A. SESSION FEES
Client agrees to pay photographer a NON-REFUNDABLE retainer specified above at the time of booking.
The above mentioned NON-REFUNDABLE retainer and a signed copy of this agreement are required to reserve a portrait session date and/or homecoming session. Client understands and agrees that Photographer will not book other sessions which would interfere with the alotted session time.
This is a non-refundable retainer fee that goes toward your session. The balance is due at the time of the session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored through Pixieset.
In the event that the Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, the client forfeits the NON-REFUNDABLE retainer.
B. LOCATIONS COSTS & FEES
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within Houston ,TX for mini sessions and up to 18 miles from 77002 for standard collections unless you, the client, and the photographer have made arrangements. Any location outside of these limits will be subject to an additional charge of $.44/mile as part of the agreement.
C. CANCELLATION/POSTPONEMENT/LATENESS: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the retainers paid are non-refundable. Retainers are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is required.
Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
If the client is late for session, the end time of the shoot will remain the same. Any unexcused lateness over 15 minutes with no notice and your session will be considered cancelled. Your retainer is NON-REFUNDABLE and another retainer will be required to rebook.
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, or by not following the recommendations of the photographer.
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to clients lack of communication. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots.
E. IMAGE STORAGE
Digital Images will be stored for up to six (6) months from the date of the portrait session. Digital images must be downloaded from online gallery within 30 days. After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
G. MODEL RELEASE
Client grants to Photographer and her legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or any other parties photographed under this agreement. These images may be included for editorial, trade, advertising and other purposes, and in any other manner and medium. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
H. LIMITED LIABILITY
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
I. DIGITAL IMAGES PRINTS & COPYRIGHT
All images and copyrights are the property of Photographer. In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising,marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to edit, crop, copy, scan, digitally alter, or otherwise steal any image created by the photographer during client’s photo session. If client steals images via any method listed above, or any other method, client will be invoiced $150 for EACH digital image client has stolen. Violators of this Federal law will also be prosecuted to the full extent of the law.
The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites.
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission.
Client is obtaining prints for personal use only, and shall not sell prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are stated above. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. Please do not ALTER or CROP these images in any way. Sneak Peek images fall under this as well.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. For this reason I ask that you please do not alter or crop the images that are sent to you I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you.
J. ENTIRE AGREEMENT
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior written and oral agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Yuli Vargas Creations Photography
K. Session Requests
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.The reason for this is I do not want a photo posted and linked back to me that is not my work.This excludes homecomings.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.