1. SCHEDULING: To schedule your session you can contact me via phone, email or social media. A $50 retainer fee is due at the time of booking. Half of your chosen session package is due the week prior to your session. For groups over six, this also includes a $25 per person fee. For mini-sessions and special discounts, the full session fee is due upon booking. Your booking fee will be applied to your chosen package upon delivery of your images. Booking fees are transferrable, with restrictions, in case of an emergency and you need to reschedule.
2. RESCHEDULING: If for any reason you cannot make it to a session due to illness, injury, family emergency or other unforeseen events, your session will be rescheduled within six months to prevent the forfeiture of your retainer or session fee. Please make sure you are proactive in the rescheduling process.
If for some reason I cannot reschedule within six months, your retainer fee will be returned to you. If your session is not able to be rescheduled within six months due to lack of miscommunication or failure on your part to be proactive in the rescheduling process, your session will cancelled and your retainer fee forfeited.
For all locations requiring a deposit, like boudoir session venues that require a deposit to secure the venue, cancellations require a minimum advanced notice of 48 hours otherwise the venue deposit will be forfeited. If any venue requires a cancellation notice of greater than 48 hours, I will inform you.
CAKE SMASH SESSIONS: Cancelling or rescheduling a cake smash session requires a 2-week notice.
3. LOCATIONS: Outdoor locations may be up to 30 minutes outside of Tucson. Locations requested outside of that are subject to an additional travel fee based on the location. I will try to honor location requests, however if a location is not suitable due to lighting, time of day, private property restrictions or for safety reasons, I have the right to decline and suggest another location.
I generally do not do photo sessions at clients’ homes for safety reasons, however exceptions can be made and will be done so on a per client basis. Prior coordination and a home visit may be necessary to ascertain shooting location, size, lighting, etc., and to make sure the location is suitable for the intended session. There are no exceptions for boudoir sessions.
PRIVATE LOCATIONS: Locations such as golf courses, museums, hotels, etc. can make beautiful session locations, however they often require approval by the facility in addition to usage fees. Usage of these facilities must be coordinated by the client and approved of by the location personnel prior to your session.
NEWBORN SESSIONS: Newborn sessions are conducted in my home studio, or can be conducted outdoors if the temperature is over 80 degrees and mild, i.e. no wind, rain, etc. Clients must specify their request for indoor or outdoor sessions at the time of booking. Indoor AND outdoor sessions are available for an additional $75 fee.
BOUDOIR SESSIONS: Boudoir sessions are done outside or another location I feel is esthetically pleasing and appropriate for a boudoir session. Clients are welcome to recommend a location, but it must be approved of by me, to ensure maximum shooting operability, and must be a neutral location, i.e. not at a friend’s house. The best locations would be a hotel, home rental, etc.
4. SESSION DELAYS: If you will be late to your session please contact me immediately via phone or text. I do not check social media messaging often enough when at a shoot for it to be reliable for communication. If you will be more than 30 minutes late to your session, we may need to reschedule as I schedule to coordinate with the best lighting for your photos and 30 minutes could make a difference. If you are more than 30 minutes late to your session and do not contact me to reschedule, or contact me after our scheduled time has already begun, your session will be cancelled and your booking fee will be forfeited.
If sessions are delayed due to weather or any other unforeseen complication, I am happy to reschedule with no additional fees or penalties.
5. LARGE GROUPS: Groups over six individuals will be subject to an additional per-person fee of $25 each due to the additional work required, i.e. coordination, editing, etc.
6. CONTRACTS: All clients must accept my policies, and by doing so, enter into a contractual obligation. If the contract is not signed, you will forfeit your session and booking fee.
1. WHAT TO BRING: Sentimental items, favorite toys or something that will keep your child happy during the session, games or devices to keep your children occupied when not being photographed, extra clothes, snacks, etc.
BOUDOIR SESSIONS: lingerie, clothing, shoes, props (something sentimental to you and/or your significant other), accessories, jewelry or beauty items that may enhance your appearance. You may bring images of boudoir poses or outfits to visually articulate ideas for your session.
