A Taste of Bravery Session Terms & Conditions (Contract)

Booking A Taste of Bravery

(a) A Taste of Bravery Includes:
(1) 1.25 Hours of Reserved Studio Time For A Taste of Bravery for the Client
(2) A personalized zoom ordering session
(3) A $500 print credit toward TK Boudoir's Album Collections Only

(b) A Taste of Bravery DOES NOT include:
(1) any service or benefit that is not explicitly listed in section (a).
(2) any digital images, printed images, or products without an additional purchase

(c) A Taste of Bravery requires a $99 session fee and no minimum purchase.

(d) The session fee is non-refundable, even if the Client reschedules, cancels, or no-shows the session.

(e) The Client understands and agrees that if, for any reason, the Client cancels A Taste of Bravery or no-shows A Taste of Bravery, TK Boudoir shall keep the non-refundable session fee, and the Client is obligated to pay an $299 cancellation/no-show fee immediately at the time of cancellation or no-show. This cancellation/no-show fee is in consideration of the out-of-pocket expenses incurred by TK Boudoir immediately at the time of booking.

(f) The Client shall choose the time and date she desires for A Taste of Bravery utilizing our online booking system, read the entirety of the terms and conditions linked on the booking page, and consent to the session terms and conditions. If the Client completes the booking by filling out this form and submitting her session fee, TK Boudoir shall reserve the time chosen by the client exclusively for A Taste of Bravery for the Client and immediately incurs $299 in expenses for A Taste of Bravery for the Client.
(1) The Client understands and agrees that if she completes the booking, even if she did not actually read the full terms and conditions, the Client agrees to be bound by the terms and conditions and understands that she will not receive a refund on her session fee if she cancels at any point in the process and will still be legally responsible for paying TK Boudoir the $299 cancellation/no-show fee.

(g) If the Client books A Taste of Bravery on a date less than 2 weeks out, TK Boudoir may require the Client to reschedule to give the Client ample time to prepare for the session.

Client Expectations Prior to the Session.

(a) The Client must ask any questions she may have about the session itself and the ordering process.
(b) The Client must read the What to Wear section of the Client Prep Guide before gathering outfits.
(c) The Client must spray tan to even out tan lines if she does not want to see them in her final images. The Client shall not wear anything when spray tanning to avoid spray tan lines. The Client also understands that she should seek a professional spray tan artist instead of using a spray tan booth or self-tanning lotion to avoid splotchy skin and orange hands and feet.
(d) The Client must try on all outfits prior to attending her session to ensure they fit to her liking.
(e) The Client must steam outfits at home if they are wrinkled if she wants them to be de-wrinkled, as well as remove tags.
(f) If the Client fails to properly spray tan (and remove orange from hands and feet), fails to steam her outfits, or fails to try on her outfits to ensure they fit to her liking, and she wants those things retouched, there will be an additional $50 per image fee assessed with her order, and the images will be sent to an outside professional retoucher, resulting in a delay in the production timeline.
(g) The Client must arrive to the session camera ready, wearing her outfit, with her hair and makeup done. TK Boudoir recommends loose curls with hair down, a dramatic eye with lashes, contour and blush, and a rosy pink/nude lip.

Privacy; Model Release; Revocation.

(a) The Client understands that TK Boudoir utilizes images and video clips from sessions as advertising materials. TK Boudoir will ask if the Client wants to sign the model release. However, the default position of TK Boudoir is to keep the Client's images and session completely private and not share with anyone outside of the TK Boudoir team without the explicit, written consent of the Client via the Model Release.
(1) If the Client adds on hair and makeup and chooses to allow the hair and makeup artist to use the Client’s images and video clips during the hair and makeup portion of the session, the Client may give verbal permission.
(2) If the Client chooses to allow TK Boudoir to use the Client's images and video clips once the photography portion of the session has begun, the Client must sign a Model Release.

