TERMS OF SERVICE

 

This website is operated by MODERN BEAUTY BOUDOIR. Throughout the site, the terms “we”, “us” and “our” refer to MODERN BEAUTY BOUDOIR. MODERN BEAUTY BOUDOIR offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted through Squareespace Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


• Payment includes sales tax. Payment is for a non-refundable retainer that can only be applied towards a session fee without exceptions.
• Retainer fee covers communications before your session, pre-consultation, shooting, ordering appointment, and retouching.
• It does not include additional services including but not limited to additional outfits, locations, production of boudoir film, prints, products, both physical and digital, or any other files.
• All purchasing decisions are made at ordering appointment held up to 2 weeks after the photo session.
• Images are not used for marketing or advertising purposes outside of the ladies-only private Facebook group without the client's express written permission.
• Clients are permitted only one rescheduled session if rescheduling request is made at least 7 days before the session. After one permitted session rescheduling, any further rescheduling will require an additional booking fee of $400 to hold your spot.
• If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.

www.modernbeautyboudoir.com

info@modernbeautyboudoir.com

We are pleased that you have selected MODERN BEAUTY BOUDOIR for your studio or on location photography services. MODERN BEAUTY BOUDOIR is honored to photograph you in our unique artistic style. This letter sets forth the terms and conditions of our engagement.

This agreement contains the entire understanding between MODERN BEAUTY BOUDOIR and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and must be signed by all parties. If the parties wish to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have a signed waiver in writing.

• Release of Liability. The Client agrees to release MODERN BEAUTY BOUDOIR from all liability arising from or related to their photography. This includes, but is not limited to, all liability for damages resulting from the active or the passive negligence of MODERN BEAUTY BOUDOIR or MODERN BEAUTY BOUDOIR's agents. The Client will agree to arbitration methods by a MODERN BEAUTY BOUDOIR chosen party.

• No other commercial, semi-professional or professional photographers shall be allowed. Client must ensure that MODERN BEAUTY BOUDOIR will be the sole photographer. The Client agrees that MODERN BEAUTY BOUDOIR may, at their discretion, reposition people or objects, or direct changes to existing or supplemental lighting in the rare instance when such factors interfere with MODERN BEAUTY BOUDOIR ' duties. Client agree that MODERN BEAUTY BOUDOIR will be the only photographers that have exclusive rights to have any photographs from the Session published in any form. In the event that MODERN BEAUTY BOUDOIR is not the sole photographer at the Session, MODERN BEAUTY BOUDOIR has the right to choose to stop photographing the Session or the Client at any time during the Session and MODERN BEAUTY BOUDOIR will retain all monies paid to date without having to deliver any products or images. The Client agrees that having an additional photographer at the Session is a breach of contract and will result in a forfeit of all monies paid to date. CLIENT may not bring a friend that is a semi-professional or professional photographer anytime during the session or the ordering appointment.

• Coverage time begins when a photographer of MODERN BEAUTY BOUDOIR arrives at the desired location at the agreed upon time or when the scheduled session time at MODERN BEAUTY BOUDOIR studio begins.

• Cancellation or change of date must be submitted in writing. Cancellation by the client will result in loss of original complete session fee with an additional possible session coordination fee of $400 and a cancellation fee of $150. If the client should request a reschedule or date change, they must do so at least 168 hours before the initially scheduled Session, or a reschedule fee of $150 will be applied. The deposit may be applied to the new date, assuming availability of MODERN BEAUTY BOUDOIR. Date transfers with concurrent deposit transfers are limited to one occurrence only. Pricing of the original Session does not apply to the new date; current rates will apply. If a session is rescheduled by MODERN BEAUTY BOUDOIR, or due to weather deemed inappropriate for photography by MODERN BEAUTY BOUDOIR , there will be no rescheduling fee. Cancelled sessions or no shows will forfeit their retainer and are subject to a $150 cancellation fee plus a session coordination fee. Rescheduled sessions must take place within 30 days of original session date depending on MODERN BEAUTY BOUDOIR studio calendar or you will forfeit your retainer. Priority will be given to new clients. CLIENT that is 10 minutes late to their session is considered a no show and cancelled.

Limited edition sessions and creative sessions cannot be rescheduled. CLIENT that is more than 5 minute late to the limited edition sessions or creative sessions is considered a no show and cancelled.

• Limited edition sessions and creative sessions may not be rescheduled. CLIENT that is 10 minutes late to their Limited edition sessions and creative sessions is considered cancelled. Limited edition sessions and creative sessions photography times begin on the scheduled session time and not when CLIENT arrives.

