Terms and Conditions:
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Alicea Caldas Inc and its brands and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon your reservation, Alicea Caldas Inc and its brands will reserve the time and date agreed upon. In the event that a Reservation Deposit of 50% is requested it is deemed non-refundable, even if the date is changed or the shooting is canceled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of the reservation. The Reservation Deposit is applied towards the reserved photo shoot service. THE CLIENT understands and agrees that the entire amount owed for the photography service / package described in the estimate or invoice is due one week prior to the event date unless expressly stated in writing.
3. SAMPLE PHOTO DELIVERY: After the photoshoot, Alicea Caldas Inc and its brands will provide THE CLIENT with a watermarked web gallery link. This link will contain the selected photographs (in both color and/or black and white) taken at the photoshoot. All photographs will have a watermark embedded, prohibiting unauthorized use unless stated in writting by an official quote, offer or promotion. THE CLIENT should as soon as possible provide Alicea Caldas Inc and its brands with a list of desired images to be printed, enlarged and/or digitally manipulated (corresponding to the amount of prints agreed upon in the reservation). The list should specify which images should be in color, black and white or sepia. Printing of photographs cannot commence prior to Alicea Caldas Inc and its brands ’s receipt of this list. THE CLIENT agrees if the balance is not paid on initial web sample, Alicea Caldas Inc and its brands will NOT make a final delivery of selected prints, incurring no liability to Alicea Caldas Inc and its brands and resulting in loss of Reservation Deposit by THE CLIENT.
4. CANCELLATION: In the event that THE CLIENT cancels the reserved photography services outlined in this contract before the photo shoot takes place, the deposit will be forfeit. Alicea Caldas Inc and its brands agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT.
5. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the photo shoot date in order to finalize the actual shooting times and locations.
6. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/ which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
7. 90 MINUTE WINDOW: The bride and/or groom agree to set aside at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, Alicea Caldas Inc and its brands shall not be held liable for failure to take desired photographs.
Terms and Conditions 2011
8. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Alicea Caldas Inc and its brands is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Alicea Caldas Inc and its brands . Alicea Caldas Inc and its brands recommends that THE CLIENT designate an "event guide" (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
9. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and Alicea Caldas Inc and its brands agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Alicea Caldas Inc and its brands will not be held liable for any photographs not taken.
10. HOUSE RULES: The photographer is limited by the guidelines of the venue or location site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; Alicea Caldas Inc and its brands will offer technical recommendations only.
11. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Alicea Caldas Inc and its brands are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Alicea Caldas Inc and its brands’s explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:
• The negatives and/or digital files are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
• THE CLIENT must obtain written permission from, and compensate Alicea Caldas Inc and its brands prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
MODEL RELEASE: THE CLIENT hereby assigns and grants Alicea Caldas Inc and its brands and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Alicea Caldas Inc and its brands and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Alicea Caldas Inc and its brands may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Alicea Caldas Inc and its brands .
EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Alicea Caldas Inc and its brands will act as the sole and exclusive event photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by Alicea Caldas Inc and its brands, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer are in session. Alicea Caldas Inc and its brands suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of Alicea Caldas Inc and its brands to capture the reserved event photography. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. Alicea Caldas Inc and its brands will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time Alicea Caldas Inc and its brands equipment is being packed up. In return for this consideration Alicea Caldas Inc and its brands insists no other guest photography take place when or where Alicea Caldas Inc and its brands is working. No other guest/photographer using professional equipment will be allowed by Luis Alicea Caldas
Photography and its brands at any time during the wedding. Alicea Caldas Inc and its brands reserves the right to stop any photographic services paid for and leave the function should any other person take photographs with any professional equipment – with the deposit being forfeit.
GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.
Alicea Caldas Inc and its brands will not tolerate verbally or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.
15. COMPLETION SCHEDULE: The printing process can only start once Alicea Caldas Inc and its brands receives the order list for the required images in writing. Digital processing takes approximately 2 weeks. Creation of a photo album takes 6-12 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy. These times are for guidance only and may change without notice. Alicea Caldas, inc and it's brand will not be held liable for delays or errors caused by third party providers such as the professional photo processor or photo album binders.
16. PAYMENTS: THE CLIENT agrees that 50% deposit is required at the time of contract acceptance and 100% of the remaining balance is due one week, 7 days, prior to the event date.
17. FINAL DELIVERY: Alicea Caldas Inc and its brands will deliver the prints and any additional material once printing is completed. Alicea Caldas Inc and its brands will include a CD with low resolution digital negatives of all photographs not selected for printing. High resolution prints of these images can be ordered from Alicea Caldas Inc and its brands at the specified tariffs. High Resolution negatives of any additional images ordered will also be provided.
18. METHOD OF PAYMENT: Payment may be made in cash or credit card:NO CHEQUES ACCEPTED
19. PURCHASE OF DIGITAL NEGATIVES: If THE CLIENT desires a copy of the additional digital negatives (images not selected for the paid package) in high resolution, these images may be purchased at a specified cost and will be supplied via the web gallery provided. CD, DVD or USB drives are not provided.
20. PENALTY FEES & CHARGES: There is a $20.00 late payment fee for any payments that are not delivered to Alicea Caldas Inc and its brands by the required date.
21. RIGHT OF WITHDRAWAL: Alicea Caldas Inc and its brands's discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Alicea Caldas Inc and its brands initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, $200.00 an hour is charged for all photography services already provided and $50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
22. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Alicea Caldas Inc and its brands will make every effort to secure a replacement photographer able and/ or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Alicea Caldas Inc and its brands takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Alicea Caldas Inc and its brands control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
23. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events, Alicea Caldas Inc and its brands cannot place an unconditional guarantee on the above. Alicea Caldas Inc and its brands will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Alicea Caldas Inc and its brands’s control.
24. PERFORMANCE: The performance of these terms on behalf of Alicea Caldas Inc and its brands shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
25. SEVERABILITY: If any provision of these terms is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
26. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Alicea Caldas Inc and its brands at the time of acceptance of this contract shall be recognized as amendments to this contract.
27. REPRINT ORDERS: Reprints of photos (or additional prints of photos not included in the package, but which is part of the additional low resolution images provided on CD) may be ordered at prevailing rates at the time of the order.
28. PROFESSIONAL IMAGE MANIPULATION: Alicea Caldas Inc and its brands will allow for limited professional image manipulation (if technically possible) on any images of THE CLIENT’S choice. This includes opening of individual’s eyes, red eye removal, de- aging, removal of people and/or objects, insertion of missing people and/or objects, color correction, special effects, portrait glamorization etc. It is understood that if a technicality prevents Alicea Caldas Inc and its brands from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that Alicea Caldas Inc and its brands has performed to its best ability with regard to the specific task and that Alicea Caldas Inc and its brands has no further responsibility towards said image manipulation.