Terms & Conditions
COOPERATION | THE CLIENT agrees to positive cooperation and communication for the best possible result within the definition of this assignment. Joe Damaso is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Joe Damaso. The photographer is limited by the guidelines of the shooting location’s rules, laws, or management. THE CLIENT agrees to accept the technical results of their imposition on the photographer.
RETAINER | Upon CLIENT’s 50% deposit payment, Joe Damaso will reserve the time and date agreed upon, and will not make other reservations for that time and date. The retainer is applied towards the contracted modeling portfolio package. THE CLIENT understands and agrees that the entire amount owed for the selected shoot package is due on the shooting date.
CANCELLATION | In the event that THE CLIENT cancels the contracted services outlined in this contract before the shoot event takes place, the retainer will be forfeited. Joe Damaso agrees to refund all additional paid money (less expenditures and travel cost for which receipts will be provided), to THE CLIENT. Shoot event cancellation requires at least 2 days notice prior to the shoot to be eligible for a 100% return of your deposit, otherwise deposits are non-refundable.
RIGHT OF WITHDRAWAL | Joe Damaso’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Joe Damaso initiate the withdrawal, all fees will be returned, including retainer.
LIMIT OF LIABILITY | In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Joe Damaso will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Model Release
THE CLIENT represent and warrant that THE CLIENT is at least 18 years of age and have the full legal capacity to execute this release. THE CLIENT have read the above THE CLIENT fully understand the contents thereof. This agreement shall be binding upon THE CLIENT and THE CLIENT’s heirs, legal representatives and assigns.
THE CLIENT hereby assigns and grants Joe Damaso, his legal representatives and assigns, those for whom the photographer is acting, and those acting with his authority and permission for the unrestricted right and permission to copyright and use my name and photographic likeness in all forms and media for advertising, trade, and any other lawful purposes. It is agreed that Joe Damaso may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, magazine advertising and any other legal purpose thought proper by Joe Damaso.
THE CLIENT understand that all shoots/photo sessions include submitting THE CLIENT’s images to various magazines for publication consideration. THE CLIENT may have the option to opt out for this magazine submission.
CLIENT’S RIGHTS THE CLIENT understand that THE CLIENT have usage rights for anything THE CLIENT may have need for provided that THE CLIENT may not profit directly from the use of the images (not including indirect profit as a result of promotional activity) without Joe Damaso’s consent and agreement upon financial compensation where relevant.