Terms and Conditions

 This page contains Munchier Photography (Studio) services Terms and Conditions. This agreement contains the entire understanding between Munchier Photography and the client. It replaces all prior and close agreements between the parties. If either party wish to add or change this agreement is to do so in writing and signed by all parties involved. In the following terms & conditions “the photographer” shall mean Ramon Rodriguez trading as Munchier Photography. “The clients” shall be those persons defines as in the form above. All packages costs are as stated at the time of booking and will remain once booking is confirmed. A non- refundable retainer fee is due at the time of booking unless otherwise stated. Upon your purchase, Munchier Photography will reserve the time and date agreed upon and will not make other reservations for that time and date. For this reason, the payment is non-refundable.

When you purchase a session, you are agreeing to the following terms; 

 All parties agree to be cheerful, cooperate, and communicate for the best possible result within the definition of this assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the assignment, with no refunds given. Additionally, the Client is responsible for their own conduct and the conduct of all participants in the session. 

Session Fees 

Client agrees to pay photographer 50% (fifty percent) retainer fee at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The balance is due 2 (two) weeks before time of the session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored through PASS. Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase. Additional goods ordered must be paid for in full at the time of ordering. Titles to all goods remains with the photographer until paid for in full by the client(s) 

Location Costs & Fees 

 If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 45 minutes of Orlando, FL, 32812. Any location outside of these limits will be subject to an additional charge of $.52/mile as part of the agreement or by photographer discretion. 

Rescheduling 

  If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours’ notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.

Re-shoots / Refunds

  Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the photographer.

Archive

 After twelve (12) months, all images will be purged from photographer’s hard drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.

Payment

 All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.

Damage

 Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.

Model Release

 I hereby given to Munchier Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:

a)To copyright the same in the photographer’s name or any other name that he/she may select;

b)To use, re-use, publish and re-publish the same in whole or in part, separately or in-conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and; I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

Poses and Nudity Limit of Liability 

 The model understands that the photographer will photograph/Video the model clothed, partially clothed, nude and/or partially nude. The model will be positioned in many poses or a comfort level they may not be comfortable with in order to capture the best image the photographer believes possible. The model agrees and understands that it’s the model's responsibility to identify to the photographer face to face the model’s personal likes, dislikes of body characteristics, comfortable nudity or partial nudity level, poses and their comfort level verbally before, as well as during the photography / video shoot starts.  The model understands that at any time the model can stop the shoot or change their comfort level. The model understands that it is the model’s responsibility to inform the photographer verbally when they do. In order for the photographer to retain control over the creative aspect of the session the model understands and agrees to allow the photographer the right to adjust compositions, clothing during the shoot or the lack thereof.  The model hereby releases Munchier Photography and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from accidental touching model during a shoot. The model understands that poses can be physically strenuous on the body and injury from being in a pose or transitioning to or from a pose could cause bodily injury. The model agrees not to hold Munchier Photography liable in any way or seek compensation for any injuries that may occur during a shoot, this includes but not limited to poses, instructions from the photographer, positioning or adjustment of clothing or props by the photographer physically or verbal, use of furniture or facilities. Cooperation The model understands that in order to achieve the best images possible, both model and Munchier Photography must communicate responsibly. Munchier Photography is not liable for any unusable images, due to the lack of cooperation from the model or any unforeseen conflicts.

Liability

 Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Copyright & Penalty Munchier Photography retains all copyrights to all images created during client’s session. A print release will be included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Munchier Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, Instagram, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.

Note from photographer

 I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/Facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.

Session Requests

  *Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins. *Please do not bring any children not being photographed to the session. *Please make sure hair is combed and face is clean and free of runny noses or eyes. *Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.

Newborn Photography 

 These terms will apply to all services provided by Munchier Photography to you, the customer. We will not accept any variation to these terms and conditions unless specifically agreed upon in writing by Munchier Photography. By making a booking you have agreed to these terms and conditions in full.

Booking Fee

The standard 50% booking fee secures the date, time and services of Munchier Photography and is non refundable in the event of client cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee will be subtracted from the final payment amount, which must be received at the end of the photo session.