• CLIENT is subject to a session coordination fee of 100% of the original session price if rescheduling or cancelling a session with make up and hair services.

• CLIENT may not bring a friend to their SESSION.

• CLIENT understands that photographer might be touching CLIENT'S body to adjust clothing, hair, make up or posing, for creative styling.

• MODERN BEAUTY BOUDOIR offers boudoir photography for women 18 years of age or older. Please be prepared to offer a picture ID with proof of age upon request.

• Payment for any reservation deposit may be paid via check, cash or credit card using Paypal. If for any reason check should be returned without payment, a $100 returned check fee will apply and MODERN BEAUTY BOUDOIR will not continue to hold the session date until the deposit and the returned check fee have been paid in full. Final payment must be in the form of a US postal money order, cash or check. For final payment credit cards may be used directly through the phone or via Paypal.

• A non-refundable session fee is due in full within 3 days of scheduling your photography session. MODERN BEAUTY BOUDOIR SHALL HAVE THE RIGHT TO CANCEL YOUR SESSION DATE OR TO GIVE IT TO ANOTHER CLIENT IF IT DOES NOT RECEIVE THE SESSION FEE within 3 days of booking. The fee shall be good for services performed on the originally scheduled date.

• The session fee pays for your in-person or phone pre-session consultation, hair and makeup services, photography time as stated by your session type at your photography session, image preparation and editing, and one in-person ordering appointment.

• Only the person being photographed may attend the session. ABSOLUTELY NO PHOTOGRAPHIC, VIDEO, FILM, DIGITAL OR RECORDING DEVICES OF ANY KIND ARE PERMITTED DURING A SESSION except those of MODERN BEAUTY BOUDOIR.

• All photographs must be viewed only at the in-person ordering appointment in our studio conducted by MODERN BEAUTY BOUDOIR.

• MODERN BEAUTY BOUDOIR reserves the right to terminate any session due to any failure of the client to adhere to the requirements set forth in this Agreement or if the subject being photographed is behaving in a manner that MODERN BEAUTY BOUDOIR deems inappropriate or inconsistent with the purposes of the session. In the event of any such termination, MODERN BEAUTY BOUDOIR may offer to schedule a new session at its discretion; however, it is under no obligation to do so. Under no circumstances will the session fee be refunded.

• MODERN BEAUTY BOUDOIR is pleased to offer its clients the option of adding services of highly skilled hair and makeup artists . It is the client’s responsibility to let MODERN BEAUTY BOUDOIR know at booking of any skin condition or allergies, so that we may advise our hair and makeup artists prior to your session date.

• In the event that MODERN BEAUTY BOUDOIR provides either a hair and/or makeup artist , MODERN BEAUTY BOUDOIR is not liable for any services provided by this independent contractor. Further, the client agrees to release MODERN BEAUTY BOUDOIR as well as the hair and makeup artists from liability for any skin complications due to allergic reaction to products used.

• If a client who has opted for hair and makeup services requests their session to be rescheduled less than 168 hours before the scheduled date, she will be responsible for the full cost of rebooking those services.

• MODERN BEAUTY BOUDOIR prides themselves in being experts in helping their clients choose flattering wardrobe and styling choices. However, the client is ultimately responsible for final choices in wardrobe, makeup, and hairstyling. MODERN BEAUTY BOUDOIR regrets that reshoots due to dissatisfaction with these choices are not available.

• Sessions will begin and end promptly as agreed upon and scheduled and not when client arrives. Additional photography time may be purchased in half hour increments for $150 per half hour, photographer availability and schedule permitting.

• All orders will be placed at the ordering appointment, 2-6 weeks after your photography session. This ordering appointment will last approximately 1/2 - 1 1/2 hours. During the ordering appointment, the client will view all of the session’s images either on projected or tv screen formats. Ordering appointments may be rescheduled once, but in rare instances, where additional ordering appointments are requested, an hourly fee of $150 will apply.

• The client’s spouse, friend/s, family partner, or significant other is welcome to attend the ordering appointment to assist the client in ordering decisions and to order for themselves. MODERN BEAUTY BOUDOIR has a no tolerance policy for negative and unsupportive behavior. MODERN BEAUTY BOUDOIR reserves the right to terminate any appointment due to any failure of the guest to adhere to the requirements set forth in this Agreement or if the guest attending the ordering appointment is behaving in a manner that MODERN BEAUTY BOUDOIR deems inappropriate or inconsistent with the purposes of the appointment. In the event of any such termination, MODERN BEAUTY BOUDOIR may offer to schedule a new appointment at its discretion; however, it is under no obligation to do so.

