Terms and Conditions
Please Read Carefully
When booking a session, you agree to these terms of service by Elsa Sainz Photography.
This Agreement is between Elsa Sainz Photography and [You] (“The Client”). For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows for a photographic session to occur on (specific shoot day).
Definitions. The Terms "Photographer" refers to (Elsa Sainz Photography) and all agents, employees, or other representatives.
The term "including" means "including, but not limited to."
The term "session" and "photography session" refers to a hired photographic session for the purposes of taking custom photographs for any type of session offered by Elsa Sainz Photography.
1. Payment. The Client shall pay due balance at the date and time of the session. The Client agrees that this payment is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer.
2. Cancellation. If the Client requests to cancel this contract (session) within 72 hours before the stipulated date of the session, the client shall be refunded of the deposit or reschedule and make use of this credit towards a future session. If the Client fails to show or cancel the session the deposit shall be forfeited. A new session will need to be schedule following a new deposit requirement for the new session.
3. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule a session, the deposit shall be applied to a rescheduled session if a notice is made by the client within 72 hrs prior the schedule session. Any Client that arrives 15 minutes late to the session will have the amount of time late deducted from the time session agreed. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client and a late fee of $60 will be added to the remaining balance.
4. Photography and Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by Elsa Sainz Photography.
5. Completion Schedule. Completion schedules and delivery of digital galleries shall be determined from the date of final approval by the Client.
If in need of a quick turn around the Client should place a request to expedite digital galleries with sufficient time. An expedited fee of $299 for 48 hrs, $200 for 5 day, $120 for two weeks.
6. Galleries. All photographic galleries, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Elsa Sainz Photography. Digital galleries, will be released until the agreed upon amount is paid in full including additional requests, such as extra photos, rushed edit, etc.
The Photographer shall make gallery proofs available through an agreed upon time. These proofs shall be available for viewing by the Client within 4-7 business days after the photo session. The Photographer shall make gallery proofs available through an online gallery proofing website.
7. Unedited Galleries. Elsa Sainz Photography does not release any unedited digital images to the client. Unedited versions do not reflect the company and the standards of the company. All digital portraits received will be edited to the standard that is offered, which can be seen in the portfolio, social media websites and profiles.
8. Artistic Rights. Elsa Sainz Photography retains the right of discretion in selecting the photographic gallery released to the Client. The Client shall receive a gallery with photographs to select from. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.
9. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Elsa Sainz Photography. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
10. Client Usage. The Client shall use their images for personal use only and in accordance with the permissions within this agreement. The Client's images shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Elsa Sainz Photography. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
11. Social Media. The Client may share their final gallery through the web/blog posts and social media. The Client shall identify Elsa Sainz Photography in the caption of all photographs uploaded to social media websites and profiles.
12. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the deposit to the Client and shall have no further liability. Further, if the Photographer is unable to deliver final gallery due to technological malfunctions, including but not limited to the equipment operation and image processing, lost or damaged without fault of the Photographer, liability shall be limited to cost of the session. In no event shall Photographer be liable for any amount exceeding the cost of the session.
13. Photographer's Standard Price List. The charges in this Contract are based on the Photographer's Standard Price List. This price list is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is placed.
14. Travel and Overage Fees. The Client shall pay an extra fee agree upon depending on the destination. This may include airfare and accommodation.
15. Jurisdiction and Venue. The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of North Carolina with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. This Agreement shall be deemed to have been made in such State, and shall be governed by and construed in accordance with the laws of such State.
16. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client's property during the course of the session and the immediately surrounding events.
17. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 this Contract. This Contract shall be governed by the laws of the State of North Carolina.
18. Attorney's Fees. If either party to this agreement brings a legal action against the other party to this agreement to secure the specific performance of this agreement, collect damages for breach of this agreement, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
19. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this agreement. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.