MARKETING AND ADVERTISING: All clients are required to sign a model release that grants or denies Lynn Clark Photography permission to use any photo taken of you during your session in marketing and advertising.
If you indicate permission: You grant and assign Lynn Clark Photography irrevocable and unrestricted rights to use and publish all photos taken under this contract for any purpose and in any medium, to alter the photos without restriction, and to copyright the photos without restriction, in perpetuity. Lynn Clark Photography reserves the right to use any and all photos taken during your session in materials to market and promote her business. She will use the utmost discretion and respect your privacy in using these photos. Lynn Clark Photography may choose to have the client sign off on any blog post, advertising or marketing collateral at her discretion.
If you deny permission: Lynn Clark Photography will not use or display any photo taken in your session in any public setting.
The model release is revocable or changeable within 30 days of signing.
PRIVACY: Lynn Clark Photography will not sell, rent or otherwise distribute your personal information to any third party without your express permission.
LIMIT OF LIABILITY: Lynn Clark Photography will make every effort to provide high-quality photography services. She takes the utmost care with respect to exposure, transportation and processing of photographs, using professional equipment and backup equipment.
In the unlikely event that your photographs are lost, stolen or destroyed for reasons beyond her control, her liability is limited to the return of all payments you’ve made to her, including the retainer. The limit of liability shall not exceed payments made by you. The limit of liability for partial loss of digital media/originals shall be a prorated amount of the exposures lost based on the total number of originals.
LIMIT OF FILE STORAGE: Lynn Clark Photography may destroy, delete or otherwise erase all photos from your session at any time after you place your order. She may choose to keep the photos you purchase for a limited amount of time after your order.
LOCATION CONDITION: If you choose to hold your session at a private location, shooting areas are expected to be in IMMACULATE condition, with all clutter and personal belongings removed.
If Lynn Clark Photography decides the shooting location is not adequately clean or decluttered, the session will be rescheduled and a $100 rebooking fee will apply. Lynn Clark Photography is happy to do a pre-shoot walk-through of any private location to discuss action steps and staging for your photo shoot.
LOCATION LIABILITY: If Lynn Clark Photography is required to move items or furniture to properly stage the shooting location in a private location, she is not liable for any damage to any item needing to be moved or to any part of the location.
PHOTO EDITING: Lynn Clark Photography will deliver photos that are edited to the best of her ability. She has no further obligation towards image manipulation once the final product has been ordered.
WARDROBE & STYLING: While Lynn Clark Photography and any contracted makeup, hair stylists or wardrobe stylists will do their best to style the client in an attractive manner, the client is ultimately responsible for choices in wardrobe, makeup and hairstyle. No reshoots are available due to client disliking the wardrobe or styling in photos.
REGARDING USE OF TANNING BEDS/PRODUCTS: We prefer that our clients to not use tanning beds or tanning products both for health reasons and also because the skin will look orange in photos. If a client chooses to tan prior to the shoot, Lynn Clark Photography takes no responsibility for editing the skin to a more natural color.
SATISFACTION GUARANTEE: The client indicates satisfaction by placing an order.
If you are not satisfied with the photos revealed to you BEFORE ORDERING, Lynn Clark Photography will offer a 20-minute reshoot {no makeup or location provided} at no cost. All photos from the original session will be destroyed prior to the reshoot, and the client may only select images from the reshoot.
No refunds will be given on products after they have been ordered unless the lab has made an error and cannot correct it to Lynn Clark Photography's satisfaction.
FORCE MAJEURE/ACTS OF GOD: Lynn Clark Photography is not liable for failure to perform your photography session if such failure is the result of Acts of God {including fire, flood, earthquake, storm or other natural disaster}, war, invasion, acts of foreign enemies, hostilities {regardless of whether war is declared}, civil war, rebellion, revoution, insurrection or the like, lockout or interruption or failure of electricity or telephone. No party is entitled to terminate this agreement in such circumstances.
If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that th eother party was timely notified of the likelihood or actual occurrence of an event described above.
I have read and agree to the terms and conditions stated above.