Terms and Conditions
This page outlines the terms and conditions for a portrait session with Liz Hansen Photography LLC dba Chicago Boudoir Photography (“Studio”) and the Client.
Location: The portrait session will occur at the Chicago Boudoir Photography Studio: 896 Green Bay Road Suite 12 Winnetka, IL 60093.
Photographer: Elizabeth Hansen - 312.425.2946 - hello@chicago-boudoir.com
Non-Refundable Retainer upon Booking: Client will deliver a non-refundable retainer ($399) to Studio at the time of booking. Upon payment, Studio will reserve the time and date agreed upon by both parties via phone consultation. A phone consultation is required to book a date and time for the portrait session. Client agrees that this retainer is earned by Studio when paid and is remitted in consideration of the inability of Studio to schedule other clients during the reserved time. All sales and payments before and after the portrait session are final, non-transferable and non-refundable, including the session fee / retainer. No refunds will be issued by the Studio. The portrait session retainer does not include any digital images, downloads, prints or albums.
Credit card on file: Client understands and authorizes that Clients credit card information will be saved to file and authorizes Studio to charge the Client's credit card for all cancellation fees, reschedule fees and payment plan payments.
Rescheduling Policy & Fees: In the event that Client requests to reschedule the portrait session with more than 14 days notice, a $50 reschedule fee will be charged to the credit card number on file. A reschedule request with 14 days or less before the portrait session and each additional rescheduling request will result in a $150 reschedule fee and will be charged to the credit card on file. A reschedule request with 7 days or less notice will require a new session fee of $399. Rescheduled appointments must be within 60 days of the original session date. A new rescheduled date must be selected within 24 hours of the reschedule request or the session is considered a cancellation. If Client reschedules, this original contract will apply in full to the new session date. If Client has paid a discounted session fee (less than $399) and Client cancels appointment with 14 days or less notice, the remainder of the session fee is due as a cancellation fee. For example, if Client pays a $99 session fee and then cancels the appointment with less than 14 days notice, the card on file will be charged $300 for the remainder of the $399 session fee. Due to the custom nature of our photography services, all sales are final. All sales and payments before and after the portrait session are non-refundable and non-transferable. No refunds will be issued by the Studio.
Cancellation Policy & Fees: If Client requests to cancel this Contract and/or portrait session, the retainer will be forfeited. No refunds will be issued by the Studio. If the Client has paid a discount or promotional retainer fee, Client's credit card on file will be charged for the difference between the discounted retainer fee and the full standard retainer amount ($399). If Client fails to show within 30 minutes of the session time, the session will be considered a cancellation and the retainer will be forfeited. Failure for the Client to confirm the portrait session appointment via text, email or phone call within 7 days of the portrait session date is considered a cancellation by the Client. All sales and payments before and after the portrait session are final and non-refundable. No refunds will be issued by the Studio.
Late arrival: Any Client that is late arriving to the portrait session will have the amount of time late deducted from the time allotted for the portrait session. Client will not be compensated for the time deducted from the portrait session due to late arrival of Client. If Client fails to show within 30 minutes of the portrait session time, the portrait session will be canceled and the retainer will be forfeited. If the Client has paid a discount or promotional retainer fee, Client's credit card on file will be charged for the full standard retainer amount ($399).
Attendees: Client attendees at the portrait session will be restricted to Client unless agreed in advance by Studio. Client affirms that Client and all attendees are 18 years of age or older.
Completion Schedule: Completion schedules and delivery of products will be determined from the date of final approval by Client. Third-party manufacturing laboratories and editing services are utilized for products and may provide restrictions on orders in addition to those outlined in this Contract. Digital images will be delivered to the Client within 30 days of the portrait session. Photographic print products will take 8 weeks from the time of print order to be processed and delivered to Client. Client should place orders with sufficient time to allow for normal delays and notify Studio at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. A fee of $100 will be applied to expedited product requests. Studio will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery or third-party services.
Wardrobe and Styling: Client will provide Client’s own wardrobe and retain full responsibility for all wardrobe choices, clothing items and accessories. Client will retain full responsibility for styling choices, including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps. Photographer discussion and comments will only be construed as professional recommendations for consideration and not be deemed final choice. All styling choices made by Client at the portrait session are final and no reshoots or refunds will be available due to styling choices. Digital removal of tattoos, tan lines, sunburns or tanning streaks in images is not included with any purchase and will be priced at $25 per image.
