Terms and Conditions
Terms and Conditions of Allie Serrano Portraits
Please read these Terms and Conditions (“Terms”) carefully. The following is a legal agreement between you (“user”) and Allie Serrano Portraits (defined below), which governs your use of Products and Services (defined below) obtained by purchase through this website at allieserranoportraits.com, or any related domains or subdomains (the “Site” or “the Studio”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Allie Serrano Portraits LLC, doing business as Allie Serrano Portraits.
“Products” referred to by these Terms include but are not limited to: images, videos, fine art, wall portraits, forms, photoshoot, communications, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Allie Serrano Portraits, LLC. All such Products are the intellectual property of and are owned by Allie Serrano Portraits, LLC.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue the use of Allie Serrano Portrait’s Products immediately.
Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
What We Do
Allie Serrano Portraits, LLC is a resource through which you may obtain portrait photography services, purchase fine art products, and other photography-related services.
Artistic Control
You are hiring Allie Serrano Portraits for our artistic ability
Privacy Policy
Allie Serrano Portraits, LLC permits you to control the management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: http://allieserrano.com/privacy-policy/ which is incorporated herein by reference.
Allie Serrano Portraits, LLC will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.
Allie Serrano Portraits, LLC will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Allie Serrano Portraits, LLC is the sole manager of such information collected on the Site. Allie Serrano Portraits, LLC will use such information to respond to you as necessary. You grant Allie Serrano Portraits, LLC a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
Affiliate Links
Links on the Site may be affiliate links controlled by parties other than Allie Serrano Portraits, LLC to help support the maintenance of the Site. Allie Serrano Portraits, LLC does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Allie Serrano Portraits, LLC from any loss or damage incurred from dealing with such affiliate.
Stock Photography, Music, and Intellectual Property License
The Studio retains all Copyright of images and video captured during the photoshoot experience
Stock photography may be used on the Site – all images are being used under license through the company providing the stock images. Stock music may be used on the site – all music is being used under license through the company providing the stock music and audio.
Allie Serrano Portraits, LLC owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Allie Serrano Portraits’ services, and; (d) any other intellectual property rights afforded to Allie Serrano Portraits, LLC, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Allie Serrano Portraits, LLC does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.
All photographic materials, including but not limited to negatives, transparencies, proofs, previews, and files, shall be the exclusive property of the Studio. All orders must be placed as agreed upon. No products, including digital files, will be released until the agreed-upon amount is paid in full per the payment schedule. The Studio shall retain copyright ownership of all works created, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Studio.
So long as you comply with this Terms of Use, Allie Serrano Portraits, LLC grants you a non-exclusive, non-transferable license to download, view, copy and use the Products you purchase solely for your personal use or similar business use, which is not to include any reproduction, copying, or any other use of the Products or downloadable material for resale or distribution (“Permitted Use”), provided that you:
- Abide by all Contract and Releases you signed and were available to you during purchase or download of the Products
- Abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
- Abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law
- Do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
- Do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Allie Serrano Portraits, LLC is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Allie Serrano Portraits will not reimburse you for such downloads. Allie Serrano Portraits, LLC will, one time, at your request, send a 24 hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Allie Serrano Portraits, LLC.
Booking and deposit
The Studio must have a non-refundable 1,250 deposit ($2,500 for weekend and holiday bookings and $625 for headshots) no later than 14 days prior to the scheduled photoshoot and to secure the photoshoot date and time
To secure the specified date and time for your photoshoot, it is imperative that you remit the booking deposit in the amount of $1,250 ($2,500 for weekend or holiday bookings and $625 for headshots and mini sessions). This deposit is mandatory to confirm your chosen date and to preemptively prevent any potential schedule conflict from other clients. The retainer must be settled no later than 14 days prior to the scheduled photoshoot, contingent upon the availability of the chosen date. The Studio reserves the prerogative to engage with another client should the retainer not be received within the stipulated timeframe.
Furthermore, this deposit serves the purpose of reserving and compensating the time of the makeup artist, a photo assistant, and the selected photoshoot location. Additionally, it covers the photographer’s time allocated for planning the photoshoot, encompassing consultations, wardrobe styling, and project planning pertinent to the photoshoot. It is explicitly emphasized that the deposit is non-negotiable for cash substitution. All deposits are non-refundable and will be applied towards your final invoice. Any supplementary travel fees are also due at this time.
cancelling and Rescheduling
The Studio must have at least 14 days’ notice prior to rescheduling a photoshoot
Once your non-refundable deposit is paid and the photoshoot date and time is secured, the Studio will reserve and hold that time for the Client. If a Client needs to reschedule, and the Studio receives a notice at least 14 days before the photoshoot, the deposit paid will then be applied and transferred to the new photoshoot date in full. If you cancel within less than 14 days of the scheduled time, miss, or cancel your appointment, the initial amount shall be forfeited, we will charge a cancellation fee of $250, and the Client will pay a new deposit during any future bookings. The deposit will expire within 1 year and must be used within 12 months of issue.
