A. Session Retainer / Fee
Client agrees to pay the photographer a Non-Refundable session retainer of $150 at the time of booking to secure their appointment date and time. This amount goes toward your session price based on the standard price list published on www.michellemojicaphotography.com.
B. Payment
All payments are due in full the day of the session. Orders will not be processed until payment in full is received. Cash, Chase QuickPay or Square are accepted as payment methods.
C. Rescheduling
In the event that client needs to re-schedule a session, the session fee will be applied to the new session if notice is given at least 7 days prior to the scheduled event. Re-schedules should be within the same calendar year and only one re-schedule will be allowed per booking. If notice is given less than 7 days prior to session, a new retainer / session fee will be charged.
D. Refunds
Due to the artistic nature of custom photography all sales are final. Please revise the photographer’s portfolio of work prior to booking a session to ensure the style of photography is compatible with your style.
E. Preparation
The client is responsible for reading the guide attached to the appointment confirmation email explaining everything they need to do for their session. Parent or guardian is responsible for ensuring the child is well rested and fed by the session time. For maternity and family sessions, the client must come prepared to begin the session immediately after arriving. If preparation time (For hair, makeup or get dressed) is needed, it must be talked with the photographer prior to the session date and arrange an earlier arrival time to allow for these preparations to be done prior to the sessiont time to avoid a shorter session time. Client must make sure things they dont want to see on their photos such as, but not limited to wrinkled clothes, messy hair, chipped nails, clothes stains and un-even hair extensions are corrected prior to the session as the photographer will not focus on editing these flaws during the editing process.
F. Safety
The main priority of every children and newborn photographer is safety. This is why the parent must always remain at close reach of their children or newborn at all times. This includes keeping them from touching props or equipment. The photographer is not liable or responsible for any accidents that may happen while she is performing her job.
G. Late Arrivals
Any client that is late for their session will have the amount of lateness deducted from their session time, which may result in fewer images. If fewer images are provided due to lateness, the client shall still pay the full amount for the session. After a 20 minute lateness your session is considered abandoned. A new session must be scheduled if client wishes to still have a session done, and a new retainer / session fee must be paid.
H. Artistic Rights
The Photographer retains the right of discretion in selecting the photographic materials released to the client. This means that not all poses during the session may be chosen for delivery to the client. Setup designs are to the discretion of the photographer. If the client wishes a particular setup from the ones already listed on her portfolio of work, the client must request it at the time of booking their appointment or the photographer will craft a setup to her criteria and style.
I. Delivery
The client shall receive their images in digital format through a private online gallery that is active for a period of 7 days. The client will receive an email with the access information to such gallery upon completition of the editing process. The client is responsible for checking their email periodically proceeding their session date to make sure the gallery notification email is received on time before the gallery expire. The high resolution images on the client's gallery must be downloaded to a computer. If the client does not have a computer, they are responsible to locate one for the purpose of downloading the images. Other electronic devices such as smart phones and tablets do not handle high resolution images and will not work at the time of downloading your gallery.
J. 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 client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the session fee to the client and shall have no further liability. If by any electronic failure the photos are lost in the process of transferring, or editing them before being presented to the client, a free re-shoot will be scheduled at no additional charge and at client’s convenience.
K. Client’s Usage
The Client shall only use the material provided by the photographer, including digital files, in accordance with the permissions within this agreement. The photos are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If you must provide a photo to the vendor of any of your outfits or accessories you wear during the session, you need the photographers approval to do so and the photos must be watermarked for copyright purposes.
L. Outdoor Sessions
If for inclement weather your outdoor session cannot be performed, a reschedule or in studio session will be offered. Re-schedules are based on photographers availability.
M. Archive
After six (6) months, all images will be purged from the photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
N. 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 order is placed.
O. Model Release
I hereby give to Michelle Mojica Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select.
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and.
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
P. Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
Q. Copyright & Penalty
Michelle Mojica Photography retains all copyrights to all images created during client’s session. A print release to your portraits will be provided for personal use only. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Michelle Mojica Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not use them without my permission.
R. Session Requests
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
*Please do not bring any children not being photographed to the session.
*Please make sure hair is combed and face is clean and free of runny noses or eyes.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.