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Policies & Service

CLIENT SERVICE AGREEMENT

In consideration of Client retaining Studio to provide photographic services, it is agreed as follows:

1. Scope of Boudoir Photography Services

Client hereby retains Hush Hush Shoot to provide photography services by purchasing the following:

(a) {Products summary} 

(b) Package & Add-Ons: All packages, add-ons and orders are nonrefundable. Once an order has been sent to the vendor, it cannot be changed. 

(c ) Rush Orders: An order can be rushed starting at $200.00. Hush Hush Shoot will do everything in their power to get the order to the client on the agreed timeline, but client understands that vendor timelines vary and they are out of Hush Hush Shoots control. Rush order fees are nonrefundable.

(d) Additional services, beyond those described above, will require additional fees to be discussed and agreed upon by the parties. 

2. Client Duties

(a) Compensation: In consideration for the services provided by Studio to Client as set forth in paragraph 1 above, Client agrees to pay Studio a project fee of {{invoice.total}}, payable as follows:

A NON-REFUNDABLE Retainer Fee of $450 of the total project fee ({{invoice.total}}) is due when quote is accepted by {{job.clients}} to hold the session date. The balance is due 7 days prior to the session date, {{job.date}. 

If said fee of {{invoice.total}} is not paid within 24 hours prior to session date ({{job.date} the session will be canceled and a ten percent (10%) penalty fee will be assessed. Studio reserves the right to withhold project delivery until all outstanding project fees and assessed penalties are paid in full. Studio’s obligation to render services hereunder is conditioned upon Client’s payment of said fee on a timely basis.

(b) Travel expenses such as gas, parking, destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees, room rental fees,  permits and taxes.

(c) Additional Client Duties: Client is expected to be on time to their appointment and sign the provided model agreement at least 24 hours prior to the shoot. A fee of $160 per hour billed in 15 minute segments will be charged after the first 15 minutes if client is late to the session. Client’s failure to attend session or excessive lateness at session will result in cancellation of this Agreement at the Studio’s sole discretion.

[FOR BOUDOIR SHOOTS]

In accordance with State and Federal law, Studio will not provide boudoir photography for any model or client under the age of 18. Client represents that client/model is 18 years or older. Client will provide valid photo ID proof of age. Client acknowledges that the photographer may need to touch the model to adjust the pose, hair, or clothing of model during the shoot.

3. Term

This engagement shall commence on {{job.date}}and shall continue through completion of the project or cancellation by either party in accordance with paragraph 4. 

4. Cancellations

(a) Reschedule Policy

In the event Hush Hush Shoot needs to reschedule the shoot, the client has the choice to honor the reschedule for a date that works for both parties or can request a refund of their retainer and any payments made up to that point. 

In the event the client needs to reschedule their shoot, Hush Hush Shoot will honor the allowance of one reschedule if other time slots are available. The rescheduled session can be made  with the current retainer and payments made to date that works for both parties within 3 Days  of original appointment date, though 2 weeks is ideal. The rescheduled session must be within 6 months of original booking date.  If a rush order is needed due to the client reschedule, the client will be fully responsible for the rush order fee.

(b) Session Cancellations

In the event Hush Hush Shoot cancels a session, the retainer and any additional payments will be refunded to the client.

In the event the client cancels a session, there will be no refund of either the retainer nor any payments made.

Client’s failure to attend session or excessive lateness at session will result in cancellation of this Agreement at the Studio’s sole discretion.

(c) Weather Policy 

In the event the weather does not cooperate for the shoot, a new date will be reserved that works for both Hush Hush Shoot and client. The original retainer will hold the new session date. In the event this unforeseen change causes a need for a rush order, the rush order fee will be split between Hush Hush Shoot and the client.

5. No Guarantees

Studio will perform the services in a professional manner using that degree of care and skill ordinarily exercised by and consistent with the standards of profession. However, Studio cannot guarantee the outcome of the photography services and Studio’s comments about the outcome are expressions of opinion only. Studio makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Client in accordance with the terms of this agreement. Client acknowledges that Studio cannot guarantee any results for the quality of photographs, as such outcomes are based on subjective factors that cannot be controlled by Studio.

Hair and Make-up application are provided by independent contractors who are not employees of Studio. Studio is not responsible for and cannot guarantee the work of the independent contractors providing these services.

