Our contract is important to finalize your boudoir experience!

Please read carefully.

Session Retainer and Payment

The Client shall make a nonrefundable retainer in the amount of $250 (normally $500 without the 50% discount) for the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Payment for product orders shall be submitted to Photographer on the day of the in-person viewing.

Pre-payments plans or collections paid in full are required to access the discounted session fee pricing. Failure to do so will result in being charged the remainder $250 of the $500 session fee. Pre-payment plans (or paying in full) must be set up within 10 days of booking a session.

All session fees, pre-session payments, and product orders are non-refundable.

Any payment plan agreements agreed to by Photographer and Client shall be included as an addendum to this agreement. A late payment fee of $25 shall be applied to the late payment amount in accordance with the payment plan agreement. A $25 fee will also be applied if there is a returned check or declined card when payments are ran. No products shall be delivered until the entire amount is paid in full.

Orders shall be picked up from the Evansville, IN studio. Otherwise, a shipping or delivery fee will apply.

Rescheduling

In the event that the Client requests to reschedule a photographic event with less than a 30-day notice, the Client will be charged a $350 rescheduling fee. In the event that the Client requests to reschedule a photographic event with more than a 30-day notice, the Client will be charged a $75 rescheduling fee. Reschedule must be within 90 days of the original date. In the event that the Client requests to reschedule a photographic event more than once, there is a $500 rescheduling fee. If the Client surpasses two reschedules, the Client agrees that the initial contract becomes void, and the initial session fee is forfeited. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. Any cost for location usage will be paid for by the Client.

The Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. at no additional cost to the Client.

Cancellations

If the Client cancels or fails to show, the retainer shall be forfeited and the Client will be charged a $250 cancelation fee. 

Use of Independent Contractor

In the event a Photographer furnishes a hair and/or makeup artist, the Photographer is not liable for any application or services by this independent contractor. This includes, but is not limited to, allergies as a result of the use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.

Use of Alcohol & Drugs

The use of alcohol is permitted on the Photographer’s premises. The Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images. I understand that I must arrive and remain sober and in a clear mind for my session (this includes prescriptions that may cause drowsiness or impaired cognitive functions).

The Photographer offers one complimentary glass of wine during the session. There is more wine for purchase prior to the date of the session, but the Client understands to remain in a clear mind if more wine is purchased for the session.

Weapons

I understand that weapons and are not allowed in the studio (guns, knives, swords, bows, etc.) and that we do not photograph props or costumes.

Body Alterations

The Photographer retains the right to cancel the session and retain the retainer amount if the Client has engaged in anybody alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, braces, altering clothing, removing a sunburn or tan lines, swapping a head, completely changing the background, etc.

Generally speaking for edits, we typically take care of light flyaways, skin softening, light tan lines, and any superficial cuts or bruises. If there are any tattoos, severe tan lines that you would like fixed, it’s typically between $20-$50 per image additionally to remove.
You are entirely in charge of the editing process. It is your responsibility to notify us of any specific areas you would like us to take care of. 

Artistic Rights

The Photographer retains the right of discretion in selecting the photographic materials released to the client.

The Client shall view at least 60 photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.

Photographic Materials

All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.

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.

All orders shall be placed during the online consultation.

During your Image Reveal & Ordering appointment, you'll be asked to sign another contract outlining changes and revisions to your order. Once your All Sales are Final contract is signed, your order cannot be changed, altered, or canceled in any way once you have approved your album cover and design, as well as my image selections for any additional products. This includes all editing notes, black and white selections, and shipping address.
The edits will be done after your album design, and you'll receive two complimentary rounds of changes. If you have additional editing revisions after that, it will be $100 charge per round of changes.
Your image selections are final. If you need to swap any images after your viewing appointment, you may do so at $100 per image as you'll be adding an image to your flash drive. Once the images are edited, you own that image.

Bonuses for Pre-Paying

By pre-paying or setting up a pre-payment plan for your Collection, you are eligible for bonuses depending on which collection you choose. If eligible, you will select your bonuses during your pre-payment plan call or through email when you’re selecting your collection. If you would like to change one or more of your bonuses (with the exception of Personal Shopping*) after they’ve initially been selected, you must notify us in writing at least 2 weeks before your session. Substitutions will not be permitted the day of your session.

*If you select Personal Shopping as one of your bonuses, it is not able to be changed, as work is done on the back end by our team to fulfill that bonus as soon as you select it. Your call must be scheduled and completed at least 4 weeks before your session in order to allow ample time for you to shop for and receive your items. Your questionnaire must be completed at least 2 days before your call to allow time for us to shop for you. If, for any reason, you miss your call, one reschedule is allowed as long as it is still at least 4 weeks before your session.

Copyright and Reproduction

The Photographer shall own the copyright in all images. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer does not provide the Client permission to resize photographs for Internet-based usage.

Client Usage

The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by nonpurchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

Client Term

The online Image Reveal & Ordering appointment is your one opportunity to purchase your images. Unpurchased images are deleted 30 days after ordering appointment. Purchased images are deleted 30 days after prints have been picked up. Once your session is completed and your order is delivered in full, we no longer guarantee the recovery of your images.

If we do not get written or verbal confirmation of the image numbers of any of your deliverables (album, viewfinder reel, prints, etc.) during your viewing, we will contact you once to follow up via phone call, text and email. After 10 days, we reserve the right to choose your images for you and send your order to print.

Our standard procedure is to contact you when your order is completed and ready for pickup. If we do not hear back and/or if the order is not picked up within 2 weeks from first contact, you agree for us to charge your method of payment on file (shipping charge is a minimum of $25) and ship your order to your address on file. If your method of payment is not on file, you agree to pay for the shipping.

Social Media

The 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, screenshot, or capture the photographs in any other fashion. The Client shall identify the “Copyright 2020 Fearlessly Feminine” in the caption of all photographs uploaded to social media websites and profiles.

Failure to Perform

If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session, even potentially having another Fearlessly Feminine photographer perform. If a reschedule is unable to be agreed upon, Photographer shall keep the retainer and shall have no further liability. Further, if the Photographer 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 the Photographer, Photographer will make every effort to re-shoot the session within the reschedule parameters of this contract.

Photographer's Standard Price List

The charges in this agreement are based on the Photographer’s 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. 

If you choose to prepay you're locking in the price of your collection, if you choose to upgrade your collection during your viewing or wait until your viewing to pay for your collection you'll be shopping the current Fearlessly Feminine price.

Office Hours and Preferred Method of Contact

Our office hours are Mon-Thurs from 9:30am-4:00pm CST and Fri from 9:30am-2pm CST. Our preferred method of contact is through email. From time to time, you'll receive texts from a staff member with a reminder or confirming a detail. It's fine to respond to those messages directly. Otherwise, if you have questions or need more info, it's best to email us at info@fearlesslyfeminine.com. 

Session Hours

The Photographer offers 1.5 hours of session time that is included in the initial non-refundable $500 retainer. Additional time can be added at the end of the session starting at $100 for 30 extra minutes. The Photographer is not responsible for making up lost time if the Client is late, etc. (nor will the session start early if the Client arrives early).

Travel and Overage Fees

The Client shall pay a travel fee further than 30 miles from the Fearlessly Feminine studio.

Indemnification

The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

Miscellany

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 here-under 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 State of Indiana.

Waivers

The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

Attorney's Fees

If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.


By signing this contract, the parties acknowledge that they have read and agreed to the
terms of this contract.

Our 2022 Contract

your signature will go here