Effective Date: May 5, 2025

These Terms of Service (“Terms”) govern your access to eclipseboudoirphotography.ca (the “Website”) and any boudoir photography sessions, digital image delivery, or related products and services (collectively, the “Services”) supplied by Eclipse Boudoir Photography (“Company,” “we,” “our,” or “us”), headquartered in United States.

BY VISITING THE WEBSITE, REQUESTING A QUOTE, BOOKING A SESSION, OR CONSENTING TO RECEIVE ELECTRONIC COMMUNICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Services Provided

We provide professional boudoir photography sessions, including but not limited to: in-studio and on-location shoots, makeup and styling (if applicable), digital photo delivery, private galleries, physical print products, and related touch-up or editing services. All sessions are performed by professional photographers or trusted assistants who meet our artistic, safety, and quality standards.

2. Estimates & Agreements

Written Scope. Every session begins with a written quote or session description outlining the shoot type, package, number of edited images, date, location, and deliverables.
Non-Binding Until Signed. Quotes are non-binding until both parties sign a Service Agreement.
Change Orders. We may adjust pricing or timelines due to location changes, extra editing requests, additional prints, or extended hours. Any change will be documented and approved in writing before you start.

3. Payment Terms

Deposit. A 25% deposit is due upon booking to secure your session date.
Progress Payments. For high-end or bundled packages (over C$2,000 or multi-day events), staged payments may be required, each due within 7 days of invoicing.
Final Balance. The remaining balance is due no later than the session date or delivery of proofs, whichever comes first.
Late Payment. Overdue amounts bear interest at 2% per month (26.8% annually) and may delay delivery or trigger legal collection.
Accepted Methods. We accept e-transfer, major credit cards, cheque, and cash.

4. Access & Client Responsibilities

You agree to:

Responsibility Details Timely Arrival Arrive on time; late arrivals may reduce session duration. Wardrobe & Prep Bring agreed clothing/accessories; arrive hair/makeup-ready unless included. Environment Ensure shooting space is private, safe, and free of interference. Consent & Age All participants must be 18+ and sign a model release prior to the shoot.

5. Limited Workmanship Warranty

We warrant the delivery of edited images and agreed deliverables as described in your signed agreement.

Exclusions:

Creative differences or subjective dissatisfaction after proofs have been approved.

Client-provided props, outfits, or location constraints.

Data loss due to third-party services (e.g., email client deletion after download window expires).

Correction of defects (e.g., missing images, download failure) will be provided upon written request within 30 days of final delivery.

6. Cancellation Policy

You may cancel or reschedule up to 72 hours before your scheduled session without charge. Later cancellations may incur a fee up to 25% of the session price to cover preparation and lost availability.

7. Mobile & Electronic Communications

7.1 Express Consent

We only send commercial electronic messages (SMS, MMS, RCS, email, or voice) after your clear, affirmative opt-in (e.g., checking a box, replying "YES", or signing a form referencing these Terms).

7.2 Opt-In Disclosures

Every sign-up includes: the program name (“Eclipse Boudoir Updates”), our legal name and address, “Msg & data rates may apply,” message frequency (“up to 4 msgs/month” for promotions; up to one per day for session alerts), links to these Terms and our Privacy Policy, and notice that consent is not a purchase condition.

7.3 Opt-Out / Help

Text STOP (or END, CANCEL, UNSUBSCRIBE, QUIT) to cancel, or HELP for assistance. A confirmation message will follow.

7.4 Carrier & Delivery Disclaimer

Wireless carriers do not guarantee message delivery and are not liable for delays or failures.

7.5 Message Frequency & Rates

“Message frequency varies” depending on your preferences and session status. Standard carrier rates apply.

7.6 Record-Keeping

We log your phone/email, opt-in method, timestamp, IP (for web forms), and supporting screenshots for at least three (3) years.

7.7 No List Rental or Sale

We never sell or rent your contact data. It is shared only with service providers helping us send messages.

7.8 Canadian Anti-Spam Legislation

Under CASL, every message:

Is sent only after valid consent;

Identifies us with full contact info; and

Includes a working opt-out that functions for at least 60 days.

8. Privacy

See our Privacy Policy for how we collect, use, and protect your personal information and your rights to access or correct it.

9. Website Content & Acceptable Use

Our Website is provided “as-is” for informational purposes. We strive for accuracy but do not guarantee completeness.
You may not copy, scrape, republish, or use our content (text, images, or code) without written consent, nor use the Website to transmit spam or harvest user data.

10. Limitation of Liability

To the fullest extent allowed by law, Eclipse Boudoir Photography is not liable for indirect, incidental, or consequential damages (including loss of emotional value or missed expectations).
Our total liability is limited to the amount paid for the specific Service in question.

11. Indemnification

You agree to hold harmless Eclipse Boudoir Photography, its owners, and contractors from any claims, costs, or damages arising from:
(a) your breach of these Terms;
(b) misuse of images or deliverables;
(c) failure to comply with client responsibilities under §4.

12. Governing Law & Venue

These Terms are governed by the laws of the Province of Ontario and applicable Canadian federal laws.
Disputes will be resolved exclusively in the courts of Windsor, Ontario.

13. Changes to These Terms

We may update these Terms at any time. Changes are effective when posted with a new “Effective Date.”
Your continued use of the Website or Services means you accept the updated Terms.

14. Contact Us

Eclipse Boudoir Photography
Windsor, Ontario, Canada
Phone: (226) 781-9881
Email: [email protected]