1.) Entire Agreement
This agreement contains the entire understanding between Cabo Photography and the Client. Cabo 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. Any extra fees which are not levied by Cabo Photography but instead charged by the hotel/venue/location are the responsibility of the Client. Our photo sessions are done with COVID-19 safety awareness.
2.) Method of Payment
Payment in full for photo sessions of 2.0 hours or less. For sessions over 2.5 hours or more a 50% retainer may be made on line with a secure URL provided by Cabo Photography. Balance due two weeks before the event day paid on line. 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.
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 Photography is able to fully replace a cancelled reservation retainers/payments are non refundable. If Cabo 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. If the Client changes the date, time or location there may be additional re-booking fees. Any fees charged by the hotel for the photographer to photograph the session are the responsibility of the Client.
3a.) Bookings affected by COVID-19 for either the client or photographer whether it’s the airlines, hotels, government policy, or unforeseen circumstances may be refundable up to 100%. Refunds with notice available as follows:
Option One FULL CREDIT:
100% full credit for one year. This credit can be transferred to anyone. So if you are coming back to Cabo or know someone who is this option is for you.
Option Two REFUNDS: Based how many days notice given in advance of your scheduled photo session in Cabo.
100% - 31 days or more
75% - 15 - 30 days
50% - 8 - 14 days
25% - 7 days or less
4.) Equipment and Style
Client agrees that Cabo Photography shall be granted artistic license in photographing and editing the photos. Cabo 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 contrast and color balance editing. Any other edits requested by the Client will be billed at $125 per hour, minimum charge one hour. All edited images are delivered in JPEG format. Cabo 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 session photography, it is impossible to guarantee that expected and specific photographs can be made. But we will sure try!
5.) On time
This is important. Our schedule is often times full and Cabo Photography will arrive on time, every time. The Client agrees to be at the agreed meeting spot at the exact time scheduled for the session. If the Client is late the time will be deducted from your session. For instance, if you have booked an hour and for whatever reason you arrive on the beach 15 minutes late your session will now be for 45 minutes.
Cabo 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 Photography reserves the right to use images for advertising, display, publication or other purposes.
7.) Digital Files and Back Up
The Clients digital images (copyright free) are available for fast/secure download to the Clients computer from Cabo Photography's servers for a limited period of time after the editing has been completed and the online gallery is available. Once the Client has downloaded their image ZIP file from their online gallery, the Client must back-up the digital files on their own computer.
8.) Right of Withdrawal
Cabo Photography’s discovery of new information, changes to agreed upon circumstances, or other factors which circumvent Cabo Photography's policies may result in its withdrawal. Non-cooperation; COVID-19 concerns, changes in locations, facilities access or available times; missed appointments and late payments are examples of contributing factors. Should Cabo Photography be forced to withdraw services as a result of Client changes, all fees will be returned, excluding any retainer as well as fair market value for all services/products already provided and lost opportunity for replacement bookings.
9.) Limit of Liability
Cabo Photography will not be liable for any unforeseen climatic conditions such as but not limited to hurricanes, tropical storms, rain or ground/air conditions which prevent the photographer from photographing the session. If such a situation should occur Cabo Photography will offer the option of dates/times to reschedule. If the Client declines alternative booking times offered by Cabo Photography the fee is forfeit. Cabo Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment. However, in the unlikely event the Clients photographs being lost, stolen or destroyed for reasons within or beyond Cabo 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.
Your safety is important to us. VERY important. The surf and wave conditions on the beaches can be unpredictable at times. It is crucial to be aware of and to pay attention to the conditions and the photographers instructions. The Client is responsible for the safety and well being of all family and friends participating in the photo session. In particular, children tend to wander and may be unaware of the dangers, so keep a keen eye on them. Cabo Family Photography shall be held harmless for any and all injury to client during the course of the photography session. Client(s) will be responsible for themselves and their children and release Photographer from all liability of harm to their person or their business.
This agreement is binding under the terms of the 2000 Electronic Signatures in Global and National Commerce Act. 290322