(b) The Client will retain the right to revoke their permission at any time. If the Client chooses to revoke the model release, TK Boudoir will attempt to pull down all public usage of the Client's images in TK Boudoir’s control, but the Client understands that TK Boudoir may not be able to claw back images that have been in the public domain. The Client understands and agrees that this is a risk the Client agrees to take if permission is given to use the images for marketing purposes.

Hair & Makeup.

(a) The Client understands that hair and makeup is not included in her session fee for A Taste of Bravery.

(b) The Client must arrive camera ready with her hair and makeup done. TK Boudoir recommends loose curls with hair down, a dramatic eye with lashes, contour and blush, and a rosy pink/nude lip.

(c) Any requested changes to the hair and makeup during the retouching process will be outsourced to a professional retoucher at $50 per image.

(d) Professional hair and makeup may be added on for $150. If the Client adds on hair and makeup, the Client understands that she will receive a second appointment time for hair and makeup, 1.5 hours prior to the time she selects for A Taste of Bravery.
(1) The Client must wash and dry her hair prior to the session and may not show up to hair and makeup with wet hair. She must also have clean, moisturized skin and wear a button down top for the HMUA to be able to blend her makeup into her chest.
(2) The Client agrees to wear a button up or zip up top in order to allow access for the hair and makeup artist to blend the Client’s chest to her face, as well as not ruin the hair and makeup when she changes clothing.
(3) The Client understands that the professional hair and makeup artist assigned to the session has agreed to create the TK Boudoir branded hair and makeup look, which includes loose curls, a dramatic eye with lashes, definition and shaping of the brows, contouring, adjusting color to match the face to the body, and a nude to rosy pink lip. The Client is responsible for requesting any desired changes to their hair and makeup before they leave the hair and makeup artist's chair.
(4) TK Boudoir and the hair and makeup artist are not responsible if the Client's hair or makeup is too much or too little for the Client's personal taste and aesthetic once she has left the hair and makeup artist's chair.
(a) Any requested changes to the hair and makeup during the retouching process that were not brought up while the Client was in the hair and makeup artist’s chair will be outsourced to a professional retoucher at $50 per image.
(b)  If the Client requests any changes from what the hair and makeup artist typically does, the Client understands that the resulting photographs may not look the same as the images in TK Boudoir’s portfolio.
(5) If the Client is late to Hair and Makeup by 20 minutes and/or shows up to hair and makeup with wet hair, the session will be rescheduled and will require a rescheduling fee as described under the Rescheduling by Client policies. If the Client opts to cancel her session instead, the policies under Cancellation by Client will apply.

Artistic Style; The Photography Session

(a) The Client acknowledges that TK Boudoir requires and retains discretion as to how its services shall be provided (e.g. choice of staff members, hair and makeup, choice of sets, choice of location, styling, poses, expressions, lighting, lens choices, composition, culling, editing, retouching, etc).

(b) The Client acknowledges that she is familiar with TK Boudoir’s portfolio and is requesting TK Boudoir’s services with knowledge of the TK Boudoir’s style; that TK Boudoir’s work is constantly evolving; that TK Boudoir’s services are of unique and artistic nature; that the images created may be different from images taken by TK Boudoir in the past; and that in creating the images, TK Boudoir shall use its personal artistic judgment to create images consistent with its personal vision of the session, which vision may be different from the Client’s vision of the session.

(c) The Client acknowledges that images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.

(d) The Client may request certain images, but studio limitations and circumstances may prevent those images from being created. Under no circumstance will TK Boudoir be liable for not creating these requested images, and Client understands and agrees to this policy.

(e) At the end of the photography session, the Photographer will show the Client product samples and allow the Client to scan the QR code with the Current TK Boudoir Price Guide to get a general idea of pricing.
(1) The Client understands and agrees that no digital images nor printed products are included without an additional purchase.
(2) The Client understands and agrees that the Current TK Boudoir Price Guide is always subject to change, and the price for the Client's order will be the prices listed in the Current TK Boudoir Price Guide in effect on the date of the Client's ordering session.