I am more than happy to try to accomplish your favorite poses, incorporate favorite clothing articles or props, but remember that when you hire me, you are also hiring my style. Please respect my style and my expertise in photography and styling by not asking me to photograph you in a way that is unique to another photographer. Your session will be composed, shot and arranged with my artistic judgment and expertise. Certain poses, outfits, etc. may not be complementary for your shoot and it is my job to ensure you look and are presented to maximize your appearance.
2. WHAT NOT TO BRING: alcohol, drugs and/or paraphernalia, anything of a sexually explicit nature, or anything that my cause distractions or is unsafe/dangerous.
3. VISITORS: BOUDOIR CLIENTS - I do not allow any additional parties to be present during your photo or make-up & hair session including significant others, friends, children, etc. Couples sessions are allowed for the additional price of $75. During a couple's session, partners will be present during the last half of the session only, and must remain partially clothed during the shoot. Sessions are client focused and there will be no explicit sexual interaction between the client and their significant other. I reserve the right to end the session at any time if I am uncomfortable with the actions of the couple.
STUDIO CLIENTS - Clients over the age of 18 may bring a parent or guardian to the shoot for safety/assistance purposes. For children and newborn sessions, you are limited to two parents or family members who can help during the session. Make-up artists, friends, other children, significant others, etc. are not allowed at the session because they can be distracting for both myself and the client.
OUTDOOR SESSIONS - I have no visitor restrictions during outdoor sessions, however if your visitors are in any way distracting during the session, I will ask them to leave.
NON-COMPLETION OF SESSIONS: I reserve the right to end your session at any time if I feel uncomfortable, or have been mistreated in any way. I also reserve the right to refuse service to anyone who has violated any portion of this policy. If I deem it necessary to end your session early, you forfeit your booking fee.
4. NEWBORN SESSIONS: Newborn sessions are best for babies between the age of 5 and 14 days old. It is essential to understand that not all poses may be suitable for all babies. Even at a few days old babies have their preferences. Although I strive to deliver the poses you most desire, it may not be possible. Babies who are used to being held, swaddled or carried may be more difficult to pose. In such cases I rely on wrapped poses to soothe a baby. If you desire certain poses or do not want certain poses included in your session, you must inform me prior to your session.
For scheduling, it is essential that you contact me prior to the arrival of your little one to ensure availability. As babies very rarely arrive on their due date, I keep a block of time open for you, but need to schedule this block in advance. Newborn sessions booked after your baby arrives are subject to availability. Due to the uncertainly of how a baby will react during a newborn session, I cannot guarantee certain poses or a certain number of images from your session. If for some reason your newborn does not sleep and/or we cannot get the variety of images I strive for, I do offer one redo session. This session will be maximum of 2 hours.
5. CLIENT CONFIDENTIALITY: I acknowledge that I may receive information during our session that is sensitive and private to the client. I agree to the best of my ability to keep that information private except as required by law.
6. MAKEUP & HAIR: Professional make-up and hair is available to all clients. Professional make-up and hair sessions include a 1-2 hour session with a highly reputed hair and make-up artist(s) in the local area. It is the responsibility of the client to ensure the make-up and hair professional completes your requests to the best of their ability. It is also the client’s responsibility to voice any issues they may have prior to being photographed so the hair and make-up artist(s) can make any necessary changes. I am not responsible for images the client does not like because of hair or make-up issues. Clients may not use dissatisfaction with make-up or hair as a reason to default on their order obligation.
7. CLIENT CONDUCT: Clients shall be responsible for their behavior during portrait sessions. I reserve the right to terminate the session without notice if I deem client behavior to be unruly, unsafe, or distracting. In such instances, I reserve the right to retain the full booking fee. Clients will reimburse Heather Davis of Belle Vie Photography for any loss or damage caused to the property or equipment.
