1.) Entire Agreement
This agreement contains the entire understanding between Cabo Event Photography and the Client. Cabo Event Photography shall reserve the time and date agreed upon, and will not make any other reservations for that time and date that the client books.
2.) Method of Payment
A 50% retainer is required and may be paid online with a secure URL provided by Cabo Event Photography. Balance due two weeks before the first day of the event. No personal checks, travelers checks or credit cards can be used for payment while in the destination. There is a PayPal transaction fee of 3.7% when paying online. No materials (including but not limited to photos, videos, digital files) will be released without payment in full. Any fees charged by the venue for the photographer to photograph the session are the responsibility of the Client. There are no refunds for less than contracted hours. There are no refunds.
In the event that the Client cancels, changes the date or significantly alters the contracted services for photography outlined in this contract, monies paid will be forfeit. For this reason, unless Cabo Event Photography is able to fully replace a cancelled reservation retainers/payments are non refundable. If Cabo Event Photography is able to re-book the cancelled date with another group of equal or greater value to the sum of the photography fees of the original cancelled booking in whole, monies will be refunded to the Client accordingly. Any fees charged by the hotel for the photographer to photograph the session are the responsibility of the Client.
4.) Equipment and Style
Client agrees that Cabo Event Photography shall be granted artistic license in photographing and editing the photos. Cabo Event Photography has ‘final cut’ on all images. All decisions are made in the best interest of the Client, who will be given the highest quality, best of the best, selection from the images. Photo editing does not include 'photo-retouching' and is limited to levels and white balance editing. All edited images are delivered in JPEG format. Cabo Event Photography's decisions regarding locations, poses, and number of photographs created and presented shall be deemed to be correct and the image collection complete. We will make a good-faith effort to create any and all requested photographs, but because of the rapid pace and unpredictable nature of event photography, it is impossible to guarantee that expected and specific photographs can be made. But we will sure try! The client will be responsible for, or have someone designated, to identify people of whom 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 people or gathering people for photograph(s). The photographer is limited by the guidelines of event site management. CLIENT agrees to accept the technical results of their imposition on the photographer
Cabo Event Photography grants the ownership and copyright of all images and the right to reprint any image from the original files for personal use to the Client. The Client may sell, enter competitions, or make commercial use of any image. Cabo Event Photography reserves the right to use images for promotion, social media publication or other purposes.
6.) Digital Files and Back Up
The Clients digital images are available for fast/secure download from Cabo Event Photography's servers directly to the clients computer for a limited period of time after the editing has been completed. Once the Client has downloaded their image ZIP file from Cabo Event Photography's servers the Client must back-up the digital files on their own computer.
7.) Right of Withdrawal
Cabo Event Photography’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 access or available times; missed appointments and late payments are examples of contributing factors. Should Cabo Event Photography be forced to withdraw services as a result of Client changes, all fees will be returned, excluding retainer as well as fair market value for all services/products already provided and lost opportunity for replacement bookings.
8.) Limit of Liability
Cabo Event Photography will not be liable for any climatic conditions such as but not limited to hurricanes or tropical storms, or ground/air conditions as a result of, which prevent the photographer from photographing the session. If such a situation should occur Cabo Event Photography will refund any monies paid exceeding the retainer amount. If the Client declines alternative booking times offered by Cabo Event Photography the fee is forfeit. Cabo Event Photography takes the utmost care with respect to exposure, transportation and processing of digital images; including using professional grade equipment. However, in the unlikely event of The Clients photographs being lost, stolen or destroyed for reasons within or beyond Cabo Event Photography’s control, the latter’s liability is limited to the return of all payments received for the session package. The limit of liability shall not exceed the agreement price.
This agreement is binding under the terms of the 2000 Electronic Signatures in Global and National Commerce Act. 290322