TERMS AND CONDITIONS

1. PARTIES: This portrait photography contract, referred to as the “Agreement,” sets forth the terms under which Miranda Marie LLC, doing business as Le Boudoir Studio, alternatively referred to as “we,” “our,” “us” or “photographer” will photograph you, alternatively referred to as “you,” “your” or “Client.” Collectively, you and we are referred to as the “Parties.”

2. COMMUNICATION AND MARKETING: By entering your phone number and opting in to receive text messages, this text messaging campaign sends appointment information – confirmation & reminder messages to customers once they have booked an appointment with Le Boudoir Studio on website and opted in to receive promotional and notification SMS from Le Boudoir Studio. a. You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you. b. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to {support email address or toll-free number}. c. Carriers are not liable for delayed or undelivered messages. d. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider. e. For privacy-related inquiries, please refer to our privacy policy: https://leboudoirstudio.com/privacy-policy/.

3. COLLECTION SELECTION: a. b. {initial}

4. a. Once you have chosen a specific collection, you may not downgrade your collection. You may however transfer your payments made leading up to your session towards a larger package, or exchange your collection for applicable products of equal value before your session date and/or upgrade your products so long as your photographs/order has not gone to print. If your photographs have gone to print, you may not exchange your collection/product. If an indoor boudoir session takes place and a second location is wanted, (For Ex: outdoor), this must be predetermined at the time of booking due to fee, scheduling, and time requirements, and will require a minimum of a $400 fee in addition to your original session fee in order to shoot at BOTH locations. If one location is canceled, the fee will remain due to it being prescheduled. DEPOSITS AND PAYMENTS: For all photo sessions, we require a non-refundable session fee in the amount of $500.00 to hold your session date and time. Any additional payments made prior to your session will also be considered part of the non-refundable deposit. b. c. Payments, including Itrade are non-refundable. Gift cards and Vouchers are non-refundable, as are session fees paid with gift cards and vouchers. Any gift card or voucher amount is considered your deposit amount plus any additional payments. d. Two methods of payment are required to be on file at all times for those that are enrolling in pre-session payment plans. If no card on file, the amount will be due before any product is received and/or viewed. {initial}

5. SCHEDULING: a. Once you sign this Agreement and pay the required deposit, we will reserve that date and time agreed upon. We do not offer refunds in the event you need to cancel your scheduled session. However, we will reschedule your session subject to the conditions set forth below. b. If you need to cancel your session and/or reschedule, the request must be made at least 14 calendar days in advance of your scheduled session to avoid a cancellation fee. If your Session is scheduled to take place outside Maricopa County, we will require a one month notice to reschedule or cancel your session and the same location cannot be guaranteed. c. In the event you cancel with less than 14 calendar days advance notice for sessions inside Maricopa County, you will be charged $250 for a cancellation and rescheduling fee. If you cancel with less than 72 hours, you will be charged $500 for a last minute cancellation and rescheduling fee. In the event you cancel less than 30 calendar days advance notice for sessions outside Maricopa County, you will be charged 50% of your initial session fee as a cancellation fee for each occurrence. If no card has been charged because we don’t have your credit card number on file, or we have an incorrect credit card number, or your credit card is declined, you will be required to pay your fees before a new session date is scheduled. d. If a maternity boudoir session has been scheduled and cannot be completed for any reason, you can use the deposit you have paid for another session type in our Le Boudoir Studio Branch. We will not charge reschedule fees for maternity clients when the reschedule is due to medical necessities or birthing date changes. e. If you request to reschedule your session more than twice, the third and final date is at the discretion of the photographer and will require an additional $500 session fee payment made on top of the existing cancellation fees as listed above in section 4c. f. If you choose to cancel a session completely and not reschedule, or if you do not reschedule a cancelled session within 6 months of your original session fee date, you will forfeit the entire amount paid including any gift cards or vouchers. g. If you are running more than 30 minutes late there will be a $50 fee if we can still accommodate your session. If we cannot accommodate your session because of your tardiness, you will incur a rescheduling fee equal to section c above (rescheduling without 14 days notice or 30 days notice for out of Maricopa County sessions). {initial}

6. ALCOHOL AND ALLERGIES: a. We do not provide alcohol to clients. If you choose to drink alcohol before, during, or after your session you do so at your own risk and you assume all risk associated with such activities. b. If anyone else accompanying you to your session suffers from any allergies or other potentially life-threatening medical condition, it is your responsibility to notify us of the condition. c. If any food/props are brought or used at your session, we are not responsible for any allergies/accidents that may occur. {initial}

