Terms of service.

Please read my standard terms and conditions for all commercial work.

1/   COPYRIGHT.  The entire copyright of the photographs is retained by the Photographer, Michelle Muñoz, at all times throughout the U.S, and the rest of the world.

2/   DEFINITIONS.  All references in this agreement to the term ‘Client’ shall refer to the person(s) or company directly employing the photographer, or, where the client is not a direct client, e.g. a third party or agency, that third party or agency shall be interpreted as the ‘Client’. All references in this agreement to the term 'Photographer' shall refer to Michelle Muñoz, of Tucson AZ Photo.

3/   LICENSE TO USE AND EXCLUSIONS.  For products photographed on white background, we grant world-wide, unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order. The license to use images only applies to the ‘Client’, as agreed at the time of commission. The Photographer MUST give permission or agreement before any benefit of the license or any use of images can be assigned to ANY third party. The license to use the images comes into effect from the date of payment of the relevant invoice. The Photographer MUST give permission if use of the images is required before full payment of the relevant invoice(s).

4/   STORAGE OF IMAGES.  The Photographer has no obligation to retain or archive any of the images after they have been delivered by appropriate means and the invoice settled.

5/   PAYMENT.  The Client shall pay the invoice in full within 30 days of receiving invoice.

6/   RELEASES AND CLEARANCE.  The Client shall be responsible for obtaining ANY and ALL required clearances, and will indemnify the Photographer against all expenses, damages, claims and legal actions and/or legal costs arising out of any failure to obtain such clearances. Furthermore, the Client is responsible for obtaining all necessary permissions and releases for usages that require any property or model releases, unless agreed and delivered by the Photographer.

7/   CREATIVE DIRECTION.  Simply, if you don’t tell us how to photograph it, then we won’t know how to photograph it.  If we shoot it the way you tell us and you want something different than that, then you’ll have to pay for the new photography session because we’ve already spent time shooting it the original way you told us. Direction of how the images are to be photographed must be specified before the photography session takes place. Guide images, drawings, illustrations, tear sheets, cell phone images, reference URL’s are useful to help guide the photographer.

8/   CANCELLATION/POSTPONEMENT.  An assignment booking is considered agreed and firm from the date of the confirmation, therefore the Photographer will, at his discretion, charge a fee for cancellation or postponement.

Cancellation.  The Client will pay for ALL expenses incurred up to the time of the cancellation of the shooting session, in addition the Client will  be charged at 50% of the agreed session price, unless the commission is cancelled less than two working days prior to the session, when the Client will be charged 100% of the fee.

Postponement.  No postponement charge is applied if the shooting session is postponed more than two working days prior to the shoot date.

9/ CANCELLATION/POSTPONEMENT BY PHOTOGRAPHER.

In the event of cancellation or postponement by the Photographer, the Photographer shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:

(a) loss of profits;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of or damage to goodwill;

(f) loss of use or corruption of software, data or information;

(g) any indirect or consequential loss.

10/   RETOUCHING.   The normal agreed image rate includes basic and reasonable post processing of digital files prior to sending to the Client. If the Client requests additional post processing work the Client will be charged additional fees. 

11/   EXTENSIONS TO ESTIMATES.   Where extra time or expenses are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request or on their behalf by an authorized third party, the Client shall give approval and be liable to pay such extra expenses or fees at the Photographers normal agreed daily rate to the Photographer in addition to the expenses and fees as having been agreed or quoted.

12/   AUTHORSHIP CREDIT.   All published usages, either in print or on the internet, of images taken by the Photographer shall be accompanied by a written credit to the Photographer within reasonable proximity.

13/   REFUND POLICY.   The Client will be given the chance to approve or disapprove a “Pre-Approval image” within the framework of the “guide images provided by the client” at the conclusion of the photo shoot via email or phone call when the images are posted to an online gallery or sent to the client electronically, not before. The product in the disapproved image may be re-photographed or re-retouched up to 1 times or the client may choose to receive a 100% refund. Disapproval must be expressed in detail in a phone call or email and very specific changes must be made clear. If the disapproved image has been re-photographed or re-retouched 1 times, the photographer may choose to refuse additional changes and issue a full refund, force closing the job. Using the images after a refund or force closing of a job is a violation of copyright law and such violations will be pursued. Usage of the image constitutes approval of the images. The Client may not request a refund, changes or reshoots after the client has approved the final images. Disapproved images will be redone in 5-7 business days or less from the time detailed directions are received.

14/   TURNAROUND TIME & DELAYS.   Turn around times begin upon receiving of the products at the Tucson AZ Photo Studio. Tucson AZ Photo will make every reasonable attempt to deliver the pictures within a reasonable amount of time, however, Tucson AZ Photo will not be held responsible for delays due to act of God or terrorism. 5 day turn around time refers to 5 business days. 3 day rush turn around time refers to 3 business days. Standard and Rush turn around times are only applicable on order under 100 items. On orders where there are 100 or more items to photograph the turn around time will vary and is based on the total number of items to photograph and the difficulty. In this case, specific turn around times are available upon request but are otherwise open and without a specified time frame.

15/   SHIPPING OR DROPPING OFF PRODUCTS FOR PHOTOGRAPHY. The shipping of products to and from Tucson AZ Photo is the sole financial and physical responsibility of the Client. Tucson AZ Photo will not be held responsible for damaged goods in the shipping process. The Client assumes full risk of loss or damage to or arising from materials furnished by the client hereunder and warrants that said materials are adequately insured against loss, damage or liability. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the photographer in connection with any claim arising out of the use of said materials hereunder.