Mario Alfredo
Photography
Terms of Service
Terms of Service for Mario Alfredo Photography (MAPI Consulting LLC)
Last Updated: 10/17/2024
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These Terms of Service ("Agreement") govern your use of photography, videography, and related services provided by MAPI Consulting LLC, doing business as Mario Alfredo Photography ("Company," "we," "us," or "our"). By hiring or using our services, you agree to these terms.
1. Services Offered
We provide a range of photography and videography services, including but not limited to real estate photography, videography, portraiture, headshots, family photography, event photography, wedding photography, architectural photography, interior design photography, and commercial photography.
2. Payment Terms
Full payment is required before the delivery of any photographs or videos.
Accepted Payment Methods: Credit card, direct deposit, Zelle, Venmo, personal check, or cash.
Booking and Deposits: For certain services, especially weddings and events, a non-refundable deposit may be required to confirm the booking. Specific terms regarding deposits will be outlined in separate contracts for these services.
Late Payment: If any invoice is not paid within the stipulated period, we reserve the right to charge a late fee or suspend delivery of images until payment is made in full.
3. Cancellation and Rescheduling Policy
Real Estate Photography:
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Cancellations must be made at least 24 hours in advance. Failure to do so will result in a $25 cancellation fee.
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Rescheduling within 24 hours of the appointment will also incur a $25 fee unless otherwise agreed upon.
Events and Weddings:
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A separate contract will govern the terms for cancellations and rescheduling. Any cancellations or changes must adhere to the contract’s stipulations, including refund eligibility or rescheduling fees.
Company-Initiated Cancellations:
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We reserve the right to cancel any order at any time for any reason. If we initiate a cancellation, the client will receive a full refund.
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We reserve the right to reschedule any session if weather conditions may damage our equipment or compromise the quality of the shoot. No rescheduling fee will be charged in such instances.
4. Delivery of Photographs and Videos
Real Estate and Commercial Services:
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Photos will be delivered digitally via a cloud service within 24-48 hours after the photoshoot.
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Videos will be delivered within 72 hours.
Weddings and Events:
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Images will be delivered within four (4) weeks after the event. Delivery will typically be via a cloud service; however, flash drives can be provided upon request for an additional fee.
Responsibility for Digital Copies:
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Once digital images or videos are delivered, it is the client’s responsibility to download and store them securely. We cannot guarantee replacement of lost files, especially for services rendered more than 60 days prior.
5. Ownership and Licensing of Images
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All images and videos produced by Mario Alfredo Photography are owned by MAPI Consulting LLC. We retain full copyright to all works unless otherwise agreed in writing.
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Clients are granted a limited, non-transferable license to use the images for personal, non-commercial purposes (e.g., portraits, family photos) or for the specific purpose of advertising the property (for real estate clients).
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Any commercial use, sale, or distribution of images requires a separate written agreement and may be subject to additional fees.
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We reserve the right to use images for our portfolio, marketing materials, or website, unless the client explicitly requests in writing that their images not be used for these purposes.
6. Limitation of Liability
Clients agree to assume all risks involved in participating in photoshoots, including but not limited to personal injury or property damage.
Liability Cap:
To the fullest extent permitted by law, our liability for any claim related to the services provided will not exceed the lesser of $100 or the total amount paid by the client for the specific service in question.
Exclusions of Liability:
MAPI Consulting LLC will not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to lost profits, lost data, or any other losses arising from the use of our services, even if we have been advised of the possibility of such damages.
7. Indemnification
Clients agree to indemnify, defend, and hold harmless MAPI Consulting LLC, its subsidiaries, affiliates, and their respective directors, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of:
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Use of our services;
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Violation of these terms or applicable laws;
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Infringement of any third-party rights, including intellectual property rights.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by the client, and the client agrees to cooperate with our defense.
8. Privacy and Data Handling
We take client privacy seriously and handle personal information in accordance with applicable privacy laws.
Data Responsibility: While we take reasonable steps to back up and protect data, clients are responsible for securing any data related to their services, including delivered images or videos. We shall not be held liable for any loss or corruption of client data after delivery.
9. Revisions and Additional Edits
Clients are entitled to two rounds of free revisions on delivered images. Additional revisions or edits beyond this will incur an extra fee, which will be discussed and agreed upon in advance.
Additional Photoshoots: If additional sessions are required due to client requests, these will be billed separately.
10. Dispute Resolution and Governing Law
This Agreement shall be governed by the laws of the State of Arizona. Any disputes arising from these terms or the services provided shall be resolved through binding arbitration in Glendale, Arizona, in accordance with the rules of the American Arbitration Association.
11. Severability
If any provision of this Agreement is deemed invalid or unenforceable, it will not affect the validity of the remaining provisions, which shall remain in full force and effect.