All sales are final on all services including but not limited to sessions and orders. Payment plan clients must be paid in full before design and shipping of order. No exceptions. Orders go into design queue from the date the order is paid in full.
Boudoir of the Beaches offers a 15% discount on session fee and products. Military ID required to qualify. One Petite Session per client per event day permitted. All clients must sign CONTRACT at their session, payment of session retainer is Client’s acceptance of terms and conditions as outlined in Boudoir of the Beaches policy.
Proofs, print orders and print credits
A $25 returned check fee applies to all bounced checks as well as the 25% service fee. Please understand that this is for workflow purposes. We work hard to meet our deadlines and only ask that our clients do the same. Pricing for prints and products are valid for a period of thirty days after the date of your session. The total balance due for any orders placed must be paid in full prior to any work beginning on the ordered images or product. Design and printing of all orders takes approximately two weeks after final purchase to complete in-house. Payment plan orders will go into queue as of the date of final payment not date order was submitted. Only basic retouching is applied to proofs. One image with advanced retouching will be provided to demonstrate the outcome of images selected for purchase and that the images received for proofing only demonstrate basic retouching. Client will trust James’ talent and vision to produce the same outcome on images selected. Advanced beauty retouching will only be applied to images purchased and is included in the cost of prints. James does not retouch to specifications although Client is welcome to make requests.
OUR SERVICES AND PRODUCT ARE FOR PERSONAL USE ONLY. Any professional or commercial use of our copyrighted images is prohibited.
While we strive to make the experience unforgettable, we are not here to only offer the experience of the session itself. Clients must order product. It is a two part process that every client agrees to when she books her session. We do not offer refunds or replacement sessions if a client claims she is not happy with her images. Every client is shot in the same way as the work shown on Boudoir of the Beaches website in James’ style. Hair and makeup is done as per client requests, any claims of dissatisfaction with hair and makeup after the session are ignored. If for any reason client is unhappy with hair and makeup she must express herself prior to being photographed so that Boudoir of the Beaches makeup artist can perform corrections.
Client Intake Forms
Clients may request their preferred time slot however slots are assigned in the order in which contracts come in and Boudoir of the Beaches will assign slots as close as possible to the desired time selected. Boudoir of the Beaches does not guarantee that all clients will get the time slot they request and all session retainer fees are non refundable. Clients who do not submit their intake form agree that Boudoir of the Beaches may use their images in the showcasing of their work. Clients also forgo the hair and makeup consultation if a phone number where they can be reached has not been provided.
Makeup and Hair Artist
Boudoir of the Beaches sessions are a process starting with hair and makeup and is not only an important part of the process but also an important part of the schedule for our events to run smoothly. That said, it is mandatory that all clients go through hair and makeup before shooting with James. If clients have any allergies or sensitivity to makeup or product, they are welcome to bring their own products for the makeup artist to use.
Images are for viewing purposes only! Any reproduction or screen grab downloads are a direct violation of Boudoir of the Beaches policy and a violation of artist copyright and client contract! In other words, it is stealing, is illegal and not very nice! All violations will be prosecuted to the full extent of the law. In layman’s terms: you may not copy images from your viewing gallery. You may not scan prints and post the copies online. If you want digital images to post online, you must purchase them. We police all online usage of Boudoir of the Beaches’ work and will prosecute all violations of policy.
Clients must include proper Order Notes by numbered list following Product Policy instructions or James will design all product orders carte blanche with default design procedure. This includes image arrangement for books, canvas wrap cropping and horizontal book overlay formatting to preserve image from crease lining down the face. Images will be cropped to fit order sizes as James sees most artistically pleasing. Dissatisfaction with product may be open to negotiation for replacement if client covers all costs for reproduction, lab and shipping unless there was a mistake with lab production. In that case, the lab will replace it. Books are subject to discoloration at the creases over time. The double-wide pano pages are made by folding a print in half. This damages
the emulsion and discoloration will occur over time. Book samples shown at time of session are true examples of wear and tear over time.
US FEDERAL COPYRIGHT
IT IS ILLEGAL REPRODUCE THE COPYRIGHTED WORK OF AN ARTIST. YOU MAY NOT SCAN OR PHOTOGRAPH YOUR PRODUCT OR COPY, SCREEN GRAB OR PHOTOGRAPH IMAGES FROM YOUR PROOFING GALLERY. VIOLATORS WILL BE CHARGED THE VALUE OF THE DIGITAL IMAGE/S BEING POSTED. *We love that you want to share your images online but you must purchase them like everyone else.*
All clients are welcome to submit future orders once they have already placed their original orders. All future orders are subject to a $250 order minimum. Future orders are priced at the current price list rate.