• MODERN BEAUTY BOUDOIR offers professional retouching services, including skin smoothing, exposure correction, color toning, and similar such details. Any other complicated retouching beyond these services, including but not limited to, wrinkle removal, tanlines removal, body modification, stretch mark removal, etc., shall be billed at $125 per half hour.

• Pricing for all products are subject to change at any moment before purchase.

• All orders must be placed at the time of your ordering appointment. ALL PRODUCTS MUST BE PAID FOR IN FULL BY THE END OF THE ORDERING APPOINTMENT. NO POST SESSION PAYMENT PLANS ARE OFFERED AT THIS TIME AND ALL PRODUCTS MUST BE PAID IN FULL BY THE END OF YOUR ORDERING APPOINTMENT. DUE TO THE CUSTOM NATURE OF ALL PRODUCTS, ALL SUCH PAYMENTS ARE FINAL AND ARE NOT REFUNDABLE. It is recommended that you prepare lists of the types and quantities of products that you are most interested in ordering, along with all necessary wall measurements. While you are free to add items to your order, due to the custom nature of the products, we cannot accept any removal of items to your order. ALL SALES ARE FINAL. After the date of your ordering appointment, all ordered images will be archived for six months and unordered images will be deleted after 3 days. Images can be unarchived with a minimum order of $500. Once deleted, discarded images are not recoverable.

• MODERN BEAUTY BOUDOIR offers payment plans to all clients. Pre-payment plans applies to product orders over $1250. ALL PAYMENTS ON THE PAYMENT PLAN MUST BE COMPLETED BEFORE ANY PRODUCTS OR CLIENT ORDER IS PLACED. DUE TO THE CUSTOM NATURE OF ALL PRODUCTS, ALL SUCH SALES AND PAYMENTS ARE FINAL AND ARE NOT REFUNDABLE. Payment plans are offered for a maximum duration of 12 months and will include taxes. Any uncompleted payments on a payment plan will not be refunded and all monies are forfeited. Client understand that payments must be completed within 12 months. Any late payments will incur late charges.

• A late charge of 5% per week shall incur for payments that are late.

• Unless a product is contracted before the session, availability and pricing of all products and albums are subject to change without notice.The Client understands that due to the inherent qualities of photographic dyes and materials, the photographs may fade or discolor over time. The Client agrees to release MODERN BEAUTY BOUDOIR from any liability for any claims based whatsoever upon fading or discoloration due to such inherent qualities.

• Proofs are corrected for color and contrast and may not include artistic enhancements or touch-ups. All physical proofs are unmarked. All online proofs shall be watermarked MODERN BEAUTY BOUDOIR reserves full editorial rights to the images captured at the event and the photographic medium employed to meet his technical and artistic quality standards.

• Product credits are only applicable to products other than prints such as: albums, slideshows, videos, framed wall galleries, canvas wall galleries, folios, print boxes and glass boxes.

• Completed orders may be picked up during normal business hours, and you will be notified when your products are ready. While we anticipate that print orders will be filled in approximately 6-8 weeks , MODERN BEAUTY BOUDOIR makes no guarantees in this regard. Rush orders can be placed for an additional fee of 50% of the order fee. Once your portraits are picked up, there are no returns or exchanges, so please be certain to inspect your order carefully.

• MODERN BEAUTY BOUDOIR is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. If you choose to have your order shipped, there will be shipping charges and we must be notified within 24 hours of any problems.

• MODERN BEAUTY BOUDOIR is not responsible or liable for any failure to provide any services due to any act of God, weather event, act of government, or any other occurrence, act or event which is outside of MODERN BEAUTY BOUDOIR’s exclusive control. In addition, MODERN BEAUTY BOUDOIR shall not be responsible for equipment failure or the failure of any software or other computer or electronic medium which results in any damage to any proofs, negatives, digital files, prints, or photos or which result in the inability to print or duplicate any of the foregoing.

• MODERN BEAUTY BOUDOIR has earned a reputation for discretion in sharing our work. Please be assured that we value your privacy. In order to educate future clients on our style of boudoir photography, the ability to share images in crucial. Therefore, we would appreciate permission to use our final images in marketing materials and on our website. Please let us know which privacy level you feel comfortable with in our session questionnaire or in writing:

• That's great, feel free to use my photos!
• Please ask my permission when selecting the photos.
• Please just use photos of my face.
• Feel free to use my photos, just without showing my face.
• Please do not share any images.
• I would rather not have my photos published.
• Only in the private Facebook group

• If client grants MODERN BEAUTY BOUDOIR rights to share images, MODERN BEAUTY BOUDOIR shall have the right to use all negatives, files, proofs, photos, prints and all images and likenesses therein in connection with its display, social media and marketing efforts. Client grants MODERN BEAUTY BOUDOIR a royalty-free, fully paid, and irrevocable license to use all such materials for its commercial and artistic purposes. Client represents that they have the authority to grant the same.

