Terms of service
This agreement constitutes an order for portraiture services, including the taking of event pictures asagreed to both parties: Vera Mendizábal Photography and contacting party. Unless otherwise specified, it is understood that any and all copyrights to proofs, final or sample prints, thereof shall remain property ofVera Mendizábal Photography.
Services Performed by Photographer
The photographer will arrive at the contracted starting time, provide photography services throughout the time agreed upon or duration of event and conclude services at the agreed on time.
The photographer will review all images from the session and edit those that are in keeping with the highest quality and style of the photographer’s work. The photographer reserves the right to withhold any images not in keeping with her standards. All images presented to client are reviewed and edited. No RAW or unedited images will be presented. Download of files will be in jpg format.
Photographer will present your digital gallery within 30 days of your session. Additional ordering may be arranged via phone or email, and orders placedwith your photographer are typically delivered within 3 weeks of ordering.
Terms and Conditions
1. Exclusive Photographer. Vera Mendizábal PHOTOGRAPHY photographer(s) shall be the exclusive photographer(s) retained by the Client for the purpose of photographing the event. Family and friends of the Client shall bepermitted to photograph the event as long as they shall not interfere with the Photographer’s duties and do notphotograph poses arranged by the Photographer.
2. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shallpay the balance due. If the Client refuses delivery of the order or refuses to pay within fifteen (15) days of this order, Client shall be in default hereunder and shall pay 12% percent interest on the unpaid balance until payment is madein full.
3. Cancellation. If the Client shall cancel this Agreement forty-five (45) or more calendar days before the event date, any deposit paid to the Photographer(s) shall be refunded in full. If Client shall cancel within thirty (30) days of theevent date the photographer will retain the collected deposit.
4. Photographic Materials. All photographic materials, including but not limited to digital media storage devices, photographic files, negatives, and transparencies, shall be the exclusive property of the Photographer.
5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have theexclusive right to make reproductions, except where permission is granted to Client to make reprints ofimages provided. Client has permission from Photographer(s) to reproduce these images in what sizes they desirewith what lab they choose. The Photographer shall only make reproductions for the Client or for the Photographer’sportfolio, samples, self-promotions, art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographershall not do so without first obtaining the written permission of the Client.
6. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize anyreproductions thereof by parties other than the Photographer. In particular, Client may not share unwatermarkedimages from your session or event with other vendors; vendors desiring images should consult the photographer forcopies of images made at your event.
7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, inclement weather, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shallreturn the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation onliability shall also apply in the event that photographic materials are damaged in processing, lost through cameramalfunction, lost through computer malfunction, lost in the mail, or otherwise lost or damaged without fault on thepart of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shallnot be liable for any amount in excess of the retail value of the Client’s order.
8. Photographer. The Photographer may substitute another photographer to take the photographs in the event ofPhotographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that thephotographer taking the photographs shall be a competent professional.
9. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherentqualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading ordiscoloration due to such inherent qualities.
10. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s StandardPrice List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the timewhen the order is placed.
11. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of thisAgreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall notbe deemed a waiver of a subsequent breach or default of either the same provision or any other provision of thisAgreement. This Agreement shall be governed by State and Federal Laws.