Terms & Conditions

Terms & Conditions

1. Scope of Work:

PHOTOGRAPHER and CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location which will be confirmed 7 days prior to the photoshoot via reminder emails. 

2. Retainer and payment:

Upon your signature, PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. The CLIENT shall pay the session fee retainer that is strictly non-refundable, no exceptions. Only once these terms are accepted and the session fee retainer is paid does the shoot become confirmed and the time and date guaranteed. 

Upon payment of the non-refundable session fee retainer, PHOTOGRAPHER will reserve the time and date agreed upon by both parties exclusively for you. The full amount + any agreed upon additional travel fees must be paid prior to the date of PHOTOSHOOT. No services will be made until full payment is made. In the event that payment is dishonoured after payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received. Albums range from $799-4499, Folios range from $599-699 and digital images are $100/each. Minimum order ($400) can be applied to any of these product types. ALL SALES ARE FINAL. These prices can change at anytime without notice.

3. Work Product:

All photographs will be shot in digital format. The session fee does not include any images or products, and is strictly non-refundable. All images and products are sold separately after the proof images are viewed by the CLIENT with a minimum order of $400, not including the session fee. During the reveal the same day of the PHOTOSHOOT, images will be presented and can then be ordered with desired products at additional fees. Minimum order is due at Reveal. Be advised that RAW files may be destroyed at any time after the online gallery has closed. RAW files will never be delivered to the CLIENT, no exceptions. Alteration of the CLIENT'S body will NEVER be included in session fee or image pricing. Bedhead Creative Corp represents body positivity and to include alteration of the body would go against these values. If requested by the client, images will be sent out to an external editor at a PREMIUM PROCESSING FEE of $29/image which will be billed to the CLIENT. The CLIENT may download (NOT SCREENSHOT) images from the online gallery for personal use only. ONLY contracted client will have access to download images. Downloaded images must not be edited or reproduced in any form including for the purpose of being submitted to contests, publication, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written license of the PHOTOGRAPHER. Once the balance is fully paid, a turnaround time of 4-6 weeks applies to all printed products. 3-5 weeks for digital products. Please reach out to me before booking if you're hoping to have your images back sooner. Turnaround times are subject to the PHOTOGRAPHER'S availability, seasonal events and/or discretion as well as the PRINT LABORATORY's turnaround times. 

4. Rescheduling/Late Arrivals:

In the event that the CLIENT requests to reschedule its session, the retainer will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled PHOTOSHOOT. Your Session Fee Retainer can be rescheduled ONE TIME with at least 7 days notice. Without 7 days notice, PHOTOGRAPHER will be entitled to retain all amounts paid under this contract and not renew the session. A new session for any no-show or last minute cancellations will require a new non-refundable Session Fee. Rescheduling a session for the second time for any reason will require a rescheduling fee of $200 + a new Session Fee Retainer at its current price point. Any CLIENT that is late arriving to the session will have the remaining amount of time allotted for the session. All additional time beyond the scheduled end time (if available) will be billed to the CLIENT at a last-minute fee of $150/hour. All Session Fee Retainers must be shot within 1 calendar year of purchase or a new Session Fee Retainer will need to be paid. Rescheduling of $99 and mini sessions is not permitted. $99 and/or mini sessions cannot be refunded, rescheduled, combined, transferred or credited in anyway for any reason. Please book accordingly.

5. Cancellation:

If CLIENT cancels this agreement or fails to show, all payments made to PHOTOGRAPHER will be forfeited. If CLIENT does not show for scheduled session without ANY given notice or communication, PHOTOGRAPHER reserves the right to refuse any future bookings. Any new sessions to be scheduled will require a new session retainer/fee.

6. Indemnification:

6.1 - PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the PHOTOSHOOT. The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive or uncooperative guests, lateness of the CLIENT or guests, weather conditions, natural lighting conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, restrictions of the locations, physical limitations of the client.

6.2 - The PHOTOGRAPHER is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.

6.3 - If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside its control: PHOTOGRAPHER will make reasonable efforts to arrange a new shoot date. If this is not possible PHOTOGRAPHER will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract if the PHOTOGRAPHER is unable to perform services; if no other options, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this PHOTOSHOOT if a substitute photographer cannot be found; If the fees to be charged by the substitute PHOTOGRAPHER exceed the fees payable by CLIENT under this contract, CLIENT will be entitled to elect: to engage the substitute photographer (in which case, CLIENT shall be liable for any additional fees charged by the substitute photographer); or to require PHOTOGRAPHER to return in full all payments in accordance with subparagraph 2 above.