(f) Before the Client leaves, she must schedule her ordering session within 10 business days of the photography session via the QR code that links to the online booking calendar, unless otherwise approved by TK Boudoir. Ordering Sessions are only available during the times on the online booking calendar, unless otherwise approved by TK Boudoir.

Liquidated Damages.

(a) TK Boudoir reserves the right to invoice the Client for $299 in liquidated damages under the following circumstances:

(1) cancellation
(2) no-show
(3) failure to attend the ordering session
(4) TK Boudoir choosing to end the working relationship due to harassment by the client or client’s representative
(5) Failure to pay when on a payment plan
(6) Chargeback/Payment Dispute

(b) Client understands and agrees that nothing in this section prevents TK Boudoir from assessing additional penalties and fees in other sections of the terms and conditions and/or pursuing all civil and criminal penalties available under state and federal law.

Copyright; Theft of Property; Theft of Services

(a) The Client understands that she has no rights to the images produced during the photography session until she has purchased them and that all photographic materials and proofs thereof remain the property of TK Boudoir and are protected by Federal Copyright law.

(b) The Client understands that it is a copyright violation, per federal law under 17 U.S. Code § 504, and theft of property according to state law, if she screenshots, copies, records, or reproduces the property of TK Boudoir during the Online Ordering Session without the TK Boudoir’s permission, and violators of this Federal Law will be subject to both civil and criminal penalties, with a minimum fine of $750 per image, as well as all relevant state remedies.

(c) The Client understands that TK Boudoir also has a separate $500 penalty that must be paid prior to any work beginning on her order in the event that she screenshots, copies, records, or reproduces the property of TK Boudoir during the Ordering Session without the TK Boudoir’s permission.
(1) The Client understands that this $500 penalty does not prevent TK Boudoir from pursuing all other criminal and civil remedies available including under subsection (b).

(d) The Client understands the penalties she may be subjected to and agrees that she will not screenshot, copy, record, or reproduce images in any way during the Client's Online Ordering Session.
(1) The Client understands that the only way the Client is allowed to have images in her possession is if they are paid in full and TK Boudoir has delivered them via an online gallery with a passcode and PIN code for download.
(2) Sneak peeks and digital proofing galleries prior to payment in full are not provided to the Client. The only time the Client will see the images produced during the photography session is during the Online Ordering Session.

(e) Upon discovery of infringement of copyright or theft of property:
(1) TK Boudoir will immediately invoice the Client for the $500 penalty fee, which is due within 5 business days.
(2) If the Client does not pay the invoiced $500 penalty fee, the Studio will invoice the Client $750 for each stolen image, which is due within 48 hours.
(3) If the Client does not pay the invoiced $750 fee per image, the Studio will pursue all civil and criminal remedies for theft of property and copyright violations.

(f) If the Client attends her Photography session and then does not attend her The Ordering Session, the Client will be required to pay $299 in liquidated damages.

(g) If TK Boudoir is forced to pursue civil and criminal penalties for theft of property or services, TK Boudoir will also delete all images taken during the Photography session and the Client will still be responsible for all fees assessed, plus $299 in liquidated damages, in addition to being subject to civil and criminal penalties.

Chargebacks/Payment Disputes

(a) If the client does a chargeback or dispute on a credit card payment prior to the session date and the Client wants to continue with the existing booking, the Client will be required to submit a second payment equal to the amount of:
(1) the chargeback or dispute, PLUS
(2) any fees incurred by TK Boudoir as a result of the chargeback or dispute, PLUS
(3) prepay $299 prior to the session date to account for the possible cancellation/no-show.

The second payment, in addition to the money that is the subject of the chargeback or dispute, will be kept by TK Boudoir and applied to Client's final balance.

If the Client does not comply with this paragraph in regards to chargebacks or disputes within 24 hours of notification by TK Boudoir, it will be considered a material breach of this contract, and TK Boudoir will follow the protocol listed in the Cancellation by Client paragraph.

(b) If the client does a chargeback or dispute on a credit card payment prior to the session date and the Client does not want to continue the booking, TK Boudoir will follow the protocol listed in the Cancellation by Client paragraph.

