Terms and Conditions
The Fuentes Co., LLC dba “Niesha Fuentes” and “Melo and Me Photography”
“Updated January 25, 2022 at 2:20pm Central Standard Time”
This agreement (“Agreement”) constitutes a binding contract for photography services and/or products. This agreement is made effective for all purposes, in all respects, by and between {{brand.name}}, hereinafter referred to as “the Company” and {{client.altContact.firstName}}{{client.altContact.lastName}} on behalf of {{client.name}} hereinafter referred to as “the Client” relating to the event(s) detailed above, hereinafter referred to as “The Event(s)”.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the Company and the Client. It supersedes all prior and simultaneous agreements between the parties. This agreement can only be amended in writing and signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of the agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A non-refundable retainer or session fee is required to reserve the dates and times of the Event(s). By paying the retainer fee, the Client agrees and understands all provisions of this agreement and that the session fee is non-refundable. All retainer fees are non-refundable and non-transferable. Promotional (free or discounted sessions, including but not limited to: model calls, donated, silent auctions, and giveaways) are non-transferable, and redeemable only at the value or offerings the Company has deemed appropriate. Products and digital files are sold separately and are not included in the session fee, unless otherwise noted on marketing materials or on the invoice. Any discrepancies will be left to the discretion of the Company to decide.
SAFETY: The Company reserves the right to terminate coverage and leave the location of the Event(s) if the photographer from the Company experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the location of the Event(s); or in the event that safety of photographer from the Company is in question.
SHOOTING TIME/ADDITIONS: The Client and the Company agree that cooperation and punctuality are essential to accomplish the wants and needs of all parties. Shooting begins at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time agreed upon for the Event(s), shooting will still commence at the scheduled start time and end at the scheduled end time. In the event that a Client arrives more than 5 minutes late to a limited edition/mini session/promotional session or 15 minutes late to a standard/full or extended session, the session is subject to cancellation and the Client will forfeit all fees and payments to the Company.
RESPONSIBILITIES: The Company is not responsible for compromised coverage due to causes beyond the control of the Company, including but not limited to: obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Company, rendering of decorations, or restrictions of locations. The Company is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Company is not held liable for missed coverage of any of the Event(s). The Company will not be held accountable for failure to deliver images of any individuals or any objects at the Event(s).
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Company is not responsible if key individuals fail to appear or cheerfully cooperate during photography sessions, or for missed shots/images due to details not revealed to the Company.
CELLULAR, VIDEO OR PHOTOGRAPHIC DEVICES: Only behind-the-scenes videos or photos displaying the Company are allowed. The Company may ask the Client to put their devices away. Should the Client not comply, the Company reserves the right to cancel the Event(s) without returning any forfeited fee(s) the Client has paid.
VENUE AND LOCATION LIMITATIONS: The Company is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on the Company. Negotiation with officials for moderation of guidelines is the Client’s responsibility; the Company will offer technical recommendations only.
FILM, COPYRIGHTS, AND MODEL RELEASE: The photographs produced by the Company are protected by Federal Copyright Law (all rights reserved). By booking a session, the Client agrees that this session may include the photography or videography of minors less than the legal age in the photographed state. In addition, they agree that the model release includes any persons photographed at the session with the party. If the Client receives a digital image from the Company, the Company grants the Client permission to share the images in any manner they choose, as long as the images remain unaltered and textual credit is explicitly given to the Company including the Company’s name, website, and contact information.
The Company reserves the right to share the images on social networking websites, with family and friends, vendor websites, advertisements, and promotional materials, and in any manner and medium. The Client agrees that copyright, moral rights, and all other intellectual property rights to the photos belong to the Company and/or his or her heirs, licensees or assigns, with full right of lawful disposition in any manner. The Client agrees that he/she cannot and will not sell or otherwise transfer publication rights to any of the photos without Company’s written consent.
The Client understands that the Company retains all copyright laws and may use the photos for purposes related to the promotion of Company’s photography business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, third parties, and promotional websites, etc. The Company may sell or transfer rights to media sources, such as but not limited to: magazines, newspapers, newsletters or television or other media as editorial or news, related to the theme, or themes, of a photo shoot, photo session, series of images or individual image. The Company reserves the right to sell downloadable digitals and/or prints exclusively, but not limited to a series of images or individual image from relating photo shoot or photo session.
The Client understands that the Company has the moral right to be identified as the author of the photographs when copies of the photographs are presented to the public, and shall communicate this understanding to publishers, designers and other third parties.The Client hereby assigns the Company the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the Company is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, epidemics, pandemics, or other cause beyond the control of the Company, the Company will make every effort to secure a replacement. If the situation should occur and a replacement is not found, responsibility and liability are limited to the return of all payments received for the Event(s), excluding non-refundable retainers in the form of cash or future credit to be transferred to a future Event(s).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Company’s control, including but not limited to camera, hard drive, or equipment malfunction, the Company liability is limited to the return of all refundable payments received for the Event(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Company is not liable for the loss of images beyond the lesser of the final delivery of all products included in the session, collection, or bundle once delivered.
