Terms of Service

All sales subject to sales tax.


Session Information
1. The retainer fee is non-refundable and due at the time of booking. Remaining selection fee is due at the time of the session. Retainer fee covers the time and talent of the Photographer and does not include prints, digital files or products. Upon payment of the retainer fee, Photographer will reserve the time and date agreed upon.
2. A travel fee may be incurred for location shoots done over 30 miles from zip code 61244.
3. Cameras or recording devices are prohibited during the session.
4. Clients are responsible for their own safety and actions while at the location of the photography session. Photographer is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session.
5. If anyone should fall ill, contact the Photographer as soon as possible to reschedule the session. A new date must be discussed and decided upon with the photographer within 1 week or retainer fee will not be transferable. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the session. 
6. If the Photographer cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, and Photographer is unable to reschedule the session, then the Photographer shall return any deposit or session fee to the client but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order.

Proofing and Ordering
7. If Client is dissatisfied with the digital images, notice must be sent to the photographer within 24 hours of the download of the digital images. A re-shoot may be scheduled, solely at the discretion of the Photographer, as quickly as reasonably possible, and all images from the first digital download will be deleted. Re-shoots will not be offered due to parties not cooperating, as well as and hair or wardrobe choices.
8. Within approximately two to three weeks of your session, an email will be sent of the downloadable digitals of edited images. Images are selected and edited at the Photographers' discretion. The artist reserves the right to edit and release only those images deemed credible as professional in quality and within the Photographers' artistic standards.
9. Simple fixes, such as crops and blemish removal may be completed at the Photographer's discretion. More extensive retouching is done at a fee of $30 an hour.
10. Please examine all images in your gallery thoroughly. Due to the custom nature of photography, refunds are not available. I do not give out unedited or RAW files. I do not give out unedited or RAW video files.
11. Images are kept on file by Photographer for 3 months after the photography session. Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, Photographers shall not be liable for any loss of digital data whatsoever. 
12. No part of any order, including previews, will be delivered until the balance is paid in full.

Limit of Liability for Client 
Client will be responsible and assumes the risk of all damages or injuries to their pet(s), themselves and participants in the session including any interaction between pet(s) participating, all destruction of personal, business or public property, or personal injury before proceeding, during and immediately following a session, specifically including the risks associated with on-location sessions. Any breakage or damage to the Photographer’s equipment is the sole financial responsibility of the client to replace equipment. Know your own, other participants, and/or pet’s behavior and limitations before bringing them to any public area. Please disclose any behavioral or aggression issues before your session at the consultation. 

Notice of Copyright
It is illegal to copy or reproduce these photographs or videos elsewhere without photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties, starting at $500.00 per image. The included images may not be entered into contests, sold, copied, scanned, or used commercially in any format, digital, printed or otherwise. The images may not be used in any form other than private usage without express written permission from the copyright owner, Wesly Jackson-De La Rosa. Wesly Jackson-De La Rosa retains all publication and general reproduction rights for these images.

I ("Client") hereby grant to Wesly Jackson-De La Rosa ("Photographer") and his employees, legal representatives, transferees and assigns, the irrevocable and unrestricted right to use and publish photographs of me and the people listed above, or photographs in which I or the people listed above may be included, for editorial, trade, advertising, commercial, publicity, illustration and any other lawful purpose and in any manner and medium; to alter the same without any restriction; and to copyright the same for Photographer's sole and exclusive use and benefit. I hereby release Photographer and his employees, legal representatives, transferees and assigns from any and all claims and/or liability relating to said photographs. I further release Photographer and his employees, legal representatives, transferees and assigns from any and all claims and/or liability relating to all photography sessions.

This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.

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