Terms of Service

1. RETAINER AND PAYMENT. The Client shall make a non-refundable
retainer in the amount of $300 for the Photographer of Glamour and Boudoir By Hall
Photography (the “Photographer”) to perform the services specified herein.
Upon payment, Photographer will reserve the time and date agreed upon
by both parties. Client agrees that this retainer is earned by Glamour and Boudoir By Hall
Photography when paid, and is remitted in consideration of the
experience, reputation, skill of Photographer and in consideration of
the inability of Photographer to schedule other clients during this time.
Client understands that product orders for photograph collections, made
during the in-person or online product session, begin at a price of $795. For a
discounted price, Client may submit a payment of $[PRICE] to Glamour and Boudoir By Hall
Photography prior to the commencement of the Photography Session as
prepayment for photograph collections product orders (“Prepayment
Orders”). Prepayment Orders are non-refundable and in addition to the
$300 retainer for the photoshoot. All sales are final and returns for refund
or exchange will not be accepted.
Except for Prepayment Orders, payment for product orders shall
be submitted to Glamour and Boudoir By Hall at the time of the order, whether via
in-person or product session.
Any payment plan agreements agreed to by Glamour and Boudoir By Hall and Client
shall be included as an addendum to this Agreement. If payment is not made
in full by according to such payment plan agreement, interest shall accrue at
a rate of 10% per annum. No products shall be delivered until the entire
amount is paid in full.
2. ADDITIONAL TRAVEL FEES. Photographer will not travel outside of
Carthage, NY to provide the Photography Session unless there is an addendum
to this Agreement providing for additional payment to Glamour and Boudoir By Hall
for costs of travel.
3. CANCELLATION. Glamour and Boudoir By Hall 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 performance of the services listed above
(the “Photography Session”). For this reason, in the event that CLIENT
breaches, repudiates, or cancels this Agreement for any reason, all monies
paid shall be retained by Glamour and Boudoir By Hall, in order to offset its loss of
business. In all circumstances, all sales are final and all payments are
non-refundable.
4. RESCHEDULING. In the event that Client requests to reschedule the
Session Date, the retainer shall be applied to a mutually agreed upon
rescheduled session date and time if written notice is given to Glamour and Boudoir By Hall
Photography at least 7 days prior to the Session Date. If Client provides less
than 7 days’ notice, Client forfeits $150.00 of fees paid (Client will be charged
$150.00 upon rescheduling). Reschedule must be within the same calendar
year.
5. LATE ARRIVALS/NO SHOWS. If a Client is late arriving to the
Photography Session, the amount of time late will be deducted from the time
allotted for the Session Date. Clients shall not be compensated for the time
deducted from the Photography Session due to the late arrival of the
Client. If Client fails to arrive to the Photography Session within the allotted
time for the Session Date, all monies paid is forfeited and there will be no
available options to reschedule (unless, under Glamour and Boudoir By Hall
discretion, the reason for Client’s no show was an emergency).
6. COMPLETION SCHEDULE. Completion schedules and delivery of
products shall be determined from the date of final approval by Client.
Third-party manufacturing laboratories are utilized for products and may
provide restrictions on an order not outlined in this agreement.
- Albums shall take 4 weeks from date of final design approval by Client
to be received by the Photographer.
- Canvas shall take 4 weeks from the date of final approval by Client to
be received by the Photographer.
Client should place orders with sufficient time to allow for normal delays and
notify Glamour and Boudoir By Hall at the time of the order if there are any extenuating
circumstances requiring a quicker turnaround. An expedited fee of $200 shall
be applied to expedited product requests. Glamour and Boudoir By Hall not be
held responsible for delivery delays due to the fault of manufacturing
and/or delivery service.
