Terms & Conditions
DEFINITIONS
“Photographs” includes pictures, images, transparency, negatives, digital scans, design, artwork, paintings, montage drawings, engraving or any other item which may be offered for the purposes of reproduction. “The Photographer” (otherwise known as Margarita Cruz Art) is the author of the Photographs. “The Client” is the party (person or organization) for which photography services are rendered. These terms and conditions represent the entirety of all agreements between Margarita Cruz Art and the Client.
RETAINER AND PAYMENT
A retainer fee of 40 euros (VAT incl.) is required for all photosessions. No date is reserved without a monetary retainer. The retainer is non-refundable even if the date is canceled. The balance of the complete package price must be paid on the day of the photosession or the before. If final payment is not received, no photography will be released to the client and no rights are granted until timely payment is made in full. You may not downsize to a smaller package after you have paid the retainer for that package. However, you may upgrade to a larger package at any time. Additional custom orders must be paid in full at the time of order.
EXPENSES
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer. Travel fees are pre-determined and will be set out in the initial complete package price.
FAILARE TO PERFORM
The parties agree to cheerful cooperation and communication for the best possible result. Due to the limited and subjective nature of the photo session, the Photographer cannot be held responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer will do its best to fulfill all requests but can make no guarantees all Photographs will be delivered. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for Photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography session or for missed Photographs due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
CREATIVE LICENCE
Photographs are edited at the Photographer’s discretion, delivered results may not include all Photographs shot. The Photographer reserves the creative rights to edit and release only those Photographs deemed creditable as professional in quality and within the photographer’s artistic standards and style. Images are delivered with high resolution in JPEG format. Raw files are not part of the packages. The Photographer will provide a pleasing color balance but cannot guarantee exact color matching due to different calibration of monitors/ mobile displays.
COPYRIGHTS
Title (possession) of and copyright to all Photographs shall remain with the Photographer. The raw negatives and or digital Photographs created by the Photographer remain the property of the Photographer. For third parties, excluding the Client and the Photographer, it is illegal to copy, scan, reproduce, or post online without the written permission of the Photographer. The Photographer holds the permission to use any Photographs for marketing purposes as professional samples, displays, internet website pages, advertising, exhibitions, contests. The Photographer retains the copyright to all Photographs produced by the Photographer. In case if the Client is against his/her or any of the family member’s pictures being used by the Photographer – additional fee is applied: + 75 euros to the photoshoot price.
ACKNOLEDGMENTS
To safeguard the artistic value of the Photographs, the Photographer refrains from watermarking the Photographs. All postings of the Photographs on the internet and social media should, therefore, be acknowledged as Photographs by the Photographer, taking into account customary manners of tagging and proper appropriation of credits.
FORCE MAJEURE
If the Photographer and the Client cannot perform the agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any funds paid by the Client, less retainer fee. The Photographer and the Client shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer.