Terms of service
This agreement constitutes an order for portraiture services, including the taking of event pictures as agreed 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 of Vera Mendizábal Photography.
Services Performed by Photographer
The photographer will arrive at the contracted starting time, provide photography services throughout the time agreed upon and conclude services at the agreed on time.
Photographer will present a digital gallery within 30 days of your session. Once digital gallery is received, viewed and/or downloaded NO REFUNDS will be given. Printed material may be arranged via the online viewing gallery, phone or email, and orders placed with your photographer are typically delivered within 3 weeks.
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 be permitted to photograph the event as long as they shall not interfere with the Photographer’s duties and DO NOT photograph 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 shall pay 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 made in 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 the event date the photographer will retain the collected deposit.
4. Digital Photographic Materials. 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. All additional editing requests beyond the photographer’s initial edits will be billed at $20 per file. Download of all files will be in jpg format.
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 shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost through computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not 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 of Photographer’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 of Printed Material. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
10. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’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.
11. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be 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.