Session Client Etiquette
Clients receive a list of Dos and Don’ts with their confirmation email which ensures that events run smoothly. It takes just one client to severely throw off the schedule for an entire day so to protect everyone involved we do provide guidelines for every client to follow so that the only thing James has to focus on is taking great images of his clients.
Payment, Retainers, Cancellation, Rescheduling and Liquidated Damages:
All payments made to Boudoir of the Beaches for session fees, retainers, services and product are non-refundable. Sessions may be upgraded but never downgraded. If you pay by personal check or on a payment plan, James will not begin post production on your order until the payment has been paid in full and has cleared. All web usage of our work is strictly monitored. Any professional use of images we created for personal use from a Boudoir of the Beaches experience will be submitted to our attorney for a cease and desist and notice to the website hosting service to remove the website for unauthorized us of our copyrighted work.
Making Boudoir of the Beaches events happen is a major production is also used to secure the time of the makeup and hair artist. James has to prepay all of this and therefore, since this is done weeks in advance and is non-refundable to him, James must keep a very strict policy on cancellations and rescheduling. Once you have submitted your payment of retainer fee, there are no refunds. No cancellations. However, you may reschedule. Rescheduling must be arranged in writing 2 weeks prior to the session event date and are good for any future tour locations within one calendar year. Reschedules are only permitted once. Sessions are transferable. If your request to reschedule the scheduled session is made with less than 4 weeks notice before your scheduled session, liquidated damages in the amount of your session fee and your order requirement will be charged. An additional session fee will be required to book a new session. If you are late to your scheduled session, the time that you are late will be deducted from your session. If you are late more than a half hour, your session is forfeited and your session and order requirement will be charged as liquidated damages. If you cancel your scheduled session or do not pay the balance due on your session before the session, liquidated damages in the amount of your session fee and your order minimum will be charged. If we are unable to collect funds from you we will report this to all three credit agencies. No exceptions. If you are traveling for your session, James recommends booking your session and securing it with payment before booking your airfare and hotel. Sessions cannot be held and are only secured on our calendar with payment. Without a secured booking, James’ schedule may change and he only schedules our calendar around paid clients. James is not responsible for any fees associated with airline or hotel schedule changes. Please fly in the day before your session, refunds/reschedules will not be given due to same day flight cancellation/delays.
Please allow two weeks for design from the date your order was paid in full and up to another week for lab production and shipping. Rush orders are available for a 50% service fee of the entire order amount. James reserves the right to refuse rush services to anyone.
Your satisfaction is of utmost importance to James but all art is subjective. All images will be edited with James’ professional artistic vision, and, by choosing him as your photographer, you choose the style of him work and trust his judgment through the creative process. If there are special editing requests beyond what the sample teaser image, he is happy to fulfill any special instruction on orders for additional retouching at a rate of $75 per image. No charge for cropping, black and white or other color toning conversions. James reserves the right to refuse additional services to anyone. Clients may expect the quality of product that they saw during their session. Lay flat pages of books will deliver stiff as they are brand new off the press. They will relax and look like the book viewed at your session once it has been worked in.
Hair and makeup services are included with all sessions. It is the client’s responsibility to voice any issues she may have with the hair or makeup prior to be photographed so that the makeup artist can make any necessary adjustments.
All sales are final.
Sizes and Color Matching
While every effort is made to meet the Client’s requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer if accurate sizing is critical. Images are cropped to fit product size(s) chosen by Client. In the event the Client does not want to lose any of the image in cropping, arrangements may be made with Boudoir of the Beaches to suit her needs. Any dissatisfaction with cropping will be subject to Client covering our cost for lab and shipping on replacement images. Due to limitations of materials and processes, it is not possible to guarantee 100% color matching. However, James will endeavor to provide the closest possible match. All print orders will be cropped to fit order. If proof dimensions are desired for prints, please
order the longer dimension print sizes.
Delivery Shortages, Loss, and Damage in Transit
Claims for damage, non-delivery, or shortages will not be considered unless notified in writing within seven days of delivery. We are not liable for incorrect addresses given by clients on their order forms nor are we liable for loss of product left at given address. We cannot ask the shipper to require a signature for packages therefore please give an address that is safe for delivery drop off.
The Photographer will make reasonable efforts to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
The Photographer acknowledges that in the performance of the photographic services, he may receive information from the Client that is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to make best efforts to keep this information confidential except as required by law.