• MODERN BEAUTY BOUDOIR may post photographs of Client from Event on MODERN BEAUTY BOUDOIR's private ladies only Facebook group.

• If client does not grant MODERN BEAUTY BOUDOIR rights to share images, MODERN BEAUTY BOUDOIR will not use negatives, files, proofs, photos, prints and all images and likenesses therein in connection with its display and marketing efforts.

• MODERN BEAUTY BOUDOIR’S’ liability for its provision of products and services hereunder shall be limited to the amounts paid to MODERN BEAUTY BOUDOIR hereunder.

• Client agrees to be responsible for any damage occurring to any of MODERN BEAUTY BOUDOIR’S equipment or property during or as a result of the event or the actions of the session other than damage which results solely from MODERN BEAUTY BOUDOIR’S negligence

• While MODERN BEAUTY BOUDOIR strives to provide its clients with the utmost in photography services, MODERN BEAUTY BOUDOIR is first and foremost, an art studio with an established style and reputation. While MODERN BEAUTY BOUDOIR regularly works with its clients to deliver photographs which will meet their individualized needs, MODERN BEAUTY BOUDOIR reserves the right to exercise full artistic control over the nature, number, and types of pictures it creates. MODERN BEAUTY BOUDOIR will not recreate photographs taken by other photographers.

• MODERN BEAUTY BOUDOIR reserve the right to edit and release only those images deemed creditable as professional in quality and within MODERN BEAUTY BOUDOIR 's artistic standards. Images are selected and edited at MODERN BEAUTY BOUDOIR 's discretion.

• MODERN BEAUTY BOUDOIR retains the right to cancel the session and retain the retainer amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, etc.

• MODERN BEAUTY BOUDOIR retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a gallery of at least 10 photographs per look to select from and shall not receive any photographic materials not presented to the Client. MODERN BEAUTY BOUDOIR also retains the right to make adjustments to the photographs in post-processing as MODERN BEAUTY BOUDOIR deems within their creative control. MODERN BEAUTY BOUDOIR retains the right to not display or disclose photographs not deemed appropriate by our standards.

• MODERN BEAUTY BOUDOIR 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 and/or studio. If MODERN BEAUTY BOUDOIR desires to make other uses, MODERN BEAUTY BOUDOIR 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 {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

• MODERN BEAUTY BOUDOIR does not provide the Client permission to resize photographs for Internet-based usage.

• The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “MODERN BEAUTY BOUDOIR - www.modernbeautyboudoir.com” in the caption of all photographs uploaded to social media websites and profiles.

• MODERN BEAUTY BOUDOIR does not guarantee that any Client's photos will be published or posted on any publication, MODERN BEAUTY BOUDOIR Facebook, Instagram, website, social media or our Private Facebook Group. BY CASSIE Facebook, Instagram, website, social media or our Private Facebook Group. Photos selected for publication are randomly selected and on random dates.

• MODERN BEAUTY BOUDOIR retains creative control of the session. This control is including but not limited to the adjustment of hair, style, makeup, jewelry, clothing, and clothing straps.

• MODERN BEAUTY BOUDOIR reserves the right to stop a session at any time. MODERN BEAUTY BOUDOIR reserves the right to stop photographing when the nature of the session has gone off the style determined by MODERN BEAUTY BOUDOIR.

• All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of MODERN BEAUTY BOUDOIR.

• All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.

• Digital images and proofs will be available upon receiving final cleared payment within 2 weeks. Albums and products shall be mailed within 20 weeks of purchase.

• Online digital gallery will be available online for a period of 2 weeks for full sessions and for 1 week for limited edition sessions and creative sessions and will expire thereafter. Online proof galleries can be reactivated for a gallery reactivation fee of $200 for 2 weeks.

• All portrait sessions in California are subject to State Sales Tax.

• The charges in this agreement are based on the MODERN BEAUTY BOUDOIR’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Prices may be subject to change at any time.

• The use of alcohol, medication that causes drowsiness and drugs is not permitted on the MODERN BEAUTY BOUDOIR's premises. The Client understands that consumption of alcohol and drugs prior to and/or during the session may negatively impact the results of the images.