Force Majeure Event
Events beyond reasonable control
In case of a Force Majeure event (for example, a natural disaster, act of war or terrorism, riot, labor condition, governmental action, or other unforeseen emergencies) that was beyond the party’s reasonable control, we will work with you to reschedule your photoshoot. The deposit will then be applied to the new photoshoot date in full. The Client must provide sufficient and valid proof of force majeure within 7 days of force majeure. Once causes for such exemption of liabilities are rectified and remedied, each Party agrees to resume the performance of this Agreement with best efforts.
invoices and Payments
The Client must make all payments before any images and products are released by the Studio. No changes after the order is placed.
After the photoshoot is completed, the Client and the Photographer will meet either in person or via Zoom to review and select the best images from the photoshoot. At this time, the Client will select any products, product collections, Wall Art, and add-on items, the final product invoice will be finalized, and the invoice due. A payment arrangement is available upon request at the discretion of the Studio. Both the Client and the Studio will agree on the payment terms at this time.
The client agrees to pay in full the agreed-upon invoice total for products before receiving any products. This may include digital images, wall art, folio boxes, and more. Once an order has been placed as agreed upon, the Studio is unable to cancel any order and is considered non-cancelable, non-returnable, and non-reschedulable.
We only share the images you approve
The Studio agrees to keep any images private upon a specific Client’s request
During your image review session, you will select images you love and want to buy. Once you are paid in full, the selected and finalized images will be given to you via an online gallery and upon request via a USB Drive. During your image review session, you, the Client will have the opportunity to select which images, if any, you disagree with not being shared on social media, our website, and other marketing materials. Unless specifically stated, all images and may be published at the discretion of the Studio.
Failure to Perform
In the case of illness, emergency, or causes beyond the control of the Studio
If the Studio is unable to perform the agreed-upon services or deliver products due to illness, emergency, fire, casualty, strike, or causes beyond the control of the Studio, the Studio and the Client shall make every attempt to reschedule the session. If a reschedule cannot be agreed upon, the Studio shall return the retainer to the Client and shall have no further liability.
Travel fees and overage fees
The Client agrees to pay any additional travel and overage fees for photoshoots more than 30 miles from the Studio.
For on-location shoots more than 30 miles from the Studio, a travel fee will be applied to cover transportation costs, mileage, and time. This fee will be discussed and agreed upon prior to the photoshoot and will be included in the final invoice. If the location requires additional travel expenses such as airfare or lodging, those expenses will be invoiced separately and must be paid in full at the time of booking.
Idemnification
The studio shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events.
Use of an Independent contractor
In the event a Photographer furnishes a hair and/or makeup artist, the Studio is not liable for any application or services by this Independent Contractor. This includes but is not limited to, allergies as a result of the use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
CONTACT
By using the Site and entering personal information, you give Allie Serrano Portraits, LLC permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e- mail, please let Allie Serrano Portraits, LLC know by emailing us at allie@allieserranoportraits.com and we will kindly refrain from doing so.
RETURN/REFUND POLICY
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
NO WARRANTIES
Products are provided “As Is”. Allie Serrano Portraits, LLC offers no warranty, explicit or implied, regarding any forms or templates outside of what is stated in a Contract or a Release signed by you and provided to you. The accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
Obtaining materials available through the site is done at your own discretion and at your own risk. Allie Serrano Portraits, LLC makes no warranty that the site, products or materials will be accurate and reliable in all instances.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Except as prohibited by law, Allie Serrano Portraits, LLC shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or loss profits or any other damages, costs or losses arising out of your use of the website, images, art, materials or products, including attorney’s fees and related expenses of litigation and arbitration. Except as prohibited as law, to the extent there is liability found as to Allie Serrano Portraits, such recovery is limited to the amount you paid for materials, products and services.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Florida. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Tampa, FL. Allie Serrano Portraits, LLC reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Allie Serrano Portraits, LLC’ products, materials and services.
Any questions regarding the above Terms may be directed to: allie@allieserranoportraits.com
All rights reserved © Copyright 2043 Allie Serrano Portraits, LLC
Book Your Photoshoot Today
I invite you to get photographed with Allie Serrano Portraits. This photoshoot will change your life and the portraits we will capture of you will last you a lifetime.
Allie Serrano
Hi, my name is Allie Serrano. I am a professional portrait photographer. I have worked with many top-producing realtors and other business owners all over Florida and beyond. I am excited to photograph you and capture incredible magazine-quality images for your feature and for your personal business use.
Want to know more? See more About Me here.
And don’t forget to follow me on Instagram @AllieSerranoPortraits