Use of Hair and Make-Artist as Independent Contractor: In the event Client elects to use a hair and make-up artist (the “Independent Contractor”) at the portrait session, Studio will not be liable for any application or services by the Independent Contractor. This includes, but is not limited to, styling choices, any damage or injury or allergies as a result of use of the products by the Independent Contractor. It is Client’s responsibility to convey all allergies and pertinent information to the Independent Contractor.
Use of Alcohol and/or Drugs: Client understands that consumption of alcohol and/or drugs prior to and/or during the portrait session may negatively impact the results of the images. Studio will not be held responsible for any damages or injury resulting from the use of alcohol and/or drugs in connection with the portrait session.
Non-compliance: Studio is not responsible for Client’s non-compliance with verbal instructions or suggestions from the Photographer or anyone associated with Studio during the portrait session. Non-compliance by Client at the portrait session may result in a reduced number of images produced from the portrait session or termination of the portrait session.
Illegal activity: Studio will terminate the portrait session immediately if Client engages in any illegal activity and Client forfeits all retainer monies and rights to images from the portrait session. No live animals, tobacco products, illegal drugs, vapes, weapons, open flames or minors are allowed at the Studio.
Hygiene and Health Considerations: The client agrees to take necessary measures to ensure they are free of head lice and any communicable diseases or conditions prior to the portrait session. In the event that the client is found to have head lice or a communicable disease or condition during the portrait session, the portrait session will be postponed until the Client has been treated and is no longer contagious. The photographer reserves the right to terminate the portrait session if head lice or any other contagious condition or disease is discovered.
Artistic Rights: Studio retains the right of discretion in the create and selection of the photographic materials released to Client. Client agrees and understands that the quality of a photograph is entirely subjective. Studio is not held liable for the specific aesthetic preferences of Client. Client will view a gallery of a minimum of ten photographs to select from and will not receive any photographic materials not presented to Client. Studio also retains the right to adjust the photographs in post-processing as Studio deems within Studio’s creative control and Client consents to the use by Studio of any third party post-processing services as Studio elects in Studio’s sole discretion. Third-party post-processing, editing and album design services may include artificial intelligence (AI) programs and tools. Additional processing / retouching may be requested at a cost of $25-$50 per image. Any additional procession or retouching requests must be made within 30 days of the portrait session date.
Copyright and Reproductions: Studio will retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of Studio, including pursuant to Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
Privacy: Studio agrees not to post Client's images online or use in print marketing without written permission from the Client.
Photographic Materials: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of Studio. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. All photographic materials should be handled with care and in accordance with Studio recommendations. Any damage or alterations to materials made outside of Studio recommendation as a result of improper handling, including but not limited to framing or hanging, is the sole responsibility of Client. Client is aware that color dyes in photography may fade or discolor over time due to the inherent quality of print photography and Client releases Studio from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Photographic Orderings: Studio will make digital galleries available through a third party online gallery proofing website. Client hereby consents to Studio’s use of such system, releases Studio from any liability in connection with the use of such third-party service and technology (including any data breach or theft) and agrees to be responsible for the terms of use of such third party’s service. Client understands and agrees that gallery proofs are the exclusive property of Studio and Client has no right or license to store or use these proofs. Client will not copy, download, screenshot, or capture the proofs in any other fashion. If Client has purchased digital images, Client will download images from the gallery before the expiration date. Client will not be provided with a USB drive or hard drive with digital images. If Client requests to extend the time or reopen the online proofing gallery, a $50 fee will apply. Any and all of Client’s print, album or bonus credits and must be selected and redeemed within 30 days of portrait session date or the credit is forfeited.
Shipping: Client agrees to have print products shipped via a third-party shipping company (FedEx, UPS, USPS etc) to the address provided with no signature required for delivery. Multiple items may arrive in separate shipments. Client may request to have print products shipped to the studio location and arrange an in-person pick-up. Studio is not responsible for and provides no refunds for print products that are not retrieved within 90 days. Changes to shipping address or to studio pick-up arrangements will incur a $25 fee.
