Terms Of Service
Specifics each client needs to know
CONTRACT FOR PHOTOGRAPHY SERVICES
You are receiving a price quote with View Stream Photography for photography or cinematography services. The following are the terms and conditions of this contract:
TERMS & CONDITIONS | AGE OF CONSENT:
Only people age 18 or older are eligible for photography services. All parties under that age of 17 require model release signed by parent or legal guardian before shoot will begin.
SESSION FEE | PACKAGE INCLUSIONS:
You are paying for your photo session, the Photographer's time, editing of the images, and meeting with the client for image review, ordering and delivering prints when applicable. No appointment is scheduled until payment has been received. The photography session comes with the number of specified digital images.
A session retainer of 40% is due before your session date and time will begin. This deposit is waived for Giveaway winners who complete the won services at the scheduled time. The deposit amount is subject to change without notice, but will not change after you have paid the deposit. Credit/Debit cards, PayPal, checks, and cash are all accepted forms of payment at this time. There is a 20% fee for any bounced checks. Make checks payable to “Chris Andrade”. Remaining balance is expected in full at time of shoot unless payment plan has been agreed upon and invoiced through www.viewstreamphotography.com.
View Stream Photography will produce the minimum number of proofs promised in the session you have paid for. The photographer has sole discretion in selecting the images to show you from your session and is under no obligation to show more.
Un-touched/Un-Edited proofs are never presented or sold to clients.
Photographer will handpick the session’s best images. Each of these images will be retouched and enhanced based on Photographer’s artistic vision. Photographer reserves the right to edit and release only those deemed creditable as professional in quality and within Photographer’s artistic standards. Client’s final Gallery images will be archived with Photographer for 1 year from the session date and retained as long as needed for marketing purposes.
Due to the custom nature of photography, all ordered print sales are final. However, should something not meet the client’s expectations, it is the Client’s responsibility to contact View Stream Photography and the photographer will work to resolve the issue to the Client’s satisfaction. Orders are usually delivered within 2-3 weeks of placing the order however specialty or large orders can take up to 6 weeks.
PRICES SUBJECT TO CHANGE:
Prices and products in the product list are subject to change without notice.
All products and services are subject to Colorado’s 8.25% sales and use tax.
Please arrive on time to your appointment. Sometimes shoots are scheduled back-to- back, and to avoid a rushed shoot, or having to reschedule altogether, it is imperative that you arrive on time, or even a few minutes early. If you are more than 10 minutes late to your appointment, you may be asked to reschedule.
CANCELATION, NO SHOW AND RESCHEDULING:
Cancellation must be made and sent in writing, via e-mail to email@example.com. However, if the client requires changing the event date, we will do our best to accommodate the change and no fee will be charged, as long as the new date is available. If we do not have availability for the new date, the original contract will be cancelled and subject to the cancellation policy. Service deposits, required at the time of booking, are non refundable upon cancellation of appointment. The Client forfeits the 40% deposit on any cancellation, however, this may be applied as a credit to any reschedule done prior to 48 hours of the session start time. If you need to reschedule, you must do so at least 2 days before your original scheduled session start time. In the event of cancelation: client forfeits their 40% session retainer paid to book the session. The fee can be credited towards a future session only IF the client reschedules the appointment by calling 48 hours prior to the date of session and re-booking at an agreeable date and time. If View Stream Photography cannot perform this service due to hazard, fire, natural disaster, pandemic, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return the retainer fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or other media/software malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.
If View Stream Photography cancels your session and cannot reschedule within 90 days, your deposit will be returned in full. If a “force majeure” causes the cancellation of your session (including but not limited to road closures due to weather conditions, war, and natural disasters), View Stream Photography may reschedule your session at a future date within 365 days or distribute a refund of the session fee at View Stream Photography’s discretion. No contact no shows incur an automatic $200 penalty fee or forfeiture of the 40% session retainer; whichever is greater.
Giveaway's are not free services. The original price of all services in the giveaway value apply. These prices are waived for the purpose of the giveaway. Should the giveaway winner need to reschedule or cancel, then "CANCELATION, NO SHOW AND RESCHEDULING" terms and conditions apply. The giveaway winner agrees to leave their payment information for the purpose of no show and cancellation prevention. This payment information will be used in the event the giveaway winner violates the "CANCELATION, NO SHOW AND RESCHEDULING" terms listed above. Completion of the scheduled giveaway session will result in return of the retainer fee to the entrant.
All products and images produced under these Terms of Service and are protected by US Copyright Law. With the signed Release form, Chris A.D. Andrade and View Stream Photography are the owners and copyright holders of every image taken during your session. You may not scan, copy, photograph, alter, crop, or otherwise change any photo you receive without express written permission from Chris A.D. Andrade or View Stream Photography. You may only post the exact web-ready file you receive from View Stream Photography on any website or social media site, including Facebook, Twitter, personal blogs, or any other sites or locations not listed. You may not crop out or remove the logo from any file you receive from View Stream Photography.
PHOTO USE IN MARKETING AND ADVERTISING:
All clients are required to sign a model release that grants View Stream Photography permission to use any photographs taken of you during your session in marketing and advertising. The model release is revocable or changeable within 10 days of signing.
View Stream Photography will not sell, rent, or otherwise distribute your personal information to any third party without your express written permission.
LIMIT OF LIABILITY:
View Stream Photography will make every effort to provide high-quality photography services. We give the utmost respect to exposure, transportation, and processing of photographs, using professional equipment and backup equipment.
In the unlikely event that your photographs are lost, stolen, or destroyed beyond our control, View Stream Photography and all employees’ liability is limited to the return of all payments you’ve made. The limit of liability for partial loss of digital media/originals shall be a prorated amount of the exposures lost based on the total number of originals.
View Stream Photography respects your privacy. We do not collect your information and sell it to third parties. We maintain your information for the sole purpose of marketing. Cancellation is possible at any time. You may request to be removed from the mailing list at any time.
LIMIT OF FILE STORAGE:
View Stream Photography may destroy, delete, or otherwise erase all photos from your session at any time after you place your order. View Stream Photography may retain your images for as long as necessary for marketing and advertising purposes.
View Stream Photography will deliver photos that are edited to the best of our ability. We have no further obligation towards image manipulation once the final product has been delivered.
WARDROBE AND STYLING:
The client is responsible for choices in wardrobe, makeup, and hairstyle. No reshoots are available due to client’s disliking the wardrobe or styling in photos. Please take the weather into consideration for your session attire.
ADDITIONAL INFORMATION: Relatives and friends may not take pictures while the Photographer is working. Please bring only people whom are going to be photographed. One additional person may be present at the Client’s request to ensure safety and comfort during the shoot. View Stream Photography and all working under this name will maintain the highest level of professionalism during the shoot. Do not bring your own camera to a photo session.
Photographer’s travel to and from shoot location is FREE if travel is within 25 miles round trip of zip code 80911. Additional travel fees are required for shoot locations beyond 25 miles round-trip (0.50¢ per mile).
FORCE MAJEURE/ACTS OF GOD:
View Stream Photography is not liable for failure to perform your session if such failure is the results of Acts of God (including but not limited to fire, flood, earthquake, storm, or other natural disaster), war, or interruption or failure of electricity or telephone. The Client is not entitled to terminate this agreement in such circumstances.
If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events that the party substantially fulfilled all non-excused obligations, and that the other party was notified of the likelihood or actual occurrence of an event described above in a time