(c) If the Client does a chargeback or dispute on a credit card payment after the session date and/or after the ordering session, TK Boudoir shall follow the policies listed under the paragraphs regarding Copyright; Theft of Property; Theft of Services.

Proofs; Ordering Sessions; Final Sale; Payment Plans; Failed Payments

(a) After the photography session, TK Boudoir will create proofs of the images taken at the Client’s session, which includes culling, color-correcting, and doing a basic global retouch. The Client understands that these proofs do not include body edits or background edits.
(1) These proofs are what the Client will see at the ordering session.
(2) Full retouching (body and background edits) will be completed on images included in the album, purchased as digital sets or portrait selections, or otherwise printed during the retouching phase after the Client places her order.
(3) If the Client places an order that includes a "full gallery of proofs," additional retouching of body and background edits only occurs on the number of images specified that are included in the album or otherwise printed. The Client understands and agrees that remainder of the images are delivered as-is from the proof stage.

(b) The Client's ordering session must take place via Zoom within 10 business days of the Client's boudoir session, unless otherwise approved by TK Boudoir.
(1) If the Client invites another person to the ordering session:
(a) TK Boudoir reserves the right to ask the additional person to leave under any circumstance; and
(b) If the additional person has decision making authority, the Client must prepare the additional person by fully informing them of the process and pricing in the Current TK Boudoir Price Guide;
(c) If the Client does not want the additional person to know about pricing, the Client must contact TK Boudoir prior to the ordering session to make arrangements prior to the ordering session.

(c) At the end of the ordering session, the Client must carefully read and sign her order form.
(1) The Client is responsible for ensuring her mailing address is correct.
(2) The Client is responsible for ensuring her order is correct including, but not limited to the selected image names, product lines, sizes, cover choice, engraving (wording, spelling, capitalization, and punctuation), etc.

(d) The Client understands and agrees that all sales are considered final at the time they are made and orders for products and/or digital files cannot be cancelled, returned or exchanged for different images. All payments made are non-refundable. Client understands and agrees that she cannot claim "buyer's remorse" and change her order after placing it at the ordering session.

(e) Payment for digital images and product in full is due at the time of Client's ordering session unless an alternate payment plan has been made with TK Boudoir.

(f) If the Client has chosen to do a payment plan, she must also sign her payment plan form at the end of the ordering session.
(1) The payment plan form requires at least two forms of payment, and the Client agrees that the payments will be automatically run by TK Boudoir on the dates and in the amounts that are mutually agreed upon on the form. In the event that TK Boudoir is closed when a payment is due, Client understands and agrees that the payment will be run the first business day after that TK Boudoir is open for business. If the Client wants to make the payment on the day agreed upon, it is the Client's responsibility to log into the invoice and make the payment herself.
(2) The maximum length of a payment plan is 12 months. Unless otherwise arranged with TK Boudoir, orders after taxes and fees under $1999 have a 4 month payment plan available, orders after taxes and fees of $2001-$4000 have an 8 month payment plan available, and orders after taxes and fees of $4000+ have a 12 month payment plan available.
(3) If a payment plan form is not signed within 72 hours of TK Boudoir sending it to the Client, the payment plan offer will be rescinded and payment will be due in full immediately.
(a) If the Client does not pay the balance of the order within 30 days, the order will be cancelled, the Client will forfeit any print credit and monies paid, and the Client will be invoiced $299 in liquidated damages.
(1) Once the Client pays the $299 in liquidated damages, the Client is only entitled to purchase something from the Current TK Boudoir Price List covered by the $299 liquidated damages.
(2) If the Client does not make pay the $299 liquidated damages invoice within 30 days, the Client will forfeit the ability to receive any product or digital images from TK Boudoir, no matter how much has been paid to date and will be permanently banned from booking with TK Boudoir and its affiliates. TK Boudoir reserves the right to pursue all legal remedies.

