Terms and Conditions - Portrait by Chrissy Boudoir Houston Photographer

TERMS OF SERVICE / USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR PURCHASING PRODUCT AND/OR SERVICES!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Portrait by Chrissy Boudoir (defined below), which governs your use of Products (defined below) obtained by purchase through this website at www.portgraitbychrissyboudoir.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Portrait by Chrissy Boudoir, doing business as Portrait by Chrissy Boduoir (“Portrait by Chrissy Boudoir”). “Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Portrait by Chrissy Boudoir. All such Products are the intellectual property of and are owned by Portrait by Chrissy Boudoir.

By purchasing any Product or services, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of portraitbychrissyboudoir.com immediately. Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Portrait by Chrissy Boudoir is a resource through which you may obtain Portrait Photography.

PRIVACY POLICY

Portrait by Chrissy Boudoir permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here PRIVACY POLICY which is incorporated herein by reference. Portrait by Chrissy Boudoir will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Portrait by Chrissy Boudoir will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Portrait by Chrissy Boudoir is the sole manager of such information collected on the Site. Portrait by Chrissy Boudoir will use such information to respond to you as necessary. You grant Portrait by Chrissy Boduoir a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than Portrait by Chrissy Boudoir to help support the maintenance of the Site. Portrait by Chrissy Boudoir does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Portrait by Chrissy Boudoir from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Portrait by Chrissy Boudoir Site – all images are being used under license through the company providing the stock images. Stock images may be used in educational guides.

INTELLECTUAL PROPERTY LICENSE

Portrait by Chrissy Boudoir owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Portrait by Chrissy Boudoir services, and; (d) any other intellectual property rights afforded to Portrait by Chrissy Boudoir, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Portrait by Chrissy Boudoir does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Portrait by Chrissy Boudoir’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Portrait by Chrissy Boudoir will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Portrait by Chrissy Boudoir grants you a non-exclusive, non-transferable license to download, view, copy and print the digital prints, wall portraits, folio box, graphic design/marketing templates you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the

Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1) abide by all copyright protections afforded to the Products, both as formally registered

with the U.S. Copyright Office and as otherwise provided by law;

(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S.

Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment,

or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with

Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property

ownership in, or provide a general right to modification of, the Products.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Portrait by Chrissy Boudoir is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Portrait by Chrissy Boudoir will not reimburse you for such downloads. Portrait by Chrissy Boudoir will, at your request, apply a one-time only $25 re-download fee if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Portrait by Chrissy Boudoir.

CONTACT

By using the Site and entering personal information, you give Portrait by Chrissy Boudoir permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy, this includes automatic enrollment into Portrait by Chrissy Boudoir’s newsletter. Should you prefer not to be contacted by e-mail, please let Portrait by Chrissy Boudoir know by emailing us at info@portraitbychrissy.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products, services, retainers, pre-payments, payment plans, deposits, and materials are non-refundable and not returnable, under any circumstances. All sales are final.

BOOKING TERMS AND CONDITIONS:

By booking a session with Portrait by Chrissy Boudoir you agree to the following terms and conditions upon clicking checkout:

PHOTOGRAPHY SESSIONS

Client agrees and understands that all sessions include three productions sets. Additional sets will require additional payment for Photographer’s time. Session times can very and Client agrees and understands that the Photographer will decide when the session is over. Photographer agrees to photograph Client with at minimum three sets with minimum of fifty photographs to present to client upon reveal.

SESSION LOCATION

Client agrees and understands that all sessions will take place at Portrait by Chrissy Boudoir’s studio located at 909 Texas St. Unit 613. Houston, TX, 77002 or 2101 Winter St #33, Houston, TX 77007 unless otherwise agreed upon in writing by the Photographer.

RELEASE OF LIABILITY

Client agrees to release liability and hold harmless Portrait by Chrissy Boudoir from any injury during Client’s session or while on the premises of 909 Texas St. Unit 613. Houston, TX, 77002 or 2101 Winter St, Houston, TX 77007. Client understands that personal safety is the responsibility of the Client. Client is not required to do or perform any pose or set they feel will cause injury and it is the Client’s responsibility to refuse pose or set they feel unsafe or may result in harm or injury. Client understands and agrees that a photography studio may pose dangers such as cords, backdrop stands, equipment, etc… that could pose a danger or harm if Client is negligent with movement, ambulating, or in motion in the studio. Client agrees to pay attention of these items and their safety.

