Terms and Conditions
Terms and Conditions
For this contract, Mr. Rafael A. Arévalo, his assistants and any subcontractor will be referred to as the Photographer and by accepting our terms and conditions you will be referred to as the Client from now on, who have agreed to sign the following professional services contract of Photography whose guidelines are the following:
- The Photographer will carry out the photographic coverage for the Client on the date and time previously agreed via text, phone call or any type of communication established.
- The Photographer has the right to cancel the photographic session if the Client does not arrive at the time, day or place previously scheduled.
- The Client will make the payment for the total amount agreed.
- The amount to be paid will be made as follows:
i) The payment equivalent to 50% will be made the day the previous form was filled out.
ii) The remaining balance of 50% will be made on the day the photography service will be performed.
- All Photographic services will be automatically canceled if the payment agreements are not carried out according to the previous guideline.
- The prices provided in the photography packages are valid for 30 days only. The Photographer will not be obliged to maintain said price if the initial payment of 50% is not made.
- The Photographer is not responsible for the quality or quantity of photographs taken during NewBorn photo shoots after the baby is 10 days old.
- The estimated delivery of the electronic and / or physical photographic material will be made in a period of 3 – 4 weeks from the business day following when the Client selects the digital pictures to be edited. However, this time could be extended due to abnormal conditions.
- The Photographer will be the exclusive professional to execute the photographic shots. (other people will be allowed to take pictures as per Photographer’s discretion)
- All rights of use and copyright are expressly agreed, including rights to negatives, digital files, images and any other material produced by the Photographer and that any reproduction of the material is reserved for the Photographer and its commercial benefit.
- In the event of a major adversity for which the Photographer finds it impossible to cover the event, the Photographer will make the best of his or her effort to ensure coverage of the event through the use of the services of another qualified professional. However, the legal responsibility of the Photographer under any circumstance will be limited to the total return of the deposit made by the Client.
- The Client may cancel this contract, for whatever reason, however, the Client understands and accepts that the amount paid as a deposit will not be returned, since said amount covers the expenses incurred by the Photographer.
- The Client may change the date of the event agreed in the contract. If the Photographer is available on the new suggested date, the Client agrees to pay 25% extra of the total value of the agreed service on the same day that the information on the change of date of the event was provided. Otherwise the Photographer will consider the contract as automatically canceled.
- The Photographer will not have any type of responsibility in maintaining digital or physical files acquired during the event or photographic session once the final material is delivered to the Client.
- The Link to download the digital files will be active for 4 weeks. Time in which the Client will have to download each file. After this time the Photographer will not have any kind of responsibility for deleted or lost files. After this time, if required by the Client, (if the digital data is still available on the Photographer database) the link could be reactivated for a $200 fee which will be paid prior to the link being reactivated.
- In case of having prints in the photographic package, album or other extra service, the Client will be responsible for identifying to the Photographer the photographs to print, edit or provide an additional service within a period of no more than 30 days after the delivery of the digital photographic material. After this time, the Photographer will not be responsible for the digital or printed material.
- The Photographer reserves the right to stop the coverage of the event or photo session in the event that the Photographer identifies any member or guest of the event or photo session as hostile, inappropriate, threatening or offensive directly towards the Photographer or his / her team. In any case, the Photographer will inform the Client about any incident to give the opportunity to correct it and / or have them removed from the event or photo shoot.
- In case of any damage to the Photographer’s equipment by any member or guest of the event or photo shoot, the Client will be fully responsible for restoring the full value of the damaged equipment. This payment will be made to the Photographer 5 business days after the damage occurred.
- The Client will be responsible for 100% of the charges infringed or required to carry out the coverage of the event including but not limited to:
i) Charges of fines, damage to the Photographer’s vehicle.
ii) Charges for entering public or private places that are not free.
iii) Charges for transportation to events or photo shoots outside of Miami-Dade County.
- The Photographer reserves the right to stop coverage of the event or photographic session in the event that climatic or natural conditions represent a risk for the photographic team or for the Photographer, which prevent photographic coverage of the photographic session / event.
- The Client agrees to the Photographer’s services without any obligation by agreeing to go to the place scheduled for the photo session / event at their own risk with regards to but not limited to travel and accidents during the photo session / event.
- The amount of photographs, video and / or photographic material expressed in the chosen photography package could vary due to abnormal circumstances presented by the Client or by the Photographer which prevent the coverage or execution of the service.
- The Photographer reserves the right to admit or reject any Client, service or contract even after having a verbal agreement, in writing and / or partial or full payment, resulting in the refund of the amount already paid as long as the client has complied with the terms and conditions.
- The Client indicates that he accepts and understands the terms of this contract and understands that if any of the previously agreed guidelines are not 100% carried out, the Photographer reserves the right to cancel this contract without prior notice.