BOOKING & CANCELLATION

By booking Malena Vasquez Studio directly or through a third-party promotion or other vendors, the Client agrees to all copyright terms, agreements, and conditions below and understands all terms, agreements, and copyrights that automatically come with an artist's rights. Booking retainer fees are due along with an online booked session or a signed contract (whichever applies) to officially hold a date. The client understands Malena Vasquez Studio is turning away future jobs on a particular date and therefore requires all online booked sessions and non-refundable retainer fees to be paid immediately.

SESSION RESCHEDULING

Rescheduling will be possible only at Malena Vasquez Studio's discretion. Client understands that by canceling a session all sessions and retainer fees are forfeited, however under certain circumstances and if there is availability, Malena Vasquez Studio will grant a one-time exception to the Client only if the change is requested in a timely manner and no later than 72 hours in advance for a full credit. If a reschedule is requested later than 72 hours in advance, and in the case the reschedule was granted, Malena Vasquez Studio will retain any advance payment or retainer as a penalty. In this case, the Client will need to cover any balance due plus penalties to reschedule. Last-minute cancellations will not be refunded in any way and will need to be rescheduled at the full session fee.

COPYRIGHT & USE: NOTICE OF COPYRIGHT

It is ILLEGAL to copy or reproduce these photographs elsewhere without Malena Vasquez Studio’s permission and violators of this Federal Law will be subject to its civil and criminal penalties.

A gallery link with standard high-resolution digital photographs (print size up to 8"x10") will be sent to the Client upon completion of the editing process. Also, upon completion of the editing process, there will be an online gallery available for online viewing, downloading, and purchase of professional prints for a minimum of 60 days (if applicable). Clients will have the limited right to make and use copies of the digital images provided, for their own use in e-mail and on personal web pages. Clients cannot crop, change, or modify the images without permission from Malena Vasquez Studio, and RAW or unedited images are never released to the client since the Client does not have the copyright to the images. They may share the online gallery and images in social galleries only with a link to Malena Vasquez Studio’s website or social media sites (www.MalenaVasquezStudio.com or Facebook/Instagram/LinkedIn etc.) to give proper credit to Malena Vasquez Studio. Clients will not make copies for sale or for the purpose of circumventing the sale of images by Malena Vasquez Studio, nor will the Client authorize any reproductions of the images for commercial use or photographic competition or display. If requested Malena Vasquez Studio will furnish the Client with a written release, which will allow the Client to make prints and other reproductions for personal, non-commercial use and distribution. Malena Vasquez Studio retains copyright in all images created and will have the right to reproduce for portfolio samples, self-promotion, and professional competition. Malena Vasquez Studio reserves the right to use digital images and/or reproductions for advertising, display, publication, or other purposes. Digital images and previews remain the exclusive property of Malena Vasquez Studio.

PAYMENT DETAILS/OBLIGATIONS OF THE CLIENT

Sessions are booked through the online booking system and must be paid in full to schedule a session. All retainer fees must be paid immediately to officially book other session packages. Payments can be made via Credit Card, Zelle, Wire Transfer, or Certified Check. If paying by certified check, checks must be cleared and any unclear check or if a bank denies the charge, a service fee of $50 will be assessed to cover bank fees plus whatever balance is due must be paid by cash. If payments are not made, Malena Vasquez Studio reserves the right to cancel the session or retain the final images and right of use, whichever applies, until payment is cleared. Please note, if paying retainer fees by certified check, it must clear before reserving and booking a session date.

IMPORTANT: No part of any order, including previews, will be delivered until the balance is paid in full. Shot lists created are only used as guidelines and not guaranteed poses/shots. The client is responsible for notifying the photographer of any props they would like to utilize. Props must be provided by the Client. Client shall provide access to Malena Vasquez Studio, its employees, or representatives to the session location(s). Client shall be responsible for acquiring all permits for all shooting locations if necessary including offices, corporate buildings, churches, synagogues, parks, sites, or other venues for the event or session. The Photographers will abide by the rules of the session location in regards to camera placement at the session, which may limit the photos that can be taken. Many cities, counties, state agencies, and private venues/businesses are charging photographers permit fees and the Client is responsible for the payment of such fees. In the event Client refuses to pay for any such permit fees, Client is responsible for any, and all related costs or fines if applicable. Client shall pay for all travel fees, parking, tolls, and all other miscellaneous costs pertaining to the session/event to allow Malena Vasquez Studio to perform its obligations under any Agreement. Any unexpected expense of this matter will be added to the final bill and must be paid in full before delivering any previews. For events, the Client is responsible for any team member, individual, or guest and ensuring they do not interfere with the Photographer’s work. If the Client’s team member or guests are not available or are uncooperative, the Photographer is not responsible for “missing” images with specific guests. If any team member, guest, or even the client becomes or remains uncooperative or becomes rude or violent, and the photographer and staff feel threatened or deem they are unable to continue their work or have an amicable relationship with the client, the photographer, and staff will be able to leave the event and the session investment will not be refunded.

INDEMNIFICATION/LIABILITY

The Client shall defend, indemnify, and hold harmless Malena Vasquez Studio from any losses, damages, costs, liability, or expenses resulting from The Client's violation of the terms of this Agreement or any agreement involving the Client and the Photographer. The Client shall indemnify Malena Vasquez Studio and hold the photographer harmless from and against any claim, losses, damages, costs, liability, or expenses by any other person or entity resulting from the performance of his/her services under this agreement. Malena Vasquez Studio is not responsible for any damages to the Client's formal wear, clothing, accessories, valuables, and all other items belonging to the client or guest, venue, other vendors, or those of their guests. The Photographer and any of her agents or third-party associates will not be liable in the unlikely event that a problem arises, whether due to lateness, no-show, accident, neglect, human error, loss of materials, acts of God, equipment, or other failures. The Photographer is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire, or otherwise lost or damaged without fault on the part of the Photographer. The client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the event the Photographer fails to perform for any other reason, the Photographer's liability is limited solely to the return of all payments received from the Client under this Agreement.