Terms and Conditions a.k.a. "The Contract"

You, are hiring Shawn Beltran, LLC to provide services such as photography, videography, 3D imaging or virtual tours, for the agreed upon estimated project costs plus any additional fees provisioned for in this contract, or agreed upon by you at the time of booking. 

Terms 

"I" "We" "Us" "Our" refers to Shawn Beltran, LLC "You" "Your" refers to you as the client of Shawn Beltran, LLC

1. Responsibilities 

a. As our client, you are stating that you have the power, and ability to enter into this contract on behalf of yourself, your company, or your organization. You agree to provide information about your project(s) in a timely manner to help facilitate successful completion. 

b. You also agree to secure us access to spaces to be photographed BEFORE the scheduled appointment so that we may successfully complete the work you have hired us for. 

As a matter of respecting our schedules and availability we have the following policies in place: 

c. Properties to be photographed will be free from people (other than collaborators) and pets; pets may also be secured in a space that is out of view and that we do not need to access to complete our job (terrariums, fish tanks etc. can be in view at your discretion as long as their inhabitants are secured within). 

d. We have a strict policy for late or last minute cancellations. The fees are as follows: 

   Appointments changed or canceled by the client MORE THAN 72 hours before the scheduled appointment time will not be subject to a fee.

   Appointments changed or canceled by the client within 72 hours of the scheduled appointment time will result in a charge of no less than $500. If you have already pre-paid more than $500 for your appointment, we may, at our discretion, refund any amount over $500.

     We may, at our discretion, waive this policy. We will evaluate the circumstances surrounding the schedule change on a case by case basis to determine if the fee can be waived. This policy is in place to protect us from repeat offenders of last minute schedule changes, thereby keeping the overall costs of services lower for you, our clients.

e. If you would like any specific shots captured during your appointment you should be on site to collaborate throughout the shoot, or those shots should be clearly communicated in writing (email or text message) to us at least 24 hours before the appointment. This ensures that the proper photographic equipment is present at the appointment. Services added on within this 24 hour window may require a separate appointment to be booked, based on equipment and/or photographer availability. 

f. We are not cleaners, stagers, or movers. As such, please make sure that either you or your assign are on site to perform such tasks at the time of the shoot, or that it has all been done ahead of time so that we may work as efficiently as possible.

We may, at our sole discretion, waive any of these policies. Please reach out if you need a photo readiness guide to share with your clients, or if you need quality referrals for cleaners, movers, pet services, or local entertainment ideas to assist in keeping to these policies. For project(s) involving related expenses in excess of $50, you agree to be invoiced for reimbursement of said expenses, and for local travel over 50 miles from zip code 80226, you agree to pay $1.50/mi, or $100/hr of mapped travel time, whichever is higher. Travel, accommodations, and per-diem expenses will be booked and invoiced for appropriately when travel is not considered local. We use the fastest (not shortest distance) route available from Google Maps.

Along the way we will endeavor to meet all the deadlines set but we cannot be responsible for a missed launch date or a deadline if you have been late in supplying materials, or site access; or have not approved or signed off on our work, on-time, at any stage. In addition, both sides agree to confidentiality of materials. 

2. Revisions 

a. You agree to review our work, provide feedback and sign-off approval or refusal within 48 hours of receiving any proof(s). Deadlines work two ways, and you will also be bound by any dates that are mutually agreed upon by us and you. 

b. You will have the opportunity to make TWO(2) rounds of post production (Lightroom/Photoshop etc.) revisions; within the scope of the original project(s). Anything deemed outside of the scope of the original project(s) will require a new project(s) and fee. As an example, for commercial work this is often reflected in the final cost per image for post-production and licensing; for video work this is typically in the form of the post-production fees.

c. In some cases a reshoot can be performed at no cost to you; for example, if there is negligence in regards to file handling on our part that results in loss of your images before final delivery. 

3. File Delivery 

a. Files will be delivered in an appropriate digital format. Custom packages are delivered to you by email with a download link; Hosted content will be provided by way of emailed URL and/or embed code. 

b. We will give you a copy of all files and you should store them safely; although we are not required to keep them, we do keep a copy of all files for one year. 

c. Retrieval of archived files (after one year of storage) takes significant time and effort, and we incur costs for pulling data from cold storage. As such, requests for files created more than one year ago will incur a cost for the time and effort to retrieve and redeliver them of $125/hr with a one hour minimum.

