SESSION FEE/RETAINER
The client understands that the session fee retainer of $400 is non-refundable and reserves the date and time for the Photography Session. Payment or payment plans for product orders shall be submitted to Photographer on the day of the in-person viewing. No products shall be delivered until the entire amount is paid in full.
SESSION FEE/RETAINER
The client understands that the session fee retainer of $400 is non-refundable and reserves the date and time for the Photography Session. Payment or payment plans for product orders shall be submitted to Photographer on the day of the in-person viewing. No products shall be delivered until the entire amount is paid in full.
CANCELLATION
Outrageous Boudoir agrees to reserve and not make any other reservations or accept any other clients for the time, and duration listed above 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 Outrageous Boudoir, in order to offset its loss of business. In all circumstances, all sales are final and all payments are non-refundable.
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 two weeks before the Session Date, and (2) the Photography Session is rescheduled to a date no later than 60 days after the Session Date on another session scheduled by the photographer. If the Client provides less than two weeks' notice, the Client forfeits $400 of fees paid. If the 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.
LATE ARRIVALS
If the 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 Outrageous Boudoir. Any excessive "changing wardrobe" time is also taken out of the session time.
DISCRIMINATION
The client understands that the session is shot in an in-home studio. The client also understands that the photographer is not held responsible for refunding them if they show up and leave after examining to props, and/or home/neighborhood. The client agrees if they ask for a refund this will not be granted due to discrimination of the business location that is out of the photographer's hands. Sessions held at Air BnB's that are canceled by the client understands that it will be rescheduled for the in-home studio.
COOPERATION/NO SHOWS
The photographer is not responsible if the Client and/or key individuals fail to appear or cooperate during Boudoir Sessions, Viewing & Ordering appointment, or for missed images due to details not revealed to Photographer. If the Client and/or key individuals fail to attend the scheduled sessions the Session Retainer is non-refundable. Your session is an allotted time of one hour. If the client is a no show for their session or their viewing & 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)
CREATIVE CONTROL
Outrageous 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. Outrageous 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 Outrageous Boudoir of any dissatisfaction with her appearance, including but not limited to wardrobe, hair, and makeup, prior to photographs being taken.
USE OF DRUGS
Outrageous Boudoir reserves the right to cancel or stop the Photography Session or otherwise deny services at any time if Outrageous Boudoir believes that the Client is under the influence of an illegal substance.
BODY ALTERATIONS
Outrageous Boudoir reserves the right, at its sole discretion, to cancel the Photography Session and retain the fees paid if the Client has engaged in any Body Alteration within the two weeks prior to the session. A Body Alteration is any modification to the appearance of the body that may affect the outcome of the Photography Session, including but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, and surgeries.
RECORDING DEVICES USE DURING PHOTOGRAPHY SESSION
Outrageous Boudoir prohibits the use of recording devices of any kind during the Photography Session, including but not limited to video cameras, still photography cameras, mobile phone cameras, and sound recorders by anyone not employed or hired by Outrageous Boudoir. Any recordings made during the Photography Session by Client or any party associated with Client must be immediately and permanently destroyed and deleted. Any violation of this provision will result in the cancellation of the Photography Session and forfeiture of all fees paid.
PHOTOGRAPHIC PROOFS
Outrageous 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 Outrageous Boudoir in the form of digital images (“Photographic Images”). The images for the Photographic Proofs shall be selected at the sole discretion of Outrageous Boudoir if the Client is not available for In-Person Viewing. The client will not be given access to images not selected for the Photographic Proofs.
IN-PERSON VIEWING SESSION
Viewing Sessions are held the day after the photo session. Photographic Proofs are made available to the 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 Viewing Session, the Photographic Proofs will be held for 10 days. After 10 days if no order has been placed, all session images will be deleted, NO EXCEPTIONS.
ORDERS
By signing this agreement, the Client understands that they are required to place their order during the ordering session. If the 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 $350 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 a minimum of $350 or pay in full on a final order within 5 business days of the order being placed will result in the order being canceled and images deleted. Once the images are chosen/ submitted 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.
PAYMENT
Full payment/Deposit for the Photography Session is due upon the execution of this Agreement. Full payment for Photographic Images is due when the order for Photographic Images is placed. For the convenience of its clients, however, Outrageous Boudoir may allow for partial deferment of the payment of fees for the Photography Session and Photographic Images. Participation in a deferred payment or an 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.
LATE FEES
Past due payments will accrue a late fee of $5 per day after a 5-day grace period. The client’s failure to remit full payment in a timely manner, however, will result in termination of Outrageous Boudoir obligations under this Agreement. In the event that the Client's payments go 45 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.
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 Outrageous Boudoir. Outrageous Boudoir retains all legal rights, including copyright to the images taken in the Photography Session. The client waives any and all legal rights in the images taken during the Photography Session. Ashley Baker, Outrageous 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 Outrageous 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.
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 Outrageous Boudoir. Client understands and agrees that any reproduction, duplication of any image not purchased or alteration of any images owned or produced by Outrageous Boudoir, including but not limited to Photographic Images AND IMAGES MADE PUBLIC BY Outrageous Boudoir ONLINE, by anyone other than Outrageous Boudoir is strictly prohibited and is a breach of this Agreement and a violation of the legal rights of Outrageous Boudoir. ALL IMAGES created by, Outrageous Boudoir are protected by Oklahoma Copyright Law (all rights reserved) and may not be reproduced in any manner without Ashley Baker’s with Outrageous Boudoir 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 Outrageous 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 the use of the share functions and dissemination of direct links. If Client steals images via any method above or any other method, Client will be charged legal fines and invoiced for the cost of EACH digital image stolen, at Photographer’s current price per image ($225). If the client has any questions regarding copyright and the use of photographs please contact Outrageous Boudoir.
THIRD PARTIES
Outrageous 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.
LIMIT OF LIABILITY
Outrageous 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 Outrageous Boudoir’s control, Outrageous 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 too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date.
INDEMNIFICATION
Outrageous 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. Outrageous 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. The client agrees to defend and indemnify Outrageous Boudoir for any legal claims by third parties resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. The client further agrees to defend and indemnify Outrageous Boudoir for any and all legal claims caused by intentional or negligent acts of the Client.
WEATHER
If it is not possible for a session to take place on a scheduled day due to weather, Photographer and the Client will reschedule on an agreed date at the earliest date possible, with no additional charge. This includes icy/snowy roads and tornadic weather.
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 Oklahoma.
GOVERNING LAW & JURISDICTION
This Agreement shall be governed by the laws of Oklahoma. The parties submit to the exclusive jurisdiction of the courts of that State and Oklahoma 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 another document 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.
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.
I have read and agree to the terms above.
Once your favorite images are selected an album can be created AFTER FULL PAYMENT. Please allow 30 days from choosing your favorites for your album to arrive.