Family Portraits - Sheryl Madayag
Family Portraits - Sheryl Madayag
Up to 2 hour family portrait session of 30 people photographed by Alycia Aragon and an assistant on July 19th, 2014 at Central Park in Santa Clara.
[Terms and Conditions below]
TERMS AND CONDITIONS
 Definition: “Photographer” heretofore refers to Alycia Aragon under the business name “Alycia Creative.”
 Definition: "Image(s)" means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. “Shoot” refers to the photographic session.
 Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client's responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
 Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client.
 Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability of the Images.
 Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and ensures the benefit of Photographer, Client, Clients, principals, employees, agents and affiliates, their respective heirs, legal representatives, successors and assigns. Clients and its principals, employees, agents and affiliates are jointly severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by both parties. However, the invoice may reflect, and the client is bound by, oral authorizations for fees and expenses, which could not be confirmed in writing because of immediate proximity of assignment. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended.
 A 50% of total project cost retainer is required to be paid by the Client to the Photographer in order for the Photographer to reserve the Client’s date and start the project. The remainder of the cost is to be paid to Photographer on or before the day of the Shoot.
 The photographer reserves the right to post any images from the shoot in her online portfolio, blog, and in print portfolio as examples of work for future clients. Photographer will use her discretion with sensitive subject matter such as boudoir photography, only using such images for promotion or in a tasteful manner. If Client would like any photographs of themselves removed from a blog post, they may ask the Photographer to do so.
 For events or project days lasting longer than 4 hours, client will provide a meal to the photographer and photographer’s assistant including a place to sit and eat the meal at a table.
 Client must provide Photographer with a detailed list and schedule of events two full weeks prior to the day of the Shoot via email. This schedule must also include any contact information available for other event vendors involved including but not limited to names, emails, and phone numbers.
 Sole Photographer: The Client acknowledges that they will not hire more than one professional for the event and will encourage guests of the event to stay out of the line of sight of the Photographer’s camera. This is especially important during the ceremony and during portraits.
 Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified. If a credit is not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line. Credit will be given in the form of the year of production and “Alycia Creative,” i.e. © 2014 Alycia Creative, or as the Photographer’s name, Alycia Aragon.
 Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
 Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 1 ½ times their hourly rates.
 Reshoots: Client will be charged 100% fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Photographer will charge no additional fee, and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
 Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50% of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100% fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100% fee if postponement of the assignment occurs after photographer has departed for location, and 50% fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, giant irradiated sea monsters, and the fault of a third party.