7. USE OF INDEPENDENT CONTRACTOR. In the event Glamour and Boudoir By Hall
furnishes a hair and/or makeup artist, Glamour and Boudoir By Hall is not liable for
any application or services by this independent contractor. Client agrees to
release and hold harmless Glamour and Boudoir By Hall for any services rendered or
products applied by any stylist, hair and makeup artist, or other independent
contractor during the Session. This includes but is not limited to allergies as a
result of the use of the products by the independent contractor. Client agrees
to notify Glamour and Boudoir By Hall along with any stylist, hair and makeup artist,
or other independent contractor used during the Session of any and all
allergies prior to the Session.
8. USE OF ALCOHOL/DRUGS. The use of alcohol by Client IS or IS
NOT permitted during the Photography Session. Client understands that
consumption of alcohol prior to and/or during the session may negatively
impact the results of the images. Glamour and Boudoir By Hall reserves the right to
cancel or stop the Photography Session or otherwise deny services at any
time if Glamour and Boudoir By Hall believes that Client is under the influence of an
illegal substance or overly intoxicated from alcohol use.
9. CREATIVE CONTROL. Photographer retains creative control of the
session. This control is including but not limited to the adjustment of hair,
makeup, jewelry, clothing, and clothing straps.
10. BODY ALTERATIONS. In order to preserve creative control, Glamour and Boudoir By Hall
Photography retains the right to cancel the Photography Session and retain
the retainer amount and any travel fees if Client has engaged in any body
alterations within two weeks of the Session. Body alterations are including,
but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries,
etc.
11. AGE OF CONSENT. Client acknowledges that Client is age 18 years or
older and of legal age to participate in a boudoir photography session. Client
understands the Photography Session includes nudity and that Client will be
photographed wearing little and/or no clothing. Client is signing this
Agreement in full competency, without being coerced, influenced and of his/
her own free will.
12. LEVEL OF NUDITY. Client agrees that the level of nudity Client shows
during the Photography Session is at Client’s own discretion. Client agrees
that Client will not do anything Client is uncomfortable with and will notify
the Photographer immediately if Client is uncomfortable with a certain level
of nudity or a pose.
13. ARTISTIC RIGHTS. Glamour and Boudoir By Hall retains the right of discretion
in selecting the photographic materials released to Client. Client shall
receive a gallery of no less than 45 photographs to select from and shall not
receive any photographic materials not presented to Client. Glamour and Boudoir By Hall
Photography also retains the right to make adjustments to the photographs in
post-processing as Photographer deems within their creative control.
14. PHOTOGRAPHIC MATERIALS. All photographic materials, including but
not limited to negatives, transparencies, proofs, and previews, shall be the
exclusive property of Glamour and Boudoir By Hall. All orders must be placed within
the outlined schedules within this agreement. No products, including digital
files,
will be released until the agreed upon amount is paid in full per the payment
schedule outlined in this agreement.
15. ONLINE PRODUCT SESSIONS: Glamour and Boudoir By Hall shall host a screen
sharing to show proofs. These proofs shall be available to the Client within
2 weeks of the photographic event. All orders shall be placed during the online
consultation. All sales are final and returns for refund or exchange will not be
accepted.
17. COPYRIGHT AND REPRODUCTIONS. All products produced under this
Agreement are protected by US Copyright Law. Glamour and Boudoir By Hall shall own
the copyright in all images created under this Agreement. If Glamour and Boudoir By Hall
Photography desires to use, publish, display, and/or sell any image, Glamour and Boudoir By Hall
Photography shall not do so without first obtaining a Model Release, signed by
the Client stating the release of Client's images. If 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 Glamour and Boudoir By Hall and Client. If Glamour and Boudoir By Hall
Photography desires to make other uses of the images outside of uses stated in
the Model Release, Glamour and Boudoir By Hall shall not do so without first obtaining
the written permission of the Client. The Model Release is a separate
document Client will sign giving consent or declining consent at the
Photography Session.
