Terms & Conditions
Terms and ConditionsThis agreement, made on Oct. 29, 2024 by and between Muñoz Photography, LLC ("Photographer" or "Muñoz Photography") and the client, contains the entire understanding between Muñoz Photography and the Client regarding the services provided. This agreement supersedes all prior and simultaneous agreements. Amendments or waivers to any provisions of this agreement must be made in writing and signed by all parties.
1. Scope of Services
Muñoz Photography offers professional photography and videography services for various events, including but not limited to weddings, engagements, family portraits, commercial events, corporate events, and school photography (sports, class photos, picture days, and senior portraits). Coverage is a minimum of five hours, with no cap on the number of images provided. Muñoz Photography guarantees high-quality coverage of essential images and moments.
2. Booking and Deposit
Inquiry and Consultation: The Client must complete an inquiry form, followed by a consultation and appointment scheduling.
Deposit: A non-refundable deposit of $2,000 per service is required to confirm booking.
Payment schedule:
30% deposit upon booking confirmation.
60% final payment due 30 days before the event.
Dates are reserved only upon receipt of the initial deposit, which indicates the Client’s agreement to these terms.
3. Cooperation Agreement
The Client agrees that cooperation and communication are essential to achieving optimal results. Muñoz Photography will make every effort to capture key moments but is not liable for missed photos due to circumstances beyond its control.
4. Digital Files, Prints & Copyrights
Copyright: All photos produced by Muñoz Photography are copyrighted under Florida Statute 495.161. Reproduction without explicit permission is prohibited.
Client Usage: If the Client purchases a plan that includes master files, they may print these files but do not own the RAW files. High-resolution, color-corrected images will be provided; RAW files are not shared with the Client.
5. Model Release
The Client grants Muñoz Photography unrestricted rights to use and publish photos for promotional, editorial, advertising, or other purposes, unless a specific opt-out is requested. Muñoz Photography may use these images on its website, social media, print advertisements, or other marketing channels.6. Production & Editorial Control
Muñoz Photography is the exclusive official photographer for the event. The presence of other photographers may result in additional charges or termination of service. Editorial control rests with Muñoz Photography, including the right to determine final edits. The Client may request specific images to be excluded from the final gallery before editing begins.
7. Delivery of Images
Edited images will be delivered within four weeks following the event via an emailed link. The Client is responsible for providing any required photo passes for venue access.
8. Third-Party Vendors
If Muñoz Photography contracts a vendor to assist with services, Muñoz Photography assumes responsibility for all footage, editing, and customer service matters related to those services.
9. Completion Schedule
Clients must provide an order list for printed images within one year post-event. Failure to provide this list may result in additional fees.
10. Payment Terms
Non-Refundable Deposits: All deposits are non-refundable unless specified otherwise.
Payment Methods: Acceptable forms include certified check, bank check, cash, or credit card. Credit card payments require a signed authorization.
Late Payments: Muñoz Photography reserves the right to cancel the reservation and retain deposits if payments are not made on schedule.
11. Cancellation Policy
If the Client cancels the event, deposits are retained according to the following schedule:360+ days prior: Initial deposit retained.
180-359 days prior: 50% of the package cost retained.
90-179 days prior: 75% of the package cost retained.
Within 89 days: 100% of the package cost retained.
If the event date is changed, Muñoz Photography may impose additional fees to reschedule. Any refund is contingent on Muñoz Photography's ability to rebook the date.
12. Right of Withdrawal
If the event location changes outside the initially agreed area, Muñoz Photography reserves the right to cancel the booking and retain the deposit.
13. Limitation of Liability
In emergencies, Muñoz Photography may arrange a replacement photographer but is not liable if none is available. Liability for lost or damaged photos is limited to refunds of payments made. Muñoz Photography is not responsible for lost or damaged goods shipped to the Client.
14. Indemnification
The Client agrees to indemnify and hold harmless Muñoz Photography from any claims or losses arising from this agreement or the services provided.
15. Sever ability
If any part of this agreement is found invalid, the remaining provisions remain in effect.
16. Governing Law
This agreement is governed by the laws of Florida, with any disputes resolved in Broward County. Muñoz Photography may recover legal fees if found to be the prevailing party in any dispute.
17. Force Majeure
Muñoz Photography is not liable for cancellations due to events outside its control, including natural disasters, war, or civil disturbances. In such cases, Muñoz Photography will reschedule the event within six months of the original date.
18. Meals and Breaks
For coverage exceeding five hours, the Client must provide a meal for photographers. If no food is available, photographers are allowed a 30-minute break to obtain a meal.
19. Working Conditions
The Client is responsible for providing a safe working environment and will be liable for any equipment damage caused by guests. In cases of hostile treatment, Muñoz Photography reserves the right to cease coverage without refund.