Photo Session Terms

In accordance with standard professional photography practices, Fotility and Jerry Roxas Photography and its Clients hereby adhere to the following terms for all photo session engagements.

Coverage will begin at the the mutually agreed upon start date and time, and continue for the number of hours purchased, contiguously.
Fotility and/or Jerry Roxas Photography (individually and collectively hereinafter referred to as the “Photographer”), must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email.
A minimum, non-refundable deposit and retainer fee of $150 is required for all sessions, and the retainer amount may increase depending on the photo session type. This is a non-refundable deposit and retainer. In the event of cancellation, the deposit and retainer paid by Client to Photographer is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No session date is reserved until a deposit and retainer from the Client is received. The deposit and retainer shall be applied towards the total cost of the service(s) to be rendered by Photographer. The balance of the complete session price must be paid to Photographer prior to or on the day of the session itself. If final payment is not received from Client, the Photographer will not be expected to attend the session.
There shall be no refund of deposit and retainer after the booking of the session and the reservation of the session date. If the Client cancels the session within fourteen (14) days of the session date, the Client shall pay 25% of the remaining session balance due to the high probability that the Photographer will not be able to further book that date.
The parties agree to cheerful cooperation and communication for the best possible result during the session. Due to the limited and subjective nature of each session, the Photographer cannot be held responsible for Client requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles, or obstruction of decorations at the event. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
A meal is required for sessions lasting up to 8 hours for the Photographer. If no meal is provided, it is understood that the Photographer may need to leave the session to purchase a meal.
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
If the Photographer or its assigns cannot perform their assignment due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, and Photographer shall have no further liability with respect to the session. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.
Returned payments by Client are subject to a $50.00 returned payment fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.