Please read through this policy/contract that is set in place to protect all of us. When you purchase your session online or over the phone, this is the policy you are agreeing with and are contractually binding yourself to. This covers what to expect from us and what we expect from you. We appreciate your understanding that this is a business that only survives with structure.
All sales are final on all services including but not limited to sessions and orders. Payment plans 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.
Couples sessions allow for male to be present at the shooting portion of his session only, he may not be present while client is in hair and makeup. If the partner is female, she may wait in a separate bedroom closed off from shooting spaces within the location if it is available. Couple sessions are available for $150 additional fee payable in advance. No male nudity is permitted. Men may be shirtless with jeans only. Images are shot female-centric.
We offer a 15% Military discount on session fee and product. Order minimum must be met before military discount can be applied and may not fall below the minimum with discount. Military ID required to qualify.
Any promotional discounts are applied to session fees only and do not apply to order minimums (with the exception of our military discount).
Female chaperons are allowed at your session. Please know that shooting time is limited and that having someone there tends to take time away from shooting, so any chaperon must be able "to blend into the background" in order to have a smooth shoot. Men are NOT ALLOWED at the shoot, unless it's for a couples session and only then when it's time for him to shoot. If you bring your husband or boyfriend he will be asked to wait in the lobby until your session is complete. NO EXCEPTIONS.
SEBP reserves the absolute irrevocable right at any time to refuse service to anyone who has abused the client/photographer Policy/Contact and Terms and Conditions.
Clients may expect to spend an hour to an hour and a half in hair and makeup and about 2 hours of actual shooting time. The rest of the time is used for wardrobe changes, lighting and set changes and viewing of the SEBP product line.
Payment of session fee is Client's acceptance of SEBP's Policy/Contract and Terms and Conditions as outlined on this page.
Terms and Conditions
Proofs, Print Orders and Print Credits
Proofs will be delivered two weeks after the date of your session and the proofing gallery is live on SEBP's site for seven (7) days for clients to view and make their orders by midnight on the 7th day. Print order minimums are $300. Promotional discounts do not apply to order minimums with the exception of military discounts) and must be fulfilled by the date the gallery expires. Clients may opt for a payment plan for the full product order only and not the session fee.
It is Client's responsibility to make time to view their galleries. No extensions will be awarded without a $50 service charge. No exceptions. 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 before any work starts on the ordered images or products.
Delivery of all orders takes 6-8 weeks from date of the final payment to complete in-house and then an additional week for our lab to print and ship. Payment plan orders will go into the processing queue on the date of the final payment not the date the order was submitted.
SEBP takes the utmost care to honor scheduled session times and to deliver products and services as promised. However, should SEBP or agents be unable to perform services due to severe illness, injury, family crisis or unforeseen emergency, SEBP reserves the right to reschedule the session within the calendar year or delay product design until such time in which design can be properly performed.
Basic retouching (color correction and exposure settings) are applied to proofs in the proofing link. Upon request, one image with complete professional retouching will be provided to demonstrate the outcome of images selected for purchase. Complete retouching will only be applied to images purchased and is included in the cost of the products. SEBP does not retouch to specifications although Client is welcome to make requests. We DO NOT change you. We polish you.
OUR SERVICES AND PRODUCTS ARE FOR PERSONAL USE ONLY! Any professional or commercial use of our copyrighted images is prohibited without express written permission from SEBP.
SEBP would like to get to know you better! Once you book your session a Client Questionnaire will be sent to you. This helps us know the style of boudoir you are interested in, the reason for your shoot, what you like and don't like about your body, what your partner likes and doesn't like about your body, any special shots or themes you are interested in and if you are willing to let SEBP showcase your images in our portfolio and marketing. All of this helps us customize the perfect boudoir shoot just for you.
Hair and Makeup Satisfaction
It is the Client's responsibility to make sure she is happy with hair and makeup before shooting. It is imperative that Clients take a look in the mirror to make sure they are happy with the hair and makeup. Due to the use of studio lighting, the makeup will be applied heavier than is normally worn. If there are any changes Client wants to make, Client must have our makeup artist perform them before we begin shooting. If she is already with another client, it is ok to ask her to fix/make the changes before you start. We all want you to love the way you look! Since Clients have every opportunity to address any issues with hair and makeup prior to shooting, issues brought up after the fact are not grounds for refunds or credits.
Images in the proofing gallery are for viewing purposes only! Any reproduction or screen grab downloads are a direct violation of SEBP policy and a violation of artist copyright and Policy/Contract and Terms and Conditions! In other words, it is stealing, is illegal and not very nice! All violations will be prosecuted to the fullest 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. In the event we find you posting unauthorized copies of our work we will charge you the retail value of a digital web image ($60 per image posted) to your final product purchase order if not removed within 24 hours of our lawyer's demand to take down. Your proofing gallery expiration date is based on the date the proofing email was sent. It is Client's responsibility to schedule their time to accommodate proofing from their session. SEBP works hard to deliver on time and expects clients to order on time. Orders placed after the proofing period has expired will incur a one time $50 SERVICE FEE. Please understand that this is for workflow purposes. No exceptions!
SEBP will design all product orders in their vision for each client, unless specific instructions are received. This includes image arrangement for books, canvas wrap cropping and horizontal book overlay formatting. Images will be cropped to fit order sizes as SEBP sees most artistically pleasing. Dissatisfaction with product may be open to negotiation for replacement if client covers all costs for reproduction, lab and shipping costs unless there was a mistake with lab production. In which case, the lab will replace it. Books are subject to discoloration at the creases over time. The layflat 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 TO 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.*
Payment, Deposit, Cancellation, Rescheduling and Liquidated Damages
All payments made to Sweet Emotion Boudoir Photography for reservations fees, session fees, services and products are non-refundable. Sessions may be upgraded but never downgraded. If you pay by personal check or on a payment plan for products, SEBP will not begin post production on your order until the payment has been paid in full and/or has cleared. Deposits to secure your session date and time are accepted. The balance is due in full two weeks before session date. All web usage of our work is strictly monitored. Any professional use of images we created for a personal use boudoir experience session will be submitted to our attorney for a cease and desist and notice to the website hosting service to remove from the website for unauthorized use of our copyrighted work.
