terms of service agreement

If you've made it this far, then that means you're serious in doing business with Obsidian Lens. In order to ensure that top quality in service is met, it's best for the photographer (Adam Castillo), and the client(s), to come to an official agreement before business is initiated. It is my priority to write this in a way that everyone understands, but if there are any questions or concerns that you have, please don't hesitate to reach out to me and I will kindly explain everything and anything. Thank you! Alright, let's just jump right in the basic terms we must all agree on.
OVERALL APPEARANCE
Client(s) agrees to arrive at the location of the photo session on time, be dressed in their outfit of choice, and ready to have their photographs taken, overall. It is the responsibility of the clients) to have their outfit, hair, makeup, and overall appearance to be made to their preferred styling for their photoshoot.
EXTRA TIME TARDINESS/ RESCHEDULING
Extra time will not be given to the clients) because of tardiness, as this interferes with the workflow and scheduling of other clients of the photographer. Extra time will only be granted to the client(s) if there is an issue that arises during the photo session that is completely out of the control of the photographer or clients). Photographer or clients) do hold the right to reschedule the session of the photoshoot only due to poor weather conditions or emergency situations, so long as no other clients sessions are scheduled on the new date and time, and it works for all parties. This should be negotiated between the parties at least two (2) hours before the originally scheduled photoshoot.
COPYRIGHTS
All images shot is the property of the photographer, whether they have been edited or not. Raw and unedited images will never be released to the clients), as they are not considered to be the finalized service and product of the photographer. Clients) is encouraged to share their finalized images on their social media accounts, vearbooks, or any other platform they utilize for social networking with credit to Obsidian Lens as this helps to promote business. Commercial use of photographs is not allowed - unless otherwise by permitted by the photographer in advance.
INDEMNIFICATION
Client(s), and their family members, friends, agents and assignees (if any) shall indemnify and hold the photographer harmless from any claims of damages arising out of the performance of this photographer service (apart from intentional or illegal acts). The photographer is not responsible for damage or harm of the clients) and their property because of all poor choice or responsibility of the clients) during their photoshoot.
MINORS
If dient(s) is under the age of 18 years old (example; senior photographs), there must be a parent or legal guardian present during the photography of this individual. If there is no parent or legal guardian present, then the photoshoot will be cancelled, refund will be given, and the client(s) will have to reschedule and submit payment for a new photoshoot with a parent or legal guardian present. The photographer will not do business with children.
PAYMENT
There will be a deposit fee to secure the date and time of the client(s) photo session. The deposit fee is 80% of the package that is being purchased. The remaining 20% (final fee) is due when photographs are complete and finalized. Finalized photographs will only be accessible and downloadable to the client(s) when the final fee is paid and verified.
REFUNDS
There are no full refunds. A refund is granted to the clients) if they are wishing to completely cancel their photoshoot, but this request must be made at least two (2) hours before the schedule date and time of their photoshoot. Another reason for a granted refund is if the photographer were
to encounter a (unlikely) technical error where equipment and/or photographs are lost or damaged, and the product is undeliverable. These two reasons for granted refunds are the deposit fee.
PHOTOSHOOT REDO
The clients) is not allowed to re-do their photoshoot for free. All photoshoots must be paid services. The only re-do that will be granted to a clients) is if the photographer were to encounter a (unlikely) technical error where equipment and/or photographs are lost or damaged, and the product is undeliverable. The clients) also has access to refund of their deposit fee if requested.
TIMING
While taking quality of service into great consideration, the photographer always strives to have photos edited and finalized for the clients) within 2-3 weeks. The timing varies depending on the workload of the photographer, such as scheduled sessions and editing photographs of other clients, but the photographer takes every client into great value and tries to maintain express delivery of final product.
PREVIEWING & ACCESSING YOUR PHOTOS
Withing a week after your scheduled photoshoot, you will receive a link to a private gallery of unedited, raw photographs that were taken from your shoot. These images will be numbered. watermarked, greyscale, and lower resolution versions of the actual final product. Clients) must preview and choose which photographs they want to be edited and finalized. When chosen images are complete and finalized, clients) can expect a private, password-protected link to a gallery where all their official photographs will be available to download at high-resolution.
EDITING AND RETOUCHING
Editing of photos includes clearing and softening skin (realistically), deaning up hair fly aways, and colorizing the image to the preferred editing style of Obsidian Lens. Editing of photos does not include fixing or coloring hair, adding makeup, fixing clothes, or removing or adding people or objects to photos. Clients) agree to allow the photographer to edit and colorize photographs with the preferred presets/colorizing that Obsidian Lens is comfortable with.
MODIFICATIONS
Any modifications or alterations to a final product is strictly prohibited. Clients) are NOT permitted to change or add to the work done by the photographer and present that image as the work of Obsidian Lens. For example, adding filters and changing the editing.
PORTFOLIO ADDITIONS
In respect to client(s), their photographs will not be shared on the official gallery onObsidian-Lens.com, or any other of its official social networking accounts without permission from the clients) beforehand. The photographer encourages clients) to share and credit Obsidian Lens when posting their final images online, or with the public.