TERMS & CONDITIONS

ONLINE TERMS & CONDITIONS FOR BOUDOIR BY ELISE

In the following terms & conditions “the photographer” or “photography service” shall mean Boudoir By Elise, DBA (CRAZY GRL ART & DESIGN, LLC), owned by Elise Odom. “The clients” shall be those persons defined on the form above. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.

1. COPYRIGHT

i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.  

2. DISPLAY

i. The client(s) hereby allow(s) the photographer to display any photograph covered by the contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, etc.

3. CREATIVE LICENSE, COVERAGE, AND REPRODUCTION

i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients' requirements.

ii. Special requests or verbal requests are not binding instructions, although every effort is made to comply with the client's wishes, requests that are considered special or verbally spoken cannot be held against the photographer in a court of law. The Photographer(s) will do their best to honor all requests and requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability and willingness of subjects.

iii. For a booking involving a special request or location that restricts the photographer's movements, the area from which the photographer is able to cover may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view, should this be the case.

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. Although the professionals on our team are extremely capable and knowledgeable with current photography software, we cannot guarantee the precision of all photographs due to technical issues such as lighting.

v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

vi. Due to each digital file portrait being a ‘work of art’ created by the photographer, it is prohibited for any person(s) to edit, re-edit, or alter, in any way, any photographs produced by the photographer and owner of those copyrighted images. The photographer has the right to take any person(s), who has violated this term, to court.

4. PAYMENT

i. A non-refundable booking fee of $300.00 will confirm your booking, as well as full acceptance of these terms and conditions, as published, here, on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

ii. The final payment (in full) of the remaining balance will be due two weeks after the day of your boudoir session, no photographs will be given to the client until all invoices have been fully paid.

iii. Additional goods ordered must be paid for in full at the time of ordering for your order to be placed. The photographer is not responsible for the cost of products purchased using the images taken by the photographer, and the photographer is not responsible for any extra fees associated with ordering products, such as shipping costs and taxes on the products.

iv. Titles to all photographs and/or videos will remain with the photographer until all services are paid for in full by the client(s), and all physical goods will remain with the Pixieset print shop until those products are paid for in full.

5. FORCE MAJEURE

i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid to the photographer by the client. 

ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to accommodate due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown, etc.

6. DIGITAL NEGATIVE FILES

i. All digital negatives (RAW computer files) remain the property of the photographer. All digital photo packages include a copy of the edited digital files to the client(s) for their own non-commercial use.

ii. Should the digital negative files be lost, damaged, or destroyed for reasons beyond control, the client is entitled to receive a second session (2 hours max). If the client does not wish to retake the images, the photographer's liability shall be limited to a full refund of any fees paid to cover the photographers time, but shall not include a refund for any goods already received, which includes any monies paid to the other professionals on the team (hair and make-up services).

7. ON THE DAY

i. The photographer will be the sole professional photographer at the venues specified. The photographer does however positively encourage family, friends, and other guests to take photographs throughout the day.

ii. The photographer will not take photos “break” times, this may include the time the client is changing, eating, drinking, using the bathroom, etc. If, in the event of a session longer than 2 hours, the photographer is entitled to take a 15-30 minute break after 4 hours.

8. PERSONAL ACCIDENT

i. Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

9. CANCELLATION FEES

i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation: 

ii. Cancellation with more than 3 days to go until the day of your boudoir session, only the booking fee of $300.00 will be applied. 

iii. Canceling with 3 days or less to go until the session date will result in the full price, for the complete photographic coverage booked, to cover the photographer and team of Boudoir By Elise, will be charged to the client(s).

10. DELIVERY

 

i. The photographer will endeavor to deliver the finished, fully edited, digital files as quickly as possible to the client’s personalized mobile app gallery. However, this could take up to 4-6 weeks during busy periods and do not guarantee any work done before this estimated time period.