6.4 -PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.

6.5 - If PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged with or without fault of the PHOTOGRAPHER, the PHOTOGRAPHER will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the PHOTOGRAPHER under this Agreement OR a rescheduled shoot within 6 months of the original date.

6.6 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this PHOTOSHOOT 31 days after the online gallery has been delivered to CLIENT. CLIENT will have 31 days after gallery delivery to download and back up their images, make PHOTOGRAPHER aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality, and contents, or anything relating to session coverage. After this 31-day term has expired, PHOTOGRAPHER will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by PHOTOGRAPHER if requested by CLIENT but an archival fee of $35 per image for retouching will be billed to CLIENT. If available, galleries can be taken out of archive and put back online for an archival fee of $75 per re-issue. 

6.7 – CLIENT agrees to indemnify and hold PHOTOGRAPHER, Bedhead Creative Corp, Wish Bridal Boutique, The Lovely Teahouse and Cristina's Antiques and all affiliates/employees harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER or other parties).

6.8 – PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client. Galleries will not be re-edited or changed. If there is an issue with your gallery, do not download the gallery, bring to the attention of the PHOTOGRAPHER. Black and white/colour versions of images are not guaranteed or included. If requested, images can be adjusted to another version for $10 per image. 

6.9 -The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. Refunds will not be issued for clients that do not like the editing style of their images. Please review my portfolio and galleries to get an idea of my editing style before booking. Weather, lighting + areas of the studio can and will change the final look of images.

6.10 -PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the PHOTOSHOOT if the photographer experiences disrespectful, inappropriate, uncomfortable, threatening, hostile or offensive behaviour from ANYONE at the PHOTOSHOOT; or in the event that the safety or comfort of the photographer is in question. If PHOTOGRAPHER leaves the PHOTOSHOOT in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to CLIENT, but will be obliged to provide CLIENT with photographs taken by PHOTOGRAPHER prior to PHOTOGRAPHER leaving the PHOTOSHOOT.

7. Exclusive Photographer:

CLIENT agrees and understands that no other party other than PHOTOGRAPHER and the PHOTOGRAPHER'S assistant may take pictures or videos of any poses, lighting situations, or setups made by the PHOTOGRAPHER. Spouses, friends and other people not being photographed may not sit in on our session unless express permission has been given by the PHOTOGRAPHER to the CLIENT. This slows down the PHOTOGRAPHER’S work and violates the PHOTOGRAPHER’S intellectual property in the composition of pictures of the PHOTOSHOOT. CLIENT agrees to do all things reasonably requested by PHOTOGRAPHER to ensure that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations. Any person(s) with permission to sit in is forbidden from taking any photo or video footage.

7.1. Associate Photographer

When booking any LAVISH PHOTOSHOOT, CLIENT understands that these sessions are sometimes shot by the ASSOCIATE PHOTOGRAPHER who is of comparable professionalism and skill set out by BEDHEAD BOUDOIR. CLIENT understands that KRYSTEN WILLIAMS will not be present for all LAVISH PHOTOSHOOTS and the ASSOCIATE PHOTOGRAPHER will be leading the PHOTOSHOOT as trained. When booking any LUSH PHOTOSHOOT, KRYSTEN WILLIAMS will be present and leading the PHOTOSHOOT.

8. Copyright and Model Release:

PHOTOGRAPHER shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, social media and/or studio. CLIENT has the right to refuse sharing of intimate images. 

If the PHOTOGRAPHER desires to make other commercial uses of the images to promote the commercial interests of any business other than the PHOTOGRAPHER’s own business, the PHOTOGRAPHER shall not do so without first obtaining the written permission of the CLIENT. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the PHOTOGRAPHER

9. Social Media license:

In consideration of the payments due under this agreement, PHOTOGRAPHER grants CLIENT a perpetual non-exclusive license to reproduce images downloaded from the photo gallery as follows:

CLIENT may share the photos delivered by the PHOTOGRAPHER on CLIENT’s personal and business social media accounts, provided that in each such post. CLIENT must credit/tag PHOTOGRAPHER and hair and makeup artist where applicable. This licence does not permit CLIENT to screenshot poor quality images, add any filters or edit, crop or alter photos in any way, or to do any other act which would infringe PHOTOGRAPHER’S moral and property rights. Client does not have copyright of any images.