SEBP must keep a very strict policy on cancellations and rescheduling. Once you have submitted your payment for the 50% reservation fee or the session amount in full, there are no refunds. No cancellations. However, you may reschedule. Rescheduling must be arranged in writing 72 hours prior to the session date and must be done within sixty (60) days of session date. Reschedules are only permitted once. If you request to reschedule your session with less than 72 hours notice before your scheduled session, liquidated damages, in the amount of your session fee, will be incurred. 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 not be made up at the end of your scheduled time deducted from your session. If you are late more than a half hour, your session is forfeited and your session fee will be used as liquidated damages. If you cancel your scheduled session or do not pay the balance in full due two weeks before your session, fees already paid for will be use as liquidated damages.
Please allow 6-8 weeks for design from the date your order was paid in full and up to another week for lab production and shipping of product. Clients are responsible for providing a secure address for delivery. If an order shows delivered by the carrier but Client does not have order, SEBP is not responsible for stolen packages and the order can be replaced at cost of production and shipping. Rush orders are available for a 50% service fee of the entire order amount. SEBP reserves the right to refuse rush services to anyone.
Satisfaction and Retouching
Your satisfaction is of utmost importance to SEBP but all art is subjective. All images will be edited with our professional artistic vision, and, by choosing us as your photographer, you choose the style of our work and trust our judgment through the creative process. It is our goal to make you look like a polished you! We will clean up skin and give you the subtle nips and tucks that improve an image however we do not offer aggressive changing of the face, shape of the body, the removal of large tattoos, perfect skin tone matching or removal/changing of venue decor.
Clients may expect the quality of product that they reviewed 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. All sales are final. Hair and makeup services are included with all sessions and SEBP works with the same makeup artists who have contributed to the work showcased on the SEBP website. It is the client's responsibility to voice any issues she may have with the hair or makeup prior to being photographed so that the makeup artist can make any necessary adjustments. Clients may not use dissatisfaction with makeup or hair as a reason to default on their order obligation.
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 sized chosen by Client. In the event the Client does not want to lose any of the images in cropping, arrangements may be made with SEBP 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, SEBP 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. All deliveries are delivered signature required.
SEBP will make reasonable efforts to ensure that items delivered by a third party are suitably packaged for transit. SEBP cannot accept liability for loss or damage caused by a third party.
SEBP acknowledges that in the performance of the photographic services, they may receive information from the Client that is designated by the Client as confidential. 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 New York without regard to any conflicts. All claims, disputes, and lawsuits arising out of or in connection with this Contract from either party shall be resolved or adjudicated in the city of the Bronx in the State of New York.
The Client shall be responsible for the behavior of Client during their photography session. SEBP reserves the right to terminate the photography session without notice if they deems the Client's behavior to be unruly or unsafe. In such instances, SEBP reserves the right to retain the full session fee and collect the minimum order as damages. The Client will reimburse SEBP or their agents for any loss/damages caused to property or equipment. SEBP will retain the services of a collection agency in the event Client does not reimburse SEBP or their agents for any loss/damages caused to property or equipment.
Delivery of Products and Services
The supply of products and services are provided by SEBP on a best efforts basis. SEBP shall use reasonable efforts to meet agreed deadlines where applicable. SEBP shall not be liable for any delays in meeting any of their obligations that were due to causes beyond their 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
All prices shown within SEBP'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. SEBP 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, etc.), SEBP will endeavor to ensure that the data sent is not corrupt and is virus free. SEBP 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 SEBP is not corrupt and/or virus-free. It is the Client's responsibility to backup all images in electronic format received from SEBP. SEBP is not responsible for Client's loss of electronic images and will charge full amount for replacement.
Copyright and Ownership
a. In accordance with the United States Copyright Laws, the copyright of all images created by Sweet Emotion Boudoir Photography is owned by Sweet Emotion Boudoir Photography. Unless SEBP 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 SEBP's invoice. Any license is granted to the Client only upon payment in full of the amount due pursuant to SEBP's payment terms.
c. Client may never purchase the copyright of images created by SEBP.
d. By paying for a portraiture session, Client grants to Sweet Emotion Boudoir Photography, its assignees, licensees, legal representatives and transferees ["Sweet Emotion Boudoir Photography"] the right to use Client's name and likeness for promotional purposes of Sweet Emotion Boudoir Photography. Client irrevocably authorizes Sweet Emotion Boudoir Photography 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 Sweet Emotion Boudoir Photography. Client waives all rights to review or approve any uses of the Photographs unless specific opt out is noted on Client Questionnaire.
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 Sweet Emotion Boudoir Photography, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Sweet Emotion Boudoir Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Sweet Emotion Boudoir Photography 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 Sweet Emotion Boudoir Photography’s 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. Sweet Emotion Boudoir Photography 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 Sweet Emotion Boudoir Photography.
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 Sweet Emotion Boudoir Photography, 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 Sweet Emotion Boudoir Photography, and to reimburse them for any such expenses incurred.
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 Sweet Emotion Boudoir Photography. I acknowledge that I am agreeing to the agreement freely and voluntarily, and intend, by my purchase, to be a complete and unconditional release of all liability to the greatest extent allowed by law. SEBP reserves the right under the federal copyright law to use images they create to promote their business and if you prefer not to participate, please indicate such on Client Questionnaire.