We are pleased that you have selected BOUDOIR BY OLIN for your studio or on location photography services. BOUDOIR BY OLIN is honored to photograph you in our unique artistic style. This letter sets forth the terms and conditions of our engagement.

This agreement contains the entire understanding between BOUDOIR BY OLIN and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and must be signed by all parties. If the parties wish to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have a signed waiver in writing.

• Release of Liability. The Client agrees to release BOUDOIR BY OLIN from all liability arising from or related to their photography. This includes, but is not limited to, all liability for damages resulting from the active or the passive negligence of BOUDOIR BY OLIN or BOUDOIR BY OLIN 's agents. The Client will agree to arbitration methods by a BOUDOIR BY OLIN chosen party.

• No other commercial, semi-professional or professional photographers shall be allowed. Client must ensure that BOUDOIR BY OLIN will be the sole photographer. The Client agrees that BOUDOIR BY OLIN may, at their discretion, reposition people or objects, or direct changes to existing or supplemental lighting in the rare instance when such factors interfere with BOUDOIR BY OLIN ' duties. Client agree that BOUDOIR BY OLIN will be the only photographers that have exclusive rights to have any photographs from the Session published in any form. In the event that BOUDOIR BY OLIN is not the sole photographer at the Session, BOUDOIR BY OLIN has the right to choose to stop photographing the Session or the Client at any time during the Session and BOUDOIR BY OLIN will retain all monies paid to date without having to deliver any products or images. The Client agrees that having an additional photographer at the Session is a breach of contract and will result in a forfeit of all monies paid to date. CLIENT may not bring a friend that is a semi-professional or professional photographer anytime during the session or the order session.

• Coverage time begins when a photographer of BOUDOIR BY OLIN arrives at the desired location at the agreed upon time or when the scheduled session time at BOUDOIR BY OLIN studio begins.

• Cancellation or change of date must be submitted in writing. Cancellation by the client will result in loss of original complete session fee with an additional possible session coordination fee of $50 and a cancellation fee of $150. If the client should request a reschedule or date change, they must do so at least 168 hours before the initially scheduled Session, or a reschedule fee of $100 will be applied. The deposit may be applied to the new date, assuming availability of BOUDOIR BY OLIN. Date transfers with concurrent deposit transfers are limited to one occurrence only. Pricing of the original Session does not apply to the new date; current rates will apply. If a session is rescheduled by BOUDOIR BY OLIN, or due to weather deemed inappropriate for photography by BOUDOIR BY OLIN , there will be no rescheduling fee. Cancelled sessions or no shows will forfeit their retainer and are subject to a $150 cancellation fee plus a session coordination fee. Rescheduled sessions must take place within 30 days of original session date depending on BOUDOIR BY OLIN studio calendar or you will forfeit your retainer. Priority will be given to new clients. CLIENT that is 10 minutes late to their session is considered a no show and cancelled.
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Minisessions cannot be rescheduled. CLIENT that is 1 minute late to the minisession is considered a no show and cancelled.

• Mini sessions may not be rescheduled. CLIENT that is 10 minutes late to their mini session is considered cancelled. Mini session photography times begin on the scheduled session time and not when CLIENT arrives.

• CLIENT is subject to a session coordination fee of 20% of the original session price if rescheduling or cancelling a session with make up and hair services.

• CLIENT may not bring a friend to their SESSION.

• CLIENT understands that photographer might be touching CLIENT'S body to adjust clothing, hair, make up or posing, for creative styling.

• BOUDOIR BY OLIN offers boudoir photography for women 18 years of age or older. Please be prepared to offer a picture ID with proof of age upon request.

• Payment for any reservation deposit may be paid via check, cash or credit card using ShootQ, Calendly, Samscart Shootproof or Stripe. If for any reason check should be returned without payment, a $100 returned check fee will apply and BOUDOIR BY OLIN will not continue to hold the session date until the deposit and the returned check fee have been paid in full. Final payment must be in the form of a US postal money order, cash or check. For final payment credit cards may be used directly through the phone or via Calendly, Samscart, ShootQ, Shootproof or Stripe.

