Policy & Agreement

Failure to Perform

The parties agree to cheerful cooperation and communication for the best possible result within the definition of the assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused but not limited to, anyone in or at the event and location restrictions. The Photographer is not responsible for lost photo opportunities due to other camera or flashes, lateness or clients or other principles. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portraits 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 photographer sessions or missed images due to details not revealed to the Photographer. If the photographer cannot perform this agreement due to fire or other casualty, strike, act of Mother Nature, or other cause beyond the control of the parties, then the Photographer and Client shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunctions, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of this agreement.

Deposits & Payments

The Client shall make a non-refundable deposit fee payment for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this deposit fee is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. The rest of the payment must be paid on the day of the session or before. The sitting fee is non-transferable and cannot reserve another date outside of this contract. No products shall be delivered until the entire amount is paid in full. The Client shall provide or reimburse the Photographer for any additional costs the Photographer may incur for travel, meals, parking, and other reasonable costs necessary for the performance of these services and will be added to the balance after the event. Travel fees are pre-determined and will be set out in the initial payment total when applicable.Clients are responsible for all location fees and National Park Services permits.  

Cancellation & Rescheduling

If the session is cancelled or postponed by the Client prior to the date, the nonrefundable deposit fee and all money exchanged thus far will not be returned and therefore forfeited by the Client, it being the agreed loss suffered by the Photographer due to cancellation. In the instance of rescheduling or postponing the session, the Client is to submit a written email to photographer and must sign a new contract if one was signed prior and pay an additional deposit fee to ensure a new date if the photographer has open availability for the new date specified by Client. Deposit Fees are non-transferable.

Late Arrivals

Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.

Social Media

Sunchez Photography has the right to post images of clients sessions on social media platforms and websites. Any specific photos that clients don’t want to have posted by Sunchez Photography, should inform us as soon as possible. We respect and value your moments as well.

Garments

The Photographer cannot be held responsible for damage to Garments due to environmental events and so forth. Client is responsible to arrange personal assistance for garment cleaning and damages. This includes tears, environmental stains due to dirt, mud, or grass, etc.

Turnover Time

Small sessions that are anywhere less than 3 hours can take up to 2 weeks for photos to be submitted to client. small sessions include: maternity, graduation, engagement, ect. Big events that are up to 4+ hours of photographing can take up to 6 weeks for photos to be submitted to client. big events include: church worship sessions, weddings, baby showers, ect. not all events take up to 6 weeks, as for some seasons are busier then others and can take less weeks to turn in a gallery. We kindly ask clients to refrain from asking when their photos will be done. Sunchez Photography will give Clients an estimated time frame in which photo galleries will be turned in. photo galleries to be submitted are subject to change.

Communication

Communicating for a Photo session is essential. It is the clients responsibility to Inform Sunchez Photography of any add ons or notes to be included for the session. Any changes that would like to be made have to be addressed 3-4 days prior to photo session without additional cost. If a change of location would like to be made after 3-4 days before the session, a fee would be added on.

We kindly ask you get in touch with us one weeks prior to the date of your Session to touch base and confirm the session. We will make every effort to contact you, but it is the client's responsibility to contact Sunchez Photography to confirm Session details and times.

Online Gallery

Photographs MUST be directly downloaded onto device. SCREEN SHOTS ARE STRICTLY PROHIBITED. All photographs must be uploaded to social media with care to insure high resolution viewing to avoid pixilation, blurring, and compression caused by media uploading.
The online gallery will include High Resolution images in JPEG format in sRGB Color Space at 4000 pixels with a resolution of 150-300 pixels per inch as well as Web Sized for social media use to ensure minimal compression of images when uploaded online.

Independent Contractors

In the event a third-party Independent Contractor is hired for services and/or products for the photographic event (i.e. “Second Shooter” or Videographer), the Photographer is not liable for any actions by the Independent Contractor.

Harassment

Ensuring the appropriate behavior of all guests and other persons at the events covered by the Photographer shall be the responsibility of the Client. In the event the photographer or his/her/their employees experience any inappropriate, threatening, hostile, or offensive behavior from a guest or other person at the session (including, but not limited to, unwelcome sexual advances, verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to the Client, Venue Representative, and/or family member of the Client; second offense: the offending person will be required to leave the session/event; third offense: Photographer will end coverage immediately and leave the session/event, Photographer shall be entitled to retain all monies paid here under and the Client agrees to relieve and will not hold the Photographer liable for damages as a result of incomplete wedding or event coverage.

Photographer

The Photographer may substitute another photographer to take photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photos shall be a competent professional.

Limit of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any circumstance, the liability of one party to the other shall be limited to the total value of this contract. Neither party shall be liable for indirect or consequential loss. Any legal matters will be held in the Photographer’s current home state. Any legal fees incurred by the Photographer as a result of a Client prosecution will be paid by the Client.

Food/Breaks

The Photographer(s) will be allowed one 20 minute break at their own discretion, and bathroom breaks when necessary. Each photographer will be provided a full guest meal for events lasting longer than 5 hours. If no meal is provided, the photographer(s) reserves the right to go off-site for a meal for 45 minutes.

Satisfaction and Accuracy

The Client agrees that the work delivered will be a similar style and caliber to those photographs on Sunchez Photography’s online portfolio and social media, and that the photographer will have complete creative control during the photographing and in post-processing. The images will be delivered in JPEG format with a mix of color and black and white images, deemed appropriate by the photographer.

The client agrees that the photographer can only capture the event that happens; weather, location, schedule complications, time restraints and subjects ability to cooperate, are all factors in the quality of the photographs.

Editing

The photographer will not edit for physical size, hair, or any other physical appearance issue other than blemishes and other minor issues the photographer deems necessary. Additional re-editing, up to 30 days after the final edited copies are presented to the Client, will be available for an additional fee per photo.

Photographic Materials

No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. RAW or unedited files will not be given to client. An additional payment would be made to the Photographer for access to RAW or unedited files for Clients personal use.

Disclaimers & Requests

Sessions are not a controlled environment. Photographer will do their best to get all the important shots but cannot guarantee anything specific. Once photographs are culled, the unused images are permanently deleted. All shot lists supplied by Client will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. Gallery given to Client is final.
Sunchez Photography will not take part in photographing content that relates to sensitive topics the Photographer does not agree with including politics or other controversial issues.