Terms & Conditions

GENERAL TERMS & CONDITIONS FOR PHOTOGRAPHY SERVICES

When you pay for our services or products, you are automatically accepting these terms and conditions.

  1. DEFINITIONS
  • A picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
  • Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience), layout or presentation, electronic or mechanical reproduction or storage by any other means.
  • The Memory Land LLC (“TML”) is the company providing the photography services.
  • CLIENT is the person or entity requesting the photography services (whether or not the CLIENT is acting for a third party).
  • The terms “you” and “your” in uppercase or lowercase shall mean the (“CLIENT”).
  • These terms and conditions represent the entirety of the agreement between TML and the CLIENT. Any variation is only applicable when agreed in advance and in writing.

 

  1. PAYMENT TERMS

CLIENT understands and accepts the following terms and conditions regarding the Payment for Services to TML:

  • In order to secure the date and availability of services, the CLIENT shall make a payment of a non-refundable deposit of 50% of the total proposal quote.
  • The remainder 50% is due 7 days prior to event date or TML will reserve the right not to attend to such event.
  • If the event date is less than 15 days from the quote date, then FULL payment is due to secure the date and availability of service.
  • TML accepts checks, money orders, cash or credit card. Checks and Money Orders should be made payable to The Memory Land LLC.

 

  1. CANCELLATION & RESCHEDULING
  • If the event is rescheduled to a different date, the CLIENT must notify TML immediately to determine whether or not the date is available for service. If the date is not available, the services are deemed cancelled. If the date is available, TML reserves the right to review and change the original quote.
  • If the event is cancelled up to 7 days before the agreed date, TML will retain a non-refundable 50% of total fee, and the rest, if already paid, will be refunded. If the event is cancelled 6 or less days prior to the event or after TML photographers have arrived to the event’s location, 70% of total fee will be considered as “earned” and the other 30%, if already paid, will be refunded.

 

  1. COVERAGE, COVERED AREAS AND OVERTIME
  • Official coverage time begins at appointment time and the hours agreed should run continuously.
  • The time allotted to change clothes and locations are included in the time selected by the CLIENT on a package of shooting.
  • It is responsibility of the CLIENT to secure areas for photography or ask for any permit if the event will take place in a private place, such as church, restaurants or any other location.
  • TML photographers are not responsible for lighting restrictions imposed at any of the venues. Anyways, TML will do its best effort to maximize the quality of the images.
  • TML only provides services within Miami Dade and Broward County. If the service requested is outside those Counties, TML reserves the right to charge additional fees, included but not limited to tolls, gasoline, food, airfares and hotel, if applicable.
  • If the length of the event exceeds the time specified in the quote-contract, the additional hours will be billed at a rate of $100/hour (daylight event) and $150/hour (nighttime event). Nighttime is considered after 6:00 p.m. This fee must be fully paid before the final images are delivered.
  • TML does not guarantee that all guests are going to appear in the photos. If you have a particular request, please inform the TML photographers prior or during the event.

 

  1. FOOD AND BREAKS
  • TML’s photographers require a 30-minute break every 6 hours of coverage.
  • A meal must be provided every 6 hours of service.

 

  1. PARKING
  • CLIENT should provide TML photographers with parking at the event/session venue. If a parking fee is due or valet parking is required, CLIENT shall bear the cost of those fees.

 

  1. ONLINE GALLERY 
  • The Online Gallery will be uploaded approximately 30 days after the event. It will remain online from 1 to 3 months (depends on the package). After that period of time, it will become invalid. To activate it again, a $15 fee will be charged.
  • If you want your gallery to be private, you will be provided with a username and a password to access. TML assumes no liability if CLIENT shares the username and password or allows others to access the Online Gallery.

 

  1. POST PRODUCTION, FINAL PRODUCT AND DELIVERY
  • TML does basic photo editing. This means adjustments in White Balance, exposure, noise reductions, detail, contrast, saturation, framing, resizing and sharpening. TML doesn’t work with alteration processing at Photoshop. This means removing acne or skim blemishes, make people look thinner or taller, applying special effects, among others.
  • The final effects applied on the images are at the discretion of the TML editors. TML mainly works with color, but sometimes black & white settings can be applied.
  • TML keeps the raw material for no more than 3 months after the delivery of the final photos.
  • When the photos are ready, TML will send you a link to buy or download all the images –depending on the package chosen-. TML can also send your pictures recorded on DVD or flash drive upon request with an extra fee. The usual delivery time is 4 weeks, if any delay occurs, TML will inform the CLIENT.
  • If an album is requested, TML will provide the CLIENT with a draft. The CLIENT will be required to provide editing feedback within 2 weeks after delivery of the draft. If the CLIENT does not provide his feedback within 2 weeks, TML will consider the draft as the final product.

 

 

  1. DISPLAY RIGHTS & PHOTO CREDIT
  • TML owns all images produced in conjunction with this contract, including all copyrights in such images. The CLIENT can use these images for personal use only, not for commercial purposes.
  • TML reserves the right to use the photos for promotional, advertisement, display and publication purposes.
  • The CLIENT agrees to communicate all guests and service providers that event will be photographed and they give permission to use their images by The Memory Land LLC.
  • All published usages of images must be accompanied by written credit to TML or copyright notice.

 

  1. FORCE MAJEURE
  • TML shall have no liability to CLIENT under these Terms & Conditions if TML is prevented from carrying out the photography services by:
    • The client not being on time and/or the church, the reception, or the place of the event/session having photography restrictions.
    • Any inhibiting background, location, or additional arrangements with other photographers; and/or
    • Any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
    • In the event of incapacitating illness or injury to TML’s photographers, TML shall have the option, whenever possible, to mutually agree with the CLIENT a replacement photographer to carry out the photography services. If we cannot agree or find a replacement then TML shall refund to you CLIENT the fee paid in relation to the interrupted photography services in full (subject to our limitation on liability in Clause 11).

 

  1. LIABILITY
  • TML’s entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to the fee in relation to the photography service and TML shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
  • The limitation on liability shall also apply in the event that pictures are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where TML or its photographers are not liable.

 

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