PLEASE CAREFULLY READ THIS DOCUMENT, THEN SIGN IT AT THE BOTTOM OF THIS PAGE TO INDICATE YOU’VE READ AND AGREE TO FOLLOW THESE POLICIES. BY PAYING THE SESSION FEE, YOU AGREE TO THESE TERMS AND CONDITIONS.
THIS IS AN AGREEMENT BETWEEN CHERRY TREE BOUDOIR (“WE” AND “OUR”), AND THE CLIENT SIGNING THE DOCUMENT (“YOU” AND “YOUR”).
BOOKING YOUR APPOINTMENT
A signed contract and retainer fee are required to reserve the date and time of your session. An individual client will pay to the Photographer the sum of $99 for her time, talent, etc. To hold your date and reserve your shooting space, you agree to pay the session retainer fee. The session fee is a non-refundable reservation fee as well as retainer to hold your session date. We do not hold session dates and times until we have received the session fee paid in full. You agree that once we’ve executed this agreement, we will not book other sessions at your date and time.
FORMS OF PAYMENT
We accept payment by credit card and cash. There are no refunds for gift cards.
BOUDOIR SESSION CONDUCT
You are booking a boudoir session. That means you will be photographed and posed in provocative ways. There will be absolutely no sexual activity allowed during your session. If any sexual activity occurs, your session will be terminated immediately and you will forfeit your session fee with no opportunity for rescheduling.
It is likely that our team will touch you to adjust your clothing, body, and hair or to direct a pose. You must be 18 years old to do a boudoir session, ID may be checked at any time.
Client agrees that no cameras, cell phone cameras, or any type of recording device will be allowed during the session. Client will not bring any children under the age of 18 to any meeting with us.
CANCELLATION, RESCHEDULING & NO SHOWS
Client agrees to be on time for session and acknowledges that lateness will affect the session by shortening the time of shooting thus affecting the number of deliverable images.
If you RESCHEDULE or CANCEL your boudoir portrait session or FAIL TO ATTEND your session for any reason and at any time, we will suffer losses that are difficult to ascertain. For that reason, if you reschedule your appointment within 7 days of your session time, cancel it outright or fail to attend, you will forfeit your reservation/ session fee. This fee is paid to us as liquidated damages and not as a penalty.
You and our team agree that the stated below are reasonable. If you let us know that you need to reschedule your session at least 7 days before your scheduled time, you may apply your reservation to your new session date if:
•You schedule your new date within 24 hours of telling us you wish to reschedule, and
•Your new date falls within 90 days of your original date, and it is your first time rescheduling your boudoir session. You may only reschedule one time.
•If you do not meet all of these conditions, you forfeit your reservation fee. Your reservation fee is not transferable.
If applicable you will be responsible for new travel arrangements for the photographer.
Photographer reserves the right to reschedule due to illness, acts of God, or other circumstances beyond their control.
When applicable, you are responsible for all travel, accommodation, and transport costs.
You are responsible for arranging for the photographer and you to be together for your session. Transportation costs and arrangements must be made for the photographer to go to your chosen shoot location and to return (round trip). Photographer will not be responsible for air or ground transportation from airport to shooting location.
New Studio Policies and Current Pricing: If you reschedule your session, you will be held to the Studio Policies and Product and Pricing Guide that is current at the time of your rescheduling.
HAIR AND MAKE UP & WARDROBE SERVICES
Hair and make up services are encouraged at your own expense and are not included with any boudoir session.
While our team does our best to style everyone in the photographs in an attractive manner, you are ultimately responsible for choices in wardrobe, makeup and hairstyle. No refunds or re-shoots are available if you dislike your styling in your final photographs.
You are responsible for providing a shooting space. You agree that the environment that you choose could have a direct impact on the quality of your photos. You are liable for the space should any damages arise that are not the responsibility of the photographer. If you choose to rent a space you are responsible for ensuring that the owner is aware of the business to take place.
Copyright is a form of protection, authorized by the United States Constitution, that gives photographers, artists, authors, musicians, choreographers, and architects the exclusive right to use and reproduce their works. Essentially, all original works can be copyrighted. This includes photographs, art works, sculpture, writings, and computer software. Virtually all works created or first published after January 1, 1978 are protected by copyright. Many works created prior to 1978 are also protected.
The Copyright Act is federal law, not state law. Consequently, the law is uniform throughout the United States. Also, since the United States has signed several international copyright agreements, copyright protection is effective essentially all over the world.
Generally, owners of copyright have the exclusive right to use and copy their works. Copyright owners can also authorize others to use their works. Copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied.
The use or copying of any work without permission from the owner of the copyright is a violation of the United States Copyright Act.
Copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied. Photographer owns the copyright to all images whether digital, video, printed or otherwise created or displayed in any medium or format.
Photographer is the author of all photographic work generated during the course of business whether a client pays for work, receives work without charge, or models for or volunteers to model for Photographer.
All photographs produced during your photography session are protected by US Copyright Law. We are the sole owner and copyright holder of every image taken under this contract. Any unauthorized use of the photographs we make during your portrait session will be prosecuted to the full extent of the law. Please note that any reproduction of our work, including taking screenshots or photos of finished items, is a violation of Copyright Law. Please note that any unauthorized altering and display of our work without our express written permission is in violation of Copyright Law.