It is understood that any duplication or alteration of original images, without
the written permission of Glamour and Boudoir By Hall, is strictly prohibited under
Title 17, section 102 of the United States Code. Alterations include, but are not
limited to, application of filters, cropping, or modifications of any kind. Up
North Photography does provide the Client permission to resize photographs for
Internet-based usage.
18. CLIENT USAGE. Client shall only use the photographic prints, including
digital files, in accordance with the permissions within this agreement. Client’s
prints are for personal use only and shall not be submitted to contests or used
for any commercial use without express written consent from Glamour and Boudoir By Hall
Photography. Further, Client shall not authorize reproductions by nonpurchasers
covered within this Agreement. Additional prints and/or digital
files may be purchased from third parties or Glamour and Boudoir By Hall.
Accordingly, if Glamour and Boudoir By Hall provides a digital file print release, Client
must act in accordance with the release.
19. SOCIAL MEDIA. Client may share web/blog post links and social media
albums through use of the share functions and dissemination of direct links.
Client shall not copy, download, screen shot, or capture the photographs in
any other fashion. Client shall identify the “COPYRIGHT Glamour and Boudoir By Hall
Photography” in the caption of all photographs uploaded to social media
websites and profiles.
20. FAILURE TO PERFORM. If Glamour and Boudoir By Hall is unable to perform the
services under this Agreement due to illness, emergency, fire, casualty, strike,
an act of God or causes beyond the control of Glamour and Boudoir By Hall, Glamour and Boudoir By Hall
Photography and Client shall make every attempt to reschedule the
Photography Session. If a reschedule is unable to be agreed upon, Glamour and Boudoir By Hall
Photography shall return the retainer to Client and shall have no further
liability. Further, if Glamour and Boudoir By Hall is unable to deliver photographic
materials due to technological malfunctions, including but not limited to,
camera and processing, or otherwise lost or damaged without fault of Up
North Photography, Glamour and Boudoir By Hall’s liability shall be limited to the return
of all monies paid to Glamour and Boudoir By Hall by Client. 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.
21. STANDARD PRICE LIST. The charges in this Agreement are based on the
Glamour and Boudoir By Hall Standard Price List. This price list is adjusted periodically
and future orders shall be charged at the prices in effect at the time when the
order is placed, subject to prior notice to Client.
22. ARBITRATION. Any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, shall be settled by arbitration, administered
in accordance with the Commercial Arbitration Rules of the American
Arbitration Association, administered by a licensed Arbitrator in the
jurisdiction closest to Intimate Visuals office and the arbitration award may be
entered for judgment in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may refuse to arbitrate when the
dispute is for a sum less than $550. In no event shall an award in an
arbitration initiated under this clause exceed the contracted price of the
controversy in dispute.
21. INDEMNIFICATION. Glamour and Boudoir By Hall shall be held harmless for any
and all injury to Client during the course of the Photography Session and the
immediately surrounding events. Glamour and Boudoir By Hall 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 Glamour and Boudoir By Hall 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 Glamour and Boudoir By Hall for any and all legal claims caused by
intentional or negligent acts of Client.
22. ENTIRE AGREEMENT. This Agreement incorporates the entire
understanding of the parties. Any modifications of this Agreement must be in
writing and signed by both parties.
23. WAIVER. Any waiver of a breach or default of this Agreement shall not be
deemed a continuing waiver or a waiver of any subsequent breach or default
of either the same provision or any other provision of this Agreement.
24. GOVERNING LAW. This Agreement shall be governed by the laws of the
State of New York.
25. ATTORNEY’S FEES. If either party to this Agreement brings a legal action,
including, but not limited to litigation or arbitration, against the other party to
this Agreement to secure the specific performance of this Agreement, collect
damages for breach of this Agreement, or otherwise enforce or interpret this
Agreement, the prevailing party shall recover reasonable attorney’s fees and
all costs, fees, and other expenses expended or incurred in the action in
addition to any other relief that may be awarded.
26. CONSTRUCTION. Any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not apply in interpreting this
Agreement. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
27. 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.