This agreement is between Shayla Velazquez, hereinafter referred to as the "Photographer", operating in the State of Colorado, and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.
The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Agreement Overview: This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous 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 that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Rescheduling: The Photographer must be notified immediately of any changes in schedule, at least 24-48 hoursprior to the scheduled date of signed session time. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the Client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of schedule or contact information (time, etc.) as
listed, you must notify the Photographer.
The Photographer kindly asks that the Client get in touch with the Photographer 7-10 days prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
Retainer: A retainer fee of $50 is required for all portrait sessions. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer and contract is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event. Additional custom orders (prints, enlargements, albums etc.) must be paid in full at the time of order.
Cancellation: There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing
even if a phone call was made to inform the Photographer of the cancellation.
Tardiness: In the event that the Client is late to the photo session appointment set, the Client’s session will still be for the same scheduled ending time. If you are forced to reschedule due to tardiness, scheduling will be depended on the Photographer’s schedule and the Client will not be guaranteed a new session date immediately.
Weather Policy: In the event of the weather conditions that is out of our control. If the Client has been contacted and advised to reschedule due to the Photographer’s concerns about the weather and the Client still proceeds with the session and it rains, snows etc. limiting the time and or photos that were able to be taken, the Client will be charged for an additional session at the Photographer’s hourly rate to reschedule or shoot additional photos. Due to the Photography equipment, it is up to the Photographer’s discretion if bad weather persists to cancel the session, during the session.
If the Client has been contacted and advised to reschedule due to the Photographer’s concerns about the weather, and the Client decides to reschedule, the Client will not be charged to do so. The Client will then be put on first priority for their session and reschedule even on non-session days.
Appearance/Outfits: In the event that the client would like additional photos due to appearance is out of the Photographer’s control in the previous session. The Client will be charged for an additional session rate to reschedule or shoot additional photos.
Although there are no additional fees for additional outfit changes, the amount of time it takes to change into those outfits does count towards the total amount of the allotted session time.
Additional Family Members: Sessions are good for up to 5 people. In the event that the individual Client wants to add an additional family member that surpasses 5 people to their photo session they will be charged $15 per additional family member. Pets are no charge up to 2. There will be a charge for any additional pets over 2.
Props: The Client is responsible for bringing any props that they want in their photos. In the event that the Client has forgotten a prop for their session and wants photos with that prop, the Client will be charged for an additional session rate to reschedule or shoot additional photos.
Failure to Perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this agreement. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Clients are responsible for all location fees and permits. Clients will be responsible for their children and themselves, and release the Photographer from any claims.
Copyright: Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the "images") created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is herby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs. The client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by Shayla Velazquez Photography.
Limited Printing: Reserves the printing rights to Shayla Velazquez Photography as the sole printer or the printer specified by the Photographer. If the Client chooses not to use this Photographer or a subsequent reputable professional print lab suggested by this Photographer, then Shayla Velazquez Photography is not responsible for their quality of those images. It has been explained to the Client that not all labs use the same Professional editing software and that being the case the images rendered from those labs run the risk of being sub-par. Shayla Velazquez Photography guarantees the quality of the images at the Professional Print Lab she uses and that those images are direct likeness to the ones in the Online Gallery provided to each client for final approval.
Exclusive Photographer: The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties.
Expenses: Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
Creative License: Images are edited at the Photographer’s discretion, and delivered images may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. Shayla Velazquez Photography hand chooses approximately 10-15 photos based on her professional skills to edit. Additional images are available for purchase for additional fee $15 per additional image & must be paid before processing.
Force Majeure: If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, ‘Acts of God’, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.
Returned Checks: Returned checks are subject to a $30.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
Completion Schedule: Your images will be completed approximately 2-3 weeks. In the event that it takes longer due to illness or something deemed out of the control of the Photographer. The Client will be notified in writing and a subsequent date will be given. After images are delivered, the Client is then responsible for backing up their images & the Photographer can not be held liable for images after products, digital images are delivered to the client.
Cost of Portrait Photography
Please make all checks (if any) payable to: Shayla Velazquez
Package: Mini Session
Package Details: Includes Approximately 30 minute session On Location, 5 edited digital images & Print Release, which is sent via email.
The Client’s gallery will have about 10-15 edited digital images will be uploaded to an online protected gallery where the Client will be able to choose their 5 images. Any additional images are $15/per image.
The final gallery a password & pin number will be given to the Client to download their digital images. It will only stay in the gallery for 7 days then will be removed from the gallery. If after that time the Client requests the gallery to be up again it will be an additional $25 to upload the Client’s gallery again and will again stay up in the gallery for only 7 days then removed.
Total: $125
(After the retainer is paid, the remaining balance is due before or on the date of event. No photography will be fulfilled without payment in full.)
This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understood the Photographer’s current price list.