(g) Until the full balance of the Client’s order and any additional fees incurred are received by TK Boudoir, all photographic materials, including but not limited to proofs, digital files, prints, and products shall remain the property of TK Boudoir and shall not be released to the Client.
(1) Under no circumstance will TK Boudoir release images and/or products that have not been paid in full. Therefore, it is imperative that if the Client has a deadline, she must make arrangements to pay for the images and/or products in full with ample time to produce, order, and deliver the images and/or products. The Client understands and agrees to this policy.

(h) If a payment fails on the payment plan, a $5/day late fee will be assessed until the failed payment is made.
(1) If a failed payment remains unpaid for 60 consecutive days, there has been no attempt by the client to remit payment during those 60 days, and if the payment declines again, the payment plan offer will be rescinded and payment in full will be due immediately.
(2) If the payment plan offer is rescinded under subsection (h)(1), the Client will lose any existing print credit, all monies paid are non-refundable, and the Client will be sent a cancellation offer where the Client will only be entitled to purchase something from the Current TK Boudoir Price Guide, plus any associated tax and fees, that is covered by the monies already paid.
(a) Upon a payment plan offer rescission, if the Client has made payments but has not paid at least $299, the Client will have to pay the remainder of the $299 in liquidated damages before the Client can receive any product or digital image from TK Boudoir.
(b) Upon a payment plan rescission, TK Boudoir will email the Client with the details of the cancellation offer, and the Client has 30 days from the date it is sent to respond, finalize the a la carte order, and pay the $299 liquidated damages invoice (if it has not yet been paid). In the event the Client does not respond within 30 days, finalize the a la carte order within 30 days, and/or pay the $299 liquidated damages invoice within 30 days, the Client will forfeit the ability to receive any product or digital images from TK Boudoir, no matter how much has been paid to date, and will be permanently banned from booking with TK Boudoir and its affiliates. TK Boudoir reserves the right to pursue all legal remedies.

Retouching; Product; Digital Files; Production Timeline; Additional Orders

(a) After the ordering session, if the Client pays in full, the Client’s images will immediately be put into the retouching queue.
(1) If the Client does a payment plan, the Client’s images will be put into the retouching queue 30 days before the final payment is due.

(b) Once the order has been paid in full, the Client will receive her retouched images within 14 days of final payment in a password protected online gallery.
(1) The retouched images are downloadable with a PIN code provided directly to the Client.

(c) The Client has a one week period from receiving her retouched images to request changes or sign the approval form.
(1) If requests are not made or the approval form is not received within one week of receipt, TK Boudoir will assume the retouched images have been approved and will design, order, and deliver the Client’s product with the retouched images as is. The order will be mailed to the Studio and the Client will have to pick it up or pay a shipping fee to have it shipped from the Studio to the Client.
(2) The Client shall have no further recourse regarding approval or adjustments once this one week period has expired.

(d) In regards to product, the Client is aware that color dyes in photography products may fade or discolor over time due to the inherent qualities of dyes, and the Client releases TK Boudoir from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

(e) The Client's session will remain on file for one year for additional orders.

(f) If the Client places an order that includes a "full gallery of proofs," additional retouching of body and background edits only occurs on the number of images specified that are included in the album, ordered as a digital set or portrait selection, or otherwise printed. The Client understands and agrees that remainder of the images are delivered as-is from the proof stage.

Standard Turnaround Time; Digital Rush Fees; Product Rush Fees

(a) TK Boudoir’s standard turnaround time from the date of the ordering session to delivery is 8 weeks for digital images and products.

(b) If the Client needs digital images and/or product quicker than 8 weeks from the ordering session date, a rush fee of $50 per week must be paid to TK Boudoir for every week that needs to be subtracted from the standard turnaround time to jump ahead of other clients. If the Client also has product in their order that needs to be rushed, she will also be required to pay for all rush fees charged by the lab, as of the date the order is placed.