7. HAIR, MAKEUP AND ATTIRE: a. A hair styling and makeup package is required for our Boudoir photography Branch. If you add hair and make-up to any type of photography session where it is not included, the deposit and payment policies set forth in Section 3 also apply to hair styling and makeup packages/services b. If we have scheduled hair and makeup for your shoot, you may not cancel hair and makeup. Hair and makeup artists are subject to the same deposit and scheduling requirements set forth above in Sections 3 and 4, respectively. c. If we have scheduled hair and makeup for your shoot and supplied the hair and/or makeup artists, it is your responsibility to communicate with them until you are happy with the results. We are not liable for the unsatisfactory outcome of your photos due to hair and makeup results, and we will not reshoot your session because you are not happy with your hair and/or makeup. Please also be advised that we are not responsible for allergic reactions or any other reactions to makeup. It is your responsibility to inform of us any skin sensitivity to certain products. d. You are responsible for supplying your own attire for your session. We are not liable for ill-fitting attire, or your dissatisfaction with attire, and we will not reshoot your session because you are not happy with your attire. {initial}

8. THE PHOTO SESSION a. You have probably chosen to work with us because you have seen the high quality of our work, and you would like us to produce photographs of similar high quality for you. To that end, you agree to give us creative control over the location of the session as well as any poses or lack thereof executed at the session. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the photographer, the photographer may elect to use an alternate location or to reschedule the session. We reserve the right to refuse a requested location for any reason. If you are uncomfortable with a location or a pose, please tell us. b. We may end the session at our discretion if we determine that we have captured adequate images both in terms of quality and quantity or if anything inappropriate by nature, including irresponsible drinking of alcohol takes places by you, the client. If the session is ended prior to the maximum amount of allotted time, there will be no refund or credit for unused time. We will produce anywhere between 30 and 85 images from an average session. If the total number of images is above or below this amount there will be no credits given or extra charges applied. c. If you request additional hours for a photo session after we have determined the session is concluded, and the photographer is available for additional time, the following fees will apply: i. $200 fee. Each new outfit worn during the additional time will incur a d. Miranda Marie LLC, doing business as Le Boudoir Studio, is the exclusive official studio retained to perform the photographic services requested on this Agreement. We will choose the photographer who will shoot your session, and you understand and agree that the type of work we will produce will be of similar style and caliber to the images shown on our blog/website. e. We may, without notice, substitute another professional photographer of our choice to take the photographs in the event of a photographer’s illness or a scheduling conflict. In the event that we cannot substitute another photographer and must cancel the scheduled session, we are not liable for any refund if the session can be reasonably rescheduled. {initial}

9. THE PHOTOGRAPHS: a. Proofs from your session will be completed within 1 to 3 weeks of your session date unless you are notified otherwise. There is no time guarantee on when your product will be ready, although we will try our best to meet your time requests. The viewing of proofs is online. If you are unable to pick out and/or download your images within 2 weeks of proofs being available, we can make the proofs available online again for nominal fee of $25 for an additional 2 weeks. Product credit will not be renewed. b. Once you have selected the proofs you would like to include in your album, we will email you a link to view your album online. If album approval is needed and not received from you within 30 days of viewing the online album, we will not produce the album until you have given us permission. If after 3 months there is no communication from you, additional charges will apply to resume your album production if we still have access to your images. If changes are requested to an album after two rounds of changes, a rate of $80 per hour will apply, with a one-hour minimum charge. No edits are permitted after printing. c. Photos that you have selected to include in your album or other product(s) are edited as needed, including airbrushing and touching up of under-eye circles and blemishes. Heavier editing, such as removing tan lines or pulling in thighs for example, is performed at a rate of $80 per hour, with a one-hour minimum charge. d. Once your album is printed, complimentary in-state drop-shipping is offered. Shipping is at your own risk and we are not responsible for items lost or damaged in shipping. e. You may also purchase your photos in a digital format for an additional cost if not included in your package. All digital photos will be lightly airbrushed as needed, provided in HIGH resolution, and suitable for prints up to 8×12 inches. Additional editing of your digital photos is available at $80 per hour, with a one hour minimum. If you would like FULL resolution images, a $500 charge will apply on top of your 8×12 high resolution digital photo cost. f. No part of any order, including previews and proofs, will be delivered until the balance due for services is paid in full. g. We do not offer reshoots of sessions for any reason, except for the reasons set forth below in section 10(a). {initial}

10. ACCIDENT WAIVER AND RELEASE OF LIABILITY: a. We strive to make your photo session(s) safe and fun, however in the course of life, accidents can happen. We call them accidents because we do not expect them to happen. In the course of working with us, you might encounter unforeseen risks or hazards. For example, you might be a little clumsy, you might choose to wear tall shoes that are difficult to walk in, you might step on something sharp in your bare feet, you might choose to have your session in a location that presents risks and hazards that are unexpected and/or beyond our control, or you might do something else that neither of us can foresee that results in an injury. b. By signing this Agreement, you agree that you are participating in your photo session(s) voluntarily. By signing this Agreement, you further agree to release, waive, and discharge Miranda Marie LLC, doing business as Le Boudoir Studio, its agents, and its employees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that you may sustain, or to any property belonging to you, while working with Miranda Marie LLC, doing business as Le Boudoir Studio, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. c. By signing this Agreement, you agree to be responsible for and indemnify Miranda Marie LLC, doing business as Le Boudoir Studio against any injuries or losses sustained by third parties, such as friends, family, or others, that you cause to be present during your photo session(s). d. This Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. {initial}

