By booking a photography session with Dani Fontanesi (“Photographer”) and paying the retainer fee, you agree to these Terms of Service.

1. Photographer's Services: Photographer hereby agrees to perform photographic services (“Services”) for the individual(s) booking the Services (“Client”) at the location agreed between the parties in writing (“Session”). Photographer  may employ one or more assistants to assist with providing services. Photographer  may, at Photographer’s discretion, edit, optimize, color-correct, enhance, and retouch the images taken at the Session. Unless otherwise agreed between the parties in writing, Photographer shall deliver approximately 50 images to Client within 30 days of the Session.

2. Retainer/Payment: Unless otherwise agreed between Photographer and Client in writing, a non-refundable retainer (that shall be applied toward the total fee for the Services) of 50% of the total fees (“Retainer Fee”) is due upon booking the Services, at which time Photographer  commits to being available to Client on that date. If the retainer fee is not received by Photographer, the Session is not officially booked, and the date is open for other potential clients to book. Final payment of the balance due for the Services shall be made on or before the Session date. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Contract with no further obligation to refund money (including the aforementioned retainer), or to attend the Session.

3. Event Schedule: The client agrees to confirm the schedule one-week prior to the Session. Notification of any changes in schedule or location must be made in writing in a timely manner and confirmation of receipt must be obtained from Photographer by the Client.

4. Copyright: All photographs taken by Photographer  at the Session, in whatever form, are copyright-protected. Photographer grants the Client rights to print and share photos for personal use only. Client may post images on personal websites or social media accounts, with credit to the Photographer, and without alteration of any kind, including but not limited to retouching, color enhancing, cropping, adding text, or adding filters. Except as expressly provided herein, Client shall not copy, scan, reprint, duplicate, or alter the photographs taken by Photographer, without Photographer’s express written permission.

5. Term: The term of this Agreement shall commence upon the payment of the Retainer Fee and shall terminate upon Photographer’s delivery of the final digital gallery to the Client, unless terminated earlier as provided herein, provided that, any terms that by their nature should survive termination, shall so survive, including but not limited to, paragraph 4 (Copyright).

6. 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 7 days prior to event. A $100 rescheduling fee will apply. The rescheduled session must be within six months of the original Session date. If the price for the coverage has increased since the original booking, the Client shall be responsible for paying any price difference. Any client that is late in arriving to the scheduled Session will have the amount of time remaining allotted for that Session.

7. Safety: Photographer  reserves to right to terminate coverage and leave the location of the Events if the photographer or affiliates experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Session; or in the event that the photographer or affiliates reasonably feel unsafe for any reason.

8. Responsibilities: Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer  including but not limited to lateness of the Client, weather conditions, schedule complications, incorrect addresses provided to the Photographer  or restrictions of the locations or backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.

9. Model Release: The Client hereby grants the Photographer the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium as determined by Photographer in her sole discretion; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claims to profits that may arise from use of images. The Client agrees that the Photographer may use images of Client from any portion of the Services for display, publication, or other promotional uses without payment of additional compensation to Client or Client's agents.

10. Limit Of Liability: In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, Photographer 's liability is limited to the return of all payments received for the Session. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE TOTAL FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER  BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER  OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.

11. Capture and Delivery: Photographer will select, in Photographer’s discretion, the images to share with the Client, and Photographer is not required to share or deliver every image taken at the Session. The determination of images delivered to the Client is left to the discretion of Photographer.

12. Post Production And Editing: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. The Client or anyone other than the Photographer may not alter the images in any way. This includes but is not limited to any additional editing, filters, adjustment to black and white, cropping, adding text, etc.

13. Pricing: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.

14. Assignment: This Agreement may not be assigned.

15. Cancellation: If Client requests to amend or cancel this agreement, the Retainer Fee is non-refundable and shall be liquidated damages to the Photographer . The Client shall also be responsible for payment for any of the Photographer’s material charges incurred up to time of cancellation. If the balance is paid in full and the Client decides to cancel the Session, all expenses paid, MINUS the Retainer Fee, will be refunded, only if the Session is canceled within 7 days’ notice from the Session date. Travel expenses paid will not be refunded if the Photographer has already booked travel accommodations and cannot be refunded. Permits or material charges purchased by the Photographer will not be refunded. In the event that the Client fails to show or cancels this agreement less than 7 days prior to the date of the Session, all payments made to the Photographer shall be forfeited. Any monies paid by Client will NOT be refunded due to Client's error, unless otherwise stated in writing at time of cancellation. In the unlikely event that the Photographer must reschedule, Photographer will work with Client to find a rescheduling date. If the Photographer and Client are not able to agree on a new Session date, all monies paid by the Client will be refunded.

16. Force Majeure: Neither party will be liable for failure or delay to perform obligations under this Contract, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include, without limitation, natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. The parties hereby agree, when feasible, not to cancel but to reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist. If rescheduling the Event is not possible, the Photographer  reserves the right to keep the non-refundable retainer fee.

17. Dispute Resolution: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

18. Applicable Law: This Contract will be governed by and construed in accordance with the laws of the state of California.

19. Entire Agreement: This agreement contains the entire understanding between Photographer  and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.