Please do not copy, repost, or use without permission. Once deposit is sent the following is applicable :
1. The 15% deposit is not refundable if the Client cancels or changes the engagement. If the Photographer fails to appear at the place and time specified above without informing the Client at least 24 hours in advance, the deposit shall be refunded to the Client.
2. Payment is accepted in th
e forms of check (preferred) or cash.The initial 15% deposit is due before any photography work commences, and the remaining balance must be paid before or on the client scheduled shoot. Make payments to “Daydream LLC.”
3. Proof photographs in high-resolution JPG format only shall be delivered to the Client no later than 3 weeks (21 days) after the photos are taken. Photos will be delivered via Adobe Lightroom. Photos will be available for download at this link for up to 4 week (28 days) before they are deleted.
4. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
5. The Photographer retains copyright in the photographs, and hereby grants the Client unlimited but non-exclusive rights to use or reproduce the photographs for which the Client pays.
6. Indemnification:
6.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
6.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
6.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
6.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
6.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
6.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
7. Duty of Client
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
8. Exclusive Photographer
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
9. Model Release
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties. If Client is a minor this must be completed by parent or guardian.
10. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
11. Client assume all risk and responsibilities of participating in this photograph session. Client releases Ana Munoz and Daydream LLC any liability of personal injury that may occur during our photograph session. Client knowingly and fully accept all risks associated with this activity.
• CLIENT AGREEMENT: This agreement contains the entire understanding between photographer and client. The only way to add or change this agreement is to do so in writing, signed by CLIENT and PHOTOGRAPHER. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
