Contract for Services
Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of JulesPonce Photography and may not be used for advertising, display or any other purpose other than personal enjoyment.
If Photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with the photographers’ originally agreed terms or due to Photographer’s illness or injury, then JulesPonce Photography will return 50% of fees to the client(s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
WAIVER AND INDEMNIFICATION
Client and it’s agent’s, family members and assignees, if any, shall indemnify, and hold harmless, JulesPonce Photography and Julia Ponce from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.
DEPOSITS AND RESERVED TIME
Upon signing this contract, JulesPonce Photography will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or becomes canceled for any reason.
A deposit of $40 is due at the signing of this agreement.
the remaining balance will be due on the day of shoot (minus the $40 deposit)
It is understood that even with the signing of a contract and/or verbal agreement no day is reserved without a monetary deposit.
Your session starts at the designated time and ends one hour after (unless photographing a large group or newborn or choosing a mini session)
Client agrees to pay any time spent photographing over the discussed period at $150 per hour.
No photography/proofs will be released to the client and no rights are granted until timely payment is made in full.
DAY OF THE SESSION
You agree that you will be dressed in your first outfit, and arrive on time to the chosen location. If you are late, time will be taken from your session or charged under “Extra Time” herein, at the sole discretion of JulesPonce Photography Friends and family are welcome, so long as they do not interfere with the photographer and the photography taking place. Pictures with friends or family are not permitted unless it has been discussed previously with the approval of the photographer.
PAYMENT AND PACKAGES
Payment towards the rest of the package will be required on the day of shooting. You will not receive any images, unless full payment of the entire package is made. Cash or personal checks are accepted forms of payment. For checks, no retouching or work will be done until funds have been cleared. Returned checks are subject to a $50 charge. You may not downsize to a smaller package after you have paid the deposit for that package. However, you may upgrade to a larger package at any time, though it exclude any of the outfit changes. Separate charges will apply for the specified package.
A further payment of all necessary expenses (unless otherwise specified) such as parking, fuel, travel, taxi, hotel charges, etc., to be paid at least 14 days before the date of the event. The Client shall reimburse Photographer for any additional costs the Photographer may incur for travel, meals, parking, and other reasonable costs necessary to the performance of these services.
RECEIVING YOUR PROOFS, RETOUCHED PHOTOS AND PRINTS
For small sessions, please allow up to 14 days from the date of your session to receive your proofs. Weddings and engagements are considered large orders, and need 30-45 days separately for each process: receiving proofs, retouching, and prints being ready. Times will vary on season and other factors.
RETOUCHING TIME AND PROCESS
The retouching process begins once proofs are selected. The time taken to choose proofs will serve as a factor in the retouching process. Clients who choose their proofs first will get their photos retouched first, regardless of when their photos were taken and which package they have. Any approved retouched photos may not be considered for re-editing. All changes are final once approved and any extra retouching desired by the client is subject to separate charges per revision.
BREAKS AND MEALS
The client agrees to provide refreshments or a meal for any event over 5 hours (weddings by default must provide a meal). The photographer reserves the right to a 30-45 minute rest period if event photography requires 6 hours or more.
Any additional time spent due to the lateness of the client, retouching, or editing, that are not otherwise paid for under this Contract shall be charged at the rate of $50 per hour. JulesPonce Photography may elect to perform these services or refuse them, at its sole discretion. Client agrees to pay these services as invoiced, and may be required to pay for these services ahead of their provision.
COLORING AND RETOUCHING
Basic retouching includes clearing skin, getting rid of flyways and single strands of hair in the face and obvious blemishes. Basic retouching does not include things like physically changing body shapes, fixing dresses, removing people or things from a photo, fixing clothes/makeup/etc. or adding things to photos. The client may choose to pay per hour for extra retouching.
UNEDITED PHOTOS/PHOTO POLICY
Client agrees that unedited photos will not be shared for any reason.. Only your retouched photos will be released..
All outtakes and unedited photos are the property o JulesPonce Photography f and are not to be shared, distributed or posted under any circumstances.
OVERALL APPEARANCE AND PERSONAL ITEMS
The photographer is not responsible for any missing, damaged or altered clothing/material belonging to the client. Please be aware that for some photos you may or may not get dirty. It is ultimately your responsibility to make sure your clothes, makeup, hair and overall appearance are the way you want
for the photos. The photographer is not responsible for any styling, makeup issues, hair problems or any other factors in the photography other than the directing and photography of the client.
WEATHER AND SESSION CHANGES/LOCATIONS
You are able to switch your day because of weather or personal reasons, so long as no other sessions are scheduled that day and it works for the photographer. Locations within 15 minutes of the keller are free. Any other location outside 15 minutes of keller is subject to a separate charge based on distance. Cost of location permits for shooting or availability and the choosing of a location is the responsibility of the client. Unless otherwise stated, all photo sessions come with ONE location in Keller . Add-on locations are additional cost.
Deliverable items and shots are contingent upon the client performing actions and cooperating with the photographer. The photographer is not liable if the client’s neglect leads to a compromise of what has been agreed upon. (i.e. agreeing to take photos of a bride getting ready, but she does not make herself available for the time). The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
If you are not satisfied with your photos, you may be refunded half of the total package if the issue stems on the photographers end. You will only be eligible if you have made this known to the photographer before any retouching is made and only if the photographer agrees that it is appropriate. If you choose to re-do your photos for any reason, it will be considered as a new session and you will need to purchase a new package. The deposit is non- refundable. In the event of an emergency, equipment failure or other unforeseen circumstance, the photographer will return any money given up to that point but claims no further liability. Client(s) agree that an entire wedding/event cannot be replicated, reenacted or repeated for the purpose of a re shoot. all refunds will not include the deposit amount.
The Client is obtaining prints for personal use only, and shall not sell said prints. It is not permitted to give photos to vendors having their products or setups photographed in order to use for advertising or promotion. No commercial use is granted by the issuance of print or digital photos.
It is understood and agreed that no other photographer will be allowed to photograph or take pictures while the Photographer is working. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event/session. Guests, Family and friends of the Client shall be permitted to photograph using mobile phones only as long as they shall not interfere with the Photographer’s duties.
Clients have freedom to share with friends and family via facebook, myspace, twitter, Instagram, pinterest etc. and are encouraged to do so. The client must mention and/or tag JULESPONCE PHOTOGRAPHY upon their first share via social media.
By signing, the parties agree that they fully understand and will be bound only by the terms above. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.