Terms of service.
1. Acceptance of Terms
By engaging in photography and videography services ("Services") provided by Mikentosh Visuals, you ("Client") agree to the following terms and conditions for the usage of images captured during the Services.
1.1. Travel
A. Travel Fees) For sessions outside of the Golden Triangle area, additional travel fees may apply. B. Travel fees will be discussed and agreed upon during the consultation phase of booking. C. Travel fees cover transportation, accommodation (if necessary), and related expenses.
B. Location Scout) Prior to the session, a location scout may be conducted to assess the suitability of the chosen location. B. Any additional costs incurred during the location scout will be communicated and mutually agreed upon.
C. Travel Itinerary) A detailed travel itinerary will be provided, outlining the dates, times, and locations of the photography/videography sessions. B. Any changes to the itinerary must be communicated and agreed upon by both parties in writing.
D. Accommodation) If overnight stays are required due to the session's location, accommodation expenses will be discussed and agreed upon in advance. B. Accommodation arrangements will be made by Mikentosh Visuals unless otherwise specified in writing.
E. Transportation) Transportation costs, including but not limited to flights, rental cars, or public transportation, will be included in the travel fees. B. Mikentosh Visuals will coordinate transportation logistics unless otherwise specified.
F. Per Diem) A per diem allowance may be included in the travel fees to cover meals and incidental expenses during travel. B. The per diem amount will be agreed upon in advance and detailed in the contract.
G. Force Majeure) In the event of unforeseen circumstances that prevent travel, such as natural disasters or government restrictions, Mikentosh Visuals will make reasonable efforts to reschedule or refund travel-related expenses.
1.2. Booking and Payment
A. A non-refundable session fee is due in full prior to the session. The session fee acts as a deposit for the session. Under no circumstances, unless photographer/videographer states otherwise, will the session fee be refunded beind exchanged no matter the payment method. The specific session fee will be based on the type of session booked and outlined in a separate pricing guide. This fee covers the photographer/videographer's time, talent, equipment costs, and ensures their availability for your session. It does not include any images or products unless the product / package specifically states as such.
The Client understands that images and products incur additional costs. The Client agrees that this session fee is non-refundable and is paid in consideration of the Photographer's experience, reputation, and skill, as well as in consideration of the Photographer/Videographer's inability to schedule other clients during this time.
B. Additional unplanned and/or un-contracted services (such as, but not limited to, redo of design, day of session extension of time, services outside of scope of agreement, management of non wedding/event day activities, etc) are considered overtime and will be billed with prior notification and consent at the rate of $100 per hour. Finished products will not be delivered until full payment is released and confirmed. Product orders will not be submitted to the lab for processing until the total cost of products is paid in full. A secure payment link will be sent for your convenience.
C. Acceptable payment methods include but not limited to, Card, CashApp, Apple Pay, Afterpay, or cash. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer/Videographer in the event enforcement of this Agreement becomes necessary. The Client acknowledges having reviewed the complete pricing list and hereby consents to the proposed pricing and services booked online, unless additional items are incorporated into the session as add-ons.
1.3 Harassment and Disruptive Behavior:
a. Photographer/Videographer reserves the right to cease coverage and leave the session without refund in the event of any harassment or derogatory behavior directed towards the Photographer/Videographer, their personnel or equipment. This includes, but is not limited to, verbal abuse, threats, or any actions that create an unsafe or hostile work environment. The following 3-strike policy will apply:
Strike 1: Photographer/Videographer will verbally inform the Client of the disruptive behavior.
Strike 2: Photographer/Videographer will again inform the Client and may request the removal of the disruptive individual(s).
Strike 3: Photographer/Videographer will cease coverage and leave the session. No refunds will be provided, and the Photographer/Videographer bears no responsibility for missed photos, footage, or any decrease in work quality resulting from the disruption.
1.4 Cooperation
a. The Client will assist and cooperate with the Photographer/Videographer in obtaining the desired photographs/footage. This includes, but is not limited to, specifying persons and/or scenes to be photographed/recorded; taking time to pose for photographs/footage at the Photographer's/Videographer's direction; providing a person to guide the Photographer/Videographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer/Videographer will not be responsible for photographs/footage not taken as a result of the Client's failure to provide reasonable assistance or cooperation. Additionally, the Photographer/Videographer will not be held responsible or penalized for any photographs or footage of specific persons or events that were not explicitly specified in a written shot list (printed or digital) provided by the Client. The Photographer/Videographer will, however, make every reasonable effort to work with any photographs or footage acquired during the session, even if those photos or footage were not included in the shot list.
1.5 Client Supervision During Sessions with Minors
a. For any session or project involving the photography or videography of individuals under the age of 18, the client agrees to one of the following:
Client Attendance: The client will be present for the entire duration of the session or agreement term.
Trusted Adult: The client will designate a trusted adult over the age of 18 to be present and accompany the Photographer/Videographer throughout the session or agreement term. This adult must be authorized by the client in writing and be familiar with the minor(s) involved.
b. Under no circumstances will the Photographer/Videographer be left alone with any minor(s) under the age of 18. This applies to all sessions, including but not limited to schools, daycares, and youth-specific events.
c. In the Event of Unsupervised Access to Minors If, at any time during the session, the designated adult is unavailable and the Photographer/Videographer is left alone with a minor, the Photographer/Videographer reserves the right to take the following actions:
Pause the Session: The session may be paused until the designated adult arrives. No additional time will be added to the session due to such pauses.
Cancel the Session: The Photographer/Videographer may elect to cancel the remainder of the session. In this case, no refunds will be issued, as the client has breached the agreement by failing to provide adequate supervision.
2. Ownership and Usage Rights
a. All images and videos captured by Mikentosh Visuals during the Services, including but not limited to photographs, videos, and other media (collectively referred to as "Images"), are and shall remain the sole property of Mikentosh Visuals
b. Mikentosh Visuals grants the Client a non-exclusive, non-transferable, and limited license to use the Images for personal purposes, including sharing on personal social media accounts, personal printing, and personal displays.
3. Promotional Usage
a. Mikentosh Visuals reserves the right to use the Images or footage for promotional and marketing purposes, including but not limited to:
Website and portfolio display
Social media marketing and advertising
Printed marketing materials
Promotional videos
Exhibitions and trade shows
Online and offline advertising campaigns
b. The Client acknowledges and agrees that their likeness, image, and any identifiable elements captured in the Images may be used by Mikentosh Visuals without further consent or compensation.
4. Model Release
a. The Client grants Mikentosh Visuals the right and permission to use their likeness, image, and any identifiable elements captured in the Images for promotional and marketing purposes, as described in Section 3.
5. Confidentiality and Privacy
a. Mikentosh Visuals shall exercise reasonable care in protecting the Client's privacy and confidentiality. Personal information and sensitive details shall not be disclosed without the Client's explicit consent.
6. Exclusions
a. The Images shall not be used in any context that is offensive, defamatory, or unlawful.
7. Compensation and Consideration
a. The Client acknowledges that they are not entitled to any compensation, royalty, or payment for the usage of the Images as described in this agreement.
8. Governing Law
a. This agreement shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles.
9. Modifications and Amendments
a. Mikentosh Visuals reserves the right to modify, amend, or update these terms and conditions at any time. Clients will be notified of such changes.
10. Entire Agreement
a. This agreement constitutes the entire understanding between Mikentosh Visuals and the Client regarding the usage of Images and supersedes all prior agreements, oral or written, between the parties.
By engaging in our Photography and Videography Services, you acknowledge that you have read, understood, and agree to abide by the terms and conditions outlined above.
Please retain a copy of these terms and conditions for your records.