• A non-refundable session fee of half of your session fee is due within 5 days of scheduling your photography session. BOUDOIR BY OLIN SHALL HAVE THE RIGHT TO CANCEL YOUR SESSION DATE OR TO GIVE IT TO ANOTHER CLIENT IF IT DOES NOT RECEIVE THE SESSION FEE within five days of booking. The fee shall be good for services performed on the originally scheduled date.

• The session fee pays for your in-person or phone pre-session consultation, photography time as stated by your session type at your photography session, image preparation and editing, and one in-person order session.

• Only the person being photographed may attend the session. ABSOLUTELY NO PHOTOGRAPHIC, VIDEO, FILM, DIGITAL OR RECORDING DEVICES OF ANY KIND ARE PERMITTED DURING A SESSION except those of BOUDOIR BY OLIN.

• All photographs must be viewed only at the in-person ordering session in our studio or online using Anydesk or a screen sharing program conducted by BOUDOIR BY OLIN.

• BOUDOIR BY OLIN reserves the right to terminate any session due to any failure of the client to adhere to the requirements set forth in this Agreement or if the subject being photographed is behaving in a manner that BOUDOIR BY OLIN deems inappropriate or inconsistent with the purposes of the session. In the event of any such termination, BOUDOIR BY OLIN may offer to schedule a new session at its discretion; however, it is under no obligation to do so. Under no circumstances will the session fee be refunded.

• BOUDOIR BY OLIN is pleased to offer its clients the option of adding services of highly skilled hair and makeup artists . It is the client’s responsibility to let BOUDOIR BY OLIN know at booking of any skin condition or allergies, so that we may advise our hair and makeup artists prior to your session date.

• In the event that BOUDOIR BY OLIN provides either a hair and/or makeup artist , BOUDOIR BY OLIN is not liable for any services provided by this independent contractor. Further, the client agrees to release BOUDOIR BY OLIN as well as the hair and makeup artists from liability for any skin complications due to allergic reaction to products used.

• If a client who has opted for hair and makeup services requests their session to be rescheduled less than 48 hours before the scheduled date, she will be responsible for the full cost of rebooking those services.

• BOUDOIR BY OLIN prides themselves in being experts in helping their clients choose flattering wardrobe and styling choices. However, the client is ultimately responsible for final choices in wardrobe, makeup, and hairstyling. BOUDOIR BY OLIN regrets that reshoots due to dissatisfaction with these choices are not available.

• Sessions will begin and end promptly as agreed upon and scheduled and not when client arrives. Additional photography time may be purchased in half hour increments for $150 per half hour, photographer availability and schedule permitting.

• All orders will be placed at the order session, 2-6 weeks after your photography session. This order session will last approximately 1/2 - 1 1/2 hours. During the order session, the client will view all of the session’s images either on projected or tv screen formats or via printed proofs. Order sessions may be rescheduled once, but in rare instances, where additional order sessions are requested, an hourly fee of $150 will apply.

• The client’s spouse, friend, family partner, or significant other is welcome to attend the order session to assist the client in ordering decisions and to order for themselves.

• BOUDOIR BY OLIN offers professional retouching services or a fee of $75 per half hour, including removal of wrinkles, tan lines, or other such details. Any other complicated retouching beyond these services shall be billed at $125 per half hour.

• Pricing for all products are subject to change at any moment before purchase.

• All orders must be placed at the time of your order session. ALL PRODUCTS MUST BE PAID FOR IN FULL BY THE END OF THE ORDER SESSION UNLESS CLIENT OPTS FOR A PAYMENT PLAN. DUE TO THE CUSTOM NATURE OF ALL PRODUCTS, ALL SUCH PAYMENTS ARE FINAL AND ARE NOT REFUNDABLE. It is recommended that you prepare lists of the types and quantities of products that you are most interested in ordering, along with all necessary wall measurements. While you are free to add items to your order, any removal of items in your order, once you have left the studio, will incur a $200 fee which will be billed at the time your order arrives. All ordered images will be archived for six months for reorders and unpurchased images are deleted 30 days after ordering appointment. Images may be reinstated from the archive with a minimum order of $200. Once deleted, discarded images are not recoverable.