• MODERN BEAUTY BOUDOIR will add all Client or Client's email to our email database, newsletter mailing list and private Facebook group. Client can choose to opt out thereafter.

• Client understands that when sharing photos online via personal website, Facebook, Instagram, Snapchat, etc., Client must credit MODERN BEAUTY BOUDOIR, include MODERN BEAUTY BOUDOIR's website: www.modernbeautyboudoir.com, and, will not edit the photos in any way, including removing the watermark, cropping the image, adding filters, or any other creative alterations.

• In the event that a Client/Party/Vendor are unreasonable or hard to work with at any time even before the Event, MODERN BEAUTY BOUDOIR reserves the right to refuse service to the client without returning the retainer fee or any monies paid. MODERN BEAUTY BOUDOIR shall have no futher liability with respect to the Contract to photograph the session.

• Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $350. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

• From time to time, events overtake the ability of the parties to a contract to allocate the risk of nonperformance. Such events are often addressed by a “Force Majeure Clause” allowing a party to suspend or terminate performance when circumstances which the parties could not have anticipated, or which are beyond their control make performance of the contract impossible or impracticable.

The current world-wide Coronavirus (COVID-19) pandemic has had unprecedented impacts on photography, including, but not limited to, travel restrictions, self-imposed and government required isolation, and closures of both governmental and private offices required to facilitate photography. Accordingly, in the event complying with a photo session is not possible or practical as a result of unforeseen circumstances related to the COVID-19, such as Client or Photographer's inability to travel to photo and reveal sessions, or otherwise (hereinafter “Unforeseen Circumstances”) the Client agrees as follows. All other provisions of the Agreement remain in full force and effect:

1. Client and Photographer agrees to postpone sessions up to 180 Days to accommodate Unforeseen Circumstances, after which either Client or Photographer may cancel the Agreement. All retainer and deposit shall not be returned to Client. No Notice to Client shall be required.

2. If Client’s inability to fund their purchase is due to Clients’s loss of income from COVID-19 related issues, then either Photographer may cancel the Agreement and Client’s deposit and all monies paid shall not be returned to Client.

Photographer reserves the right to discontinue service in the event that an unsafe condition arises such as an area being affected by a communicable disease.

• MODERN BEAUTY BOUDOIR shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

• The parties will attempt through good faith negotiations among themselves, and not through mediation with a third party, to resolve their disputes. The term "disputes" includes but is not limited to any disagreements concerning the existence, formation and interpretation of this agreement. If the parties hereto are unable to resolve their dispute by good faith negotiation, any controversy or claim, including a tort claim, arising from or related to this Agreement will be determined by arbitration as follows:

(a) Arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures when applicable.

(b) Either party may commence the arbitration by sending a written notice of arbitration to the other party.

(c) The arbitration venue shall be in the County of Sonoma, California,

(d) Arbitration shall be conducted by a single arbitrator who is an attorney or judge knowledgeable in the matters relating to such dispute.

(e) The arbitrator shall follow California law and shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

(f) Notwithstanding anything contained herein, the parties reserve the right to seek a judicial temporary restraining order, preliminary injunction or other similar short term equitable relief prior to the appointment of the arbitrator.

By signing this contract, Client acknowledges that they have read and agree to this arbitration provision in its entirety.

If any party to this Agreement will institute an arbitration or any other action or proceeding to interpret or enforce this Agreement, or to obtain damages by reason of any alleged breach of this Agreement, in addition to an award of damages the prevailing party will be entitled to recover costs of suit or arbitration and a reasonable sum for attorneys' fees, all of which will be deemed to have accrued upon the commencement of such action and will be paid whether or not such action is prosecuted to award/judgment. The award/judgment or order entered will contain a specific provision providing for the recovery of attorneys' fees and costs incurred in enforcing such award/judgment or order. For the purposes of this section, attorneys' fees shall also include fees incurred for post-judgment services, including but not limited to: contempt proceedings, garnishment, levy, debtor and third-party examinations, discovery and bankruptcy litigation.

If prior to completing arbitration, any party commences legal action against the other in any court of law, including small claims or limited jurisdiction courts, other than for the specific purposes set forth in this agreement, said party shall not be entitled to an award of attorney's fees in any venue including arbitration or a court of law, even if said party is the prevailing party.

Please make checks payable to CASSIE AND MODERN BEAUTY BOUDOIR

Again, we look forward to combining MODERN BEAUTY BOUDOIR’S unique art and style with your vision to produce a rewarding experience and photographic products. If you agree with the terms of this Agreement, please sign in the space provided below.