MAKEUP ARTIST RELEASE OF LIABILITY

Client agrees to release liability and hold Makeup Artist harmless from any injury or any reactions that may arise from the application of makeup by Portrait by Chrissy Boudoir’s makeup artist. Client agrees to notify Photographer and the Makeup Artist of any know allergies or injuries prior to makeup application.

BOOKING RETAINERS/SESSION FEES

Client acknowledges and agrees that all booking retainers are non-refundable.

CANCELLATIONS/RESCHEDULES

Once booked, your session date is taken off our calendar, we will no longer advertise your spot to any new or prospective client. Your hair and makeup artist is immediately staffed blocking their availability to book and schedule their clients as well. Cancelling or rescheduling causes loss of business and business is how we keep the lights on and are available to provide services to you.

Reschedules require a new booking retainer at the current booking rate for session retainers. Cancellations require a cancellation fee of $350 which covers loss of time and business of photographer, makeup artist, and any other staff.

CANCELLATIONS BY PHOTOGRAPHER

The Client understands and agrees that the Photographer may need to cancel or reschedule the Photo Shoot if conditions arise that prevent the Photographer from performing duties such as; unforeseen equipment failure, electrical or AC failure, inclement weather that jeopardizes the safety of the Photographer and/or Client, Acts of God/Nature, acts of terrorism, or other catastrophic events. In the event of cancellation by Photographer, Photographer agrees to hold Client harmless and will offer a reschedule. The Client agrees to hold the Photographer harmless and agrees to work with Photographer on a reschedule of session.

PRODUCT REFUNDS AND/OR EXCHANGES

Due to the custom nature of photography, there are no refunds on products, prints, albums, digitals, packages, collections, wall-art, etc…

MINIMUM PURCHASE REQUIREMENT

There is a minimum purchase of $699.00 as packages and collections begin at $699 and go. Payment is not due until date of reveal at which time a payment plan will be offered for those who desire financing.

PRICING

Packages start at $699 and go up.

Blush 5×5 5 Image Album $699
The Flirt 8×8 11-20 Image Album $1899
The Pinup 8×8 30 Image Folio $2999
The Siren 8×12 or 8×8 40 Image Folio $3999
The Vixen 10×14 or 10×10 50 Image Folio $4999
The Bombshell 12×16 or 12×12 65 Image Folio $7999

Digitals Collections begin at $999 for 10 digitals

IN HOUSE FINANCING

Portrait by Chrissy Boudoir offers in house financing. Purchases under $1,000.00 require a deposit of half of the final purchase total, Purchases over $1,000.00 require a deposit of one-third of the final purchase total.

REVEAL NO SHOWS

Clients who no show to the reveal and ordering appointment will be automatically debited $699.00 and photographer will select the best images and create a package at the base package level which is a 5×5 5-image little black book instead of the black book you will be sent 5 digitals selected by photographer after automatic debit is made..

Copyrights: All images are copyright by photographer, Christina D Rodriguez-Guthrie. It is illegal and unlawful to scan, copy, or reproduce Christina D Rodriguez -Guthrie’s work, in any manner or medium. This includes taking screenshots, saving from web, blog, social media, etc…. As an artist, Christina Guthrie wishes to have complete control over the final look of her photographic works of art and will protect copyrighted images. Copyright protection includes protection from altering original works of art by cropping, editing, applying filters, scanning, screenshooting, and any other altering actions that distort and devalue image quality thus harming photographer’s creative works and reputation.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. PORTRAIT BY CHRISSY BOUDOIR OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.

PORTRAIT BY CHRISSY BOUDOIR MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS

WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, PORTRAIT BY CHRISSY BOUDOIR SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.

EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO PORTRAIT BY CHRISSY BOUDOIR, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the State of Texas. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for Houston, TX in Harris County, TX. Portrait by Chrissy Boudoir reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Portrait by Chrissy Boudoir’s Products, Materials and Services.

Any questions regarding the above Terms may be directed to:

info@portraitbychrissy.com

Or mail to Portrait by Chrissy Boudoir

909 Texas St. Unit 613. Houston, TX, USA