Scheduling/Postponement/Cancellation

For best results, newborn sessions should be scheduled within 2-3 days of birth. It is the responsibility of the client to contact the photographer as soon as possible after the birth to schedule the session. Should the client opt to reschedule a photo session due to weather, illness, or other personal conflict; dates and times are subject to the photographer’s availability. A session must be rescheduled within three months of the original session date, with the exception of newborn sessions those must be rescheduled within one week of the original session date, or will be considered a cancellation and deposit will be applied.

Display and Model Release

Munchier Photography may use any images included in this contract in their web site, portfolio, social media, blogs, literature, display areas, exhibitions, competitions, advertising or commercially. Discretion will be used in selecting images displayed publicly. Client will not be compensated for any usage described above. Munchier Photography will not sell these images to any third party without additional consent from you but Munchier Photography does work with vendors and does allow vendors to use images with their products in them on their website and social media.

Images

Due to the weather, willingness of subjects or mood of the subject it may not be possible to capture all of the images requested. If subjects are unwilling or uncooperative the photographer will not be held responsible. Munchier Photography will do the best to capture your child's personality whether it be posed or un-posed moments. However, it is the ultimately the parent’s responsibility to keep your children under control during the session. If your child chooses to constantly act up or be disrespectful, is uncooperative, will not stay in the photo area, or is crying the entire time, we may have no other choice but to stop the session. Munchier Photography, will however put forth every reasonable effort to finish a session. If the session is stopped due to this reason, there will be no refunds. If the gallery cannot be built out of any of the shots taken during the session, Munchier Photography reserves the sole right to decide if the session will be rescheduled. The reason for no refund is because this spot was reserved for you and you alone. Therefore, Munchier Photography is unable to book any other appointments during the time you reserved. In the case that you will need to re-book due to an uncooperative child, and the session was not decided for rescheduling by Munchier Photography, there will also be the standard 50% rescheduling fee due to the fact that everything needs to be set back up for your session and reserve another appointment date for you.

Your Online gallery link will be e-mailed to you within 5-10 business days of your session. Images can be accessed by a private link provided by Munchier Photography. After the thorough edits are uploaded to your gallery, the gallery will be viewable and downloadable for 30 days. After this we don’t guarantee that we will still have backups of your images. If you need them re uploaded and we have them, there is a $50 unarchived/reupload fee that we charge.

Munchier Photography may choose to create and share session sneak previews. Session sneak previews are shared at Munchier Photography social medias. Clients are welcome to tag and share their teasers as well as use them for profile and cover photos. The client must not alter these images in any way. Images from your session might also be added to the galleries at www.munchierphotography.com. Please contact the photographer if you prefer that an image be removed from either of these websites.

Image manipulation

The Client may not crop, alter, or manipulate an image by means of computer or any other technique without the written permission of Munchier Photography.

Attendance

In the event of the photographer being unable to attend your photo session due to unforeseen circumstances, Munchier Photography reserves the right, where possible, to reschedule the photo session.

Risk of Injury

Munchier Photography places a high priority on the safety and health of all clients. Decisions will be made with the safety of your family in mind and locations will be chosen taking the ages of the client’s children under consideration. Ultimately clients are to be held fully responsible for the safety of their children regardless of location. The Munchier Photography studio contains equipment that can be tripped over and wires on the floors that are connected to the photography equipment. There is a risk of tripping and being injured by falling equipment, especially with small children. The client takes responsibility for the safety of him/herself and of all individuals present for the photo session and agrees to not hold Munchier Photography responsible for any injuries that may occur regardless of location.

Limitation of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

Failure

Whilst every care is taken at every stage of the photographic process, in the event of a camera failure, operator error, material failure, or computer failure, Munchier Photography can accept no responsibility for any losses however incurred as a result of any such failure beyond a full refund of the original purchase price.

Payments

All checks should be made payable to Ramon A. Rodriguez. Payments can also be made by cash (in person), through PayPal, Zelle and Cashapp or you can request an invoice emailed to you. A booking fee will be due at the time the photo session is booked and that amount will be subtracted from the final payment, which is due at the end of the photo session.

Munchier Photography is under no obligation to provide sneak previews or dedicate time to editing a client’s photos until full payment has been received.