STUDIO POLICIES

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SESSION/SITTING FEE

• Session/Sitting fees are NOT refundable; no exceptions. If you cancel your appointment permanently, you will not receive a refund for any payments made.

• Session/Sitting fees do NOT included photos. 

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POSTPONEMENTS

 

• When you book an appointment, you are the ONLY client that we take care of the day your session and ONE out of only three that we can schedule every week. We do NOT offer postponements. However, we do make exceptions for last-minute emergencies and contagious diseases with documented evidence.​

• Please note that a postponement date must be agreed to at the time of your postponement. If an available date is not chosen right away, your appointment is considered permanently cancelled and our cancellation policy applies.

• Special offers that must be held on specific dates cannot be postponed for a future date. However, in case of a last-minute emergency or contagious illness, the money paid can be used towards a regular price full experience, subject to studio approval. Advanced notification is required; no shows will forfeit money paid and are not able to schedule a session with our studio ever again.

 

WHEN TO EXPECT YOUR PURCHASED PHOTOS

The turn-around for final products could be as long as eight weeks depending on our schedule. For Christmas, Valentine's, etc, please book your appointment at least 10 weeks out. If you have a deadline (wedding, anniversary, etc.) that is less than eights weeks away, please let us know ahead of time to see if we can meet your deadline.

 

HOW LONG EVERYTHING TAKES

Between arrival, consultation, makeover if applicable, the session, and the time to take to sort and view your photos, you may be at the studio for approximately six hours. Please plan your day accordingly.

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PHOTO SELECTIONS + PURCHASES

Photos must be selected and paid for the same day of your session. NO EXCEPTIONS. After the session is over, we will take break while we download your photos. When you return from your break, you will review your photos and make your purchase and/or selections. Photos that are not purchased or chosen the day of the session will get deleted at the end of the day. Photos are NOT included with session fees or pre-paid vouchers.

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ALL SALES ARE FINAL

Due to the nature of the business, all sales are final. NO exceptions. Booking and prepaid package fees are NOT refundable; no exceptions.

We strive to make sure you are completely satisfied with the overall experience and with your photos. However due to the nature of the product, all sales are final including your session fee. Refunds or any kind of monetary compensation should NOT be expected if the client is dissatisfied with her photos.

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GENERAL STUDIO RULES

• Men, friends, companions, and significant others are not allowed during the session or photo viewing/selections, except for couples' sessions and maternity sessions.

• Do not bring:

  • Pets or exotic animals

  • Firearms

  • Weapons

  • Alcoholic beverages

  • Illegal drugs

• We are a smoke-free zone. Smoking is NOT allowed anywhere on premises. In addition, due to the intimate nature of your photo session and the proximity to our team members, we appreciate if you do not smoke before coming to the session.

• Cameras and phone cameras are NOT allowed during the session. Cell phones must be turned off and put away INSIDE YOUR BAG during your studio visit and session.

• Pregnancy sessions: For your own safety and liability issues, we do NOT photograph pregnant women beyond their 8th month of pregnancy.

• Do NOT wear perfume or suntan lotion. If you stain or damage anything, you are responsible for paying for a replacement.

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POSING AND DIRECTION

During your session, you’ll be guided through a series of poses. Please be advised that your session will require a certain level of physical activity, which is always limited to the client’s ability, strength, flexibility, and willingness. We cannot guarantee that we are able to reproduce specific poses as shown throughout our portfolio.

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HAIR + MAKEUP

• Please arrive with your hair dry, clean, and free of styling products. Do NOT flat iron your hair prior your session. However, we do recommend you wash and blow-dry your hair the night before.

• Styling hair extensions, except for semi-permanent natural hair extensions, and styling wigs is not included with our complimentary natural hair curling service.

• If you have makeup allergies, please bring your own makeup.  Any skin conditions should be reported prior to application and, if need be, a sample test of makeup may be performed on the skin to test reaction.

• Client agrees to release the makeup artist, the studio owners, and all employees and contractors from liability for any skin complications due to allergic reactions.

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POST-PRODUCTION + EDITING

• All selections are FINAL.

• Photos that are not purchased the day of the session are deleted after your session is over; no exceptions.

• Digital images purchased include standard editing ONLY.

• Standard photo editing includes color, contrast, and composition adjustments, removal of small temporary blemishes (think a pimple or bruise) and basic skin softening filter. Advanced photo editing is available for an additional fee and it may include large/multiple/difficult blemish removal, body contouring, tattoo removal, scar/stretchmarks/tan lines diminishing, and softening of skin discoloration/tan lines.

• Images are edited to the photographer’s discretion.

• We reserve the creative right to edit and release only photos that are deemed creditable as professional in quality and within our artistic standards.

• The Photographer reserves the rights to select, keep, edit and release only those photographs that meet her artistic standards. RAW files are NOT available for sale and are discarded after the photographer emails the final purchased products to the client.

• The Studio keeps photos for a limited amount of time, subject to the Studio’s discretion. Client accepts all responsibility for archiving and protecting their photographs and video footage. Dark Moon Boudoir, LLC is NOT not responsible for the lifespan of any digital media or print products sold.

