DEFINITIONS

The term “Photographer” refers to Diana Scheunemann Photography LLC and all agents, employees, or other representatives.

The term ''Client'' refers to the Client and all agents, employees, or other representatives.

The term “Session”, "Photo Session", ''Shoot'', “Event”, "Photographic Session" and “Photography Session” refers to a hired photographic session for the purposes of taking custom photographs for boudoir/portrait photography.

The terms “Agreement” and “Contract” refer to this duly executed contractual obligation between Parties.

TERMS AND CONDITIONS

BOOKING AND PAYMENT

The Photographer's total fee for this session (“session price”) is a non-refundable payment (“non-refundable payment”) and must be paid within three (3) days of signing to execute the Agreement.

This is a non-refundable payment that is a deposit required to reserve your session. It is used as credit for your products and not redeemable as cash.

The listed date will not be reserved until this Agreement is fully executed. Upon payment, the Photographer will reserve the time and date agreed upon by both Parties. The Client agrees that this non-refundable payment is earned by the Photographer when paid and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.

Payments are due by the dates stated in the Payment Schedule above. Photographer utilizes a secured credit card processor to process all payments. The Client agrees that the secured credit card processor stores the credit card information for the Photographer to charge any fees, rescheduling fees and/or remaining fees. The Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event enforcement of this Agreement becomes necessary. All payments made are non-refundable.

PRE-SESSION CONSULTATION & REQUESTS

The Photographer and Client agree to an optional pre-session consultation prior to the session. The consultation will work to discuss the Client's particular requests. All specific photographic requests will be received by Photographer during this consultation.

SESSION DETAILS

The photographic session will occur at the date specified above unless otherwise agreed upon. If the Client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved, such as location access fees, parking, and other expenditures directly required to fulfill this Agreement.

The photography session will occur for up to one (1) hour, including preparation and dressing or as specified in the add-on options. This time is exclusive of any initial hair and makeup styling.

The Client may have up to three (3) outfits for the photographic session or as specified above.

STYLING

The Client will retain full responsibility for styling choices, including but not limited to wardrobe, makeup, and hairstyle. Photographer discussion and comments will only be construed as professional recommendations for consideration and not be deemed final choice. The Client does give Photographer permission to touch their person during the session. This includes, but is not limited to, adjustment of straps, clothing, and hair. All styling choices made by the Client at the event are final, and no additional photographic sessions will occur due to styling choices.

FREE WILL AND CONSENT (Not applicable for sessions with minors)

Client retains complete discretion of their level of dress or nudity. The Client will communicate all preferences regarding nudity with the Photographer. The Client understands that while a photograph may require full or near full nudity to be achieved, the decision to take such a photograph is entirely the Client's.

The Client agrees that all poses, positions, and situations within the session are covered in the release or entered into without force, coercion, or threat. The Client agrees to hold Photographer blameless and free of all accusation of such force. The Client agrees that all poses were willfully done. The Client agrees and understands that they are not to be under the influence of any drugs, narcotics, alcohol, or any other substance during the duration of the session.

COMPLETION SCHEDULE

Completion schedules and product delivery will be determined from the date of final approval by the Client. Wall art and albums will take up to eight (8) weeks from the time of order to be processed. Pickup depends on the Client's availability to schedule a pickup appointment. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.

The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee of $350 will be applied to expedited product requests. The Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

The Photographer does not provide archival services. All photographs and products must be purchased at the Reveal & Order Session.

USE OF INDEPENDENT CONTRACTOR

In the event a third-party Independent Contractor is hired for services and/or products for the photographic session, the Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor or for products provided by such Contractor. The Client agrees to indemnify and hold harmless Photographer for the same. The Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Contractor and agrees to communicate with the Independent Contractor regarding the provision of services by the Contractor. The Client will retain full responsibility for failing to provide feedback on any services, including hair and make-up, prior to the session. The session will not be re-photographed due to dissatisfaction with these services without prior notice.

PHOTOGRAPHIC MATERIALS & ARTISTIC DISCRETION

All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of the Photographer. Under no circumstance will the Photographer release RAW images to The Client. The Client will only use the photographic prints, including digital files, in accordance with the Print Release, which will be incorporated with this agreement.

The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer does not guarantee a minimum number of images for a session. The Client will be presented a gallery of photographs to select from at the Reveal & Order Session and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to creative control in post-processing. Additional processing may be requested for $100 (hundred) per file.

The Photographer retains the right to cancel the session and retain the initial nonrefundable payment amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray tan, tanning bed, etc.), tattoos, piercings, surgeries.

The Photographer will utilize the photographic materials in accordance with the Client's Model Release. No photographic materials will be distributed publicly until the Client has had an opportunity to review. Any restrictions on publication will be governed by the Model Release.

PRODUCTS INCLUDED & PURCHASES

No products are included within the session price. For purchase of images and products, Photographer will present the images during the Reveal & Order Session.

Reveal & Order Session: The Photographer will make gallery proofs available through an agreed upon in-person (or on Zoom) Reveal & Order Session. All orders must be placed during the Reveal & Order Session. No archival services are provided. All sales are final. The purchase of the mobile app does not include technical support.

LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE

If Client purchased digital files, the Photographer grants Client a non-exclusive, non-transferable, perpetual personal-use license to download and copy the Photographer's copyrighted digital photographs, according to the following terms:

COPYRIGHT: The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer's written consent. Photographer owns all copyrights for any and all images produced in connection with this Contract. The Photographer shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by Client, without written consent of the Photographer, Client will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate.