Client Usage: Client will only use the photographic materials, including but not limited to delivered digital files, digital images, gallery-displayed images and printed materials in accordance with the permissions within this Contract. Client’s images and prints are for personal use only and will not be submitted to contests or reproduced for commercial use. If Client has purchased digital images and Studio provides a digital file print release, Client must act in accordance with the release. Otherwise, Client will not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of Studio.
Reproduction: Client agrees to purchase prints directly from Studio unless in possession of purchased digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. Should Studio become aware of reproduction without permission, Client will remit a usage fee of $500 per image, per usage to Studio. If digital files are purchased, Client may request a written print release from the Photographer. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties. Studio is not responsible for third-party printing inconsistencies that may alter the appearance of the photographs, such as discoloration or cropping.
Digital Images: Upon receipt of digital images and/or phone app, if purchased, Client accepts all responsibility for archiving and protecting the digital images. Studio will store photographic materials for 30 days from date of the portrait session. At that date, all photographic materials may be destroyed. Studio is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read images provided, including the mobile app. It is Client's responsibility to make sure that digital files and phone app are copied and backed up to new media as required. Studio has no duty to retain copies or originals of images or photographs from the portrait session. Studio is not liable for loss of data or images or the mobile app due to technical failure. Download of digital images by the Client is confirmation from the Client that all work from the Photographer is satisfactory. All sales and payments before and after the portrait session are final and non-refundable.
Album proof approval: Photographer agrees to send Client a digital album proof via email to be approved before the album is printed. If the Client fails to approve the album within 7 days, the Photographer will send the album to print as designed in the digital album proof.
Collections: Goddess $9999 -100+ digital images. Corresponding images printed in an 8 inch album. Pick 5 bonuses. Valentine $6999 80 digital images. Corresponding images printed in an 8 inch album. Pick 3 bonuses. Bombshell $4999 60 digital images. Corresponding printed in an 8 inch album. Pick 2 bonuses. Glam $3999 40 digital images. Corresponding images printed in an 8 inch album. Pick 1 bonus. Petite $2999 20 digital images. Corresponding images printed in an 8 inch album. Prices do not include sales tax. Replace the corresponding digital download in any collection for 5 additional images printed in an album. Replace the 8 inch album in any collection for 5 additional images in digital download.
A la carte: 10 images in a 5 inch album OR 1-10 digital images $1599, 1-10 mini prints (size 2.5 in x 3.5 in) $999. Prices do not include sales tax.
Bonuses: Available with collection purchase only. Some collections come with bonuses. If purchased a la carte, bonus prices are indicated in parentheses. Rush fee ($200), More to come box ($200), Black and white conversions ($500), Phone app ($500), 5 mini prints size 2.5 in x 3.5 in ($500), Viewfinder ($500), Metal easel size 5x7 or 8x12 ($500), Album upgrades - choose photo cover, page gilding and/or engraving ($500), Album size upgrade to 10 inches ($500), Metal wallet card ($500), Small wall art 8x12 inches ($500), Wall art size upgrade ($500). Prices do not include sales tax.
All sales and payments before and after the portrait session are final and non-refundable. Purchases cannot be changed, downgraded or reduced. All digital images, albums, photo products and bonuses must be selected and purchased on the day of the portrait session. Any image not purchased on the day of the portrait session will be immediately deleted by the Studio.
Payment Options: Studio offers two payment options for photo collections:
1. Client pays for the photo collection in full on the day of portrait session with cash or credit/debit card. Studio accepts all major credit and debit cards (no personal checks, no Venmo, no Zelle).
2. Client may apply for financing via PayPal credit, Afterpay, Affirm, or Klarna. An active debit card number is required and a soft credit check will be made on Client's name. Payments through PayPal credit, Afterpay, Affirm or Klarna incur a $50 processing fee by the Studio. All sales and payments before and after the portrait session are final and non-refundable.
