Boudoir Photography Agreement  (“Agreement”) is between Shannon O'Hara Photography, LLC (“Photographer”) and the individual named above ("Client”) for the provision of the “Boudoir Photography Session”. Photographer and Client may be referred to hereinafter individually as “Party” and collectively as “Parties”. 

NOW, THEREFORE, in consideration of the promises and the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:

1. Services. Photographer shall provide Client with a Boudoir Photography Session (the “Session”) for the sum of $99 and shall include the following: 

• Private use of the entire boudoir studio 

• OPTION TO ADD Professional Hair & Makeup 

• Access to the client closet (sizes range from 00 - 6X) 

• Two (2) wardrobe changes/looks

• Up to 60 minutes of one-on-one professional photography with expression coaching and posing guidance 

• Professional Retouching 

• (1) 4x6 print OR $100 Product Credit

Packages and à la carte products (e.g., albums, wall art, digital files, etc.) are priced separately. 

Studio Fee covers private use of the entire set, wardrobe maintenance, and the time and materials for the Photographer.

The minimum investment for Digital Images is $585. The minimum purchase for a la carte products is $585.

2. Rescheduling. Client may reschedule the Session if the rescheduling is done more than thirty (30) days prior to the Session in writing. If the Client reschedules the Session less than thirty (30) days prior to the Session, Photographer is due $129, which both Client and Photographer agree is a reasonable sum related to the costs in time and expense incurred by Photographer in rescheduling the Session. 

All reschedule fees must be paid before a new date may be given, and from the date of the request for reschedule the client has 5 business days to pay fees and choose new date or the session fee will be forfeited. Any and all fees are not refundable under any circumstances. Reschedules are limited to no more than a 6 month period from the originally scheduled session, sessions may not be pushed out any further than 6 months from the originally booked date.

I understand that my card on file can be automatically charged to pay for cancellation/reschedule fees as discussed in this contract. 

3. Cancellations. Cancellation of services shall be in writing.

a. Session cancellation due to unforeseen circumstances beyond Photographer’s control, including but not limited to, a medical emergency, family emergency, inclement weather, road closures, natural disaster, closure of venue, or similar catastrophe. Client will not receive a refund, instead a full credit for a Boudoir Photography Session will be issued to Client to be used within sixty (60) days from the date of cancellation.
b. Immediately upon canceling the Session, Client shall pay all costs incurred related to the Canceled Session (e.g., hair and makeup artist scheduling fees) and all debts owing to the Photographer including all late fees, or any remaining Session fee balance (“Amounts Due”). Any form of payment on file with Photographer will be used to pay the Amounts Due. If the Amounts Due are not paid within 48 hours, Client will be forwarded to collections as to the Amounts Due. Client is responsible for paying all fees and charges required by the Collection Agency retained by Photographer. The Client will not receive a refund of any portion of any monies paid related to the Canceled Session. If, after canceling the Session Client wishes to book a new Session, a new Agreement must be signed.
c. Client shall pay all costs incurred related to the Canceled Session (e.g., hair and makeup artist scheduling fees) and all debts owing to the Photographer including all remaining payments under any payment plan, all late fees, or any remaining Session fee balance (“Amounts Due”). Any form of payment on file with Photographer will be used to pay the Amounts Due. If the Amounts Due are not paid within 5 days, Client will be forwarded to collections as to the Amounts Due. Client is responsible for paying all fees and charges required by the Collection Agency retained by Photographer. The Client will not receive a refund of any portion of any monies paid related to the Canceled Session. If, after canceling the Session Client wishes to book a new Session, a new Agreement must be signed. 

d. Should the Client fail to show up for the scheduled time, or cancel in less than 72 hours, the photographer will charge the client a $129 Cancelation Fee to the card on file.

4. Termination. Photographer reserves the right to terminate this Agreement and /or remove the Client from the studio, or other location designated by the Parties, at any time if Client is engaged in behavior including, but limited to, illegal actions, intoxicated, belligerent, inappropriate, or disruptive behavior as determined by Photographer. Photographer may terminate this Agreement at any time, in its sole discretion if Client is in breach of this Agreement. If Photographer terminates this Agreement due to Client’s inappropriate or disruptive behavior, the Session shall be non-refundable.