Shipping; Product Order Errors; Lost Items in the Mail or Incorrect Addresses; Damage During Shipping if Drop Shipped Directly to Client

(a) The Client understands and agrees that her order will be shipped directly to the address chosen on the order form and may say TK Boudoir on the packaging.
(1) If the Client prefers that the order not be shipped directly to their address, the order will instead be shipped to the Studio for pickup. The Client will then be responsible for collecting the order in person during times when staff are present at the Studio. If those times are not convenient, the Client may arrange to pick up the order from a staff member’s home. Staff members are not available to meet clients at alternate locations or provide hand delivery.

(b) If a product arrives that contains an error and the product order form and/or the proof also contains the error, the Client shall be responsible for the cost of a replacement from the lab at 50% of the original price and may keep the incorrect product (unless required by the lab to return it).

(c) If the product order form does not contain the error and/or the proof does not contain the error, TK Boudoir shall have the sole decision on the appropriate recourse, which will be one of the following two courses of action:
(1) For major errors, TK Boudoir will reorder the album (limited to one reprint only) and ship it to the studio, but the Client will have to pick up the new album and the incorrect product must be returned to TK Boudoir. There shall be no further recourse.
(2) For minor errors, the Client may keep the incorrect product, and TK Boudoir will send the Client $150 as a gesture of goodwill. There shall be no further recourse.

(d) TK Boudoir is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or an incorrect address on the order form.

(e) If the Client's order has been drop-shipped from the printing company directly to the Client, the Client must inspect her order and notify TK Boudoir of any damage during shipping within 5 Days of Delivery. If the box arrives damaged, the Client must take photos and a short video of the exterior of the box before opening, and then document the packaging and product as it is unpacked to help TK Boudoir quickly file a claim with the printing company. Notifications after 5 Days of Delivery are reviewed case-by-case, and without visible damage or documentation, the printing company may not be able to offer a complimentary reprint or remake. In the event the printing company has to charge TK Boudoir for the reprint or remake, those fees will be passed on to the Client.

Exclusivity; Attendance; Cheerful Cooperation; Safe & Comfortable Working Environment

(a) The Client acknowledges and agrees that TK Boudoir is the exclusive official photographer retained to perform the photographic services requested.

(b) For the safety of TK Boudoir staff and the integrity of the Client’s experience, guests are not permitted at the studio under any circumstance. Only the Client scheduled for the session may enter the studio. Anyone accompanying the Client will be asked to leave immediately, and TK Boudoir will not continue the session until the guest has left the premises.

(c) The Client agrees to cheerful cooperation and communication leading up to, during, and after the photography session and ordering session.

(d) The Client agrees to undertake the best efforts to ensure that the TK Boudoir and its staff is treated with respect and dignity and that TK Boudoir and its staff is provided with a safe and comfortable working environment.

(e) In the event that Client commits any instances of verbal or written harassment, yelling, disrespect, or other similar behavior that would lead a reasonable person to feel unsafe or uncomfortable in such an environment, the following procedure will occur:
(1) On the first occurrence, TK Boudoir will give the Client notice, and the Client agrees to immediately rectify the situation.
(2) On the second occurrence, TK Boudoir retains the right to immediately end the working relationship. In this case, the Client understands and agrees that she shall not be entitled to any refund and will still be responsible for $299 in liquidated damages and any assessed fees, and TK Boudoir will immediately destroy all images taken. The Client shall have no further recourse.

Lost Personal Items.

TK Boudoir is not responsible for personal items/valuables the Client leaves at the studio. The Client understands and agrees to double check the studio before leaving.

Unconfirmed Appointment Policy; Rescheduling by Client.

(a) TK Boudoir runs a high volume studio and no-shows, last minute rescheduling attempts, and lack of session confirmations cause undue stress and can cause the Studio to lose income. Therefore, Client understands and agrees to respond to the Confirmation text and/or email that is sent by TK Boudoir two weeks prior to her appointment to confirm her appointment. If the Client has not responded to either the Confirmation text or email and has not confirmed her session at least one week prior to her appointment, Client understands and agrees that the session will be deemed an "Unconfirmed Appointment with Intent to Reschedule," and the session will be automatically rescheduled to the first available weekday appointment within 8 weeks of the original booking on our online booking calendar.

