Terms of Service
Please see below for full terms and conditions relating to your photography services.
In the following terms and conditions “the Photographer” shall mean Iván Díaz trading as ‘Iván Díaz Photography, LLC’. “The Client” shall be those persons responsible for booking the photography services. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of these terms shall be effective unless agreed by both parties in writing. The Client is hereby granted permission by Iván Díaz at Iván Díaz Photography, LLC. to reproduce the images and make an unlimited number of prints, for personal use only. This permission applies worldwide. Client agrees that he/she may not use any Iván Díaz Photography images for commercial or editorial purposes, or enter any Iván Díaz Photography images into competition without the express written permission of Iván Díaz Photography.
Iván Díaz Photography retains the copyright to all images, per USC Title 17 (US Copyright Law).
Booking, Payment, & Cancellation
A non-refundable deposit fee is due at the time of signing of agreement. Photography sessions, or any fixed cost discount packages that include additional products are payable at the time of booking. A booking is considered firm as from the date of payment. Gift Vouchers are valid for 12 months from the date of purchase and are non-refundable.
Copyright
The copyright of photographs remains with the Photographer. The Photographer grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication, Entry to awards or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. The Client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.
Images
The Photographer will be responsible for creative choices in terms of the images captured during the shoot, but will take into account the Client’s reasonable instructions in respect of the shoot brief. Following completion of the shoot the Photographer will deliver images sized for social media to the Client via a secure online gallery as soon as reasonably practicable, but cannot guarantee urgent turnaround. Unless expressly agreed in writing the Client shall not be entitled to reject images on the basis of style or composition.
Capture and Delivery
Iván Díaz Photography, LLC is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of Iván Díaz Photography, LLC.
Limit of Liability
In the unlikely event that the assigned photographer from Iván Díaz Photography, LLC is unable to perform to the guidelines of this contract due to an injury, illness, act of God, or other cause beyond the control of Iván Díaz Photography, LLC. Iván Díaz Photography, LLC will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the session.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Iván Díaz Photography, LLC control, including but not limited to camera, hard drive, or equipment malfunction, Iván Díaz Photography, LLC liability is limited to the return of all payments received for the session. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Iván Díaz Photography, LLC is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package for one year.