Terms and Conditions
1. No part of any order, including digital images, will be delivered until the order balance has been paid in full.
2. Michelle Hidalgo of Fotomatique reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Michelle Hidalgo of Fotomatique in the event of litigation arising out of such use.
3. Negatives, digital files and previews remain the exclusive property of Michelle Hidalgo of Fotomatique.
3. Upon signature, the Photographer shall reserve the time and date agreed upon.
4. All session fees and order deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
5. If Michelle Hidalgo of Fotomatique cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer ’s illness or emergency, then the Photographer shall return any deposit or sitting 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 media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event thatMichelle Hidalgo of Fotomatique fails to perform for any other reason, Michelle Hidalgo of Fotomatique shall not be liable for any amount in excess of the retail value of the Client’s order.
6. Client is aware that color dyes in photographic prints may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responisible for protecting and caring for his/her printed and/or digital products.Michelle Hidalgo of Fotomatique is not responsible for any damaged products after successful delivery of said products.
7. The charges in this Contract are based on Fotomatique'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.
8. NOTICE OF COPYRIGHT: Fotomatique Photography (Michelle Hidalgo) retains the copyright and ownership of all images, and has the right to make reproductions for commercial use and promotional purposes. The photographer is released from all claims and liability relating to these images..
9. REGARDING DIGITAL IMAGES: Client may purchase digital images. Digital images purchased will be delivered either via web-based digital download, email or custom USB drive. If the Client looses or damages his or her digital images, Michelle Hidalgo of Fotomatique will not by liable for such loss or damage and will not replace lost or damaged files. It it highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client still remain the property of Michelle Hidalgo of Fotomatique and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be shared with other persons and may not be resold.
10. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by Michelle Hidalgo of Fotomatique have been done so with the use of color callibrated monitors. Monitors used by the Photographer have been callibrated to meet printing standards, thus color changes may occur when images are viewed on non-callibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-callibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. Michelle Hidalgo of Fotomatique is not liable for the quality of images printed by any imaging lab, both professional and non. Please ask Michelle Hidalgo of Fotomatique for recomendations on professional imaging labs.
11. Orders may take approximately 4 weeks for completion (due to supplier demand.) once payment has been received.
12. By ticking this box, you are indicating that you have read through and are consenting to your portrait order.
I understand and have read these policies