MARIO A PENA

POLICY

BUSINESS POLICY

PLEASE CAREFULLY READ THROUGH THE INFORMATION BELOW BEFORE FILLING OUT THE ELECTRONIC AGREEMENT PORTION OF OUR POLICY


 

COPYRIGHT INFORMATION: It is illegal to copy or reproduce these photographs elsewhere without Mario Peña’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. All photographs, both on website and Facebook, including all potential proofs and purchased prints, are copyrighted; reproduction of any image by any means, including copying, re-printing, screen captures, and other means of print reproduction are strictly prohibited and are a violation of copyright law. Additionally, it is ILLEGAL to post any photographers work on the Internet, blogs and social networking sites, without the express permission of the photographer. The only exception to this is if you have purchased the print release. As an artist, Mario Peña wishes to have complete control over the final look of his client's images, and scanned images damage his reputation as a photographer by distorting and devaluing the image quality. Thank you for respecting Mario Peña's work and livelihood by choosing not to reproduce his images.

EXCLUSIVE PHOTOGRAPHER: Please only bring the people that will be photographed to the session. Also, please do not bring your own camera, camcorder, or recording device to the session.

BEFORE THE SESSION: Please have your children dressed and ready to go for their session. This includes hair combing and having their faces clean. Children are more likely to become grouchy if they are fussed with too much before the session.

RETAINER POLICY: A non refundable retainer of 50% is due at the time of booking your session. This guarantees the time and date allotted for you. Should payment not be received in this time frame, Mario Peña reserves the right to offer the date and time to another client.

TRAVEL FEE: There is a $30.00 travel fee for portrait sessions located 20 miles outside of Clifton, NJ.

ONLINE GALLERY: The images will be displayed in an online gallery. The online gallery will be available for 2 weeks. If you wish to order prints then ordering should be completed in that time frame. If you would like to re-publish your gallery, there is a $20.00 fee.

FINAL PRINTS: Payment for all printed products are due when ordering. Once payment is received, orders are placed. Your final print order will be delivered approximately 4 to 6 weeks after your order is placed. Canvases and albums may take up to 6 to 7 weeks. There is a minimum print order commitment of $150.00 for all session options.

PORTRAIT CARE: Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.

SALES ARE FINAL: Due to the custom nature of each session, all sales final - proof books that are purchased are not returnable. To receive refund, Mario Peña must have a 2-week notice from the schedule session.

REPRINTS: All ordered images will be kept on file for one year after your initial order. All images that are not ordered will be kept on file for one week only. You are welcome to place a re-print order from the images you originally purchased.

RE-SHOOTS: Re-shoots are at the discretion of the photographer; and are not given for regretful personal choices such as hair and clothing choices.

UNDER THE WEATHER: If you or anyone in involved in the session is feeling ill, please call to reschedule, Mario Peña understands that sometimes, this happens. If you must cancel, please try to do so at least 48 hours before your session.

PAYMENT OPTIONS: Mario Peña accepts cash and debit or credit. Please inquire before writing a check.

PERSONAL CHECKS: Checks returned by the bank, for any reason, will be charged a $50.00 service charge and
all orders will be cancelled if they are not paid in full within three days of notification.

USAGE: Mario Peña reserves the right to use the negatives and/or reproductions for display, publication, or other purposes. Negatives and originals remain the property of Mario Peña. 


CLIENT AGREEMENT

-This agreement constitutes an order for your portraiture services, including the taking of portrait photos as agreed to both parties: Mario Peña and contacting party. Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain property of Mario Peña and may be used for advertising, display or any other purpose thought proper by Mario Peña.

-If photographer, Mario Peña, cannot perform this agreement in whole or in part due to a fire, or other casualty, acts of God or nature or terror or other cause beyond the control of the parties due to further liability with respect to this agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in mail, or other wise lost or damaged with fault on the part of photographer. Client(s) agree that an entire session cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits Mario Peña liability to the amount paid under this contract.

-In the event of an extenuating circumstance on Mario Peña’s part, Mario Peña will find and hire an alternative photographer or reimburse the full amount paid to the customer, including the deposit or will re-schedule for a different time. Mario Peña will not be held liable for services not rendered. To receive refund, Mario Peña must have a 2-week notice from the schedule session.

-On signing of this agreement by both parties hereto, Mario Peña will reserve the time agreed upon and will not make another reservation for the specific time frame.

-Mario Peña is the only photographer to perform the photographic services requested on this contract. No other photographer is allowed to take photos at the session and no other cameras are allowed at the session.

-The amount agreed upon covers the photographer’s time, talent, proofing and editing. It also cannot be changed or altered by any means.

-A non refundable retainer of 50% is due at the time of booking your session. This guarantees the time and date
allotted for you. Should payment not be received in this time frame, Mario Peña reserves the right to offer the date and time to another client.

-Mario Peña price list is adjusted periodically and future orders will be charged at current pricing of that time.

-Mario Peña will choose the best images from your session.

-If a cancellation before 2 weeks, then only deposit will be refunded to the client. Anything cancelled later than two weeks prior to the session is non refundable.

-In, the opinion of the photographer, weather or other adverse conditions prevent creation or a portrait meeting the artistic standards of the photographer, photographer may elect to use an alternate location or to reschedule the portrait session.


IMPORTANT NOTICE REGARDING COPYRIGHT

It is illegal to copy or reproduce these photographs elsewhere without Mario Peña’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.   All photographs, both on Mario Peña’s website, blog or Facebook page, including all potential proofs and purchased prints, are copyrighted; reproduction of any image by any means, including copying, re-printing, screen captures, and other means of print reproduction are strictly prohibited and are a violation of copyright law. Additionally, it is ILLEGAL to post any of Mario Peña’s work on the Internet, blogs and social networking sites, without the express permission of the photographer. No exceptions. 

 

 


By filling out the form below and electronically signing this document, you agree to all that is mentioned above. Please do not fill out this form without reviewing the information provided to you on this page. 

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