This Portrait Agreement is entered into by and between Elysian Bloom Boudoir, LLC with a primary address of 300 S Pearl Dallas, Texas 75201, referred to as Photographer and (Client’s name) referred to as Client, each a “Party” and collectively the “Parties.” For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows.

1. Session Fee Booking & Payment :
The Photographer's total fee for this session has been agreed upon by both parties, which is a non-refundable payment that must be paid at the time of booking unless
otherwise agreed upon to execute the Agreement. The listed date will not be reserved until this Agreement is fully executed. Upon payment, the Photographer will reserve the time and date agreed upon by both Parties. The Client agrees that this non-refundable retainer payment is earned by the Photographer when paid and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this specific time.

3. Image Reveal & Ordering Session Details :
All orders must be placed during the in-person ordering appointment following the image reveal on the day of your session. There are no order minimums, you only purchase what you love. No archival services are provided. Due to the custom nature of the images and products, all purchases are final. Sessions are not considered complete until an ordering session is held to view the photos. This will be done the same day directly following your photography session unless other arrangements have been made. Sessions marked incomplete where a photoshoot was completed, but an ordering session has not been completed for more than 30 days will result in images being deleted on the 31st day. Purchases made by the Client will appear on statements under Elysian Bloom Photography. Late payment fees may apply to in-house payment plans. In-house payment plans require a credit card to be kept on file to process payments as agreed upon. If the client hereby fails to make whatever payments are required under this agreement, then all obligations of the Photographer shall cease without any further obligations thereto the client and no refunds will be made. No product or images will be delivered until payment is made in full. If you establish a payment plan for your products, half is required if the total purchase is under $999. One third is required if the total purchase is over $1000. Please ensure you bring a credit card or cash with you to your session to pay this deposit.

5. Completion Schedule :
Completion schedules and delivery of products will be determined from the date of final approval by the Client. Third-party manufacturing facilities are utilized for products and may provide restrictions on an order not outlined in this Contract. Prints, Canvases, and Metal and Albums will take approximately 4 weeks from final approval. The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround time. Clients will be responsible for any expedited fee at their product request. The Photographer will not be held responsible for delivery delays due to the fault of manufacturer and/or delivery services. The Photographer does not provide archival services and deletes all photos within 31 days of the image reveal & ordering session. All photographs and products must be purchased at the image reveal session

7. Photographic Materials & Artistic Discretion :
The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographer’s explicitly written permission. Upon final payment by the Client and if included in purchase, limited copyright ownership of any resulting images will be transferred to the client under the following conditions: The digital copies of the images are the property of the client for personal use only and for the purposes of reproduction and giving of photographs to friends and relatives. The client must obtain written permission from and compensate Elysian Bloom Boudoir, LLC. prior to the client or its friends and relatives publishing or selling the photographs for profit. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will receive a gallery minimum of 60 photographs to select from and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to creative control in post-processing. Additional processing may be requested for $10 per file. The Photographer retains the right to cancel the session and retain the initial nonrefundable payment amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray tan, tattoos, piercings, surgeries. The Photographer will utilize the photographic materials in marketing in accordance with the incorporated Model Release. No photographic materials will be distributed publicly until the Client has had an opportunity to review. Any restrictions on publication will be governed by the Model Release.

9. In-Session Events :
The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund or reschedule available to Client. The use of all recordings, including but not limited to video, phone, digital camera, or audio is strictly prohibited by the Client at the session. The session will be restricted to the Client and one other female individual over the age of 18. The use of alcohol IS NOT permitted on the Photographer’s premises, unless it is supplied by the Photographer. There are no drugs of any kind allowed. The Client understands that consumption of alcohol or drugs prior to and/or during the session may negatively impact the results of the images. If alcohol or drugs are consumed unknowingly during the course of the session, the Photographer may terminate the session immediately and retain all monies paid.

11. Cancellation/Rescheduling/Late Arrivals :
The session retainer is nonrefundable, even if the session or ordering date is changed or the photography event is canceled by the Client for any reason. However, Client may choose to cancel or reschedule the photo and/or ordering session under the following terms: Canceling or Rescheduling more than 30 days from the shoot/ordering date will not incur a separate fee for the first occurrence, canceling or rescheduling less than 30 days but more than 14 days from the shoot/ordering date will incur an additional $100 fee. Canceling or rescheduling less than 14 days from the shoot/ordering date will incur an additional $200 fee. A no call/no show will incur an additional $500 fee. All additional fees will be charged to the card on file below at the time of cancellation or rescheduling. If the card is declined, Client will be manually invoiced. If the invoice is not paid within 24hrs, the account will be submitted to a collections agency. All reschedules are subject to Photographer’s discretion and availability. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. The Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client. In the event that the weather conditions are not desirable for the shoot based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer discretion.

13. Indemnification & Liability:
Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for his/her waiver or forgiveness of any fees that may still be outstanding.

15. Notice :

Parties will provide effective notice to each other via either of the following methods of communication:
Photographer Email: hello@elysianbloom.com
Photographer Phone: 405.209.0644

Model Release:

This is an agreement between photographer Elysian Bloom Photography, LLC and the client/model.

All photos and images taken by Photographer and/or his/her assistant remain the sole copyrighted, intellectual property of Photographer. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Model expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session, and agrees that Photograper may showcase, sell or otherwise distribute photographic materials from the session, including those depicting Model.

Heather Glenn
Elysian Bloom Boudoir, LLC.