12. Pricing & Additional Products:

Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers and gift certificates have no intrinsic cash value and may only be applied toward products or services purchased. Individual payment plans are available to every single client. Minimum order is $400. Albums range from $799-4499. Folios range from $599-699. Digital images are $125/each. $400 minimum deposit due during Reveal for all payment plans and requires two credit cards saved for auto processing payments. 

Only once these terms are accepted and the session fee retainer is paid does the session become confirmed and the time and date guaranteed. The session fee is a strictly non-refundable retainer. 

13. Turnaround Times

Turnaround times (the process after the PHOTOSHOOT of culling, proofing, editing, product design, lab production and shipping) are constantly changing depending on seasonal and personal availability. The steps in this process that are in the PHOTOGRAPHER'S control (culling, proofing, editing, product design) will take between 4-5 weeks from when the order was placed or paid for in full. Lab production times vary depending on time of year and are out of the PHOTOGRAPHER'S control and liability. PHOTOGRAPHER will not be held liable for delays or damages in production or shipping process as long as the order was submitted by the PHOTOGRAPHER to the lab no less than 21 days before the due date (including but not limited to wedding dates, anniversary dates, Christmas, etc.) PHOTOGRAPHER will do everything possible to get products to you before these deadlines, however it is not guaranteed and not grounds for a refund of late products. 

14. Age and Consent 

By accepting these terms and conditions, you confirm that ALL parties attending the PHOTOSHOOT are over the age of 18 years old at the time of accepting these legally binding terms and conditions and that no coercion was involved and all parties fully consent to the PHOTOSHOOT. If at any point any CLIENT appears uncomfortable they will be asked to leave immediately. Any clients who appear to be or admit to being under the influence of any alcohol or drugs (legal or otherwise) will be asked to leave and not refunded.

15. Non-Communicative Clients

PHOTOGRAPHER is under no obligation to retain images of non-responsive CLIENT or to honour any discussed deadlines if payments are not made or communication is not returned. Client is considered non-responsive after 14 days OR 2 unsuccessful attempts at communication by the PHOTOGRAPHER. If CLIENT does not show for 2 consecutive Reveal Appointments, no further communication by the PHOTOGRAPHER will be attempted and CLIENT will be banned from booking online. PHOTOGRAPHER will not be liable to client for galleries that close before being viewed if CLIENT is non-communicative. If Reveal appointment is not booked/attended by the CLIENT 30 days after the PHOTOSHOOT, gallery and images will be considered abandoned and deleted. 

16. Album Design

The final design product, edits, layout, design, cropping and overall look of the album design are left to the discretion of the PHOTOGRAPHER. One change can be requested at the time of proof-delivery. Any further changes, or photoshop requests will incur an additional editing fee of $50/hour with a minimum of 1 hour. Requesting changes can delay deadlines and delivery and PHOTOGRAPHER is not liable for delays. Once Album Design Approval Form is signed and authorized, the album/product will be submitted to the print lab & then digital files will be delivered to the CLIENT for download if purchased.

17. Payment Agreements

Payment Plans are available for all clients as discussed during the Reveal appointment and agreed upon by both the PHOTOGRAPHER and CLIENT. Payment agreements are only offered through Afterpay. The approval process, payment amounts and due dates, and late/unpaid invoices are between CLIENT and the chosen service. If approval is not given, order is required to be paid in full at the time of the Reveal. 

18. REVEAL APPOINTMENTS

For LUSH PHOTOSHOOTS, Reveals will be done in-person the same day of your shoot with KRYSTEN WILLIAMS. For LAVISH PHOTOSHOOTS, Reveals will be done over Zoom 2-3 days following the PHOTOSHOOT with KRYSTEN WILLIAMS.. During a Reveal appointment scheduled by the PHOTOGRAPHER, unedited proof images will be presented via screen share on Zoom to the CLIENT in order to choose images and purchase them. ALL images shown are unedited and UNPURCHASED. Images are not included in your Session Fee. Screenshotting or screen recording your Reveal appointment is strictly prohibited and will result in a $350 fine in addition to an invoice for each image that was stolen. Images stolen will not be edited. PHOTOGRAPHER reserves the right to refuse future bookings/sales. Image orders are always due during the Reveal & Ordering Session. 

19. Couples Sessions. Only the Lush Session can be used for couples shoots, not the Lavish Session. Everyone attending the shoot must fully consent without coercion or intoxication. If anyone looks or feels uncomfortable they will be asked to leave. 

20. Weekend/Holiday Surcharge. Weekend and Holiday shoot dates are not available on the calendar but can be requested by the client for a surcharge of $200 in addition to the chosen session fee cost. Weekend dates are not guaranteed.