The company is not liable for injuries or damages to the Client, Client’s family members, or Client’s property. All locations including the Company’s studio are entered at the Client’s own voluntary risk and will. The Client agrees to hold the Company harmless of any injuries or damages taking place on the Company’s location or property.
COMPLIMENTARY OPTIONS, ADD-ONS, and GIFTS:
Complimentary add-ons, gifts, and options will be left at the discretion of the Company. Due to the nature of vendor availability, the Company cannot guarantee services such as professional makeup and hair will be available. However, the Company will make every attempt to secure the services based on its liking. The Client and others being photographed by the Company understand that the Company is not liable for damages, injuries, and issues that occur as a result of complimentary, professional services such as makeup artistry, hair, etc.
CAPTURE AND DELIVERY: Sessions include only the items included in the package or collection listed in marketing materials OR the invoice. Any discrepancies regarding this will be left to the discretion of the Company to decide.
If digital files are included with the session package or collection, only the amount stated will be given unless additional items are purchased. Any additional item(s) given are at the discretion of the Company as a gift. Standard/Full Session digital images will be delivered in .jpeg/.jpg format at 3000 pixels per inch, for licensing use of the purpose the session was booked (e.g.: headshots/branding – commercial; personal or family session – personal use) online or via social media, unless otherwise noted on the invoice, completed proposal, or additional invoices. Promotional Session (any session not booked at the Standard Rate of $150 or Extended Rate of $200) will have digital images delivered in .jpeg/.jpg format at 2500 pixels per inch, for licensing use of the purpose the session was booked (e.g.: headshots/branding – commercial; personal or family session – personal use) to print up to 8×10″. Anything in excess of the minimum dimensions is given at the Company’s discretion.
The determination of images presented to the Client is left to the discretion of the Company. The Company reserves the right to select and/or deliver images for the Client at its discretion at any time, in order to fulfill its obligations. This includes selecting images for promotional sessions, standard sessions, and other events. The Client acknowledges that images not downloaded prior to or after delivery, due to not meeting any deadlines, are subject to deletion at the Company’s discretion after 14 total calendar days from the date the original notification of images being ready is sent.
The Client understands that digital images that have been provided for digital download (via Google Drive, Dropbox, iCloud, Email, etc.) or USB (“flash drive”) are subject to security and privacy risks on the Internet and agree that the Company will not be held liable for sharing of photos via personal links or negligence. The Client agrees to take all necessary precautions to ensure all digital images delivered, regardless of medium are saved prior to deletion. The Company does not make any guarantees related to digital images printed through a third-party and not ordered directly through the Company.
CAPTURE AND DELIVERY | ONLINE GALLERIES AND MOBILE APPS:
If custom mobile apps are included in the collection, said product will only be available for 7 days after delivery. The Client agrees to complete all product orders or view and/or download digital images including those provided in collections within before gallery expiration date. After the gallery expires, an extension is available for an additional fee of $100 for an additional 7 calendar days. The Company may, at its discretion, keep the online gallery and mobile app active or available for longer than stated in the agreement without charging an archival fee or extension fee, but is not required to do so.
CAPTURE AND DELIVERY | EXTENSIONS AND ARCHIVAL FEES: Client requests to retrieve images that have been archived either via online gallery or in-person reveal and ordering appointments, at the discretion of the company, will incur an archival fee at the current rate of $100 for an additional 7 days to download and/or order.
Selected and/or purchased images (either by the Client or by the Company) that have been delivered, may be stored on the hard drive for up to 90 days following the date of image processing notification sent to the Client, at the Company’s discretion. Client requests to retrieve images that have been archived, may incur an archival fee at the current rate of $100 for 7 calendar days. The Client agrees to take all necessary precautions to ensure all digital images delivered, regardless of medium are saved prior to deletion.
The Client agrees to 1) meet in person at the In-Person or Virtual Reveal and Ordering Appointment within 14 calendar days of being notified images have been processed, unless otherwise noted. The determination of images presented to the Client is left to the discretion of the Company. The Client acknowledges that images not purchased prior to the deadlines above, are subject to deletion at the Company’s discretion. Purchased images will be stored on the hard drive for 90 days following the date of image processing notification. Client requests to retrieve images that have been archived, may incur an archival fee at the current rate. The Client agrees to take all necessary precautions to ensure all digital images delivered, regardless of medium are saved prior to deletion.