5. Fees and Payment Schedule:  Client shall pay Photographer a $111 retainer deposit (“Retainer”). Client agrees that the Retainer is non-refundable/non-transferable for the purpose of holding a reservation date with Photographer. Any change of date requires a newly signed Agreement. Client agrees that he/she is subject to the most current pricing options. Client agrees that if he/she cancels the Session before it is completed, the retainer and all additional payments are non-refundable and not valid as a credit towards any other sessions or products with Photographer. Final balances, if any, is due thirty (30) days prior to the Session. Failure to administer payment by due date will result in the cancellation of the Session. In the event that any payment by Client is returned for insufficient funds (“NSF”), Client shall pay Photographer a $49 fee for each returned payment. The Client agrees that his/her photos will not be edited until all outstanding balance has been paid in full and cleared. Client agrees that all products or services shall be provided to Client at the prices in effect at the time of this Agreement. Client understands that he/she may add additional items at any time to this Agreement, subject to current pricing. Any products or services added after the execution of this Agreement, will be subject to Photographer’s then-current pricing. Client understands that he/she is responsible for paying for the items selected on the Agreement. Client agrees that he/she will receive services for the Session, or such additional products and services as agreed upon  by the Parties in writing and paid for by Client. Client understands that Photographer chooses the best selection of photographs for viewing at its sole discretion. Additional files are not available for purchase or viewing by Client and any images not chosen by Photographer will be deleted. 

a. Should the client fail to make payment in full 30 days prior to the session, Photographer reserves the right to cancel or reschedule the client's session. The $129 Cancelation fee will apply.

b. Once an installment payment plan is set up, should Client request to CHANGE the payment plan in any way, we will charge a $50 administrative fee for each adjustment. A maximum of 2 payment plan adjustments may be made. 

c. The Client agrees that if not paying in full, an Installment Plan is REQUIRED. The Client may set up an Installment Plan for any amount equal or greater to the minimum purchase requirement of $585.

d. The Client is eligible for complimentary services called "Bonuses" for engaging in an Installment Plan for a Package priced $2800 or higher. Any Installment Plan set up for $2799 or less is NOT eligible for complimentary Bonuses.

e. Installment Plans require the Client to sign an Installment Agreement and a Credit Card Authorization. These contracts must be signed within 72 hours of setting up the Pre Session Payment Plan or else the Client is in violation of these contract terms and the Boudoir Photography Session may be canceled without refund.

f. Any and all payments made to Society Boudoir are not refundable should the Client cancel the session. These funds are classified as liquidated damages and Society Boudoir will bill at $250 per hour for the work completed and time spent preparing for the Client's session, and the balance will be applied as lost wages for the contracted event date and time.

g. All sales are final. All monies collected by Society Boudoir are non refundable. No refunds will be given on the Session Fee or the Image Order. This includes any/all Pre-Session Payments towards an Image order. Once the Client places an order for physical and/or digital products, the order is final and may not be changed, altered, reduced, or canceled. This stands for both payments in full and installment payment plans. No refunds will be given on products after the order has been placed. Installment Payment Plans are not refundable should the Client choose to cancel their session or place an order for an amount less than paid via the Installment Payment Plan. Should the Client choose to reverse payment, the Photographer will send a bill to Collections or pursue legal action to collect payment.

h. Installment payments must be completed prior to the session. If Client requires installments after the session, the Client must pay 30% towards the total balance as a non-refundable down payment towards the total balance. 

i. The Client understands that refunds are not available for the Session Fee, Installment Payments, or Image Orders. The Client understands that prepayment is required for at least the minimum purchase of $585. 

j. Installment plans must be set up at booking and the first installment is due at that time, 

k. All Installment Payment must be paid in full no less than 30 days prior to the session, failure to complete payment will result in SESSION CANCELLATION and FORFEITURE of the Session Fee.

l. Client must arrive to the studio with CLEAN 100% DRY HAIR, NO MAKEUP, if client is using our hair and makeup artist. Should client arrive to the studio with wet hair, a $175 fee for disrupting the schedule for the day must be paid, or agree I will not get my hair styled or dried and will be photographed as-is.

m. Client shall not arrive with a sunburn or tan lines, or they may be subject to additional editing fees for the images chosen for purchase.

n. NO printed album or book products are included in the session fee, if Client wants any images they must be purchased separately.

o. Client agrees the Studio fee, all applicable taxes, must be paid at time of booking to secure his/her spot, along with a signed copy of this Agreement.

6. Session Details. Photographer requires 60 minutes for the Session. If Client is not available for the full 60 minutes, Client understands that Photographer will not be able to provide the quality of photographs agreed upon at execution of  Agreement. Client understands that by not providing 60 minutes, Photographer has the right to refuse to photograph the Boudoir Photography Session. Client agrees that if he/she is more than 20 minutes late for hair/makeup or 20 minutes late for the Boudoir Photography Session, it will be canceled without monetary reimbursement at Photographer's discretion. Late arriving clients will receive the studio time remaining at Photographer's discretion.