• BOUDOIR BY OLIN offers payment plans to all clients. Post session payment plans only applies to product orders over $400. Pre-payment plans applies to product orders over $800. ALL PAYMENTS ON THE PAYMENT PLAN MUST BE COMPLETED BEFORE ANY PRODUCTS OR CLIENT ORDER IS PLACED. DUE TO THE CUSTOM NATURE OF ALL PRODUCTS, ALL SUCH SALES AND PAYMENTS ARE FINAL AND ARE NOT REFUNDABLE. Payment plans are offered for a maximum duration of 12 months and will include taxes. Any uncompleted payments on a payment plan will not be refunded and all monies are forfeited. Client understand that payments must be completed within 12 months. Any late payments will incur late charges.

• A late charge of 5% per week shall incur for payments that are late.

• Unless a product is contracted before the session, availability and pricing of all products and albums are subject to change without notice.The Client understands that due to the inherent qualities of photographic dyes and materials, the photographs may fade or discolor over time. The Client agrees to release BOUDOIR BY OLIN from any liability for any claims based whatsoever upon fading or discoloration due to such inherent qualities.

• Proofs are corrected for color and contrast and may not include artistic enhancements or touch-ups. All physical proofs are unmarked. All online proofs shall be watermarked BOUDOIR BY OLIN reserves full editorial rights to the images captured at the event and the photographic medium employed to meet his technical and artistic quality standards.

• Product credits are only applicable to products other than prints such as: albums, slideshows, videos, framed wall galleries, canvas wall galleries, folios, print boxes and glass boxes.

• Completed orders may be picked up during normal business hours, and you will be notified when your products are ready. While we anticipate that print orders will be filled in approximately 3-4 weeks , BOUDOIR BY OLIN makes no guarantees in this regard. Rush orders can be placed for an additional fee of 50% of the order fee. Once your portraits are picked up, there are no returns or exchanges, so please be certain to inspect your order carefully.

• BOUDOIR BY OLIN is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. If you choose to have your order shipped, there will be shipping charges and we must be notified within 24 hours of any problems.

• BOUDOIR BY OLIN is not responsible or liable for any failure to provide any services due to any act of God, weather event, act of government, or any other occurrence, act or event which is outside of BOUDOIR BY OLIN’s exclusive control. In addition, BOUDOIR BY OLIN shall not be responsible for equipment failure or the failure of any software or other computer or electronic medium which results in any damage to any proofs, negatives, digital files, prints, or photos or which result in the inability to print or duplicate any of the foregoing.

• BOUDOIR BY OLIN has earned a reputation for discretion in sharing our work. Please be assured that we value your privacy. In order to educate future clients on our style of boudoir photography, the ability to share images in crucial. Therefore, we would appreciate permission to use our final images in marketing materials and on our website. Please let us know which privacy level you feel comfortable with in our session questionnaire or in writing:

• That's great, feel free to use my photos!
• Please ask my permission when selecting the photos.
• Please just use photos of my face.
• Feel free to use my photos, just without showing my face.
• Please do not share any images.
• I would rather not have my photos published.
• Only in the private Facebook group

• If client grants BOUDOIR BY OLIN rights to share images, BOUDOIR BY OLIN shall have the right to use all negatives, files, proofs, photos, prints and all images and likenesses therein in connection with its display, social media and marketing efforts. Client grants BOUDOIR BY OLIN a royalty-free, fully paid, and irrevocable license to use all such materials for its commercial and artistic purposes. Client represents that they have the authority to grant the same.

• BOUDOIR BY OLIN may post photographs of Client from Event on BOUDOIR BY OLIN's private ladies only Facebook group.

• If client does not grant BOUDOIR BY OLIN rights to share images, BOUDOIR BY OLIN will not use negatives, files, proofs, photos, prints and all images and likenesses therein in connection with its display and marketing efforts.

