Terms of Use

Last Updated on Monday, July 15, 2024

These Terms of Use govern the booking, session, products, payments, and other conditions when you engage with THE BOUDOIR EXPERIENCE. By booking a session or using our services, you agree to these terms.

Booking Process

Upon acceptance of these terms and payment of the session fee, THE BOUDOIR EXPERIENCE will reserve the agreed-upon date and time. The session fee and minimum purchase are non-refundable and earned at booking, reflecting the photographer’s time, experience, and inability to book other clients during that period.

Digital Files & Products

  • Digital files and products are not included in the session fee but can be purchased during the ordering session.

  • A watermarked online gallery of purchased images will be provided once payment is made in full. No watermarked galleries are sent without payment.

  • The Client acknowledges that photo products may fade or discolor due to the nature of dyes, and THE BOUDOIR EXPERIENCE is not liable for such changes.

Minimum Purchase & Pricing

  • A $400 minimum purchase is required for all sessions, including those booked during sales or with print credits.

  • Most clients spend between $1,000–$2,000, though spending may vary.

  • All orders reflect the current price list at the time of ordering, not at booking.

  • It is the Client’s responsibility to ask questions about product costs before booking.

Print Credit

  • Print credits may only be used for collections and not for a la carte items.

  • The Client must meet the $400 minimum purchase out-of-pocket before applying a print credit.

    • Example: With a $750 print credit, the subtotal must reach $1,150 to use the full credit.

Exclusivity

THE BOUDOIR EXPERIENCE is the exclusive photographer for the booked session. No other photographers are permitted.

Pre-Session Creative Consultation

The Client agrees to a pre-session consultation via phone to discuss expectations and styling. This consultation does not modify the agreement. Some images may not be feasible, and the studio is not liable for unmet requests.

Artistic Style

The Client acknowledges the photographer’s creative discretion in styling, posing, lighting, and editing. The images may differ from prior work, and personal preferences will not be grounds for rejecting images. The Client remains responsible for the $400 minimum purchase.

Hair & Makeup

  • Clients must request any desired changes to hair or makeup before leaving the makeup chair.

  • The studio offers limited retouching for minor corrections but is not responsible for adjustments that could have been made in person.

Attendance

For the safety and comfort of all parties, only the Client may attend the session. Guests are not permitted.

Lost Personal Items

THE BOUDOIR EXPERIENCE is not responsible for personal belongings left behind. Clients must check for their items before leaving.

Ordering Session & Copyright

  • Ordering sessions are held via Zoom within one week of the session.

  • Screenshotting or copying images during the ordering session constitutes theft of property and will result in a $250 fine per image.

  • The studio will pursue legal action for copyright violations.

Final Sale & Refunds

All sales are final and non-refundable. Orders cannot be returned or exchanged, though the Client can add to the order within one year.

Payment Terms & Late Fees

  • Payment for products is due at the ordering session unless a payment plan is arranged.

  • Payment plans require two credit cards on file. A $25/day late fee will be applied for missed payments. Products will not be released until the balance and late fees are paid in full.

Proof Approvals & Order Errors

  • Clients must approve proofs within 48 hours. If no response is given, the proof is considered approved.

  • Errors noticed after approval are the Client’s responsibility, and replacements will cost 50% of the original price.

  • Errors caused by the studio will be corrected at no cost, but the incorrect product must be returned.

Lost Items in Transit

The studio is not responsible for items lost by USPS, UPS, FedEx, or due to incorrect addresses.

Rescheduling by Client

  • Clients may reschedule once with 15+ days' notice, provided the new date is within 6 months of the original booking.

  • Rescheduling within 14 days incurs a $150 fee. Rescheduling within 24 hours incurs a $299 fee.

  • Failure to pay the rescheduling fee within 48 hours will be considered a cancellation, and the cancellation policy will apply.

Cancellation by Client

If the Client cancels, the session fee and $400 minimum purchase are non-refundable and due immediately. These payments act as liquidated damages due to the unfilled booking. Payments made can be applied toward a new session within 6 months.

Rescheduling & Termination by the Studio

  • The studio may reschedule sessions with 15 days' notice.

  • If a substitute photographer is required, the studio will provide one of comparable quality. Substitution does not warrant a refund.

  • If the session is canceled by the studio (except due to client behavior), all monies will be refunded, minus the value of any products already provided.

Cheerful Cooperation & Safe Environment

  • The Client agrees to respectful cooperation before, during, and after the session.

  • Any behavior deemed harassing or disrespectful will result in termination of the session, with no refunds, and all images will be destroyed.

Sale Sessions

  • Sale session dates cannot be rescheduled beyond the designated sale period (e.g., if booked in July for August-November, rescheduling must occur within those months).

  • Canceling a sale session forfeits the special offer, but the amount paid will remain as credit for 6 months.

Privacy & Model Release

The Client’s images are kept private unless the Client signs a Model Release allowing their use for marketing.

  • If permission is revoked, the studio will remove the images from its platforms, but cannot guarantee removal from third-party sources.

Limit of Liability

If the studio fails to meet its obligations, liability is limited to a refund or a rescheduled session. The studio is not liable for missing specific shots or data loss, but a new session will be provided at no cost.

Unpredictable Events

Neither party is liable for delays caused by unpredictable events, including:

  • Acts of God or natural disasters

  • Pandemics, strikes, or government restrictions

  • Accidents or transportation issues

Affected sessions can be rescheduled without fees. If the Client cancels due to such events, the cancellation policy still applies, including the $400 minimum purchase.

Miscellaneous

  • Entire Agreement: This agreement constitutes the entire contract between the parties.

  • Modifications: Any changes must be made in writing.

  • Governing Law: This agreement is governed by the laws of Louisiana.

  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

By booking with THE BOUDOIR EXPERIENCE, you agree to these Terms of Use. For questions, please contact us at yourboudoirexperience@gmail.com.

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