1. ORDER MINIMUM: While I strive to make your photography session experience wonderful, I am not here to only offer the experience of the session itself; clients must purchase one of my product packages. If you are unhappy with the images from your session, you may elect to do a redo session for $150.
2. PROOFING: Due to the work and detail I put into creating your finished images, galleries take from 3-4 weeks to complete. From September to January, galleries can take up to 6 weeks due to the high demand of my services.
Your gallery will consist of approximately 20-30 fully edited images from a regular session and 10-15 from mini-sessions. Any more will be at my discretion only. These images will be selected based on my artistic eye and professional expertise. If you have particular poses, special requests, etc. that you would like, you must make them known before or during your session. If these poses or special requests are not flattering or are in any way unrepresentative of the quality of my photography work, they will not be incorporated into your proofing gallery. Unedited, RAW files/images are not shown nor are they provided to the client. They are my property and cannot be purchased.
3. PAYMENT PLANS: I do offer payment plans of varying lengths for my various packages. If you would like to use a payment plan, I must be notified upon delivery of your gallery. Once you decide on a package, products will not be ordered or delivered until payment is received in full. Once payment is received in full, your order will go into my queue in the order it was received and may take up to 6 weeks depending on my work load.
4. ONLINE GALLERIES: Notification of online proofing gallery availability will be sent the same day your gallery becomes available. From the date of notification you will have 14 days to view your gallery and make a purchase. I will send your gallery link via any means you have used to contact me previously. Receipt confirmation would be appreciated in case you have any issues with viewing the gallery. I am not responsible for any issues that may arise that prevent you from receiving your gallery link or viewing your gallery. If for some reason you do not have the ability to view your gallery online, I will delay the posting of your gallery, or will provide physical proofs for an additional fee. Proofing books are available starting at $40.
Gallery images are for online viewing only. Any reproduction or screen grab are a direct violation of my policies and copyright laws. It is theft, plain and simple, so just don’t do it. All violations will be prosecuted to the full extent of the law. You may not scan prints and post the copies online. In the event I find you posting unauthorized copies of my work, you will be charged $50 per image plus a $50 processing fee.
5. ORDER PROCESSING: Client proofing of product orders is completed prior to order submission with my professional lab. Product drafts will be uploaded to a private online gallery for your approval. Client approval of orders does not count toward my processing time. In the case of illness, injury, family emergency or other unforeseen events, I reserve the right to extend client order processing time. My clients, however, are extremely valuable to me and I will do everything I can do get your products to you on time with the greatest of care.
Please provide me the time I need to process your images. I can process your images faster if I am not responding to emails, messages, texts or phone calls inquiring when you your images will be ready. I understand that you are excited to see them, but I work very hard to process your images within the product delivery timelines I set above, so unless you do not receive your images and products on time, please refrain from contacting me to check on when your images will be completed. Thank you in advance for your understanding.
6. RETOUCHING & EDITING: I edit all client images to enhance and beautify you and your natural surroundings while retaining the integrity of you and your setting at the time of the session. I want you to love and appreciate who you or your child/family is at this point in your life. Each of us possesses unique and amazing traits, which I focus on highlighting.
Although I welcome retouching requests and will try to ensure your requests are met to the best of my ability, I maintain creative control over the images I create and will provide my clients the best images of themselves using all of my expertise and creative abilities. My style is unique and I craft my images like artwork.
7. EDITING SATISFACTION: I want you to love your images and love the way you look. I will do my best to make you look and feel amazing both during your session and while looking at your images. Everyone’s idea of what they want in an image is different, and each photographer has their own unique style and way of editing. By entrusting me with capturing your images you are also entrusting me to creatively style and impart my artistic vision on your portraits. Please respect my artistic vision for your portraits and my creative style.
8. EDITING REQUESTS: If you have specific editing requests, please tell me at the time of your session. Any special editing requests provided upon delivery of your gallery will be at my sole discretion and may incur a fee. Please remember that you are hiring me to create images for you based on my style and professional artistic ability. That being said, I absolutely understand certain images may require special editing so please don't hesitate to ask.