• BOUDOIR BY OLIN’S’ liability for its provision of products and services hereunder shall be limited to the amounts paid to BOUDOIR BY OLIN hereunder.

• Client agrees to be responsible for any damage occurring to any of BOUDOIR BY OLIN’S equipment or property during or as a result of the event or the actions of the session other than damage which results solely from BOUDOIR BY OLIN’S negligence

• While BOUDOIR BY OLIN strives to provide its clients with the utmost in photography services, BOUDOIR BY OLIN is first and foremost, an art studio with an established style and reputation. While BOUDOIR BY OLIN regularly works with its clients to deliver photographs which will meet their individualized needs, BOUDOIR BY OLIN reserves the right to exercise full artistic control over the nature, number, and types of pictures it creates. BOUDOIR BY OLIN will not recreate photographs taken by other photographers.

• BOUDOIR BY OLIN reserve the right to edit and release only those images deemed creditable as professional in quality and within BOUDOIR BY OLIN 's artistic standards. Images are selected and edited at BOUDOIR BY OLIN 's discretion.

• BOUDOIR BY OLIN retains the right to cancel the session and retain the retainer 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, bed, etc.), tattoos, piercings, surgeries, etc.

• BOUDOIR BY OLIN retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a gallery of at least 10 photographs per look to select from and shall not receive any photographic materials not presented to the Client. BOUDOIR BY OLIN also retains the right to make adjustments to the photographs in post-processing as BOUDOIR BY OLIN deems within their creative control. BOUDOIR BY OLIN retains the right to not display or disclose photographs not deemed appropriate by our standards.

• BOUDOIR BY OLIN shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If BOUDOIR BY OLIN desires to make other uses, BOUDOIR BY OLIN shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

• BOUDOIR BY OLIN does not provide the Client permission to resize photographs for Internet-based usage.

• The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “Boudoir By Olin - www.boudoirbyolin.com” in the caption of all photographs uploaded to social media websites and profiles.

• BOUDOIR BY OLIN does not guarantee that any Client's photos will be published or posted on any publication, BOUDOIR BY OLIN Facebook, Instagram, website, social media or our Private Facebook Group. BY OLIN Facebook, Instagram, website, social media or our Private Facebook Group. Photos selected for publication are randomly selected and on random dates.

• BOUDOIR BY OLIN retains creative control of the session. This control is including but not limited to the adjustment of hair, style, makeup, jewelry, clothing, and clothing straps.

• BOUDOIR BY OLIN reserves the right to stop a session at any time. BOUDOIR BY OLIN reserves the right to stop photographing when the nature of the session has gone off the style determined by BOUDOIR BY OLIN.

• All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of BOUDOIR BY OLIN.

• All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.

• Online proof gallery uploaded for view within 6 weeks after the date of the in person sales session or 12 weeks from the event. Digital images and proofs will be delivered within 2 weeks after release of online proof gallery. Albums and products shall be mailed within 20 weeks of purchase.

• Online proof gallery will be available online for a period of 2 weeks for full sessions and for 1 week for minisessions and will expire thereafter. Online proof galleries can be reactivated for a gallery reactivation fee of $200 for 2 weeks.

• All portrait sessions in California are subject to State Sales Tax.

• The charges in this agreement are based on the BOUDOIR BY OLIN’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Prices may be subject to change at any time.

• The use of alcohol, medication that causes drowsiness and drugs is permitted on the BOUDOIR BY OLIN's premises by our discretion only. The Client understands that consumption of alcohol and drugs prior to and/or during the session may negatively impact the results of the images.

• BOUDOIR BY OLIN will add all Client or Client's email to our email database, newsletter mailing list and private Facebook group. Client can choose to opt out thereafter.

• Client understands that when sharing photos online via personal website, Facebook, Instagram, Snapchat, etc., Client must credit BOUDOIR BY OLIN, include BOUDOIR BY OLIN's website: www.boudoirbyolin.com, and, will not edit the photos in any way, including removing the watermark, cropping the image, adding filters, or any other creative alterations.