7. General rules and regulations for Session. No one under the age of 18 is allowed in the studio at any time. Client agrees that the Photographer, and the Client will be the only persons present during the Session. Client agrees that he/she is of legal age to participate in a Boudoir Photography Session. Client understands the Session includes nudity and that he/she will be photographed wearing little and/or no clothing. Client understands what a Boudoir Photography Session is, and is signing this Agreement in full competency, without being coerced, influenced and of his/her own free will. The Client agrees that the level of nudity he/she shows during the Boudoir Photography Session is at his/her own discretion. The Client agrees that he/she will not do anything he/she is uncomfortable with and will communicate to Photographer at any time during the Session if he/she is uncomfortable with a certain level of nudity or a pose. Photographer is a professional and shoots in a professional manner. Client agrees that he/she will in no way hold the Photographer responsible or liable for sexual inappropriateness. Client understands that a Boudoir Photography Session requires certain movement and physical activity. Client will not book a session if he/she is not able to abide by simple movement instructions and/or is injured. Client understands she had the opportunity to inquire about any questions or concerns regarding these requirements prior to booking the Session.

8. Mini Sessions. Client agrees that if purchasing a Mini Session, it is a shortened Session. Client agrees that he/she will not receive as many images as from a full Session. Client understands that Mini Sessions and Boudoir Parties are booked on a first come/first serve basis for time slots. Client agrees that once booked, he/she cannot change the time slot. If another time slot is available and the Photographer agrees, this request will be considered, but is not guaranteed. 

9. Photographer’s Creative License. Photographer reserves full creative license in relation to the photographs and Session. Client agrees that Photographer has the right to refuse to photograph a particular location, time of day, any outfit or prop, based on Photographer’s technical and artistic merit, in Photographer’s sole discretion. Client understands that if Photographer does not allow props, they will not be used in any manner whatsoever. Client agrees that Photographer will not be held liable if a particular photograph is not obtained due to certain guidelines or regulations beyond Photographer’s control, including but not limited to; hotel regulations, venue regulations, privacy regulations, legal restrictions, light, space, willingness of subject and weather. Client agrees that all “Service Provider” suggestions are suggestions only.

10. Vendor Services. Photographer shall not be liable if a vendor fails to complete his/her contracted tasks. Client agrees that Photographer is not responsible for providing items of clothing in a specific color, style or size that have previously appeared on social media platforms. All items from wardrobe collection shall be used at Client’s sole discretion and is limited to certain availability of size, shape, color and styles.

11. No Spray Tan. Client agrees that he/she will not spray tan before due to complications in editing. If it appears Client has had a spray tan, Photographer reserves the right to cancel the Session. If Photographer chooses to move forward with the Session, Client understands that it may take longer for photos and/or products may be returned, as outsourcing of editing may be required. Client agrees that an extra fee applies for extra editing, at a rate of $125/hour, with a minimum of five hours for editing and retouching an entire shoot impacted by spray tan. The rate for mini session spray tan corrective editing and retouching is $125/hour, with a minimum of three hours. Additional editing invoices must be paid in full prior to any work being completed.

12. Albums, Digital Images, Products and Editing: Client agrees that album layouts are designed by Photographer. Client agrees that he/she has one (1) week to submit photo choices to Photographer. If Client submits photo choices after the 1 week deadline,  Client will be subject to the then-current pricing. The Client agrees that after 8 weeks, if products have not been collected, they are void and he/she forfeits all payment towards them. Client agrees that all albums/products must be paid for in full prior to commencement of any work. Once payment is made, no refunds will be granted. Client agrees that he/she must view and approve the state of the album upon pickup. If there are any manufacturer defects, Client agrees that he/she must return the album to Photographer within one (1) day of receipt for repair. Client agrees that Photographer and Third Party supplier are not at fault if the defect is caused solely by Client. Repair will not be covered for reasons including, but not limited to, if  product has torn a page, dented the cover, broken the spine, spilled any items on the album or generally mistreated it. Client agrees that if he/she is submitting the album back to Photographer with a manufacturers' defect that the layout and images will not be changed. Only the defect will be repaired. Client agrees that if he/she is choosing to sign off on the album design that only one (1) revision is included. Any revisions beyond this are subject to a re-design charge of $150. Client agrees that if he/she elects for Photographer to select the images for the album, all choices are at Photographer’s discretion. Client agrees that the proofs received have been edited at the discretion of Photographer. Any extra editing requests are subject to a service charge and at the discretion of Photographer with right of refusal. Photographer has the discretion to exclude certain photos from the album. If digital images are included in Client purchase, Client is responsible for archiving and image back up. Shannon O'Hara Photography or Photographer will not be held liable if images are not properly saved and backed up by client. We delete unused images frequently, and do not promise to have your images backed up should Client lose or misplace their image files.

