DESCRIPTION OF SERVICES

Photographer agrees to photograph Client or Client’s specified subject(s) during the Session, with the goal of achieving the desired outcome of a Boudoir photoshoot. While Photographer will make a good faith effort to meet Client’s expectations, Photographer retains full discretion and creative control over the Session. Photographer will select the equipment and techniques deemed appropriate and will capture images that align with their professional judgment. The realization of Client’s desired results is subject to the terms outlined in this Agreement.

NO GUARANTEED RESULTS

As outlined in the "Description of Services" section of this Agreement, Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form, and Client acknowledges that Photographer cannot guarantee any specific outcomes, including the achievement of Client’s desired results.

SESSION + SESSION FEE

Client agrees to the Session Fee of $300 or $600 for couples, which is required to secure the session date. The Session Fee is non-refundable and does not include any digital images or print products. All images and products must be purchased separately during the Client’s Reveal/Ordering Session.

To ensure a positive and empowering atmosphere, the Photographer does not permit additional guests in the studio unless they are participating in the session and will be photographed.

RESCHEDULES + CANCELATIONS + LATE FEES

The Client understands and agrees to the following;

1. Cancellations and rescheduling requests within 72 hours will be subject to a  $300 cancellation/rescheduling fee with the card on file.

2. The client is expected to arrive on time, but no more than 15 minutes early.

3. The Photographer has the right to cancel or offer a reschedule in the event the Client arrives 30 minutes late or more, with the applicable $300 cancellation fee.

ORDERING/REVEAL SESSIONS

Client's ordering/reveal session will follow directly after his/her photoshoot unless discussed and agreed upon prior to the session between the Photographer and Client. Product payments are due at this time. 

NO REFUNDS

Once both Parties have signed this Agreement and Client has provided the agreed-upon retainer, Photographer will reserve the session time and decline other bookings for the specified timeframe. Accordingly, all retainers are non-refundable if the Session is canceled or rescheduled for any reason. Fees paid are also non-refundable. Refunds will only be issued as outlined in "Limits of Liability" of this Agreement.

IN THE EVENT PHOTOGRAPHER CANNOT PERFORM

If Photographer is unable to perform due to foreseeable illness, conflict, or other inability, Client agrees that Photographer may, at her discretion, assign another professional photographer to fulfill the obligations of this Agreement. If Photographer is unable to perform and the Session does not occur, Photographer is not obligated to reschedule or provide services for a later session.

EXCLUSIVITY

The Parties agree that no other photographer will be permitted to take photos during the Session while Photographer is working, unless otherwise agreed in writing. This restriction applies to Client and Client’s associates, including the use of cell-phone cameras, computer cameras, and similar devices.

LIMITS OF LIABILITY

If Photographer is unable to fulfill this Agreement due to circumstances beyond the Parties’ control—such as sudden injury, illness, equipment loss, or acts of God—Photographer will refund all retainers and fees to Client but shall have no further liability under this Agreement. Photographer will also refund all retainers and fees if photographic materials are damaged in processing, lost due to camera malfunction, lost in the mail, or otherwise rendered unusable through no fault of Photographer. However, Photographer shall not be liable for any other damages, including consequential, emotional, third-party, punitive, or attorney’s fees. Photographer’s total liability, regardless of the circumstances, shall not exceed the total amount paid under this Agreement.

PHOTOGRAPHER’S STYLE & DISCRETION

Client understands and agrees that Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and style. Client has no authority to control the manner in which Photographer takes photos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer’s photography.

The client understands that the complimentary Classic Retouching excludes, but is not limited to the following:;

• Correction of Spray Tans, Tanning Lotions and Tan lines

• Correction of Hair color and Roots

• Tattoo Removal 

Requests outside of Basic Retouching are considered extended retouching and will be subject to additional fees prorated by hours required.

ARCHIVING PHOTOGRAPHS

Photographer will archive all unselected digital files from the Session on the day of the session and will archive all selected digital files for 90 days from the session date. After these periods, Photographer does not guarantee the backup of any photographs, prints, or data. It is the Client’s responsibility to back up their files on an external hard drive or USB.

RESTRICTIONS ON USE OF PHOTOGRAPHY

All photos and images taken by Marissa Harlow Portraits, LLC and/or her assistant remain the sole, copyrighted intellectual property of Photographer. Marissa Harlow Portraits, LLC may reproduce, use, and distribute the photos and images for personal, business, marketing, or studio purposes with signed permission from Client. Client has the right to refuse the use of their photos for these purposes.

• Client shall not modify or alter Photographer’s photographic materials.

• Client shall never post any of Photographer’s photos in a resolution larger than 1500 pixels wide.

• Client shall not post Photographer’s photos, whether in physical or digital form, including on social media, blogs, or applications, without proper attribution to Photographer.

• Client shall not distribute or make available for download or reproduction any of Photographer’s photos without written consent, unless the photos include Photographer’s watermark.

• Client shall not publish photos without Photographer’s written consent and proper attribution.

COPYRIGHT

Client understands and agrees that, where applicable, they will receive written permission for printing rights for their purchased images. Client is permitted to download and use these images for printing purposes at their chosen vendor.

DELIVERY

Client understands and agrees that their reveal/ordering appointment with Photographer will take place immediately after the session. At this appointment, albums, wall art, and digital files will be due.

Client acknowledges the following timeline for receiving their purchases:

• Downloadable files will be available approximately 1-2 weeks from the Session Date.

• Prints and products will be ready for pickup approximately 4-6 weeks from the Session Date.

If an order is needed by a specific date or for a special event, this must be discussed in writing with Photographer. Meeting such deadlines is at Photographer’s discretion. Photographer is not responsible for orders that fail to arrive by the requested date, delays related to postal or shipping services, or delays caused by professional printing companies.

Client agrees that upon notification of order readiness, pickup is required within fourteen days. Orders not picked up within this timeframe will be forfeited, and any fees paid will not be refunded.

Purchased digital images will be provided in both high and low resolution JPEG formats. Raw images or galleries are not available to the Client.

AGE OF MAJORITY

Client understands that Photographer does not provide intimate photography services to individuals under the age of majority (18 years) and will not engage in nude photography services with individuals under the legal drinking age (21 years).

Client acknowledges that Photographer may request identification to verify age. Failure to produce valid documentation may result in the termination of the session, cancellation of the agreement, and forfeiture of all payments made.