TERMS & CONDITIONS
Minors under 18 must be accompanied by a parent who will automatically agree to this Terms & Conditions representing their children when booking.
A model release will be signed before or during the session.
BOOKING & CANCELLATION
By booking Malena Vasquez Studio directly or through a third-party promotion or other vendors, Client agrees to all copyright terms, agreements and conditions below and understands all terms, agreements and copyright that automatically comes with an artists' rights. Booking are retainer fees are due along with an online booked session or a signed contract (whichever applies) to officially hold a date. Client understands Malena Vasquez Studio is turning away future jobs on a particular date and therefore requires all online booked sessions and non-refundable retainer fees to be paid immediately.
Rescheduling will be possible only at Malena Vasquez Studio discretion. Client understands that by canceling a session all sessions and retainer fees are forfeited, however under certain circumstances and if there is availability, Malena Vasquez Studio will grant a one time exception to the Client only if the change is requested in a timely manner and no later than one week in advance for a full credit. If a reschedule is requested later than a week, and in the case the reschedule was granted, Malena Vasquez Studio will retain 50% of any advance payment or retainer as a penalty. In this case, Client will need to cover any balance due plus penalties in order to reschedule.
COPYRIGHT & USE: NOTICE OF COPYRIGHT
It is ILLEGAL to copy or reproduce these photographs elsewhere without Malena Vasquez Studio’s permission and violators of this Federal Law will be subject to its civil and criminal penalties.
A gallery link with standard high-resolution digital photographs (prints up to 8"x12" IF negotiated) will be sent to the Client upon completion of the editing process. Also, upon completion of the editing process, there will be an online gallery available for online viewing, proofing and purchase of professional prints for a minimum of 1 year (if applicable). Clients will have the limited right to make and use copies of the digital images provided, for their own use in e-mail and on personal web pages with watermarked images. Clients cannot crop, change, or modify the images without permission from Malena Vasquez Studio and RAW or unedited images are never released to the client since the Client does not have the copyright to the images. They may share the online gallery and watermarked images in social galleries only with a link to Malena Vasquez Studio’s website or social media sites (www.MalenaVasquezStudio.com or Facebook/Twitter/Pinterest etc.) to give proper credit to Malena Vasquez Studio. Clients will not make copies for sale or for the purpose of circumventing the sale of images by Malena Vasquez Studio, nor will the Client authorize any reproductions of the images for commercial use or for photographic competition or display. Malena Vasquez Studio will furnish the Client with a written release, which will allow the Client to make prints and other reproductions for personal, non-commercial use and distribution. Malena Vasquez Studio retains copyright in all images created and will have the right to make reproduction for portfolio samples, self-promotion, and professional competition.
Malena Vasquez Studio reserves the right to use digital images and/or reproductions for advertising, display, publication or other purposes. Digital images and previews remain the exclusive property of Malena Vasquez Studio.
PAYMENT DETAILS/OBLIGATIONS OF THE CLIENT
Sessions are booked thru the online booking system and must be paid in full in order to schedule a session. All retainer fees, 50% of full package negotiated, must be paid immediately to officially book other session packages. Payments can be paid via money order, certified check, PayPal, Visa, MasterCard or AMEX. If paying by certified check, checks must be cleared and any unclear check or if a bank denies the charge, a service fee of $50 will be assessed to cover bank fees plus whatever balance is due must be paid by cash. If payments are not made, a 2% interest fee will be charge per month until payment is made. Please note, if paying retainer fees by certified check, it must clear prior to reserving and booking a session date.
IMPORTANT: No part of any order, including previews, will be delivered until the balance is paid in full.
Shot list created are only used as guidelines and not guaranteed poses/shots. Client is responsible of notifying the photographer of any props they would like to utilize. Props must be provided by the Client.
Client shall provide access to Malena Vasquez Studio, its employees, or representatives to the session location(s). Client shall be responsible for acquiring all permits for all shooting locations if necessary including church, synagogue, parks, sites, or other venues for the event or session. The Photographers will abide by the rules of the church/synagogue in regards to camera placement at the session, which may limit the photos that can be taken. Many cities, counties, state agencies and private venues/businesses are charging photographers permit fees and Client is responsible for the payment of such fee. In the event Client refuses to pay for any such permit fees, Client is responsible for any and all related costs or fines if applicable.
Client shall pay for all travel fees, parking, tolls, and all other miscellaneous costs pertaining to the session/event to allow Malena Vasquez Studio to perform its obligations under this Agreement. Any unexpected expense of this matter will be added to the final bill and must be paid in full before delivering any previews.
For events, Client is responsible for family members and guests and ensuring they do not interfere with Photographer’s work. If Client’s family or guests are not available or are uncooperative, Photographer is not responsible for “missing” images with specific guests. If session/event party, guests, or even the client becomes or remains uncooperative or becomes rude or violent, and photographer and staff feels threatened or deem they are unable to continue their work or have an amicable relationship with the client, the photographer and staff will be able to leave the event and the session investment will not be refunded.
The Client shall defend, indemnify and hold harmless Malena Vasquez Studio from any losses, damages, costs, liability or expenses resulting from The Client's violation of the terms of this Agreement or any agreement involving the Client and the Photographer. The Client shall indemnify Malena Vasquez Studio and hold the photographer harmless from and against any claim, losses, damages, costs, liability or expenses by any other person or entity resulting from the performance of his/her services under this agreement. Malena Vasquez Studio is not responsible for any damages to Client's formal wear, clothing, accessories, valuables, and all other items belonging to the client or guest, venue, other vendors, or those of their guests. The Photographer and any of her agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of God, equipment or other failures. The Photographer is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the event the Photographer fails to perform for any other reason, the Photographer's liability is limited solely to the return of all payments received from the Client under this Agreement.
****The above is a summarize version of photographer and client rights.