Diamond Gal Photography Contract

A retainer fee of $399 (unless price is different due to a sale or other conditions) is due upon booking your appointment. Payment is accepted via credit card. The retainer fee is non-refundable. This contract between Photography and Client shall not become effective until it is signed and the retainer fee has been paid. Your date chosen is not retained until the fee has been paid.

Your retainer fee includes a wardrobe consultation, professional hair & makeup, and one hour boudoir photo session, editing, and one hour reveal session. It does not include any prints or Products. You will view all the images from your session to choose for your album, prints or other products purchased. The minimum investment is $999.00. Payment for the images must be made on the day of the reveal session. Installment plans are available upon request. No orders shall be processed until the order has been paid in full. A Full Price list of items can be found here: https://spark.adobe.com/page/WV5MwTSYwWMDx/

It is understood that Diamond Gal Photography (hereby referred to as "Photographer") is the exclusive official photographer retained to perform the photographic services requested on the contract. No other cameras, video cameras, or cell phone pictures are permitted during the session. No Children under the age of 18 are allowed in the studio for any reason.

If there are any costs/fees associated with the location Client has chosen for their session, Client will be responsible for those fees. Photographer will not guarantee or arrange payment on any location. Additional fees may be charged for Photographer to travel more than 60 miles. Any location outside of this radius will be subject to an additional charge of $1.50/mile for coverage of time, gas, and wear and tear on the vehicle as part of the agreement.

Photographer shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. To cancel a session, Client must notify the Photographer in writing seven (7) calendar days in advance. Client will not be refunded the retainer fee.

Photographer reserves the right to reschedule if needed to a date and time mutually agreed upon.

Due to this, we require 2 credit cards to be kept on file for every Client. This will only be charged in the event of a no show or late cancellation. In the event of the client failing to show up for their session or providing a late cancellation, the Client agrees to the charges and not to chargeback the card given.

The Client agrees that a Pre Session Payment Plan is REQUIRED with Diamond Gal Photography for a Boudoir Photography Session. The Client may set up a Pre Session Payment Plan for any amount equal or greater to the minimum purchase requirement of $999.00

Any and all payments made to Diamond Gal Photography via the Pre Session Payment Plan are not refundable should the Client cancel the session. These funds are classified as liquidated damages and Diamond Gal Photography will bill at $150.00 per hour for the work completed and time spent preparing for the Client's session, and the balance will be applied as lost wages for the contracted event date and time. We do not offer payment plans after the session.

FINAL SALE: All sales are final. All monies collected by Diamond Gal Photography are non refundable. No refunds will be given on the Session Fee or the Image Order. This includes any/all Pre Session Payments towards an Image order. Once the Client places an order for physical and/or digital products, the order is final and may not be changed, altered, reduced, or cancelled. This stands for both payments in full and payment plans. No refunds will be given on products after the order has been placed. Pre Session Payment Plans are not refundable should the Client choose to cancel their session or place an order for an amount less than paid via the Pre Session Payment Plan. Should the Client choose to reverse payment, the Photographer will send a bill to Collections or pursue legal action to collect payment.

Physical Abilities

While the photographer does their best they can to work with unforeseen circumstances, no refund or reshoot will be provided solely due to uncooperative participants.

Reshoots (due to weather, sickness, etc.) are determined at the discretion of Photographer. If a reshoot is deemed necessary, it is to take place within (30) days of the original session date, at the same location, and will last no longer than (60) min to get the necessary images to fill your gallery. Re- shoots will not be given for poor choices of clothing, make-up, hair, etc., or by not following the recommendations of Photographer.

You have the choice to share your images or keep them private. We do everything in our power to keep your privacy & honor your decision. If you choose to share your images, please note that they will be shared on social media platforms, such as, but not limited to: our website, Facebook, Instagram, TikTok, Bridal Shows , etc. If you choose after your session that you no longer wish to have your images shown, a fee of $200 may incur for the time that it will take to delete the images from all of the social media platforms.

Although the session, pre-consultation, hair and makeup are all included in your session. You may love your images so much that you wish to purchase. The minimum investment is $999.00 and go up from there. You can check out all of the options here: https://spark.adobe.com/page/WV5MwTSYwWMDx/

Payment Options

I also offer PayPal Credit . These offer payments over time but you would receive your prints/products right away. You will need to pre-apply for these before your session. You can apply and find out more information here: PayPal Credit (https://www.paypal.com/us/webapps/mpp/paypal-credit/intent/offer).

After (3) three months from the product ordering date by the client, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control. If you choose not to purchase your images, they will be deleted immediately after your session.

A final product will be delivered to client within 4-6 weeks of the session date or final payment in form of an album, prints or other products ordered. All products, including any digital products will be delivered to client as a complete package. All sales are final and will not be processed until paid in full. Once the product(s) or order has been placed by the client, there is no chance for a refund or substitution to the product(s). All monies paid for the order/products will be retained by photographer.

Photographer is not responsible for the damage of products after delivery to client. Client assumes all responsibility for the safety of all products upon receipt. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and client releases Diamond Gal Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children, pets, props brought by Client and for themselves and release photographer from any claims against their person or their business. Photographer will not be liable in the unlikely event that a problem arises, whether due to accident, loss of materials, acts of God, equipment or other failures not caused by Photographer. Photographer is not responsible for loss of, or interference with, the photography or Images including but not limited to, restrictions of the location, interference from surrounding devices, access limitations, flash restrictions, equipment malfunctions and other similar the like. This limitation on liability shall also apply in the event that photographic materials or images are damaged, lost through camera malfunction, lost in the mail other otherwise lost or damaged without fault on the part of Photographer.

Client agrees to indemnify and hold harmless Photographer against any claims, lawsuits, judgments, court costs, damages and other expenses, including attorneys’ fees, arising from or related to Client’s use of the Images or Photographer’s performance of this Agreement.

COVID-19 Liability Release Waiver

Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19), an extremely contagious virus that is believed to spread from person-to-person contact, As a result, federal, state, and local governments are recommending social distancing and preventative measures. Diamond Gal Photography is taking extra precautions with the care of every client to include health history review and enhanced sanitation/disinfection procedures in accordance with federal and state health safety guidance. For more guidance and on how to protect yourself and related risks, please visit: https://www.cdc.gov/coronavirus/2019-ncov/index.html

- Fever - Fatigue - Cough - Shortness of Breath or Difficulty Breathing - New loss of taste or smell - Muscle pain - Sore Throat - Repeated shaking and chills - Chills

I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above WITHIN THE LAST 14 DAYS.

I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.

I understand that Diamond Gal Photography cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each client.

- Additional time included between appointments to prevent client contact with each other

- All fabrics used will be washed immediately after each session

- Each client required to wash hands upon arrival and before leaving

By signing below, I agree to each statement above and release Diamond Gal Photography from any and all liability for the unintentional exposure or harm due to COVID-19. I understand the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and accept sole responsibility for any injury to myself (including, but not limited to personal injury, disability, and death), illness damage, loss, claim, liability, or expense of any kind that I may experience in connection with my photo session. I hereby release, covenant not to sue, discharge, and hold harmless Diamond Gal Photography, its employees, agents, representatives, and independent contractors, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Diamond Gal Photography, its employees, agents, representatives and independent contractors, whether a COVID-19 infection occurs before, during, or after participation in the photo session. Samantha Struemph agrees to abide by these standards and affirms the same.