Please take a moment to read over the following Policies & Contract
Client understands that the session fee retainer of $195 is non-refundable and reserves the date and time for the Photography Session. Payment for packages shall be submitted to Photographer on the day of the photo shoot. No products shall be delivered until the entire amount is paid in full.
Exotic Desire Boudoir agrees to reserve and not make any other reservations or accept any other clients for the date, time, and duration listed organised with the client. For this reason, in the event that CLIENT BREACHES, REPUDIATES OR CANCELS the contract for any reason, all monies paid shall be retained by Exotic Desire Boudoir, in order to offset its loss of business. In all circumstances, all sales are final and all payments are non-refundable.
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 2 days before the Session Date; and (2) the Photography Session is rescheduled to a date no later than 30 days after the Session Date. If Client provides less than 2 days notice, Client forfeits $195 of fees paid. Client will be charged $195 upon rescheduling. If reschedule date is more than 30 days from 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.
If Client arrives late to the Photograph Session, the Photography Session will end at the scheduled time. If Client is more than 30 minutes late for the Photography Session, the Photography Session will be considered cancelled and all fees will be retained by Exotic Desire Boudoir. Any excessive "changing wardrobe" time is also taken out of the session time.
Photographer is not responsible if 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 Client and/or key individuals fail to attend to the scheduled sessions the Session Retainer is non-refundable. Your session is an allotted time of two hours unless stated otherwise. If client is a no show for their session or their viewing & ordering appointment, all monies paid is forfeited and there will be no available options to reschedule (unless the reason for no show, no call was an emergency).
Exotic Desire Boudoir retains creative control of the Photography Session in its entirety, including but not limited to, the adjustment of hair, makeup, jewellery, clothing, props, and sets. Exotic Desire 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 Exotic Desire Boudoir of any dissatisfaction with her appearance, including but not limited to wardrobe, hair, and makeup, prior to photographs being taken.
HAIR AND MAKEUP
Client agrees to release and hold harmless Exotic Desire Boudoir for any services rendered or products applied by any stylist, hair and makeup artist, or other independent contractor during the Photography Session. This includes, but is not limited to, allergic reactions or injuries resulting from the techniques or products used. Client agrees to notify Exotic Desire Boudoir along with any stylist, hair and makeup artist, or other independent contractor used during the Photography Session of any and all allergies prior to the Photography Session.
USE OF DRUGS
Exotic Desire Boudoir reserves the right to cancel or stop the Photography Session or otherwise deny services at any time if Exotic Desire Boudoir believes that Client is under the influence of an illegal substance.
RECORDING DEVICE USE DURING PHOTOGRAPHY SESSION
Exotic Desire 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 Exotic Desire 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 cancellation of the Photography Session and forfeiture of all fees paid.
Exotic Desire 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 Exotic Desire Boudoir in the form of digital images (“Photographic Images”). The images for the Photographic Proofs shall be selected at the sole discretion of Exotic Desire Boudoir. Client will not be given access to images not selected for the Photographic Proofs.
IN PERSON VIEWING SESSION
Viewing Sessions can be held immediately after the photo session or online through our client gallery. Photographic Proofs are made available to 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 seven days. After seven days if no order has been placed, all session images will be deleted, NO EXCEPTIONS.
Full payment 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, Exotic Desire Boudoir may allow for partial deferment of the payment of fees for the Photography Session and Photographic Images. Participation in a deferred payment or instalment 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.
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 Exotic Desire Boudoir. Exotic Desire Boudoir retains all legal rights, including copyright to the images taken in the Photography Session. Client waives any and all legal rights in the images taken during the Photography Session. Exotic Desire 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 the staff of Exotic Desire 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.
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 Exotic Desire Boudoir. Client understands and agrees that any reproduction, duplication of any image not purchased or alteration of any images owned or produced by Exotic Desire Boudoir, including but not limited to Photographic Images AND IMAGES MADE PUBLIC BY Exotic Desire Boudoir ONLINE, by anyone other than Exotic Desire Boudoir is strictly prohibited and is a breach of this Agreement and a violation of the legal rights of Exotic Desire Boudoir. ALL IMAGES created by, Exotic Desire Boudoir are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Exotic Desire Boudoir’s written permission. It is illegal to copy, scan, download (unless digital gallery was purchased), screenshot, print, modify, re-produce, re-edit, add any filters, convert to black and white or otherwise steal any image created by Exotic Desire 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 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. If client has any questions regarding copyright and the use of photographs please contact Exotic Desire Boudoir.
Exotic Desire 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 in to default on payments and goes to a collection agency.
LIMIT OF LIABILITY
Exotic Desire 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 Exotic Desire Boudoir‘s control, Exotic Desire 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 to ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date.
Exotic Desire Boudoir shall be held harmless for any and all injury to client during the course of the Photography Session or any injury on or near the premises before, during, and after Photography Session. Exotic Desire 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. Client agrees to defend and indemnify Exotic Desire Boudoir 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 Exotic Desire Boudoir for any and all legal claims caused by intentional or negligent acts of the Client.
If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
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 the Northern Territory, Australia.
GOVERNING LAW & JURISDICTION
This Agreement shall be governed by the laws of the Northern Territory, Australia. The parties submit to the exclusive jurisdiction of the courts of that State and Australia 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 other 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.
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.