TERMS AND CONDITIONS FOR PHOTOGRAPHY SERVICES

 

 

Please read the below terms and conditions. This form is designed to provide you information regarding the terms and conditions for your photography services. By selecting a package and returning this form It is understood that you agree to the below terms and conditions. 

 

We thank you for allowing us to capture your memories and allowing us to be your photographer. 

 

TERMS OF THE CONTRACT:

1. This a contract between you and Focus on You LLC., its employees and its designees.

2. By selecting a package, it is understood that Focus On You LLC is the exclusive official photographer retained to perform the photographic services these services are described as: 

3. The charges in this contract are based on the Focus On You LLC.’s standard price list. 

4. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

5. By selecting a package, it is understood that no part of the order, including previews, will be delivered or made available until the balance due is paid in full.

6.  By selecting a package, it is further understood that Focus On You LLC., reserves the right to use images created under this contract for advertising, display, publication and other purposes.

7. By selecting a package, it is understood that negatives, digital files and previews remain the exclusive property of Focus On You LLC. 

8. By selecting a package, you agree to meet at the Grace Baptist Church (No Affiliation with Focus On You LLC) located at 2200 North Sullivan in Farmington, NM to receive your thumb drive. If you wish to have it mailed to you, you agree to pay an additional $10 for shipping and handling prior to it being mailed (This will be certified mail, signature required). 

 

OBLIGATIONS OF FOCUS ON YOU: 

 

1. By selecting a package it is understood that Focus On You LLC., will use its own photographer’s employees or designees to fulfill its obligations described above. 

2. In the event that Focus On You LLC., is unable to fulfill their obligations due to sickness or unforeseen scheduling conflicts. Focus On You, LLC., will have its employee or designee take the photographs contracted for.

3.  In the occurrence of such event, Focus On YOU LLC., ensures that all employees or designees taking the photographs will be a competent professional.

4. Focus On You LLC., shall reserve the time and date agreed upon.

 

OBLIGATIONS OF THE CLIENT: 

 

1. By selecting a package, you acknowledge that you have entered into a contract and have the authority to agree to the use of the likeness of all persons included in the portrait.

2. By selecting a package you are indicating that you understand that the amount owed and type of photographs you wish to purchase are partially dependent upon the weather, time, location and participants. 

3. By selecting a package  you further acknowledge that the quantity of photographs taken at the event can vary greatly and that photography by nature is an art, subject to the creativity of the photographer and his/her personal artistic style.

 

RETAKES:

1. By selecting a package you further acknowledge that your participation, and the participation of those being photographed is needed to obtain the photos that you would like to receive. 

2. By selecting a package you further acknowledge that your participation, and the participation of those being photographed has a duty to assist and cooperate with the Photographer in obtaining the desired photographs. 

3. Retakes may not be demanded because your or those being photographed’s wardrobe, lack of smile, basically anything other than the quality of picture.

 

CANCELATIONS AND ADVERSE WEATHER: 

 

1. All sitting fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather. Unless the Studio is able to fully replace the cancelled reservation

2. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Focus On You LLC., the photographer may elect to use an alternate location or to reschedule the portrait.

 

DESTRUCTION OF MATERIALS AND REFUNDS:

 

1. In the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Focus On You LLC. you agree to hold Focus On You LLC. blameless.

2. If Focus On You LLC., cannot perform this Contract due to destruction of equipment, act of God, or other cause beyond the control of the parties including but not limited to photographer’s illness or emergency, then Focus On You LLC., shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. 

3. I understand that I cannot demand a refund, or a redo due to differences in artistic preferences of the final images.

4. There will not be a refund unless it is a quality issue with the photos themselves.

5.  In the event Focus On You LLC., fails to perform for any other reason, Focus On You LLC shall not be liable for any amount in excess of the retail value of the Client’s order. 

 

NOTICE OF COPYRIGHT

 

It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Focus On You LLC.’s permission. Violators of this federal law will be subject to its civil and criminal penalties. 

 

 

 

 

SEVERABIITY

 

This contract and its terms incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. IF any portion of this contract is to be found invalid or illegal. That portion shall be struck from the contract and the remainder shall remain enforceable.

If you do not agree with the Terms and Conditions please call or text 505-793-6578.  

 

METHOD OF PAYMENT 

 

Focus On You Photography does not accept checks, no exceptions. 

Focus On You Photography accepts, Cash, Credit Cards, or Money Order made out to Focus On You Photography. All Session deposits must be made through the website with credit cards, no exceptions

 

LIMITS ON LIBABILITY: 

 

Further, by selecting a package, you, your designees, heirs agree to these conditions and shall indemnify Focus On You LLC