TERMS AND CONDITIONS

Dominic Alvarez Photography

These Terms and Conditions (“Agreement”) govern the use of this website and all photography services provided by Dominic Alvarez Photography (“Photographer,” “we,” “us,” or “our”). By accessing this website, submitting an inquiry, booking a session, signing a contract, or paying any amount, the client (“Client”) agrees to be bound by these Terms and Conditions.

1. Booking, Retainer, and Reservation of Session Time

All photography sessions require a non-refundable retainer equal to fifty percent (50%) of the session fee in order to reserve the Client’s session date and time. The retainer serves to reserve the Photographer’s time exclusively for the Client and to compensate the Photographer for turning away other potential work for that date and time.

No date or time is considered reserved until the 50% retainer has been received.

The retainer is applied toward the total session balance. Because the session date and time are reserved exclusively for the Client, the retainer is non-refundable under all circumstances, including but not limited to cancellation, no-shows, change of mind, scheduling conflicts, weather, or failure to appear.

2. Payments and Fees

The remaining balance must be paid in full prior to the session date. No session will take place unless the balance has been paid.

The Photographer reserves the right to withhold delivery of images until full payment has been received.

Prices are subject to change without notice; however, any Client who has already paid a retainer will retain the pricing agreed upon at the time of booking.

3. Cancellation, Rescheduling, and No-Shows

If the Client needs to reschedule, the Client must notify the Photographer no later than seventy-two (72) hours prior to the scheduled session date and time. One reschedule may be permitted at the Photographer’s discretion and subject to availability. Requests made less than 72 hours before the session may result in forfeiture of the retainer and may require a new retainer to book a new date.

If the Client cancels, fails to appear, or arrives excessively late, the retainer will be forfeited.

If the Photographer must cancel due to illness, emergency, equipment failure, or other unforeseen circumstances, the Photographer will make reasonable efforts to reschedule the session. If rescheduling is not possible, all payments made will be refunded in full. This shall be the limit of liability.

4. Weather and Force Majeure

For outdoor sessions, weather-related rescheduling decisions are at the Photographer’s discretion. The retainer will transfer to the rescheduled date but remains non-refundable.

Neither party shall be liable for failure to perform due to events beyond reasonable control, including but not limited to acts of God, natural disasters, government actions, or emergencies.

5. Session Conduct and Client Responsibility

Clients are responsible for arriving on time and prepared, ensuring all participants are present and cooperative, supervising minors at all times, and securing permissions or access for locations if required.

The Photographer is not responsible for missed images due to uncooperative subjects, late arrivals, distractions, denied access, or circumstances beyond the Photographer’s control.

6. Late Arrivals

Session time begins at the scheduled start time. Late arrival by the Client does not extend the session end time. The Photographer is not obligated to make up time lost due to Client tardiness.

7. No Guarantee of Specific Images or Subject Cooperation

The Photographer does not guarantee any specific pose, image, background, composition, expression, or moment.

The Photographer cannot guarantee cooperation, expressions, or appearance of any subject. Dissatisfaction with personal appearance, expressions, or subject behavior is not grounds for a refund.

8. Artistic Style and Creative Discretion

By booking, the Client acknowledges familiarity with the Photographer’s portfolio and artistic style and grants the Photographer full creative discretion regarding pose, composition, lighting, editing style, retouching, and final image selection.

The Photographer’s editing style is subjective and consistent with the Photographer’s brand. Dissatisfaction with artistic style is not grounds for a refund.

RAW or unedited images are not provided under any circumstances.

9. Image Selection and Delivery

Final images will be delivered via a private online gallery. Turnaround time is estimated and not guaranteed.

The number of delivered images is not guaranteed unless specifically stated in writing.

10. Proofing Galleries and Previews

Proofs, previews, or watermarked images may not be downloaded, screenshotted, shared, or reproduced in any form.

11. Gallery Expiration and File Retention

Online galleries are provided for a limited time. The Photographer is not obligated to archive images after gallery expiration. The Client is responsible for downloading and backing up their files upon delivery.

12. Copyright and Usage

All photographs are the exclusive intellectual property and copyright of Dominic Alvarez Photography.

The Client is granted a non-exclusive, non-transferable personal usage license to download, print, and share for personal use.

The Client may not sell images, use images commercially, submit images to publications or contests, or alter images with heavy filters or edits. Cropping is permitted. Any other modifications require written permission. Commercial use requires a separate written license.

13. Alteration of Images

The Client may not apply filters, change colors, or otherwise alter images in a way that misrepresents the Photographer’s work.

14. Photographer’s Promotional Use of Images

Unless otherwise agreed in writing prior to the session, the Client grants the Photographer permission to use images for portfolio, website, social media, advertising, marketing, and publication.

Requests for privacy must be made in writing before the session date.

15. Print Orders and Products

All print and product sales are final. Due to the custom nature of photography products, no returns or exchanges are permitted.

The Photographer is not responsible for print quality issues from third-party labs not used or recommended by the Photographer.

16. Location Access and Permits

The Client is responsible for securing any required permissions, permits, or access to locations. The Photographer is not responsible for denied access or location restrictions.

17. Minors and Parental/Guardian Consent

If the Client or any subject is under the legal age of majority in their state or jurisdiction, a parent or legal guardian must provide written consent and execute all agreements.

By submitting a form, checking an agreement box, signing a contract, or paying any amount, the Client represents and warrants that they are either of legal age or that a parent or legal guardian has reviewed, approved, and authorized this Agreement on the minor’s behalf.

The Photographer reserves the right to cancel any session involving a minor if proper consent is not provided. In such cases, the retainer shall be forfeited.

18. Chargebacks and Payment Disputes

The Client agrees not to file any chargeback or payment dispute. The Client agrees to be responsible for all collection costs, legal fees, and administrative fees incurred by the Photographer due to a dispute or chargeback.

19. Limitation of Liability

In the unlikely event of total failure due to equipment malfunction, data loss, or other causes, liability is limited to a refund of all payments made.

Under no circumstances shall the Photographer be liable for indirect, incidental, consequential, or emotional damages.

20. Limitation of Damages

In any claim or legal action, the maximum liability of the Photographer shall be limited to the total amount paid by the Client.

21. Indemnification

The Client agrees to hold harmless and indemnify the Photographer from any claims, damages, or liability arising from the session.

22. Website and Communication

By submitting any form on this website, the Client agrees to these Terms and Conditions and consents to communication via email, phone, or messaging.

23. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior discussions or representations.

24. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Texas. Any disputes shall be resolved in Texas.

25. Severability

If any part of this Agreement is found invalid, the remainder shall remain in full force and effect.

26. Acceptance of Terms

By booking, paying, signing, or submitting any form, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions in full.