Client Contract
The individual signing this Contract is doing so in representation of all parties to be photographed, and hereafter will be referred to as "Client". It is understood that Client is entering into a formal agreement (hereafter referred to as “Contract”) with Progressive Boudoir, LLC (also referred to as the “Photographer”). This Contract constitutes the entire agreement between both parties and will apply to all future transactions.
It is understood that Progressive Boudoir, LLC is the exclusive official Photographer retained to perform photographic services requested in this Contract.
Where indicated, Client will check a box to acknowledge they have read, understand, and agree to the terms.
Upon acknowledgment of this contract and receipt of required non-refundable fees, Progressive Boudoir, LLC shall reserve the time and date agreed upon.
Client Acknowledgement of and Agreement to Specific Contract Terms
I. Creative Fees:
Creative fees start at: $950. Client agrees to pay Progressive Boudoir, LLC in full prior to booking to secure their session and studio space. This is non-refundable. This fee covers the time and talent of Progressive Boudoir, LLC, the Initial Consultation, the Ordering Session to go over the images and choose photo products, as well as a product credit, amount to be determined at the Initial Consultation. All photos and photo products are purchased separately.
Ib. Pricing:
Client agrees to the pricing policies on the Photographer’s website at the time of booking. Client agrees to timely payment. Progressive Boudoir, LLC accepts cash, check, credit card, Zelle (katrina@bodyissues.me), and Venmo (@kats_dreams). In event of payment default, client is responsible for (but not limited to) bad check fees, and collection costs. The full Creative Fee is due before booking and scheduling studio space. Final payment for all photos and photo products are due at the Ordering Session.
II. Travel Fees:
The Photographer does not charge a travel fee for any location within 20 miles of zip code 80239. Any location outside of these limits will be subject to an additional charge of $1 per mile. This fee applies to travel both to and from the location (both ways). This fee will be invoiced along with the full Creative Fee due before booking your session.
II. Rescheduling:
If an illness or situation prevents a photo session from taking place, Client may reschedule their session if notice is provided at least 48 hours prior to their session start time. Should Client fail to give at least 48 hours notice, or decide to completely cancel the shoot, this Creative Fee is forfeited, and Client will need to re-book a session with Progressive Boudoir, LLC at their current rates.
If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent safe travel or the creation of portraits meeting the artistic standards of Progressive Boudoir, LLC, the Photographer may elect to use an alternate location or to reschedule the portrait session.
IV. Re-Shoots:
Re-shoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer. Re-shoots are determined at the sole discretion of the Photographer.
V. Digital Retouching:
The Photographer will use Lightroom and/or Photoshop to digitally enhance images in the following manner: temporary blemish removal, adjust color, contrast, and brightness. I will not change the shape or size of you in your images. Photography is about being yourself and embracing yourself in your raw and lovely form. Your body is uniquely yours and Progressive Boudoir, LLC does not want to change that in post processing. Images are edited to Photographer’s discretion and will reflect Photographer's personal style of photography. Please take the time to look at Progressive Boudoir, LLC’s other images to see if the style is a good fit for you.
VI. Ordering Session
An ordering session will be scheduled when you schedule your photoshoot. During this meeting, you will have an opportunity to view your images and decide on the photo products you would like to purchase. All photo products are sold à la carte. Payment for photo products must be completed at the Ordering Session.
VII. Archive:
All images will be available for six months. After six months, all images may be purged from the Photographer’s hard drive.
Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
VIII. Ordering:
Due to the custom nature of each session, all sales are final. Once print orders are placed, they may go into processing at the lab immediately; therefore any print orders placed cannot be cancelled. Any changes to print orders are at the Client’s expense.
No part of any order will be ordered until the balance is paid in full.
IX. Liability:
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children, their pets, and for themselves and release Photographer/Progressive Boudoir, LLC from any claims against their person or their business.
X. Copyright & Penalty:
Per Title 17 of U.S. Code (US Copyright Act) it is ILLEGAL to copy, reproduce, or alter in any way the photographs taken by Progressive Boudoir, LLC without the express permission of Progressive Boudoir, LLC . Violators of this Federal Law will be subject to its civil and criminal penalties.
The Photographer/Progressive Boudoir retains full copyright to all images created during Client’s session, therefore you are not allowed publication of your portraits (i.e. entering in contests), selling, or altering of your images without the Photographer’s written permission.
It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Progressive Boudoir, LLC during Client’s photo session. This applies to "sneak peeks", images posted on social networks (such as Facebook), on the Photographer's blog, website, or hard copies of digital images purchased.
By checking the box below this section, Client agrees to refrain from copying, screen capturing, downloading, printing, sharing, scanning, saving, altering, or otherwise stealing from Progressive Boudoir, LLC. If Client steals images via any method listed above, or any other method, Client will be invoiced for the cost of EACH digital image Client has stolen, at photographer’s current price per digital file.
XI. Session Terms:
Only those being photographed and/or immediate family will be present during the session, unless prior arrangement has been made between Client and Photographer.
General Terms and Conditions
Progressive Boudoir, LLC reserves the right to use images created under this Contract for advertising, display, publication, or other purposes. The Client signing this Contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Progressive Boudoir, LLC in the event of litigation arising out of such use. Negatives, digital files, and previews remain the exclusive property of Progressive Boudoir, LLC.
If Progressive Boudoir, LLC cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to personal illness or emergency, then Progressive Boudoir, LLC shall return any deposit or Creative Fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Progressive, LLC. In the event Progressive Boudoir, LLC fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent quality of dyes, and the Client releases Progressive Boudoir, LLC from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
The charges in this Contract are based on Progressive Boudoir's standard price list. This price list is adjusted periodically and future orders and/or fees shall be charged at the prices in effect at the time the order is placed and/or the session is booked.
This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.
***By electronically signing this contract and hitting the “I agree” button, you are confirming that you accept the terms and conditions stated above.***