Exotic Boudoir Standard Terms & Conditions
The following terms and assumptions were used to develop the costs of your quotation. If any of the assumptions change, there is potential for impact on the quoted costs.
1 of 24. By signing this form THE CLIENT accepts all terms and conditions associated with the quote provided alongside this document.
2 of 24. THE CLIENT agrees that he/she/they are at least eighteen years of age and able to provide proper identification. THE CLIENT understands that, if agreed to prior to the shoot, that the shoot may include implied nudity or nudity and that he he may be photographed wearing little and/or no clothing THE CLIENT understands what a boudoir photography session is, and is signing this contract in full competency, without being coerced, influenced and of his/her/their own free will.
3 of 24. THE CLIENT agrees that if the shoot concept involves nudity, the level of nudity he/she/they show during the boudoir photography session is at his/her/their own discretion. THE CLIENT agrees that he/she/they will not do anything he/she/they are uncomfortable with and will speak up at the time if uncomfortable with a certain level of nudity or a pose.
4 of 24. THE CLIENT understands that the photos will only be used in the manner indicated on the EXOTIC BOUDOIR model release form.
5 of 24. THE CLIENT acknowledges that THE PHOTOGRAPHER will not be held responsible for the final destination of the images of permission is given to share them for promotional and social media purposes.
6 of 24. All copyright, patent, or other ownership of the photographs remains in my name (KAT GRUDKO PHOTOGRAPHY trading as EXOTIC BOUDOIR) unless otherwise stated on the quote. THE CLIENT agrees that THE PHOTOGRAPHER owns all images taken during the boudoir photography session.
7 of 24. THE CLIENT agrees that if he/she/they wish to submit the photos to an online or printed publication, he/she/they must obtain written consent from THE PHOTOGRAPHER prior to doing so.
8 of 24. THE CLIENT agrees that no monetary gain may be acquired at any time from the sale of the images. This action is illegal and will result in legal action at the expense of THE CLIENT.
9 of 24. If THE CLIENT does intend to use the images for monetary gain from the sale of the images it is THE CLIENTS responsibility to express this to THE PHOTOGRAPHER before the shoot is quoted for and the deposit is paid so that an agreement can be reached and it may be factored into the final quote amount and stated on the quote.
10 of 24 THE CLIENT agrees that all information and documents given to them are the exclusive property of THE PHOTOGRAPHER and are confidential information. They may not be sold, shared or copied.
11 of 24. THE PHOTOGRAPHER does not release unedited images, unless discussed with THE CLIENT prior to the shoot and otherwise stipulated on the quote. THE CLIENT will receive the number of edited images stated in the package chosen and/or that is stated on the quote, plus any additional images purchased at the reveal session. THE CLIENT will NOT receive all images from the shoot.
12 of 24. THE PHOTOGRAPHER will invoice THE CLIENT for services rendered at the end of each agreed phase, as detailed.
13 of 24. Payment terms are discussed on your clarity call. Should THE CLIENT choose the option of paying a deposit, the deposit is non-refundable. Should the shoot be postponed by THE CLIENT for any reason, a new date will be scheduled at THE PHOTOGRAPHER’S availability. The remaining amount is due before or on the day of the shoot. If THE CLIENT postpones the shoot more than twice, for any reason, the deposit falls away and another deposit will be required to secure a new booking at a later date. If full payment is not received by or on the day of the shoot a 10% interest fee will be added on for every week payment is overdue. If proof of payment of the amount in full is not received before the start of the shoot the shoot will not go ahead.
14 of 24. Payment plan terms and timings are to be discussed and agreed to between THE PHOTOGRAPHER and THE CLIENT via email after the clarity call and will be detailed on the quote and invoice.
15 of 24. Payment of a deposit, quote in full and/or invoice in part or in full will be taken as acceptance that the Standard Terms & Conditions document has been read, understood and accepted by THE CLIENT.
16 of 24. If a shoot is cancelled or postponed any less than 48 hours before the shoot starting time, a 25% cancellation fee will be charged. If cancelled on the day of the shoot, or with less than 12 hours notice, a 50% cancellation fee will be charged.
17 of 24. All amounts referred to in this document exclude V.A.T., unless otherwise stipulated.
18 of 24. All quoted amounts are based on the South African Rand and are subject to changes based on the current Rate of Exchange, if applicable.
19 of 24. This quote has been sent out as an estimation of the final invoice amount. It may not reflect the exact amount that will be invoiced. Photography is not an exact science and if the shoot does run over time, it will be discussed between THE PHOTOGRAPHER and THE CLIENT on the shoot, before continuing the shoot, and any extra time, or part thereof, will be billed for additionally per hour.
20 of 24. THE CLIENT will not have any claim against THE PHOTOGRAPHER for any loss or damage, which THE CLIENT may directly or indirectly suffer by reason of any inaccuracies in our recommendations, provided that such inaccuracies are not as a result of our negligence or wilful act. This includes, but is not limited to; personal injury, loss of income, damage to personal items, emotional distress, illness, loss of property, paralysis or death.
21 of 24. THE CLIENT will not be entitled to withhold or defer payment of any fees and under no circumstances have any claim against THE PHOTOGRAPHER for any consequential loss, howsoever caused.
22 of 24. Force Majeure: Both Parties will not be liable for any delay in performing or failure to perform their obligations if such failure or delay is as a result of causes outside of their reasonable control.
23 of 24. THE PHOTOGRAPHER will not be held accountable for delays in deliverables if not permitted to operate within the standard KAT GRUDKO PHOTOGRAPHY trading as EXOTIC BOUDOIR methodologies and procedures.
24 of 24. THE PHOTOGRAPHER has the right to amend the Terms & Conditions at any given time.
THEREFORE, the parties state, by their own free will, that they have read and accepted all of the Terms and Conditions stipulated in this Contract.
Limitation of Liability:
KAT GRUDKO PHOTOGRAPHY TRADING AS EXOTIC BOUDOIR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE CLIENT, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, OR PRODUCTS. IN NO EVENT SHALL THE PHOTOGRAPHER BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES INCLUDING, BUT NOT LIMITED TO, LOST MONIES.
THE CLIENT further relieves THE PHOTOGRAPHER from:
Any action, claim, command, obligation, cause of action, damages, costs, loss of service, expenses and compensation of any kind or nature whatsoever brought by any Third Party against THE CLIENT arising out of any actions of THE CLIENT and/or other Third Parties during the Contract with THE PHOTOGRAPHER;
This Agreement constitutes the entire agreement between THE CLIENT and THE PHOTOGRAPHER respect to the provision of the Services, and takes precedence over all prior oral and written Agreements and discussions with respect to the subject matter, and, except as specifically set forth herein, there are no other Agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter. Neither party can modify or amend this Agreement unless such modification and amendment is in writing and is signed and agreed upon by both parties.
I, THE UNDERSIGNED CLIENT, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBILITIES, AND RELEASES THERIN.
THIS CONTRACT IS ADMINISTERED UNDER THE LAWS OF THE WESTERN CAPE PROVINCE IN THE COUNTRY OF SOUTH AFRICA.