REVEAL AND ORDERING APPOINTMENTS: All parties financially involved, are required to attend. If both parties do not attend, the Reveal and Ordering Appointment may not rescheduled. The determination of images presented to the Client is left to the discretion of the Company. In the event that a Client fails to attend the In-Person or Virtual Reveal and Ordering Appointment within the specified time frame, or requires subsequent Ordering Appointment(s), a fee at the current hourly rate may be assessed per Ordering Appointment. The Client acknowledges that images not purchased at the Reveal and Ordering Appointment are subject to deletion immediately after the appointment. Purchased images will be stored on the hard drive for 90 days after the Ordering Appointment. Client requests to retrieve images that have been archived, may incur an archival fee at the current rate. The Client agrees to take all necessary precautions to ensure all digital images delivered, regardless of medium are saved prior to deletion.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. Basic editing includes color corrections, white balance, cropping, and black and white conversions. Please allow at least 14 business days turnaround time for processing and editing of “proofs”, or lightly edited images, prior to your reveal and ordering appointment. Client requests for additional retouching including (physical appearances or anything beyond basic editing) will be charged at $100 per image and could take up to 2 weeks for
DELIVERED IMAGES: The Client agrees that the photographs shall not be cropped, altered or distorted in any way. Any watermark and copyright notice that appear as part of a photograph must be left intact. Violation of these rules may result in legal action taken by the Company.
PAYMENT SCHEDULE: No products will be delivered or ordered until final payment has been rendered. In the event the Client fails to remit the remaining balance at least 48 hours prior to the Event, the Company shall have the right to immediately terminate this agreement with no further obligation, cancel the session due to non-payment, retain any and all monies already paid, and retain any and all products from the session the Client has not paid for. Returned checks and denied card payments will be assessed a $35 fee for each time the transaction is denied. The Client agrees to make payment of services and products in all invoices by the necessary due dates. In the event that a Client signs a payment plan, the Client agrees to the execution and contents. Clients will be assessed a $35 fee if payments are not received by 11:59 p.m. Central Standard Time on the date the payment is due and agreed upon. More than two consecutive late payments may result in forfeiture of all fees and sent to collections for failure to repay.
EXCLUSIVE PHOTOGRAPHER: The Client agrees that The Company is the exclusive photographer for the scheduled date of hire and that no guest or member of the Client party may take photos or videos during the session. The Company reserves the right to ask the Client, guest, or member of the Client’s party to refrain from taking photos or videos. If the Client, guest, or party member refuses do so, the Company reserves the right to end the session before the scheduled end time.
CANCELLATION: There shall be no refund of retainer from the signing of agreement due to the reservation of the photography date. All session fees are non-refundable and non-transferable. The company may transfer the same exact promotional or full session type to another date within 30 calendar days. A weekday session can only be transferred to another weekday session. In the event the Client cancels a session or event at least 48 hours in advance, the Company reserves the right to either cancel the session or provide the client with the option to reschedule within 30 days of the original date so long as dates for the exact same session type is available. A weekday session can only be transferred to another weekday session. The Company will go by the session inquiry or session genre type selected on the Pre-Session Questionnaire or Contact Form.
PRICING AND PRODUCTS: Services or merchandise not included in the initial service agreement or contract will be sold at the current price when the order is placed. Prints, digital images, and other products may be purchased in-person at the Ordering Appointment, Online Gallery, or via phone (with an invoice emailed) unless otherwise noted. If the Client would like to add additional digital images or products, the Client should contact the Company directly. All prices are subject to change at any time without notice. Credit vouchers and discounts have no intrinsic cash value and may only be applied toward merchandise purchased from the Company.
SALES TAX POLICY: All session fees, services, and products are subject to the sales tax rate in the state of Texas at the time of reservation and purchase.
REFUND POLICY: Due to the nature of photography, no refunds will be given once a transaction has been completed or a non-refundable fee has been paid. Once the Client has made final payment to the Company, all products are non-refundable. The Company reserves the right to refund the Client with credits if the Company determines the Client has a right to refund. There will be no refunds due to “not liking a photo” per se, or from selecting the wrong photo after the Client has already received the product(s) from the Company. If the wrong photo was sent to the Client by mistake, as documented and indicated on the invoice (receipt), the Company will send the correct product to the Client free of charge.
SAVED IMAGES, SCREENSHOTS, AND THEFT:
Images that have been ‘screenshotted’ and/or saved without permission from the Company will be invoiced to the Client at a minimum of $190 per image stolen for branded, low resolution images. This invoice will be due upon receipt. Failure to remit payment may result in legal action being taken against the party by the Company.
COUTURE RENTALS:
Costume Damage:
Dresses/Gowns: Should the gown be damaged, you will be required to cover damages and in extreme cases if damaged beyond repair, you will be responsible for the cost of a replacement dress which could vary between $625-900.
Costumes: Should a boy’s costume be damaged, you will be required to cover the cost of repair, or the cost of a replacement costume, suit/tuxedo, etc. in extreme cases, which could vary between $75-150.
By booking a portrait session or paying a booking or retainer fee, I am stating that I am competent to contract in my own name.
I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
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