13. Copyright and Use of Images: Client agrees that if he/she consents to Photographer publishing Client’s photos online, Photographer has complete discretion in image selection. Client agrees that Photographer owns all images taken during the Boudoir Photography Session. Client understands that the photos will not be posted, unless he/she provides consent after the Reveal & Ordering Session. Client agrees that if he/she consents to Photographer publishing his/her images, Photographer has full permission to display these images in locations including, but not limited to; online websites, blogs, in studio, online or printed promotional material, social media sites such as Facebook, Instagram, Pinterest and/or in any printed media. Client cannot revoke his/her consent once the images have been published. If  Photographer makes an exception and agrees to remove the photos, Client agrees to pay an administrative/damage fee of $999. Client agrees that he/she does not have any claim to copyright, patent, or other ownership of the photos. Client understands that he/she has purchased the rights to share the images online or print the digital files only and that the images may not be altered/edited or cropped in any way. Client agrees that if he/she wishes to submit the photos to an online or printed publication, he/she must obtain written consent from Company prior to any publication. Client agrees that no monetary gain may be acquired at any time from the sale of the images. Client understands that he/she may post images on sites including, but not limited to, Facebook, Twitter, Instagram, social forums, Pinterest and/or through use in emails and agrees that he/she will credit Photographer every time he/she makes such postings. Images posted to any online media platforms that are not credited with Photographer’s information, will be reported to the site and removed. Repeated failure to properly source images will result in legal action.

14. Privacy, Confidentiality and Liability. Client agrees that all information and documents given to him/her are the exclusive property of Photographer and are confidential information. They may not be sold, shared or copied. Client acknowledges that Photographer will not be held responsible for the final destination of the images if permission is given to share them for promotional purposes. Client agrees that by signing this Agreement he/she releases Photographer of any and all liability. This includes, but is not limited to; personal injury, loss of income, damage to personal items, emotional distress, illness, loss of property, paralysis or death. Circumstances beyond Photographer's control could result in the loss, damage or failure of products and/or equipment. If image files are deemed by the Photographer to be damaged, lost or corrupted, Photographer’s liability shall not exceed the total sum of one (1) Session. The re-shoot shall take place no later than 60 days from the date of notice from Photographer regarding the damage. No monetary reimbursement to Client will be provided. Client agrees that he/she must back up the digital negatives once received. Photographer is not responsible for the storage of the images after digital negatives are provided to Client. 

15. Reasonable Communication: The Client agrees to read and sign all documents sent over by the Photographer regarding the scheduled Boudoir Photography Session. The Photographer will communicate all necessary information about the Boudoir Photography Session via email. The Client is responsible for reviewing and taking note of all information sent over by the Photographer prior to and after the Boudoir Photography Session. Should an email require a response from the Client, the client must respond in a reasonable timeframe. Should the Photographer attempt to contact the Client about a particular email on more than (3) THREE occasions, and the Client fail to respond within (7) SEVEN days following each email, the Photographer reserves the right to CANCEL the scheduled Boudoir Photography Session due to unreasonable communication from the Client. The Photographer agrees to also attempt to contact the client via phone call and/or text message in the event that the emails are going to the Client's spam or junk folder. 

16. Force Majeure: Photographer shall not be liable for its failure to fulfill its obligation under this Agreement, if such failure is due to circumstances out of Photographer’s control including, but not limited to, an act of God, extreme weather conditions, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil commotion, act of public enemy, rule of any government or governmental instrumentality (whether federal, state, local or foreign), failure of technical facilities, failure or delay of transportation facilities, or any other cause of a similar or different nature not reasonably within reasonable control.

17. Limitation of Liability: PHOTOGRAPHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, OR PRODUCTS. IN NO EVENT SHALL PHOTOGRAPHER BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES INCLUDING, BUT NOT LIMITED TO, LOST MONIES. Client further relieves Photographer from any action, claim, command, obligation, cause of action, damages, costs (including reasonable attorney’s fees, costs and expenses), expenses and compensation of any kind or nature whatsoever brought by any Third Party against Photographer arising out or relating to the Agreement.

18. Entire Agreement. Client agrees with respect to the provision of the Services, and takes precedence over all prior oral and written Agreements and discussions with respect to the subject matter, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the Parties here to with respect to the subject matter. Neither Party can modify or amend this Agreement unless such modification and amendment is in writing and is signed and agreed upon by both Parties.

19. Headings.  The Section and Article headings contained in this Agreement are for reference purposes only and shall not be deemed to be a part of this Agreement or to affect the meaning or interpretation of this Agreement.

20. Assignment. Client shall not assign or transfer this Agreement or the rights and obligations contained herein to any person or entity without the written consent of Photographer.

21. Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable. 

22. No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer. 

23. Assignment: Client may not assign or transfer this agreement, or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.

24. Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force. 

25. General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of California. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in San Diego County, California, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the client shall cover all Photographer’s attorney and arbitration fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. 

26. By purchasing a Black Friday Session, the Client acknowledges that he/she has read it in its entirety and is purchasing of his or her free will. Client understands all Terms and Conditions and accepts responsibility for his or her obligations herein.