TERMS & CONDITIONS

Elena Atienzar Terms & Conditions

12/08/2024

1. Agreement to Terms

By engaging in photography services with Elena Atienzar, you agree to the following terms and conditions. If you do not accept these terms, please refrain from using our services.

2. Booking and Payment

2.1. Reservations: To secure your session date and time, a signed agreement and a non-refundable deposit are required.

2.2. Fees: The pricing for our services will be detailed in the contract provided. Additional charges may apply for travel, extended hours, or special requests.

2.3. Payment Terms: Payment details, including due dates, are outlined in the contract. Payments can be made via bank transfer or other specified methods. Failure to adhere to the payment schedule may result in the cancellation of your booking.

3. Cancellation and Rescheduling

3.1. Client-Initiated Cancellation: If you need to cancel your session, please note that the deposit is non-refundable. Depending on the timing of the cancellation, further charges may apply as outlined in your agreement.

3.2. Cancellation by Elena Atienzar: In rare cases where we must cancel due to unforeseen circumstances, such as illness or equipment failure, you will receive a full refund or the option to reschedule.

3.3. Rescheduling Requests: Should you need to reschedule, please inform us as soon as possible. We will do our best to accommodate your new date, depending on availability.

4. Ownership and Rights

4.1. Image Rights: Elena Atienzar retains full copyright over all images created during the session. Clients are granted a personal usage license but may not sell, alter, or distribute the images without written permission.

4.2. Usage Permission: By participating in a session, you allow Elena Atienzar to use the images for promotional and portfolio purposes, unless otherwise agreed upon in writing.

5. Client Responsibilities

Clients are expected to actively participate in the session, following any guidance or direction provided. Respectful collaboration is essential to ensuring the best possible outcome. Disruptive or inappropriate behavior may result in the session being terminated without a refund.

6. Delivery of Photographs

6.1. Delivery Time: An estimated delivery time for edited images will be communicated in your contract. This timeline may vary based on the complexity of post-processing and any unforeseen delays.

6.2. Final Selection: Edited images will be selected and delivered by Elena Atienzar, typically within 14 days, in the format specified in your agreement.

6.3. Additional Editing: Standard editing, such as color correction, is included. Requests for extensive Photoshop work will incur additional fees, which will be quoted separately upon request.

7. Liability and Safety

Elena Atienzar will take every precaution to ensure a safe and successful session, but is not responsible for accidents, injuries, or losses that occur during the session. Clients are responsible for their personal safety and the security of their belongings.

8. Resolving Disputes

In the event of a disagreement, both parties agree to attempt resolution through mediation or arbitration before considering legal action.

9. Updates to Terms

Elena Atienzar reserves the right to update these terms and conditions as necessary. Any changes will be communicated, and continued use of our services implies acceptance of the revised terms.

10. Creative Integrity and Artistic Control

10.1. Artistic Discretion: Elena Atienzar reserves the right to decline any requests that may compromise her artistic style, professional standards, or brand image. This includes specific editing requests that do not align with her established work or could be perceived as unprofessional.

10.2. Creative Direction: Clients understand that they have hired Elena Atienzar for her unique vision and expertise. While collaboration and feedback is welcome, the final decision on image selection, editing style, and overall creative direction rests solely with Elena Atienzar.

10.3. Brand Protection: Any requests that could harm Elena Atienzar’s brand image, style, or artistic integrity will be respectfully declined. Alternative solutions may be offered if they align with her professional standards.

11. Image Modifications

11.1. Modification Prohibition: Clients are not permitted to alter or re-edit the images provided without explicit written consent.

11.2. Re-edit Requests: Should you require additional edits after the final images have been delivered, these requests must be made within 3 days. Additional charges may apply based on the scope of the work.

12. Image Usage Period

12.1. Usage Rights: The client is granted rights to use the images for a period of 12 months from the date of delivery. This usage is intended for the purposes outlined in the original agreement.

12.2. Expiration of Rights: After the 12-month period, the client must cease using the images unless a renewal of rights is negotiated. Unauthorized use beyond this period may result in legal action.

12.3. Renewal of Rights: If continued use is desired, the client must request an extension in writing. Renewal terms will be negotiated at that time.

By choosing to work with Elena Atienzar, you confirm that you have read, understood, and agreed to the terms and conditions outlined here.