You will be expected to sign a copy of the contract with these terms and conditions prior to the beginning of your photo session.

1. Deposit and Payment. The Client shall make a deposit of 50% to retain the Photographer to perform the services specified. Until payment is received your session time and date is not secure. The 50% deposit is not a refundable fee, but may be transferable. At such time as this order is completed, the deposit shall be applied to reduce the total price and Client shall pay the balance due. All orders shall remain the property of MG phos until full payment has been made. Orders cannot be separated for collection or delivery unless paid for in full. If the Client fails to pay any order within fourteen 14 days of notification of completion, the order shall be in default and MG phos shall charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance. In addition, Client acknowledges that no future orders will be processed until the Order is paid in full. If the Client has not paid in full by 60 days of notification of completion, a SA debt collector agent shall contact the Client before legal action takes place.

2. Cancellation. If the Client shall cancel this Agreement 15 or more calendar days before the session date, any deposit paid to MG phos shall be refunded in full. If Client shall cancel within 14 days of the session date and if the Photographer does not obtain another assignment for that time, the photographer shall retain the deposit.

3. Orders. The Client shall have access to an online gallery with the best images from the photo session. These images are unable to be printed in high print quality. MG phos requires an email address to send the details of the gallery. All orders must be confirmed in written email and accompanied by full payment. Telephone orders require written email confirmation with payment before the order can be processed. The online gallery will remain viewable for 15 days from the time the Client is given access to it. The Client MUST places the print order within that time. A fee of $50 will apply to reload the online gallery past the 15 days.

4. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, digital files, proofs, contact sheets and previews, shall be the exclusive property of MG phos. MG phos shall make proofs and previews available to the Client for the purpose of selecting photographs as finished prints, digital contact sheets, web site or CD-ROM.

5. Copyright and Reproductions. MG phos shall own the copyright in all images created and shall have the exclusive right to make reproductions. It is illegal, unethical, and punishable by law to scan, copy or reproduce these images in any manner or medium. MG phos 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, or for display within or on the outside of the Photographer’s studio, or the MG phos website or facebook page, with the purpose of promotional advertising of MG phos. If MG phos desires to make other uses, MG phos shall not do so without first obtaining the written permission of the Client.

6. Client’s Usage. The Client is obtaining prints and/or digital images for personal use only, and shall not sell any prints or authorize any reproductions thereof by parties other than MG phos. The Client is not permitted to alter images. The Client is not allowed to display digital images on a Facebook, Picassa, Kodak, Twitter, or any other online galleries unless the MG phos’s copyright is visible and the following referral is displayed: Image © MG phos • mariagabrielagonzalez.com. If Client is obtaining a print or digital file for reproduction, MG phos authorizes the Client to reproduce only under Special Usage Requirements for PERSONAL USE ONLY. The Client is not permitted to use the images for commercial purpose, sale them to third parties, for photographic competitions or display. Even though the photographs portray the Client, MG phos still owns the copyright of the images due to the fact that MG phos uses it’s photographic skills and abilities to create such high quality depict.

7. 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 the Photographer’s illness, then MG phos 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, MG phos shall not be liable for any amount in excess of the value of the Client’s order.

8. Photographer. The Photographer may substitute by another photographer to take the photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, MG phos warrants that the photographer taking the photographs shall be a competent professional.

9. Inherent Qualities. Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases MG phos from any liability for any claims what so ever based upon fading or discoloration due to such inherent qualities. Clients are aware that there may be slight colour differences between what they view on their home computer compared to what is printed. Client is aware that computer calibration varies from each computer monitor display.

10. MG phos’s Standard Price List. The charges in this Agreement are based on the MG phos’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

11. Photo sessions are a time to relax and have fun. Parents are requested to treat their children with respect and not to demand them to “perform” for the camera. If there is any aggressive behavior towards the children, or the photographer, MG phos reserves the right to end the session immediately.

12. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in written 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.