This contract shall be interpreted in accordance with the laws of the State of Florida without regard to any conflicts. All claims, disputes, and lawsuits arising out of or in connection with this Contract shall be resolved or adjudicated in the city of West Palm Beach in the State of Florida.
The Client shall be responsible for their behavior during the portraiture session. The Photographer reserves the right to terminate the portraiture session without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to retain the full session fee. The Client will reimburse the Photographer or agents for any loss/damage caused to property or equipment.
Delivery of Products and Services
The supply of products and services are provided by the Photographer on a best efforts basis. The Photographer shall use reasonable efforts to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations that were due to causes beyond his reasonable control, including but not limited to: postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit, etc.
Prices & Terms
a. All prices shown within the Photographer’s price list are subject to change without prior notice. Print price changes will affect packages offered in seasonal promotions to reflect new pricing in total value of packages offered.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Images/data supplied in electronic format
For all images/data supplied to the Client in electronic format (including, but not limited to, electronic mail, CDs/DVDs, USB thumb drive, etc.), the Photographer will endeavor to ensure that the data sent is not corrupt and is virus free. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Client’s computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.
Destination session clients are responsible for James’ travel, hotel accommodations (preferably in the hotel the session will take place), car service from airport to hotel and back to airport from hotel, rental of lighting equipment for international destination, his day rate (minimum of 2 days), and a makeup and hair artist is contracted separately through the artist himself. James is happy to work with any makeup artist but prefers to work with his own contractors. Referrals available upon request. For all private, extended and destination sessions, Client is responsible for location.
Closed Set: Boudoir of the Beaches employs a closed set policy. The only people allowed on set are the photographer, client, makeup artist and assistant(s). A female/male friend is allowed on set as long as they provide comfort to the client and are not a distraction. Photographer reserves the right to ask anyone disrupting the photography session or making the client feel uncomfortable or insecure to leave.
• Client understands that as part of the closed set, no cameras or cell phone cameras are to be used to photograph themselves, the set or any thing else on the property.
• Boudoir of the Beaches will take before and after photos and other behind the scenes photos during the photoshoot, and if allowed by the client, to be used for marketing purposes, which will be released after client has placed their order and, if specified, any “surprise gift” date has passed.
• Cell phones should be turned off or muted during the photoshoot as to not disrupt the flow and mood of the experience.
Copyright and Ownership
a. In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorization, the Client is forbidden by law to make prints, reprints, copies, or digital duplications of any images created by the photographer.
b. Reproduction rights (if and when granted) are strictly limited to the uses specified on the Photographer’s invoice. Any license is granted to the Client only upon payment in full of the amount due pursuant to the Photographer’s payment terms.
c. Client may never purchase the copyright of images created by the Photographer.
d. In instances where the Client requests copies of images that the Client has supplied from another photographer, all work is undertaken on the assumption that the Client has obtained written permission from the copyright holder for copies to be made. The Photographer may contact the copyright holder to confirm that authorization to copy the images has been given. The Client agrees to fully indemnify the Photographer for claims or damages or any costs arising from claims for copyright infringement made by a third party.
e. By paying for a portraiture session, Client grants to Boudoir of the Beaches, its assignees, licensees, legal representatives and transferees [“Boudoir of the Beaches”] the right to use Client’s name and likeness for promotional purposes of Boudoir of the Beaches. Client irrevocably authorizes Boudoir of the Beaches to use and publish photographs, pictures, portraits or images in which the Client appears [“Photographs”] in any form, media and manner, including, but not limited to, composite images or distorted representations, for the purposes of publicity, illustration, commercial art, advertising, and publishing (including publishing in electronic form), for lawful uses as may be determined by the Boudoir of the Beaches. Client waives all rights to review or approve any uses
of the Photographs unless specific opt out of use of images is noted on Client Intake Form.
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Boudoir of the Beaches, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Boudoir of the Beaches, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Boudoir of the Beaches resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment. I acknowledge, agree and represent that I understand the nature of The Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
Assumption of Risks: This use of Boudoir of the Beaches’ property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Boudoir of the Beaches purchases space in hotels and studios for location sets and is not associated with these locations in any way. I have read the previous paragraphs and I know, understand, and appreciate that risks may occur in the activities made possible by Boudoir of the Beaches. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Boudoir of the Beaches, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including legal fees brought as a result of my involvement in a portrait session with Boudoir of the Beaches, and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue Boudoir of the Beaches. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. James reserves the right under the federal copyright law to use images he creates to promote his business and if you prefer not to participate, please indicate such on Client Intake Form.