11. PHOTO RETENTION AND DAMAGE: a. In the event the photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on our part, our only liability to you is to reshoot the session or reprint the product. We are not liable for any refund if the session can be reasonably re-shot. In the unlikely event that the session cannot be reasonably re-shot, our liability is limited to the return of all payment received. b. c. You are aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and you release us from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. It is our policy to maintain your image files in our system for 365 days if possible. While we take reasonable steps to ensure the integrity of our data files and photos, we cannot guarantee that your image files will be maintained for 365 days. After one year, all images may be deleted from our system. If you have purchased any digital images, it is your responsibility to back them up as we are not responsible for any lost images after delivery. After the client has received or downloaded their product, we cannot guarantee that images will still be accessible on our hard drives to order more product in the future. d. If product has not been ordered within 3 months of the session and with multiple attempts in the client being notified, we will notify you that we may need to dispose of your items and/or delete your online gallery and download links to preserve our online and physical storage. There is no guarantee that your items will be accessible to you after that timeline. e. If you have not picked out your images for your product and/or approved any product, albums designs, or albums changes within 3 months of the date your gallery was sent to you, a $100 archival fee will need to be charged to re-access your photos and get your products ordered or digital download sent. If its been over 6 months, a $200 fee will need to be charged for the above circumstance. If over one year, all products purchased will no longer be available to be full-filed and no refunds will be given, your images may be deleted from our system. {initial}

12. RIGHTS TO DISTRIBUTION: a. We will not use images created under this contract for advertising, display, publication or other purposes including the web, our blog, youtube and social media. We will only use images created under this contract if you sign a separate model release and is up to your comfort level or modeling agreement. This is not mandatory for our boudoir clients. {initial}

13. COPYRIGHT a. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce photographs or videos elsewhere without the permission of Miranda Marie LLC, doing business as Le Boudoir Studio, and violators of this Federal Law will be subject to its civil and criminal penalties. b. You agree that all copyrights and/or intellectual property rights for all photographs taken session shall be held exclusively by Miranda Marie LLC, doing business as Le Boudoir Studio. Miranda Marie LLC, doing business as Le Boudoir Studio provides the following copyright law as to the use of photographs created by Miranda Marie LLC, doing business as Le Boudoir Studio: You may reprint or duplicate images to provide to friends or family if you purchase digital images with high resolution images. If you choose to distribute or place online images from a purchased digital package for a purpose other than personal and non-commercial use, you must obtain our written permission first and place www.leboudoirstudio.com or other valid tags in the image caption if it is not already there, unless we have provided written permission to do otherwise. You agree not to make copies for sale or for the purpose of circumventing the sale of the images, including digital images, by Miranda Marie LLC, doing business as Le Boudoir Studio, without first receiving written permission, and additional fees may apply. You agree not to scan, copy or digitally reproduce images in any manner without a written release. {initial}

14. MISCELLANEOUS a. You warrant that you have actual authority to agree to the use of the likeness of all persons included in the photographs in this manner and shall indemnify and defend Miranda Marie LLC, doing business as Le Boudoir Studio, in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of Miranda Marie LLC, doing business as Le Boudoir Studio. b. Miranda Marie LLC, doing business as Le Boudoir Studio is not liable for any copies, prints, or CD’s or other digital media being exposed to the public due to circumstances beyond the control of Miranda Marie LLC, doing business as Le Boudoir Studio. Specifically, Miranda Marie LLC, doing business as Le Boudoir Studio is not liable for the actions of family members, boyfriends, husbands, or any other person who may gain control of and publish your photos. It is your responsibility to safeguard evidence of your session(s). c. This Agreement incorporates the entire understanding of the parties. Any modifications to this Agreement must be in writing and signed by all parties. If any provision of this Agreement is held to be invalid or unenforceable by law, the validity of this Agreement in whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the party or parties waiving the breach. The paragraph, section, and article headings used in this Agreement are intended solely for convenience and reference and shall not in any manner amend, limit, modify, or otherwise be used in the interpretation of any of the provisions of this Agreement. d. The laws of Arizona govern this Agreement without regard to conflicts of law provisions. The Parties agree to the exclusive jurisdiction of the state and federal courts sitting in the state of Arizona. All unresolved disputes arising under this Agreement shall be submitted to arbitration in Arizona. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

By signing below, I certify that I am at least 18 years of age, have read and understand this Agreement in full, and agree to be bound by it. ________________________________________ Signature _______________ Date