Terms and Conditions
Boudoir Fusion Photography Agreement
- This Agreement constitutes an order for a photography shoot with Boudoir Fusion Photography, The Photographer, The Make Up artist and any other staff members (hereinafter referred to as “Boudoir Fusion Photography”) including the taking of pictures as agreed to by both parties; Boudoir Fusion Photography and you the contracting party listed below (hereinafter referred to as “client”), unless otherwise specified. It is understood that any and all rights to proofs, final or sample prints, or digital media, thereof (hereinafter referred to as “images”) shall remain the property of the Boudoir Fusion Photography and may only be used for advertising, display or any other purposes thought proper by the Boudoir Fusion Photography after obtaining a modelling release from the client, please note that signing the model release is optional.
- If the Boudoir Fusion Photography cannot perform, this Agreement in whole or in part, due to fire or other casualty, acts of God or nature or terror, including but not limited to camera, hard drive, equipment malfunction or other cause beyond control of the parties or due to Photographers illness or injury, then the Boudoir Fusion Photography will return any fees paid to the client but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials or images are damaged in procession, lost through camera malfunction, lost in the mail, or otherwise damaged without fault on the part of Boudoir Fusion Photography. Client agrees to limit Photographer’s liability to the amount already paid in this contract.
- It is agreed and understood that no person other than Boudoir Fusion Photography will be allowed to photograph or take pictures at any time during the shoot unless prior permission is obtained.
- I understand that Boudoir Fusion Photography is not responsible for any expense or liability incurred as a result of my participation in this session, including medical expenses due to any sickness or injury incurred as a result, this includes damage to outfits, hair and nails. Any damage caused to our props or outfits will need to be reimbursed by the client.
- On signing of the Agreement by all parties hereto, Boudoir Fusion Photography will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the shoot becomes cancelled for any reason by the Client. Cancellations made less than 7 days before the shoot will be charged in full. The client also agrees that they can only reschedule twice and no less than 7 days before the shoot within a 12 months of signing this agreement.
- The session fee according to our current published price list will include the items listed on our packages page of our website. A 50% non-refundable booking fee is due either before or the signing of this Agreement, unless exceptions are made, the remainder of the fee is to be paid to Boudoir Fusion Photography no later than the start of the shoot. No photography will take place and no rights to the images granted until timely payment made in full. Late payment may include penalties unless arranged with prior to the session with Boudoir Fusion Photography. If a session does take place and non-payment is received after 30 days from the date of the shoot, Boudoir Fusion Photography reserves the right to use any of the images for their advertising in lieu of payment, this without a model release; no images will be made available to the client until full payment is made. A booking and service fee of R500.00 will be charged in case of date change by the Client. Please note that all images will be deleted after 30 days if no payment is received.
- Boudoir Fusion Photography grants the Client non-transferable and nonexclusive reproduction rights to the images. The Client shall not transfer, licence, sell, lease or otherwise confer either permanently or temporarily any reproduction rights to any Images to any third party.
- Boudoir Fusion Photography has no right, unless through non-payment, to use the images from a Client’s session without their permission. Boudoir Fusion Photography loves to be able to showcase work from a variety of clients photo shoots on their website and social media pages, magazine articles and for promotional purposes but only with a client’s prior permitting.
- If permission is given from point 8, the Client shall execute a standard model release, incorporating fully as set forth herein by this reference only if they agree to allow Boudoir Fusion Photography to use their images in their various advertising mediums, unless they fail to make payment, whereby Boudoir Fusion Photography can use their images in lieu of payment.
- The package fee is based on Boudoir Fusion Photography’s most current price list and includes only the photographs and services described therein. If the fee is not based on a package but is a session fee, all photographs shall be billed in addition to the fee and in accordance with the current standard price list.
- With regards to our editing, this will be done at our discretion in the usual Boudoir Fusion Photography style, (what you see in our galleries), please familiarise yourself with our editing technique within this website.
- Final completion of edited images will take between 14 – 21 working days and in some cases longer if a coffee table booklet is ordered. Boudoir Fusion Photography cannot be held liable if the coffee table book, framed images or additional products cannot be delivered by the requested time due to unforeseen reasons.
- We will endeavour to keep all of your images for up to one year after your shoot, thereafter they will be wiped off our system, if you would like to keep these images yourself you can purchase a high resolution disk from us.
- Once we review your images those that we deem to not be suitable for whatever reason shall be permanently deleted and not be made available to you even if you purchase all of your images on a high resolution disk. These will include images that do not flatter you, where you have your eyes closed, those that are under or over exposed, bad composition or lighting and so forth.
- All products must be paid for in advance before any work is carried out on your images, unless prior arrangement is made. All sales are final.
- Boudoir Fusion Photography will not take glamour, boudoir, nude, lingerie or sensual images of anyone under the age of 18 years old, by signing this agreement you attest to the fact that you are a minimum of 18 years old.