• Photos received from the studio are final. Additional editing and revisions are NOT possible.

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COPYRIGHT EXPLANATIONS

• Dark Moon Boudoir,LLC is the rightful owner of all photos taken during your session.

• You may not post any images online or print publications without giving credit to Dark Moon Boudoir, LLC as the creative authors.

• You may NOT use your images for commercial purposes without Dark Moon Boudoir’s written consent.

• You may not reproduce any printed images, albums, or print products purchased from our studio in any way including but not limited to any form of print or electronic reproduction.

• When you purchase high-resolution digital images, you will receive print permission for personal use. Your print release does not allow the photos to be altered, sold or published.

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GENERAL LIABILITY RELEASE

• The client assumes full liability for any property damage done to our equipment by themselves and companions and agree to reimburse property owner for such damage.

• The client releases Dark Moon Boudoir, LLC and its owners, contractors and employees and assume full liability for any personal damages done to themselves, third-party vendors or any companions, during their photo session.

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INDEMNIFICATION

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

 

FORCE MAJEURE

If and to the extent that a Party’s performance of any of its obligations pursuant to this Agreement is prevented, hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, revolutions, strikes, labor disputes, pandemic events (including but not limited to the COVID-19 virus) or any other similar cause beyond the reasonable control of such Party (each, a “Force Majeure Event”), then the non-performing, hindered or delayed Party shall be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues; provided, that such Party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall promptly notify the other Party in writing of the occurrence of a Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event. Under no circumstance, including force majeure, will Client be entitled to return of any fees paid.

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SAFE WORKING ENVIRONMENT

Photographer reserves the right to discontinue or refuse service in the event that an unsafe condition arises such as an area being affected by a communicable disease or any client or person may have, or has, any communicable illness or disease. Photographer reserves the right to suspend or delay contracted services until all such risk has been minimized, which may include proof from a licensed medical provider confirming client or other persons are not contagious in any way. If Photographer cannot perform services due to illness of Client, Client will not be entitled to a refund for any monies paid if service is discontinued for reasons stemming from this section. Client agrees that it cannot hold Photographer liable for contracting any illness contracted when engaging services per this Agreement

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CORONAVIRUS/COVID-19 NOTICE AND WAIVER

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NOTICE

Client is hereby notified and agrees that: While the State of Florida has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by the Dark Moon Boudoir, LLC are subject to those rules in place at the time the photography services are to be performed. Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity. Due to the nature of the services provided, social distancing and facial masks are not always possible during the services provided by Dark Moon Boudoir, LLC. Client explicitly agree and understand that failure to adhere to such measures places them at increased risk of COVID-19 exposure or transmission.

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WAIVER

Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure. As consideration for this waiver, Dark Moon Boudoir, LLC agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure. Notwithstanding the foregoing, the Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.

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MUTUAL NON-DISPARAGEMENT CLAUSE

For purposes of this Section, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral, about The Studio or services provided by the Studio and its owners, independent contractors and employees. The Client and the Studio agree that they will not post any negative statements, reviews, comments, or feedback about the Studio or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Twitter, and Yelp. Parties agree that in the event of the client’s dissatisfaction with the Studio services, the Studio will make their best effort to respond to the Client’s concerns and voluntarily offer a solution that could satisfy both parties. Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has filed to comply with this provision, liquidated damages equal to attorneys fees shall be payable to the Studio.

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LATE START

Your session has being given a specific start time. Please, plan your drive time to arrive at least 15 minutes prior your session start time. Customers who arrive late will have their time frame shorten to accommodate their scheduled time-frame. For example, if you booked a one-hour session and arrive 20 minutes late, your session will be 40 minutes instead. Our cancellation policy applies to customers that do not arrive within 30 minutes from their scheduled start time. If you encounter a last-minute situation out of your control that will cause you to arrive late, a courtesy call is expected and highly appreciated.

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STUDIO RIGHTS TO CANCEL APPOINTMENT

In the event that costumer become unreasonable or hard to work with, and/or verbally abusive or aggressive, Dark Moon Boudoir, LLC reserves the right to cancel their appointment, refuse to service the client, and NO refunds will be issued.

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PHOTOGRAPHER DISCLOSURE

Please inform the studio before you sign this agreement if you are a professional photographer. A Non-Disclosure and Non-Compete Agreement is required to customers who are professional photographers, or planning to start their own photography business.

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CONFIDENTIALITY + PRIVACY

• This agreement, Dark Moon Boudoir’s packages and services, information about our studio, portrait sessions, technical information, everything related to Dark Moon Boudoir, LLC and how we conduct business is considered confidential information. You may NOT share this information with other professional photographers, and you may not use this information to start your own photography business.

• Your privacy is important to us. Dark Moon Boudoir, LLC will NOT use your purchased images for promotion or marketing without your written consent.

• All written and oral information and material disclosed or provided by the Client to the Photographer under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Photographer.

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When you book an appointment and sign this agreement electronically, you agree to all the studio policies listed on this page.

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