contract: portrait + sessions

This agreement is made between you, the Client, whose name and contact information will be typed below, and Salitre Visuals. All photographs and video files will be shot in digital camera RAW format and in 4k, respectively. All content will be made available for download via WeTransfer within 14 days from the shoot date UNLESS specified otherwise and agreed upon by both parties. Client will have limited printing rights (see below). Photo content will be delivered as high-resolution JPEG files via WeTransfer. Video content will be delivered as 4K .mov files via WeTransfer within 14 days from the shoot date UNLESS specified otherwise and agreed upon by both parties.

1. Retainer and payment. Upon your signature, Salitre Visuals will reserve the time and date agreed upon, and will not make other reservations for that time and date. The Client shall pay a 50% retainer to Salitre Visuals to perform the services specified herein upon the contract signing date to reserve their shoot date. Upon payment, Salitre Visuals will reserve the time and date agreed upon by both parties exclusively for you, the Client. The remaining 50% of the selected collection must be paid on the day of the event in full. No services will be made until full payment is made. No content shall be released until full payment is made.

Cancellation. If client cancels this agreement more than two weeks ahead of the scheduled services date,, the retainer can be applied to a mutually agreed upon reschedule date. If Client cancels this agreement within two weeks of the scheduled services, or if the Client fails to show on the day of the services, all payments made to Salitre Visuals shall be forfeited. Client understands and agrees that Salitre Visuals will not book other sessions during this time. In the event that the Client cancels the session or fails to attend the Session Date for any reason, Salitre Visuals shall suffer losses that are difficult to ascertain. Retainer will NOT be refunded due to the client's error. 

3. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule their session, the retainer shall be applied to a rescheduled session if notice is given at least 2 weeks prior to scheduled event. This time frame does not apply to Surf Sessions. Reschedule must be within the same calendar year, unless the original date was within one month of the new year.  A new retainer will be made if date change is made past the end of the year before original agreed upon session date. If the Client is late arriving to the session, the Client will have only the amount of time allotted in advance by this contract for the session. 

4. Artistic Rights. Salitre Visuals retains the right of discretion in selecting the materials released to the client.

5. Photographic and Videographic Materials. All materials, including but not limited to negatives, video files, transparencies, proofs, and previews, shall be the exclusive property of Salitre Visuals. 

6. Copyright and Reproductions. Salitre Visuals shall own the copyright in all content created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on Salitre Visual’s website and/or studio. If Salitre Visuals desires to make other uses, they shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of Salitre Visuals.

7. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. For Portrait and Surf Sessions exclusively, the Client’s prints and digital files are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorized for any reproductions by parties other than Salitre Visuals. The Client must act in accordance with this release. 

8. Social Media. The Client may share blog post links, Instagram posts, and Facebook albums though use of the share functions and dissemination of direct links, or in any other fashion Salitre Visuals provides. Client shall not copy, screenshot, screen-record, or capture the photographs in any other fashion.

9. Capturing Desired Content. It is recommended that the client(s) develop a list of desired poses/angles, locations and subjects (family and friends; items; etc.) and share this with Salitre Visuals 2 weeks before the session if desired. Salitre Visuals will NOT be held accountable for not capturing desired content if there is no one to assist in identifying or gathering people/items/locations for the photograph(s) and/or videos. The Client agrees to cooperate and communicate with Salitre Visuals for the best possible result within the definition of this assignment. Salitre Visuals is not responsible for key individuals’ failure to be present or to cooperate during the session, neither for missed images or videos due to details not revealed to Salitre Visuals..

10. Sole Photography/Videography. It is understood that Salitre Visuals will act as the sole and exclusive photographer and videographer. Salitre Visuals reserves the right to bring one assistant (second shooter) at their discretion. 

11. Failure to Perform. If the Photographer/Videographer is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, or causes beyond the control of the Photographer/Videographer, the Photographer/Videographer will not be held liable for missing scheduled session coverage. Salitre Visuals will arrive to the session at the best of their abilities. If coverage and services cannot be fulfilled by Salitre Visuals or a replacement chosen at the discretion of Salitre Visuals, Salitre Visuals shall return the retainer to the client and shall have no further liability. Further, if Salitre Visuals is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, equipment, or otherwise lost or damaged without fault of the Photographer/Videographer, liability shall be limited. The limit of liability shall not exceed the contract price stated herein. Salitre Visuals will not be held responsible for any ruined photographs or video files due to any cause in or outside the Photographer/Videographer'’s control.

12. Substitute Photographer/Videographer. Salitre Visuals reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer/videographer is chosen at the discretion of Salitre Visuals and does not constitute a breach of this agreement. Anna Posada warrants the substitute photographer to be of comparable quality and professionalism. 

13. Standard Price List. The charges in this agreement are based on the Photographer/Videographer'’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. 

14. Limitation of Complaint. The Client will have 14 days after gallery delivery to make Salitre Visuals aware of any issue, discrepancy, technical problem or any other complaint regarding the content, their quality, or anything relating to coverage. After this 14-day term has expired, Salitre Visuals will no longer be liable to the client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made if deemed appropriate by Salitre Visuals.

15. Indemnification. The photographer/videographer shall be held harmless for any and all injury to the client during the course of the session and the immediately surrounding events.

16. Miscellany. This agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.