Our Process - How We Work

Addendum To Agreement To Conduct a Photographic Session

Explanation of Details Contained in the Agreement

How It works

1. Youreserve a date with your booking fee. This is a non-refundable deposit of $50. You will receive agreement forms needing your signature.
2. When we receive your returned fully signed agreement forms with your minimum deposit, you will securely reserve the date of the photoshoot. In any case, the minimum deposit is required 3 days before the photoshoot.
3. We will begin discussions in preparation for the photoshoot. You may wish to pay any additional amount in the interval. However, full payment for our services is due on arrival of the photographer(s) on the day of the photoshoot. Then, the photography session commences.
4. The photographers will upload digital copies of your photo on our proofing site for your review. The approved copies will be edited and processed according to the agreement.

Thanks for considering DallasFoto.com

Terms to note:

• Booking Fee (BF): Administrative fees for making a reservation.
• Sitting or Session Fee (SF): Secures the physical appearance of photographers.
• Minimum Deposit: The minimum amount of money that must be deposited before we proceed to the shooting location or you can be allowed into our studios.
• You Deposit: The total amount you choose to pay towards the final bill.
• Balance Due: The money required at a minimum to be paid before the photo session begins.

Estimating Photo Session Payments

Event	Booking Fee	Session Fee	Min. Deposit	Total Due	Your Deposit	Balance Due
Portrait 1	$50	$200	$150	$250
Portrait 2	$50	$350	$150	$400
Portrait 3	$50	$450	$150	$500
Meeting /Wedding1	$50	$1450	$275	$1500
Meeting /Wedding2	$50	$3450	$575	$3500
Wedding3	$50		(15%SF + 50)
Meeting3	$50		(15%SF + 50)
Modelling	$50		(15%SF + 50)
Product	$50		(15%SF + 50)

Others:

Transportation, Hotel,

TERMS & CONDITIONS AGREEMENT

Definitions

The Photographer

DallasFoto.com Photography for Adtools Concepts.

The Client

Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

Proof

Samples of all edited photos, in which DallasFoto.com (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either DallasFoto.com Photography’s logo, watermark, or proof stamp. All full sessions include 50 proofs, assigned mini-sessions include 15 proofs or as otherwise agreed to in other signed documents. Such other agreements supersede this general provision.

Sitting Fee

Price including all “non-tangible” portions of the photography session. This includes but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot.

Preparing

includes but is not limited to time e-mailing, setting up studio (bringing out necessary props, reconfiguring lighting for shoot, sanitizing props that may be used with newborns and children, and so on).

During Shoot

Session fee for newborns always includes a block of 3 hours for the shoot.

Standard Sessions in studio up to 2 hours, Standard Sessions on-location includes travel time.

Post-Production

Each photo takes approximately 20-30 minutes in post processing. Every full session commonly includes 20-50 edited proofs, mini-sessions include 10-15 edited proofs. This also includes time spent setting up Client’s online gallery and personalized shop.

Also included in the session fee is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, beanbag poser, props, camera, lenses, and editing equipment).

Digital Purchases

High-resolution digital copies of the final images. When purchased, Client receives license Royalty-free for personal use. The owner ("Owner, the Photographer") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including:

• using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file;
• distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products;or
• using the Work as part of a trademark, service mark or logo.

Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws of The State of Texas or any other territory designated by Owner, now or in the future.

Booking and Rescheduling

The $50 booking deposit, required of all sessions, is nonrefundable. The minimum deposit is also not refundable once arrive for the photo session or we proceed to the shooting location, except for rain dates for outdoor sessions. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the original scheduled session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot. You will receive a credit for the minimum deposit. Full payment is not refundable once photo session is complete.

Sole Photographer During Session

During your photography session with DallasFoto.com Photography representatives of Adtools Concepts, (the Photographer) will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of photo session.

Sharing in Social Media

It is understandable that the Client may want to post their new photographs online through the Internet on other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that DallasFoto.com is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images DallasFoto.com has uploaded to social media or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark. You are permitted to click the “share” button on any photos posted to DallasFoto.com Photography’s social media pages. Sharing can NOT be done through screen shots of online photos on or the Proofing gallery. All such images shall bear the watermarks of DallasFoto.com.

Proofs and Ordering

Your portraits will be available on DallasFoto.com Photography’s website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 4 to 6 six weeks after the date of the session. Proofs will be available for three months and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $75 will be incurred. Upon receipt of payment your gallery will be live for 14 days.

Edits

DallasFoto.com reserves the right to edit and release only the images that are deemed creditable as professional in quality and within DallasFoto.com Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of baby acne, rashes, and accidental last-minute scratches, bumps, etc. DallasFoto.com does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $75 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to:

• removing unwanted facial hair,
• adding hair to balding head,
• changing hair color,
• changing shape of nose, eyes, body, etc.

It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, to mention a few in final photos.

All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct.

Once again, edits are solely made by DallasFoto.com Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.

Copyright and Reproductions

The entire copyright in the Photographs is retained by the Photographer (DallasFoto for Adtools Concepts) at all times and in all places throughout the world. DallasFoto.com (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.

Deposit and Payment

The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the session for the service to be provided. DallasFoto.com accepts cash, checks, and all major credit cards. A $100.00 fee will be imposed for any returned checks.

Payment details will be supplied with our invoice in addition to any other more convenient method of payment that the Client may advise. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms.

If payment is not made in accordance with above then the photographer may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment of Commercial Debts (Interest) Act and the Fair Credit Reporting Act.

If any invoice issued to the Client is not paid by the due date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that DallasFoto.com Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

A fee of $250 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

The photographer reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, the photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.

Expenses

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client or the Advertiser, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown as having been agreed or estimated. DallsFoto.com shall bear the cost of travel to photography session location if it is within 50 miles driving distance of 9350 Skillman Street, Dallas, Texas 75243. Otherwise, the Client will be responsible for the costs of first-class transport and four-star hotel accommodation for three agents of DallasFoto.com (the Photographer) to reach the location, during the event and one-day after the event.

Client’s Usage

The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.

Client is never permitted to edit or alter any photo that is copyright of DallasFoto.com Photography.

Inherent Qualities

Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that DallasFoto.com Photographer suggests printing from professional printing labs such as BayRoes in order to receive highest quality prints.

Failure to Perform

If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. 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.

Portrait Care

Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.

Safety

DallasFoto.com reserves to right to terminate coverage and this contract and leave the location of the event(s) if the photographer representing DallasFoto.com experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.

Severability

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

Miscellaneous

This Agreement incorporates the entire understanding of the parties. 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. This Agreement shall be governed by the laws of the States of Texas and the United States of America.

Dallasfoto.com for Adtools Concepts, July 2023