• In the event that a Client/Party/Vendor are unreasonable or hard to work with at any time even before the Event, BOUDOIR BY OLIN reserves the right to refuse the client without returning the retainer fee or any monies paid. BOUDOIR BY OLIN shall have no futher liability with respect to the Contract to photograph the session.

• Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $350. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

• From time to time, events overtake the ability of the parties to a contract to allocate the risk of nonperformance. Such events are often addressed by a “Force Majeure Clause” allowing a party to suspend or terminate performance when circumstances which the parties could not have anticipated, or which are beyond their control make performance of the contract impossible or impracticable.

The current world-wide Coronavirus (COVID-19) pandemic has had unprecedented impacts on photography, including, but not limited to, travel restrictions, self-imposed and government required isolation, and closures of both governmental and private offices required to facilitate photography. Accordingly, in the event complying with a photo session is not possible or practical as a result of unforeseen circumstances related to the COVID-19, such as Client or Photographer's inability to travel to photo and reveal sessions, or otherwise (hereinafter “Unforeseen Circumstances”) the Client agrees as follows. All other provisions of the Agreement remain in full force and effect:

1. Client and Photographer agrees to postpone sessions up to 180 Days to accommodate Unforeseen Circumstances, after which either Client or Photographer may cancel the Agreement. All retainer and deposit shall not be returned to Client. No Notice to Client shall be required.

2. If Client’s inability to fund their purchase is due to Clients’s loss of income from COVID-19 related issues, then either Photographer may cancel the Agreement and Client’s deposit and all monies paid shall not be returned to Client.

Photographer reserves the right to discontinue service in the event that an unsafe condition arises such as an area being affected by a communicable disease.

• BOUDOIR BY OLIN shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

• The parties will attempt through good faith negotiations among themselves, and not through mediation with a third party, to resolve their disputes. The term "disputes" includes but is not limited to any disagreements concerning the existence, formation and interpretation of this agreement. If the parties hereto are unable to resolve their dispute by good faith negotiation, any controversy or claim, including a tort claim, arising from or related to this Agreement will be determined by arbitration as follows:

(a) Arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures when applicable.

(b) Either party may commence the arbitration by sending a written notice of arbitration to the other party.

(c) The arbitration venue shall be in the County of Sacramento, California,

(d) Arbitration shall be conducted by a single arbitrator who is an attorney or judge knowledgeable in the matters relating to such dispute.

(e) The arbitrator shall follow California law and shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

(f) Notwithstanding anything contained herein, the parties reserve the right to seek a judicial temporary restraining order, preliminary injunction or other similar short term equitable relief prior to the appointment of the arbitrator.

By signing this contract, Client acknowledges that they have read and agree to this arbitration provision in its entirety.

If any party to this Agreement will institute an arbitration or any other action or proceeding to interpret or enforce this Agreement, or to obtain damages by reason of any alleged breach of this Agreement, in addition to an award of damages the prevailing party will be entitled to recover costs of suit or arbitration and a reasonable sum for attorneys' fees, all of which will be deemed to have accrued upon the commencement of such action and will be paid whether or not such action is prosecuted to award/judgment. The award/judgment or order entered will contain a specific provision providing for the recovery of attorneys' fees and costs incurred in enforcing such award/judgment or order. For the purposes of this section, attorneys' fees shall also include fees incurred for post-judgment services, including but not limited to: contempt proceedings, garnishment, levy, debtor and third-party examinations, discovery and bankruptcy litigation.

If prior to completing arbitration, any party commences legal action against the other in any court of law, including small claims or limited jurisdiction courts, other than for the specific purposes set forth in this agreement, said party shall not be entitled to an award of attorney's fees in any venue including arbitration or a court of law, even if said party is the prevailing party.


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Please make checks payable to MILOU AND OLIN PHOTOGRAPHY at 1515 North C Street, Sacramento, CA 95811

Again, we look forward to combining BOUDOIR BY OLIN’S unique art and style with your vision to produce a rewarding experience and photographic products. If you agree with the terms of this Agreement, please sign in the space provided below.