(b) All reschedules, for any reason including the Unconfirmed Appointment with Intent to Reschedule, must occur within 8 weeks of the original booking date. If there is no existing appointment available on our online booking calendar within 8 weeks of the original booked session time and the session is rescheduled to a date beyond 8 weeks of the original booked session date, a new session fee of $99 will be required, in addition to any relevant rescheduling fees. If the new date is beyond the promotional booking window of the original booking as discussed under the Sessions Booked On Sale paragraph, the Client will forfeit her promotional print credit. If the Client chooses to cancel her session instead, the policies under the Cancellation by Client will apply.

(1) WEEKDAY SESSIONS:
(a) With at least 15 days of notice, the client may reschedule her session one time, to a weekday only, with no penalty.
(b) With 48 hours - 14 days notice, the client may reschedule her session one time with a $150 rescheduling fee, to a weekday only, due within 48 hours. This fee applies to Unconfirmed Appointments with Intent to Reschedule, as well.
(c) With less than 48 hours notice, the client may reschedule her session one time with a $299 rescheduling fee, to a weekday only, due within 48 hours.
(d) If clients are more than 20 minutes late to their scheduled start time for hair and makeup, shows up to hair and makeup with wet hair, or is more than 20 minutes late to the photography session itself, it will proceed as a reschedule with a $299 rescheduling fee under this section. If the Client chooses to cancel her session instead, the policies under the Cancellation by Client will apply.

(2) WEEKEND SESSIONS:
(a) With at least 48 hours notice, the client may reschedule her session one time, to a weekday only, with a $199 rescheduling fee, due within 48 hours. This fee applies to Unconfirmed Appointments with Intent to Reschedule, as well.
(b) With less than 48 hours notice, the client may reschedule her session one time with a $299 rescheduling fee, to a weekday only, due within 48 hours.
(c) If clients are more than 20 minutes late to their scheduled start time for hair and makeup, shows up to hair and makeup with wet hair, or is more than 20 minutes late to the photography session itself, it will proceed as a reschedule with a $299 rescheduling fee under this section. If the Client chooses to cancel her session instead, the policies under the Cancellation by Client will apply.

(d) If the client attempts to reschedule a second time, does not pay the required rescheduling fees within 48 hours of notifying TK Boudoir of her intent to reschedule or her appointment being deemed an Unconfirmed Appointment with Intent to Reschedule, the policies under the Cancellation by Client will apply.

(e) Rescheduling fees, including a new session fee if required, will be applied to the Client's account as a print credit to be used towards a print collection only at the ordering session. Rescheduling fees that are turned into a print credit are only valid for 6 months from the date of the originally booked session.

Cancellations by Client; Cancellation/No-Show Fee

(a) The Client understands and agrees that if, for any reason, the Client cancels the session or no-shows the session, TK Boudoir shall keep the non-refundable session fee, and the Client is obligated to pay an $299 cancellation/no-show fee immediately at the time of cancellation or no-show. This cancellation/no-show fee is in consideration of the out-of-pocket expenses incurred by TK Boudoir immediately at the time of booking.

(b) TK Boudoir MAY allow for all monies paid, including the $299 cancellation/no-show fee, to be put towards an order for the Client ONLY for a period of six (6) months from the date of the initial booking, although the Client will be required to pay a new $99 session fee in order to book a new session.

Rescheduling by TK Boudoir; Substitution by TK Boudoir; Cancellation by TK Boudoir

(a) The Client understands and agrees that TK Boudoir reserves the right to reschedule a session at any time if necessary, including but not limited to circumstances involving illness, pregnancy, injury, severe weather, family emergency, scheduling conflicts, or any other situation that prevents TK Boudoir from performing the session as planned. This rescheduling may occur at any time, including the morning of the scheduled session.
(1) If a session is rescheduled by TK Boudoir, the Studio will make reasonable efforts to provide the Client with the next available date. However, because TK Boudoir often books months in advance, the new session date may occur weeks or months after the original session date, particularly if the Client requires a weekend appointment.
(2) The Client understands and agrees that TK Boudoir is not responsible for any costs incurred by the Client in preparation for the session, including but not limited to hair appointments, nail appointments, spray tans, waxing, travel, lodging, or other personal services.