Payment Schedule: Full payment from the Client for photo collections is due at the time of the portrait session. Due to the custom nature of photography products, refunds are not offered for any digital or printed products. Images that are not purchased will be deleted. Additional viewing / ordering sessions after the portrait session date will be billed at $250/ hour. All sales are final and purchases cannot be changed, downgraded or reduced. Payment for product orders must be submitted from Client to Photographer before delivery. If Client seeks a payment plan and declines to use PayPal Credit, an in-house payment plan will incur a $50 fee with a minimum per payment amount of $300 with a maximum of six months of payments. Client credit card number will be held on file for the payment plan. Client authorizes the Studio to charge credit card on file per the payment schedule. No products will be delivered until the entire amount is paid in full. If Client fails to complete in-house financing payments in full, no print products or digital products will be delivered to the Client and no images will be held on file by the Photographer. Any change to the payment plan schedule will incur a $25 per change fee. Late payments will incur a $25 late fee per late payment. Prices do not include sales tax. All sales and payments before and after the portrait session are final and non-refundable.
Indemnification: Client will indemnify, defend and hold harmless Studio and its owners, employees, contractors, representatives, agents, successors and assigns (collectively, the “Studio Parties”) from and against all losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) Client’s breach of this Contract, (b) Studio’s services under this Contract, (c) any injury to Client and Client’s property during the course of the portrait session and the immediately surrounding events and (d) any technological failure, including data loss or breach.
Failure to Perform and Limitation of Liability: If Studio is unable to perform this Contract due to illness, emergency, fire, casualty, transportation problems, strike, act of God or causes beyond the control of Studio, Studio and Client will use reasonable efforts to reschedule the portrait session. If a reschedule is unable to be agreed upon, Studio will return the retainer to Client and will have no further liability. Further, if Studio is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of Studio, liability will be limited. This limitation of liability also applies to any loss, theft, breach, or damage of photographs or failure to deliver photographs for any reason. The sole remedy for any actions or claims against any of the Studio Parties will be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Contract during the time preceding the date on which such liability arises. Additionally, if there is a data breach or theft of any kind, Client’s remedy will be no more than the initial cost of the portrait session. EXCEPT FOR ANY GROSS NEGLIGENCE AND WILLFUL MISCONDUCT IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL ANY OF THE STUDIO PARTIES BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, STATUTORY, OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM AND EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions: This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. If any term, condition, or provision in this Contract is found to be invalid, unlawful, or unenforceable to any extent, the parties will endeavor in good faith to agree to amendments that will preserve, as far as possible, the intentions expressed in this Contract. If the parties fail to agree on an amendment, the invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions of this Contract, which will continue to be valid and enforceable to the fullest extent permitted by law. Any failure to enforce a provision of this Contract shall not constitute a waiver of any other portion or provision of this Contract. This Contract will be governed by the laws of the State of Illinois, without reference to choice of laws. The parties hereby expressly consent to the exclusive personal jurisdiction of the state and federal courts located in Cook County, Illinois for any lawsuit arising from or relating to this Contract. EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS CONTRACT OR THE SUBJECT MATTER HEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS CONTRACT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any party. Headings are used in this Contract for reference only and will not be considered when interpreting this Contract. This Contract may be executed in counterparts, each of which will be deemed to be an original and together will constitute one and the same agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
COVID-19 Release of Liability: Due to the outbreak of the novel Coronavirus (COVID-19), an extremely contagious virus that is believed to spread from person-to-person contact, federal, state, and local governments are recommending social distancing and preventative measures. For more guidance and on how to protect against COVID-19 and related risks, please visit: https://www.cdc.gov. Studio cannot guarantee that Client will not become infected with COVID-19. Further, attending a portrait session could increase Client’s risk of contracting COVID-19. Client agrees that Client is responsible for Client’s own personal safety with respect to any exposure to COVID-19 as a result of participating in the portrait session. Client understands the contagious nature of COVID-19 and voluntarily assumes the risk that Client may be exposed to or be infected by COVID-19 and accepts sole responsibility for any injury (including, but not limited to personal injury, disability, and death), illness damage, loss, claim, liability, or expense of any kind that Client may experience in connection with Client’s portrait session (“Claims”). Client hereby releases, covenants not to sue, discharge, and hold harmless each of the Studio Parties, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Client understand and agrees that this release includes any Claims based on the actions, omissions, or negligence of any of the Studio Parties, whether a COVID-19 infection occurs before, during, or after participation in the portrait session.