DIGITAL IMAGES & LIMITED — USE RELEASE
When you purchase digital images, you receive a limited use release. Your release will be included with your purchased images. Unless you purchase, or we grant you, a separate commercial use license, your photos are for PERSONAL USE ONLY. If you purchase one of our digital image packages and decide to post any of the photos online, we appreciate photo credit (“Cherry Tree Boudoir”), and a link to our website (http:// www.cherrytreeboudoir.com). Please note that, other than cropping to fit specific social media photo dimensions or print photo dimensions, you may not change your photograph in any way, including but not limited to: changing the color, adding or subtracting elements or re-editing.
•Post the web-sized images online, including on Facebook and any personal blog or website.
•Print images in any manner you wish (prints, canvases, albums).
•Pin the web-sized images on Pinterest with the following identification in the comment: Photo by Cherry Tree Boudoir, Traveling Boudoir Photographer,
•Enter the photos into a contest.
•Sell the photos to a third party or make a profit from them.
•Use them in any commercial project, including but not limited to: business websites, and blogs that receive advertising revenue WITHOUT MY EXPRESS WRITTEN PERMISSION IN A COMMERCIAL — USE LICENSE.
•Post any photo online without the studio watermark without my express written permission.
•Alter the photos in any way, including cropping (except when a social media website automatically crops an image), changing colors, adding or subtracting elements.
•Post screenshots or reproductions of any kind of our work on the Internet, including screen captures from album proofs or scans of album photographs.
•Scan any printed photos for any purpose, including printing additional copies or posting online.
•Print any photo that is sized for web use only.
Please request any changes that you require during your ordering session so that we can provide you with exactly what you want to avoid any concerns with alterations and edits.
LIMIT OF LIABILITY
We will make every effort to provide high-quality photography services. We take 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, destroyed for reasons beyond our control, we will photograph you again if possible.
If a re-shoot is not possible, our liability is limited to the return of all payments you’ve made to us, including the session/reservation fee. The limit of liability shall not exceed payments made by you.
MODEL RELEASE, PHOTO — USE IN MARKETING & ADVERTISING
The number of images and specific images presented is at our discretion.
PHOTO EDITING & RETOUCHING
Every photo you are presented will be corrected for exposure, white balance, sharpness, brightness and contrast. Your photographs will also be edited for skin smoothness, removing blemishes and other minor cosmetic changes. We will deliver photos that are edited to the best of our ability. Some types of retouching may incur an additional charge, including but not limited to:
•Removal of tattoos
•Fixing tan lines
•Color-correcting fake tans
•Correcting ill-fitting clothing
•If you request additional retouching at your gallery reveal + ordering session or when viewing your album proof, you may incur a charge of $25 per image, per round of edits, at our discretion.
We do not release unedited or RAW images. We do not do extreme body reshaping, hair color editing, or major wardrobe changes (example: wrinkled satin lingerie, outgrown roots, or blatantly false representations of your person.)
ORDERING SESSION & PAYING FOR PRODUCTS
Your ordering session will take place at your reveal the same day as your photo session. The ordering session is your opportunity to purchase your images. All decision makers must attend this session. Because of the sensitive nature of your photographs, we do not post online galleries. If you choose not to place an order at this appointment, your photos will be deleted within 24 hours.
Payment for all products you order is due in full at your ordering session unless you have opted into an installment plan. We order products only after they are paid in full. A second ordering session is $100.
We do not use any online ordering technology, gallery viewing, etc. for boudoir portraits. Due to the custom nature of our products, no refunds, returns, or order cancellations are available once you have placed your order.
In-House Payment Plan: At our discretion, we may allow your order to be paid in installments. Your first installment of 30% of your order total (including sales tax and fees) is due at your ordering session. Our in- house installment plan can be spread out over as many as twelve (12) months. Any order total over $1,500 is eligible to spread out over six (6) months. Any order total over $3,000 is eligible to spread out over twelve (12) months. We do not design or order products until the entire order is paid in full. Installment plan arrangements will be agreed to in a separate contract
PRODUCT DELIVERY, RUSH ORDERING & SHIPPING
Digital photographs: Digital photographs are delivered on a custom flash drive. Please back up your photos immediately and keep them safe for future use.
Product orders: We will order your products within 3 business days of your gallery reveal and ordering appointment or paid in full invoice. It could take up to 2 weeks for product delivery. We will contact you immediately when your order arrives.
Rush & administrative fees: If you need to receive your products faster, please tell us at your gallery reveal and ordering session. You may pay a rush fee on editing, albums, prints and canvases, plus charges for expedited or upgraded shipping, and any administrative fee.
International shipping: Domestic US shipping is included in the price of your products. Shipping outside of the contiguous United States is figured on a case-by-case basis. We’ll charge you what our lab (or FedEx/UPS/USPS) charges for the additional shipping.
LIMIT OF FILE STORAGE
We typically keep the edited full-resolution images presented to you in your gallery for 3 months following delivery, unless you fail to order on your reveal day, in which case there are no edited full-resolution photos. We may delete, destroy or erase them at any time and without notice. We recommend that you create multiple backup copies of any digital products and store them in a secure place.
You are booking this session of your own free will.
This agreement between Cherry Tree Boudoir, and the client, named below is governed by the laws of the State of South Dakota. Any disputes will be handled through arbitration.
I have read and accept the terms and conditions stated above. I am legally allowed to enter into binding contracts. I authorize this contract to be valid approval for photography sessions without additional signed contracts or written authorization.
I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and as
I'm a paragraph. Click here to add your own text and edit me. It's easy.