(b) The Client understands and agrees that if TK Boudoir is unable to personally photograph the session due to circumstances including but not limited to illness, injury, hospitalization, pregnancy, family emergency, or other unforeseen events, TK Boudoir reserves the right, at its sole discretion, to provide a substitute photographer. TK Boudoir warrants that any substitute photographer will be of comparable professionalism and skill. The Client agrees that the use of a substitute photographer does not constitute a breach of this Agreement and does not entitle the Client to cancel the session or receive a refund.

(c) TK Boudoir reserves the right to cancel a session for any reason. In the event TK Boudoir cancels the session and does not reschedule it, the Client’s sole remedy shall be a refund of any payments made, minus the cost of any services already rendered.

Sessions Booked On Sale.

(a) If the client books a session with special sale pricing (e.g., Black Friday, Summer Sale, etc.), the Client understands and agrees that the terms of this section will supersede, even if the terms of the sale conflict with the terms elsewhere in this document.

(b) The Client agrees that sessions may only be rescheduled during the period of the sale sessions (e.g., Client booked a session on sale in July and the sale sessions are available to be booked from August-November. Client may not reschedule past Nov 30.)

(c) If the Client cancels their sale session or attempts to reschedule after the period of the sale sessions end, the Client understands and agrees that she will forfeit that special offer. However, the price the Client paid will remain on the Client's account for 6 months as a credit that can be used towards a new session.

Limit of Liability.

In the event that TK Boudoir fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of TK Boudoir’s control, TK Boudoir’s liability shall be limited to a refund of all payments made by the Client. TK Boudoir warrants that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of Client’s images. In the unlikely event of data loss or camera equipment malfunction, the Client can choose between a refund of all payments made by the Client or a new session can be scheduled at no additional cost to the Client. If there is a failure to capture certain images that the Client requested, such omissions shall not be a breach of this agreement, will not cause any compensation to be made to the Client, and TK Boudoir shall not be liable for the same.

Unpredictable Events.

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder, when and to the extent that such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including but not limited to, the following Unpredictable Events: ("Unpredictable Events"):

(a) acts of God
(b) acts of Man
(c) a natural disaster (flood, fire, earthquake, hurricane, tornado, storms, infestation, or explosion)
(d) war, invasion, riot, terrorist threats or acts, other civil unrest, or hostilities (whether war is declared or not)
(e) government orders or laws
(f) embargos or blockades in effect on or after the date of this Agreement
(g) action, bans, or recommendations by federal, state, or local governments or any governmental authority
(h) national or regional emergency
(i) pandemic or epidemic
(j) strikes, labor stoppages, slowdowns, lockdowns, or other industrial disturbances
(k) shortage of adequate power or transportation facilities
(l) motor vehicle accidents on the way to the event or during the event

The impacted party shall give notice within 7 days of the Unpredictable Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Unpredictable Event are minimized. The impacted party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

In the event that the session cannot continue as planned due to an Unpredictable Event, the Client agrees to follow the rescheduling procedures, with no rescheduling fee or time limitation. If the Client makes the decision to cancel this agreement due the Unpredictable Event, the cancellation policies apply, and the Client will still be liable for the $299 cancellation/no-show fee.

Miscellany.

(a) This Contract incorporates the entire agreement and all understanding between the Client and TK Boudoir. It supersedes all prior and contemporaneous agreements between the parties.

(b) Any modifications of this Contract must be in writing and signed by both parties.

(c) Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.

(d) This Contract shall be governed by the laws of the State of Illinois.

(e) Any such suit shall be filed in Union County, Illinois.

(f) No party may assign this contract without all other parties’ written permission.

(g) 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.

(h) If there is a conflict between the provisions of this agreement and any other agreement between the parties, the provisions of this agreement will control.

Construction.

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