9. CROPPING: Due to the professional photography equipment used for your session, the size ratio of the proofing images will be different than the size ratio of various print products. I will do my best to retain the integrity of the image during cropping, but part of the image may be compromised. If you have special cropping requests, they must be made known prior to the placement of your order.
10. ALL SALES ARE FINAL: If you are unhappy with your gallery images, I reserve the right to work with you to remedy the situation; however it will be at my sole discretion. There will be no refunds for work already completed, i.e. booking fees or edited images. If there is a discrepancy with a product you ordered and it is clearly the mistake of me or my professional lab, I will exchange your order with the correct product; you will not be able to keep both.
11. PRODUCT DELIVERY: Once payment is received your digital images will be made available online for immediate download. Your final image gallery will be available for 14 days. Failure to download or approve of your images in that 14 days will result in a $25 gallery renewal fee. Product orders can be picked up at my studio, I can meet you for delivery at a central location, or they can be shipped to your home for an additional fee. Please let me know upon ordering.
I will use all reasonable efforts necessary to meet the product delivery deadline I have personally coordinated with you; however I am not responsible for product delays due to professional lab problems, courier issues, national disasters, weather delays or any other unforeseen issue. You will be informed of any delay of your product as soon as I can.
12. FUTURE ORDERS: Future orders are welcome after the placement of your original order, however are subject to a $100 purchase.
13. PRICES & POLICIES: All prices and policies are subject to change without notice.
14. DIGITAL MEDIA: I take extensive precautions to ensure the digital media clients receive is of the utmost quality. I use a highly reputed and safe photography gallery website to display client galleries and for client’s to download their purchased digital media. I am not responsible for any issues that may arise from downloading the media, i.e. client computer issues, destroyed images, etc. If you have any problem with the images you receive via digital download, notify me immediately. If you do not have the ability to download your digital files, you may purchase a thumb drive for $50. Digital media galleries are made available for client download for 14 days. If you do not download your digital files within 14 days, you will be subject to a gallery renewal fee of $25 to download your images.
15. RUSH ORDERS: Rush orders are available for a 50% service fee of your total order amount, or $25 per image. Based on time constraints rush orders may not be available for some orders.
16. GALLERY PRIVACY: Sharing of your images is at your discretion only. I will not release images to family members without your express permission. If you would like to share your images with your family, please feel free to share your gallery link so they can download or order products directly from me. This policy is to protect you and your images.
1. PREVIEWS AND POSTING: I post edited preview images from each of my sessions to Facebook and Instagram, and use them for future advertising purposes only for Belle Vie Photography. Boudoir client image previews will be tasteful and will not show any nudity, but may show bras or panties. If you do NOT want any of your images previewed on Facebook or Instagram, please sign the Use Restriction at the bottom of the contract. Please remember that I am the sole copyright owner of the images and have lawful privilege to use them as I see fit. I do, however, want to protect my clients’ privacy and wishes as much as possible.
2. USAGE AND SHARING: Please share your preview photos, make them your profile picture, tag yourself, etc.; however please remember that it is not your photo until you purchase print rights. Any usage of an image that has not been purchased must have the logo clearly displayed and/or credit clearly given to my business. If the image or logo is cropped or altered in any way and due credit is not provided to my business, I have the right to take action under US copyright laws.
1. US COPYRIGHT LAWS: In accordance with United States Copyright Laws, the copyright of all images created by Heather Davis of Belle Vie Photography is owned by Heather Davis. Unless provided with written authorization, it is forbidden by law for the client to make prints, reprints, copies, or digital duplications of any images created by Heather Davis. Scanning, photographing or screen grabbing preview images from your online gallery or proofing book is strictly prohibited. Reproducing purchased photographic prints for distribution is also prohibited; this requires purchase of the digital image and is accompanied by a print release. Clients may never purchase the copyright of images created by Heather Davis, and at no time will Heather Davis of Belle Vie Photography process work produced and copyrighted by another photographer.
