Terms

This Agreement is between the Client, whose name is listed below, and Amarys Hernandez d/b/a A H Photography (herein “Photographer”).

1.Retainer and Payment. The Client shall make a non-refundable Session Fee to the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. An online ordering appointment will be fulfilled per Session Fee paid, additional ordering appointments will warrant an additional fee of $100 per new ordering appointment requested upon the Client(s). An additional consecutive 60 minutes of photography are available for $150, which is due to the lead photographer prior to the start of the session, through Bank App Zelle, Google Pay, Cash App, or Cash.

2. Digitals and Products. The Client is in full acknowledgement that the Session Fee does not include digitals or products. All photos and products are an additional non-refundable payment purchase.

3. Cancellation. Client understands and agrees that the Photographer will not book other sessions or weddings during this time. In the event that Client cancels the session or fails to attend the Session Date for any reason, the Photographer shall suffer losses that are difficult to ascertain. Session Fee will NOT be refunded due to Client’s error on failure to show.

4. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule their Session Date, the Session Fee shall be applied to a rescheduled session if notice is given at least 14 days prior to scheduled event. A $20 rescheduling fee will apply, payable immediately. The rescheduled date must be within a calendar year at the Photographer’s available open dates. Any Client that is late arriving to the session will have the corresponding amount of time deducted from the session.

5. Preparation. The Client shall be responsible to read and follow the guideline details provided by the Photographer upon booking. Any questions, health issues, allergies and or physical limitations must be notified to the Photographer prior scheduled session date.

6. Subjects. The Client shall maintain control of other subjects, including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects.

7. Circumstances. If the Photographer is unable to perform the session due to baby’s disposition, condition, or circumstances listed within this Agreement, the Client shall be allowed to reschedule at the Photographer’s discretion.

8. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client.

9. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall present the photo gallery in an online ordering appointment to the Client within 3-4 weeks of turnaround time depending on amount of editing involved. Once the online gallery is delivered to the Client, it shall remain open until the stated expiration date. If the Client requests to extend the time or reopen the online gallery, a $30 archival fee shall apply.

10. Limitation of Complaint. The Client will have 30 days after the online gallery is delivered to make the Photographer aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents. After this 30-day term has expired, the Photographer will no longer be liable to the Client for any corrections, damages, refunds, re-edits or re-shoots. The Client will have a limit of 2 requests for re-edits within the 30-day period. Re-edits after this term may be made if deemed appropriate by the Photographer but the hourly fee of $50 for retouching will be billed with a minimum of one hour required.

11. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.

12. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this Agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

13. Social Media. The Client may share blog post links, Instagram posts, and Facebook albums though use of the share functions and dissemination of direct links, or in any other fashion the Photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (ex. Saving or screenshotting on Facebook/Instagram). The Client must credit/tag Photographer in any posts or shares of their own.

Instagram: @amarys.hernandez

Facebook: Amarys Hernandez Photography

14. Failure to Perform. If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the Session Fee to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, a replacement appointment session will take place.

15. Damages. The Photographer reserves the right to bill the Client of any damages occurred during the session. Goods that are irreparable or irreplaceable shall be charged at the price paid for including photography equipment, props, wardrobe, fabrics, fixtures, furniture and or other miscellaneous objects. The Photographer is not responsible for the damage of portraits after delivery to Client, including damage caused during transit by US mail. The Client assumes all responsibility for the safety of all portraits upon receipt. All portraits sent via USPS can be insured and require delivery confirmation upon the Client’s request and at Client’s expense.

16. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

17.Travel and Overage Fees. The Client shall pay $5 per mile after 15 miles outside the Zip Code of 33125.

18. No Strict Construction. The language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction shall be applied against any party.

19. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction, and this Agreement shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein.

20. Dispute Resolution. If the Client has a complaint, dispute, or controversy the Client agrees to first contact the Photographer at contact@amaryshernandez.com to attempt to resolve the dispute or controversy informally. Any dispute or controversy that cannot be resolved through such informal process or through negotiation within 30 days shall be resolved in accordance with the laws of the State of Florida. All issues and questions concerning the construction, validity, enforcement, and interpretation of this Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. The parties agree to submit to the exclusive jurisdiction and venue of any state of federal court sitting in Miami, Florida. Each party to this Agreement hereby waives all rights to trial by jury in any action, suit or proceeding brought to resolve any dispute between or among any of the parties hereto, whether arising in Agreement, tort or otherwise, arising out of, connected with or related or incidental to this Agreement or the transactions contemplated hereby.

21. Indemnification. The Photographer shall be held harmless for any and all injury to the Client(s) during the course of the photography session and the immediately surrounding events. The Photographer is not held financially responsible for any damages, stolen properties or additional costs incurred from the premise 640 NW 36th CT Miami Florida Suite D 33125 and or the agreed upon Session Location.

22. Complete Agreement. This Agreement, and the documents expressly referred to herein, embodies the complete agreement and understanding of both parties and supersedes and preempts any prior understandings, agreements or representations by and between the parties, written or oral, which may have related to the subject matter hereof or thereof in any way. Any modifications of this Agreement must be in writing and signed by both parties.

23. Waivers. The waiver of any breach of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement.

24. Attorney’s Fees. If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees, costs and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

25. Credit Card Charges. The Client agrees not to chargeback, reverse, dispute, or contest any charge or withdrawal from any credit account, credit card, credit fund, or line of credit when making payments to Photographer. The Client further understands, acknowledges, and agrees that any chargeback initiated by the Client for any charge or withdrawal on any charge Photographer initiated on your credit, that it will be a material breach of this Agreement and that you will be responsible for any losses, harm, or damages incurred by Photographer, as a result of any chargeback initiated by the Client. Further, the Client understands, acknowledges, and agrees that in the event you initiate a chargeback, Photographer will have the immediate right to terminate this Agreement and seek legal action against the Client, including, reasonable attorneys' fees and costs incurred in such action, for which the Client agrees to be responsible. Photographer will also have the immediate right to take down the Client's online digital gallery and retrieve goods purchased by the Client.

26. Counterparts. This Agreement may be executed, physically or digitally, in separate counterparts, each of which is deemed to be an original, and all of which taken together constitute one and the same Agreement. Delivery of an executed counterpart of this Agreement be electronic transmission of digital file shall be as effective as delivery of an original counterpart.