LOSS: The Photographer is not responsible for the loss of Client's digital images or products once they have been delivered. It is Client's responsibility to back up Client's images upon receipt.

PERSONAL WEB USE: The Photographer permits Client to post their copyrighted digital images for personal use on social media. The copyrighted digital images may not be posted on business social media pages without the express written consent of the Photographer.

PERSONAL PRINT USE: The Photographer permits Client to print their purchased copyrighted digital images for personal use up to 8x10in.

ALTERATION OF DIGITAL IMAGES: The alteration of the purchased digital images through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc., is prohibited and is considered a copyright violation under Federal Copyright Law.

COMMERCIAL USE/PERSONAL USE FOR MONETARY GAIN: Commercial use, or personal use for monetary gain, on the web or in print is strictly prohibited, unless written permission has been obtained from the Photographer.

OTHER TERMS: Any other utilization or reproduction is specifically prohibited without the express written consent of the Photographer. Nothing contained herein shall be deemed a release of the Photographer's copyright on any of the digital images.

COOPERATION

Photographer is not responsible for behavior of Parties involved with the shoot, with the exception of Photographer personnel. If the desired outcome of your session is jeopardized by the behaviors of Parties involved with the exception of Photographer personnel, Photographer cannot be held responsible. The Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.

IN-SESSION EVENTS

The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund or reschedule available to Client.

The use of all recordings, including but not limited to video, phone, digital camera, or audio is strictly prohibited by any individuals at the session.

The session will be restricted to the Client and one (1) individual.

The use of alcohol is not permitted during the session. If Client appears intoxicated Photographer may terminate the session immediately and retain all monies paid.

SUBSTITUTE PHOTOGRAPHER

The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The original terms of this Agreement will remain in effect.

CANCELLATION

If the Client cancels within thirty (30) or more days of their photography session, the session fee payment will be forfeited. Additionally, if the Client booked a discounted session fee, the difference in price between the paid discounted session fee and the session fee set forth in the Photographer's Standard Price List at the time of booking will be charged.

If the Client cancels within fourteen (14) days of their photography session, the session fee payment will be forfeited and a cancellation fee of $100 will be charged. Additionally, if the Client booked a discounted session fee, the difference in price between the paid discounted session fee and the session fee set forth in the Photographer's Standard Price List at the time of booking will be charged.

If the Client cancels within seventy-two (72) hours of their photography session, all submitted payments will be forfeited and a cancellation fee of $250 will be charged. Additionally, if the Client booked a discounted session fee, the difference in price between the paid discounted session fee and the session fee set forth in the Photographer's Standard Price List at the time of booking will be charged.

NO-SHOW

If the Client fails to show at the event, the session fee payment will be forfeited and a cancellation fee of $500 will be charged. Additionally, if the Client booked a discounted session fee, the difference in price between the paid discounted session fee and the session fee set forth in the Photographer's Standard Price List at the time of booking will be charged.

RESCHEDULING

If the Client submits a written request to reschedule their photography session fourteen (14) or more days before the agreed upon photography session date, the submitted nonrefundable session fee will be applied to a mutually agreed upon rescheduled date and adjusted to the session fee set forth in the Photographer’s Standard Price List at time of request.

In the event the reschedule request occurs within fourteen (14) days of their photography session, the Client will be required to remit a new initial nonrefundable payment, as set forth in the Photographer’s Standard Price List at time of request. All reschedules are subject to Photographer’s discretion.

LATE ARRIVALS

Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client.

WEATHER

In the event that the weather conditions are not desirable for the session based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer discretion.

FAILURE TO PERFORM

If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic session. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to cost of the contract. In no event will Photographer be liable for any amount exceeding the cost of the contract.

HEALTH & SAFETY

Client understands that Photographer complies with all health and safety laws, directives, and rules and regulations. Client expressly agrees that Photographer shall not be exposed to severe illness (incl. COVID-19) or request the Photographer to do anything illegal or unsafe.

In case Client, Photographer or independent contractors that will be present during the session, feel sick within two weeks before the session a positive COVID-19 test needs to be provided to reschedule the session to another date within an individually agreed upon timeframe.

Further, Photographer will not provide services in any location or area deemed to be unsafe in their sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Photographer reserves the right to end the session immediately. Photographer shall be entitled to retain all monies paid and Client agrees to relieve and hold Photographer harmless.

WAIVER: Client assumes all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom.

INDEMNIFICATION & LIABILITY

Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of delivery. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for a waiver or forgiveness of any fees that may still be outstanding.

LEGAL MISCELLANY

This Contract incorporates the entire understanding of the Parties. Any modifications of this Contract must be in writing and signed by both Parties. Any waiver of a breach or default hereunder will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.

If either Party to this Contract brings a legal action against the other Party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing Party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

The Parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Texas and the County of Hays with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the Parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State any action may be commenced, this Agreement will be deemed to have been made in such State and will be governed by and construed in accordance with the laws of such State.

Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not apply in interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any Party.

Failure by the Photographer to exercise any provision, right or portion of this Contract or enforce any portion of this Contract shall not be deemed a waiver of any right contained in this agreement.

If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect.

This contract is non-transferable to another person.

NOTICE

Parties will provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent by email to the address listed above.

BY SIGNING THIS CONTRACT, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT, INCLUDING THE NON-REFUNDABLE NATURE OF THE SESSION PRICE AND THAT ALL SALES ARE FINAL.