2. PERSONAL USE ONLY: Products are for personal use only, this includes the use of photos for your professional use, i.e. business cards, business website, etc. Any commercial use, however, is strictly prohibited.
3. WAIVER OF LIABILITY: In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Belle Vie Photography, I (the client), for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Heather Davis of Belle Vie Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Belle Vie Photography resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment. I acknowledge, agree and represent that I understand the nature of the portrait session and that I am qualified, in good health and in proper physical condition to participate in such portrait session. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the portrait session.
I also release, waive, discharge, and covenant not to sue the owner, organization, its directors, officers, employees, and agents of any location or facility used for my portrait session, i.e. hotels, rental homes, parks, etc. I also understand that Heather Davis of Belle Vie Photography is in no way affiliated with any of these locations.
4. ASSUMPTION OF RISK: This use of Belle Vie Photography's property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I have read the previous paragraphs and I know, understand, and appreciate that risks may occur in the activities made possible by Heather Davis of Belle Vie Photography. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
5. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Heather Davis of Belle Vie Photography HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including legal fees brought as a result of my involvement in a portrait session with Heather Davis of Belle Vie Photography, and to reimburse her for any such expenses incurred.
6. SEVERABILITY: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. ACKNOWLEDGEMENT AND UNDERSTANDING: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue Heather Davis of Belle Vie Photography. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. Heather Davis reserves the right under the federal copyright law to use images she creates to promote her business and if you prefer not to participate, please indicate such in the Use Restriction section below.
8. This contract shall be interpreted in accordance with the laws of the State of Arizona without regard to any conflicts. All claims, disputes, and lawsuits arising out of or in connection with this contract shall be resolved or adjudicated in the city of Tucson in the State of Arizona.
9. By commissioning Heather Davis of Belle Vie Photography for a portrait session, the client grants Heather Davis of Belle Vie Photography to use and publish photographs, pictures, portraits or images in which the client appears in any form, media and manner, including, but not limited to, composite images or distorted representations, for the purposes of publicity, illustration, commerical, and publishing (including publishing in electronic form), for lawful uses as may be determined by Heather Davis. All client likenesses will remain complimentary to the client and not degrade their likeness or personal representation in any way. The client waives all rights to review or approve any uses of the Photographs unless specific usage is noted on the Use Restriction below.
COVID-19 RELEASE OF LIABILITY WAIVER
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND CONSTITUTES A CONTRACT BETWEEN ME AND HEATHER DAVIS “PHOTOGRAPHER” OF BELLE VIE PHOTOGRAPHY.
I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT DURESS OR COERCION AND I AM AND HAVE BEEN FULLY INFORMED OF THE CONSEQUENCES OF MY SIGNATURE HERETO.
I AM AWARE THAT PARTICIPATION IN THIS SESSION MAY INVOLVE INTERACTION THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS OR EVEN DEATH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND INTERACTIONS WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CURRENT COVID-19 PANDEMIC AND CONTINUE THIS ACTIVITY AGAINST CENTER FOR DISEASE CONTROL AND/OR GOVERNMENTAL DIRECTIVES.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
I hereby waive, release and forever discharge PHOTOGRAPHER (“Released Parties”) from any and all claims I may have now or arising in the future related to my participation in the photography session. I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in the session or my travel to and from such activities . I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I further agree to indemnify and hold harmless all released parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the released parties, my travel to or from such activities.
Parent or Guardian Release or Waiver
I represent and warrant that I have the authority to give this release.
I further authorize any emergency medical care which may be necessary for my minor child.
The undersigned Parent or Legal Guardian of the minor child (the “Minor”) agrees:
This Agreement shall be governed by the laws of Arizona.
In the event any portion of this Release shall be declared invalid, unenforceable or void by a court of competent jurisdiction, the remaining provisions of this Release shall remain in full force and effect.