ERIC AGUAYO PHOTOGRAPHY



TERMS OF SERVICE


Welcome to Eric Aguayo Photography ("we", "us", "our", "Eric Aguayo", "Photographer"). By accessing this website and using our services, you agree to comply with and be bound by the following terms and conditions of use. Please read these terms carefully before using our website.


1. Use of Website



  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.


2. Copyright & Display


  • All photographic materials, digital files and content created by Eric Aguayo are intellectual property and are protected under U.S. copyright laws and international conventions. No portion of the photographer's works or materials, including, but not limited to, may be sold, downloaded, reproduced, manipulated, linked to, published, or transmitted to a 3rd party, without written consent from Eric Aguayo. Unauthorized and unlawful use of any images or materials created by the photographer may give rise to a claim for damages and or/be a criminal offense.
  • Eric Aguayo reserves the right to reproduce and/or display all photographic materials for portfolio, website, social media, self-promotion, advertising, or any other lawful publication.


3. Licensing and Usage


  • Clients who have purchased portraits (e.g., actors, corporate professionals, business professionals, performers, models, social media users) are authorized to use the images for personal and promotional purposes exclusively. This includes, but is not limited to, uploading them to personal or company websites (or websites of representatives), submitting them for potential work or representation, sharing them on social media or industry-related websites and using them in event promotional materials and displays.
  • For editorial publication, the client is required to request that a credit for the photographer be placed next to the photograph upon publication (e.g., © Eric Aguayo). However, the client shall not be held liable if the publication chooses to refuse or omit the credit.
  • The Client or any third party may not sell or use the photographs for commercial purposes without obtaining written consent from the photographer.
  • Any unauthorized and unlawful use of photographs from this website is strictly prohibited.


4. Booking, Rescheduling & Cancellations



  • All bookings require a non-refundable booking fee or 50% down payment, along with full acceptance of the terms and conditions published on the photographer’s website.
  • The Client agrees to sign a session service contract that defines the terms and conditions of the photography services, including image usage rights, cancellation policies, and other pertinent details.
  • Clients are required to provide advance notice of at least 24 hours prior to the scheduled appointment time to request a reschedule. Reasonable efforts to accommodate a new appointment time will be made, subject to availability.
  • In the event of a cancellation or "no-show," the booking fee or 50% down payment is non-refundable. However, it can be transferred to a future appointment if rescheduled.


5. Client Session Responsibilities


  • Assistance and Cooperation: The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to posing, selecting scenes, and participating in pre-shoot consultations as necessary.
  • Photographs Not Taken: The Photographer shall not be responsible for photographs not taken if such failure is due to the Client’s failure to provide reasonable assistance or cooperation.
  • Timeliness: The Client agrees to be punctual and timely for all scheduled photography sessions to ensure the Photographer can fulfill their obligations effectively.
  • Additional Costs: Any delays or additional time required due to the Client’s failure to cooperate may result in additional charges at the Photographer’s discretion.
  • Communications: The Client agrees to communicate promptly and clearly with the Photographer regarding any preferences, changes, or concerns related to the photography session.
  • Safety and Compliance: The Client agrees to ensure a safe environment and compliance with any legal requirements necessary for the photography session, including permissions for locations and individuals involved.
  • Final Image Selection: The Client understands that the Photographer will use their professional judgment in selecting final images and may not provide every photograph taken during the session.
  • Feedback and Approvals: The Client agrees to provide timely feedback on proofs or previews provided by the Photographer and to promptly approve final images or request any necessary revisions within the agreed-upon timeframe.
  • Liability: The Photographer shall not be liable for any issues arising from the Client’s failure to adhere to these responsibilities and cooperation terms.


6. Force Majeure



  • In case the photographer cannot fulfill their duties due to events beyond their control (like acts of God, war, terrorism, natural disasters, government regulations, or other unforeseen events collectively referred to as "Force Majeure"), their obligations will be paused for the duration of such events. If the photographer cancels or, in rare cases, experiences complete photographic failure, liability will be limited to a full refund of any fees paid.


7. Links to Other Websites


  • This website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).


8. Privacy



9. Changes to Terms


  • We may revise these terms of service at any time without notice. By using this website, you are agreeing to be bound by the current version of these terms of service.


10. Governing Law


  • These terms and conditions are governed by and construed in accordance with the laws of the United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State/Country.


Contact Us

If you have any questions about these terms of service, please contact us.