Terms and Conditions
This agreement contains the entire understanding between Touch of Boudoir and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
--Change of Date or Venue--
Touch of Boudoir must be notified immediately for requests to changes in schedule or location, at least two weeks prior to the scheduled date of event. Rescheduling with in 14 days of the event will result in a $250 rescheduling fee. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by Touch of Boudoir in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7-14 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify Touch of Boudoir. Touch of Boudoir kindly asks that the Client get in touch with Touch of Boudoir two weeks prior to the date of the event in order to touch base and go over last-minute details. Touch of Boudoir will make every effort to contact the Client, but it is the Client’s responsibility to contact Touch of Boudoir to confirm all events and times.
A retainer fee of 50% is required for all portrait sessions, unless a payment plan has been arranged.
This is a non-refundable retainer. In the event of cancellation, the retainer or payment installs paid is non-refundable. It shall be liquidated for damages to Touch of Boudoir in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid in full 48 hours prior the day of event. If final payment is not received, Touch of Boudoir will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is canceled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that Touch of Boudoir will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and Touch of Boudoir. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Touch of Boudoir of the cancellation. Cancellation Due to COVID-19 will result in a rescheduled shoot; positive Covid test must be provided. Cancellation must be in writing even if a phone call was made to inform Touch of Boudoir of the cancellation.
--Failure to Perform--
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, Touch of Boudoir cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. Touch of Boudoir is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. Touch of Boudoir is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Touch of Boudoir will be used for organizational purposes only and in no way represent photography that will actually be produced. Touch of Boudoir will do its best to fulfill all requests but can make no guarantees all images will be delivered. Touch of Boudoir recommends that the Client point out important individuals for informal or candid photographs to Touch of Boudoir during portrait shooting that they wish to have photographed. Touch of Boudoir will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. Touch of Boudoir is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Touch of Boudoir.
Clients are responsible for all location fees and permits.
Title (possession) of and copyright to all products shall remain with Touch of Boudoir. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by Touch of Boudoir and/or subcontractor(s) remain the property of Touch of Boudoir. It is illegal to alter, copy, scan, reproduce, or post online in forums or elsewhere without the written permission of Touch of Boudoir. Violators of this federal law will be subject to its civil and criminal penalties.
Touch of Boudoir retains the copyright to all images produced by Touch of Boudoir and/or Touch of Boudoir’ subcontractors. All printing must be ordered through Touch of Boudoir. The client understands the images given on CD/DVD/USB cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by Touch of Boudoir.
Touch of Boudoir and/or any photographers hired by Touch of Boudoir to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with Touch of Boudoir’ duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to Touch of Boudoir and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
Touch of Boudoir cannot be held responsible for damage to Garments due to environmental events.
Images are edited at Touch of Boudoir’ discretion, and delivered prints may not include all images shot. Touch of Boudoir reserves the creative rights to edit and release only those images deemed credible as professional in quality and within Touch of Boudoir’ artistic standards.
If Touch of Boudoir or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then Touch of Boudoir shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost
through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of Touch of Boudoir. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.