4. Delays 

a. You agree to give us more time if key persons of our team become ill, are injured, or project(s) are delayed because of events beyond our control, like: fire, theft, equipment and/or computer failure, and/or natural disasters etc. 

b. While we endeavor to keep a tight schedule and be on-time for every appointment, there are times when appointments run late, travel between appointments is less than ideal, and/or vehicle failure can cause delays. 

You agree to secure us site access for a period of time reasonable enough that any such delays can be accounted for. In exchange we agree to communicate any such delays as soon as they are recognized so that you may work with your clients to accommodate changes in timing. If such delays occur that require us to change your appointment completely we will do so at no extra cost to you. 

5. Termination 

a. We have the right to terminate this agreement immediately, and any work in progress, at any point for (but not limited to) 1. failure on your part adhering to any of our stated policies, 2. failure to meet proper due dates, 3. failure to provide proper files, 4. failure to provide proper access, 5. for any means of unbecoming conduct (communication, respect and/or other business practices). 

6. Copyrights 

Upon final payment, copyright is assigned as follows: You have non-exclusive license to the project and other visual elements that we create. You have a perpetual license to reproduce the visual elements of your project using any medium of your choice intended for local viewership, for the purpose of advertising and/or promotion. You may also use the work we create for you to enter design awards and/or for featured publications and PR. In fact, we encourage it and are available to coach you on how to do so.

Additional licensing is necessary for paid advertising, promotions, or distribution with national, global, or universal viewership. Such licensing may only be granted in writing, and must be signed by both parties.   

The following terms apply to all types of work we may do for you:

1. You may not transfer this license to any other party. *We do provide multi-party licensing options for projects that will be used by more than one party. Please inquire about pricing for your project if you feel you may need or want to share the final files we deliver. 

2. We do not grant you the right to give or resell our work, or any derivative works, to anyone, at any time, for any reason whatsoever except as outlined in this agreement.  

3. We DO grant you the right to crop photographs for the purpose of creating a pleasing arrangement of either a single image, or collection of images. 

4. You may not alter our work in any way, or create derivative works, except as outlined in this agreement. 

5. You understand that all media belong to us, and we have the right to complete, exhibit, and/or sell them. 

6. We always reserve the right to display, and link to, your completed project(s) as part of our portfolio, and to write about the project(s) on web sites, in magazine articles and in books. 

7. We retain copyright for all work we produce with no exceptions. Any statement to the contrary must be in writing and signed by both parties.

7. Travel, per-diem, and extra expenses

Some jobs require travel outside of our home service area and sometimes those jobs will require us to bill for additional expenses such as travel, per-diem, photographic assistants, or other expenses. We will disclose this before booking, and you will have the chance to review and agree to, any estimated extra expenses that we are able to predict, before signing this contract and/or paying a deposit.

You will not get a surprise bill for extra expenses so long as we are able to contact you before incurring such expenses. An example of a time you may not be able to pre-approve an additional expense would be if we arrive to a shoot and have to pay a large parking fee, or unusually high toll in order to perform our duties as they relate to your project, that was not previously agreed upon.

8. Payments 

We typically require a minimum 50% deposit to reserve your booking; any remaining balance will be due before final file delivery. For jobs where expenses are billed after the shoot, you will be sent a separate invoice for those expenses that will be due within 14 days of receipt of the invoice.

We currently use Stripe for payment processing and invoicing. Once your first payment is processed, Stripe should tokenize your payment method and save it for future use. Unless you specify a need to use a different form of payment from the one used to pay your deposit, we will attempt to process payment for any remaining balance of your open invoice(s) when they are due. Generally this will be as soon as you give final approval on your project files so that we can facilitate speedy delivery of your files to you.

Under special circumstances we may at our discretion allow payment to be made at a later time, but it should never be assumed by you that we will allow it.

9. Late Fees 

There are rarely instances when late fees apply. However, should the need arise, we have the following late fees that will be applied to late invoices: 15 days = 10% penalty; every 10 days following = +5% penalty. 

Fine Print 

You can not transfer this contract to anyone else without our express written permission. This contract stays in place and needs not be renewed. Although the language is simple, the intentions are serious and this contract is a legal binding document under the exclusive jurisdiction of the United States Courts. We reserve the right to change these terms at any time.