Deposit and Reservation Payment: The client will make a reservation charge according to the contract to retain yapa.es to perform the services specified in the contract.
Cancellation: If the client cancels this agreement more than six (6) calendar days before the photography session date, any reservation charge paid to yapa.es will be fully refunded if the photographer can rebook the same date. If the Photographer CANNOT secure another client for that date, or if the cancellation occurs less than six (6) calendar days before the portrait date, the Client forfeits the right to the reservation.
Photographic Materials and Copyright: All photographic materials, such as original negatives, digital photos or slides, shall be the exclusive property of the photographer. The photographer shall own the copyright of all images created and may use the work for samples, contests, exhibitions, advertising and self-promotion. Use beyond the limits of this agreement will require client consent.
Client Use: The client is obtaining photographic copies for their website content and personal use only, and will not sell such copies or authorize any reproduction of them by parties other than the photographer. If the Client is obtaining a print for reproduction, the photographer authorizes the Client to reproduce the print only as set forth in the Special Use Requirements. In such case, the client shall request that a copyright notice and credit for the photographer be placed next to the photograph at the time of publication, but shall have no responsibility if the publication refuses or omits to do so.
Social Media: This clause applies to all social media, including Facebook and blogs. When publishing online, the photographer must be credited. The client agrees that under no circumstances will alter the photographs that are made public on the Internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of forced cropping for the Facebook Timeline), color-altered or edited in any way. Non-Performance: If the photographer cannot fulfill this Agreement due to fire or other casualty, strike or other cause beyond the control of the parties, or due to the photographer's illness, then the photographer will refund any funds previously paid to the Client but will have no other liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged during processing, lost due to camera malfunction, lost in the mail, or lost or damaged in any other way without fault on the part of the photographer. In the event that the photographer fails to perform for any other reason, they shall not be liable for any amount exceeding the retail value of the client's order. High Resolution: Images delivered in High Resolution (or known as High Resolution) are 6000PI with 4000 Pixels on the longest edge. Yapa.es retains client files for up to 2 years after the photography session and is not responsible for any claims after this period. All client files will be deleted and backups purged after this period.
Liability: It is the client's responsibility to care for children; Yapa.es will not accept any responsibility for any accident to children or damage to public or private property during the photo session or consultation. It is understood that no other photographer, amateur or professional, will be permitted to photograph at the event venue (wedding, portrait, family photography, etc.) while Yapa.es is working, and that any breach of this agreement will constitute a reason for non-completion of the work without liability for the photographer and loss of the initial deposit by the client. The client accepts that all photographs will be taken and edited at the photographer's discretion based on their experience and artistic vision. If the client has special requests they will create a "shot list" of all the shots they require. All images delivered according to the contract will have standard image editing (including: clear skin retouching, light and color adjustments). Any extra editing requested by the client will cost €10 per image if accepted by the photographer. Additional image adjustments include (changing body size or body parts, replacing body parts from another image, changing the color of body parts, extra skin retouching, replacing or changing the background). It is also understood that, unless hair and makeup are included in the contract, the photographer is not responsible for fixing hair or skin, or makeup issues. It is understood that the photographer is not responsible for retouching photos to cover body parts that you do not wish to be seen in the photo, unless confirmed in writing with the photographer. The photographer(s) will have a 20-minute break at their discretion, and bathroom breaks when necessary. Each photographer will be provided with a full meal for any photo session lasting more than 5 hours. If no meal is provided, the photographer or photographers reserve the right to leave the site to eat for 45 minutes. It is understood that it is the client's responsibility to inform the photographer by email of any change of date or location (including but not limited to video or photo filming dates, delivery for newborn photography or hospital photography). Yapa.es is not responsible for any claims of messages sent via mobile text messages or social media websites.
All communications with the photographer or studio will be in English or Spanish and sent to the photographer by regular mail or email to mario@mariof.es.