Full Session Terms
Client hereby agrees to, understands and accepts the following:
1. PAYMENT- A retainer will be required to reserve your session, and is applicable to total package cost. This retainer is non-refundable. Balance of Session Fees are due in full no later than your session date, and payable in cash or check only or via client online portal. We apologize but Marie Monforte Photography cannot accept partial payments.
Client agrees to pay for any permits required to shoot at the location they desire, any parking fees incurred by Marie Monforte Photography, and/or or to pay a travel fee of $1 per mile above/beyond 30 miles each way from zip code 92069.
Lifestyle Sessions include up to 6 persons. Each additional person will incur a surcharge of $25.
2. RESCHEDULING- We are a family-friendly business and understand that especially with small children, things come up unexpectedly causing you to need to reschedule. I kindly request we keep rescheduling requests to an absolute minimum, however, you may reschedule *one* time if you are unable to make your original session date but I *cannot guarantee specific availability*. Please notify me 24 hours or earlier before your photo session if you must reschedule, and I will make every reasonable attempt to find a suitable replacement date, offering 2-3 similar options. If none of the new date options are agreeable, you will forfeit any paid retainer fees. Furthermore, cancellations or reschedule requests within 24 hours will forfeit any paid retainer fees. If, after one previous reschedule, you are unable to make your second appointment you will forfeit any paid retainer fees.
Should Marie Monforte Photography need to reschedule your session, I will make every reasonable attempt to find a suitable replacement date, offering 2-3 similar options. If none of the new date options are agreeable you may elect to receive a refund of your retainer and cancel your contract.
In the event of a forecast for inclement weather client agrees to wait and allow the photographer to determine if a postponement is necessary on the session date, at minimum 3 hours prior to session time. Marie Monforte Photography reserves the right to reschedule a session due to inclement weather, and will make every reasonable attempt to find a suitable replacement date. If no acceptable replacement date can be found in the event of an inclement weather cancellation initiated by Marie Monforte Photography, Marie Monforte Photography will refund any paid retainer fee. Should client wish to reschedule due to weather, but Marie Monforte Photography does not deem this necessary, Marie Monforte Photography makes no guarantee of availability and retainer will not be refunded. (Meaning: if it's cloudy but not raining, so be it... sorry - I can't control the sun, don't worry though; we can still get gorgeous images when it's overcast out).
3. CREATIVE LICENSE - Images will be taken, selected, and edited in either color or black and white, at the photographer’s discretion, and delivered images will not include all images taken. The photographer reserves the creative right to edit and release only those images deemed professional in quality and within the photographer’s artistic standards. By signing this contract, the client is aware of *and specifically selects* the style of photography that Marie Monforte produces as evidenced by portfolios/blogs presented on www.mariemonfortephotography.com.
4. IMAGE DELIVERY - Marie Monforte, as a photographer and Artist with whom Clients entrust photography to, retains the judgment to remove any image(s) from the collection that she deems bad or irrelevant. Marie Monforte Photography releases edited Jpeg files only - NO RAW files will be delivered.
Images will be edited in a style consistent with that portrayed in artist portfolio and may include images in color and black & white. All images delivered will be edited for exposure, color correction, cropping and artistic style. Additional editing and/or retouching requests are billed at $35 per hour, and subject to Artist's discretion (Meaning: No, I won't make you look 15 years younger or 50lbs thinner - We are all perfectly imperfect, just the way we are!).
Approximately 7-10 days after your session date you will receive an email containing the link to your online gallery, which will contain all the best images from your session, as determined by the artist. You can download your images to your computer or hard drive, and we strongly recommend that you back them up in more than one location (and also a cloud-based storage solution).
5. PRINT RELEASE - All packages include a Print Release authorizing you to print your files at the printer of your choice, however Marie Monforte Photography cannot guarantee the quality of prints from outside labs and recommends ordering prints through your online gallery instead. Your downloaded files will be optimized for print up to 8"x10" because larger print sizes require sharpening and processing specific to their output size and medium. For this reason, I highly recommend ordering prints larger than 8x10 through your online gallery. I will then process and submit your print order to my professional lab(s).
6. GALLERY EXPIRATION - Your online gallery will be active/available for 12 weeks and all downloads/print orders orders should be placed within this time. There is a $25 fee to reinstate an expired gallery. Images from your session will be kept on Archived backup file for 1 year, after which I cannot guarantee I will be able to retrieve them. Client agrees storage of delivered files is solely client's responsibility. Marie Monforte Photography strongly recommends storing your images in duplicate, with one set stored on a hard drive and another in a cloud-based solution.
7. CORONAVIRUS/COVID CLAUSE:
Client is hereby notified and agrees that:
a. While the State of California has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by Marie Monforte Photography are subject to those rules in place at the time the photography services are to be performed.
b. Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity. (ie... I will be wearing a mask and maintaining 6-ft distance from my clients).
c. Client and all members of Client’s party agree to abide by the social distancing measures in force at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at increased risk of COVID-19 exposure or transmission.
WAIVER
Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure.
As consideration for this waiver, Marie Monforte Photography agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure.
d. Notwithstanding the foregoing, the Waivers contained in Sections 4 and 5 of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.
8. SOCIAL MEDIA - You are authorized (and encouraged) to share your images on social media. Please include a credit back to the Artist, or a link to my website. Copyright law protects photographs as works of art. As such you are not authorized to alter or edit the images in any way, including cropping, applying “auto correct” or other filters. If you would like to submit photos to contests or other publications, please contact Marie Monforte Photography for express written permission.
9. Copyright - The Federal Copyright Law protects copyright. It is unlawful to copy or scan any images without permission of the photographer. Even though the pictures may be of you or your child, the photographer still owns the copyright to the image as its original creator. In order to control the quality of the work produced, the photographer is the only one who can crop or modify any image produced from your session. Alterations of any kind are in direct violation of copyright laws. The photographer retains copyright and ownership of all images from your session and reserves the right to produce images for her portfolio, website, self-promotion, photo contests, etc. No names will be published without client’s specific consent.
10. Model Release - Client hereby consents that the photographs taken and presented by this photographer may be used by Marie Monforte Photography for the purpose of display, portfolio, advertising, website, social media or publication to promote her services, provided that names will not be published without specific consent from client. Client also agrees that the images can be used without additional compensation. Client is either of full age and has the right to contract in his/her own name, or is acting on authority as parent or guardian of any minors being photographed. Client is signing this Model Release on behalf of any and all persons being photographed as part of the session. By signing below, client confirms that:
He/she/they has/have read and agree to the terms and conditions set forth above, including payment policies, cancellation and copyright policies & model release. - He/she/they, as the parent or legal guardian of any minor(s) photographed, have the legal right and authority to execute the model release stipulations on behalf of said minor(s).