6. Confidentiality

(a) Client Information: Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Studio in the strictest confidence and not disclosed to third parties or used by Studio for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Studio, (b) was in Studio’s possession prior to receipt from the disclosure, (c) is received by Studio independently from a third party free to disclose such information, or (d) is independently developed by Studio without use of the Client’s Confidential Information. Upon request, Studio hereto will promptly return or destroy all documents containing Confidential Information and delete all electronic records of or containing the same. 

(b) Public Disclosure: Neither party may disclose the terms of this Agreement. Neither party shall make any formal or informal public statement, press release or other announcement regarding the existence or terms of this Agreement without the other party's prior written approval. 

(c) Non-Disparagement: Client shall, during and after the participation in and use of the Studio’s services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Studio, or any of Studio’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. 

(d) Creative License: Images are edited at the Photographer’s discretion, and delivered proofs may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.

7. Independent Contractors

(a) Independent Contractor Relationship: This Agreement shall not render Studio an employee, partner, agent of or joint venturer with the Client for any purpose. Studio is and will remain an independent contractor in its relationship to the Client. Studio is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Studio shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Studio shall be responsible to the ownership and management of the Client, but Studio will not be required to follow or establish a regular or daily work schedule. Studio will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Studio regarding services performed for the Client shall be considered a suggestion only, not an instruction. Client retains the right to inspect, stop or alter the work of Studio to assure its conformity with this Agreement and Client needs. Studio and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Studio.

(b) Taxes & Benefits: Studio will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Studio’s compensation. Studio shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind. 

8. Intellectual Property Rights

(a) All images, digital images, photographs, and prints (“Images”) produced by the Studio are original works of authorship protected by the United States Copyright Act. Studio owns the copyright in and all intellectual property rights to all of the Images, and reserves the right to to exploit the intellectual property rights for display, publication, advertising or other purposes. Upon receipt of final payment, Client is granted a non-exclusive unlimited license to use the Images for personal, non-commercial purposes.

( b) Digital Agreement Policy:

The bearers of this notice, {{subject.name}}, has purchased the included digital files from their portrait photography session with Hush Hush Shoot. Bearers are hereby granted permission by Hush Hush Shoot to use these digital files for personal viewing and online/web publishing only. This permission applies worldwide. Bearers agree that he/she may not use any of Hush Hush Shoot’s images for commercial, business or editorial purposes, or enter any of Hush Hush Shoot’s images into competition without the express written permission of Hush Hush Shoot. Bearers also agree that he/she may not print, render or alter the files in any wayThis includes filters, color changes, cropping, etc. Failure to comply to this agreement will result in immediate termination of permissions to the digital files.

Hush Hush Shoot retains the copyright to all images, per USC Title 17 (US Copyright Law). 

Copyright and Licensing Notice 

The images that are being provided to you are licensed to you for any reasonable purposes, including: emailing, web publishing, viewing on your computer, phone, and mobile devices. Your license does not include printing of any kind or use that results in financial gain, including but not limited to: advertising, business use, stock photography, print sale profits, or resale of any nature. 

Your purchase of the original files releases Hush Hush Shoot from any liability due to loss or damage of the images, and also releases Hush Hush Shoot from any obligation to maintain copies of any digital file, image, or photograph.

Hush Hush Shoot may revoke this license at any time and for any reason. Hush Hush Shoot retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms. 

9. Warranties

(a) Studio’s Warranties: Studio represents, warrants and covenants that Studio has full authority to enter into this Agreement and that all of the services, whether performed by Studio or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel. 

(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term. 

(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. 

10. Limitation of Liability

(a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND 

(b) IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. 

(c) THE FOREGOING LIMITATIONS IN THIS SECTION 10 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 8, AND 18. 

11. Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

12. Entire Agreement; Modification; Waiver

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

13. Neutral Construction

This Agreement was prepared by Studio and/or Studio’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Studio merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

14. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

15. Assignment

This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under this Agreement.

16. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:

To Studio at: 3111 S Valley View Blvd., Suite U-102, Las Vegas, NV 89102

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.

17. Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Nevada as applied to contracts that are executed and performed entirely in Nevada. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Clark County, Nevada. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. 

18. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

19. Severability

If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.