Terms & Conditions B2B

This agreement is between Fernando Lugo Photography ("the Photographer") and the business booking the services described herein ("the Client").1. Booking and DepositA deposit of 50% of the total project value is required to confirm your date. This amount will be applied toward the total project price.The date is not considered reserved until this deposit has been received.2. Payment, Financial Responsibility and Add-OnsYou confirm that you are the authorized holder of the payment method provided (credit/debit card, Zelle, PayPal, Venmo, wire transfer, or other accepted method), or that you have explicit permission from the holder to complete this transaction.Chargeback Policy: The Client acknowledges that, by accepting this agreement, they expressly authorize the charges corresponding to the deposit and payments described herein. This authorization may be presented as evidence in the event of a chargeback dispute related to the Client's satisfaction with the creative style or artistic quality of the work delivered, or in the event that the Client alleges that the service was not delivered as agreed upon in this document.In the event of a late cancellation or rescheduling pursuant to Section 3, the Client acknowledges that any amount retained by the Photographer constitutes agreed-upon compensation for the date reservation, the time allocated, and the resulting loss of opportunity to accept other projects during that time — and not a charge for services not rendered. This agreement may be presented as evidence of said authorization in any chargeback dispute related to amounts retained under Section 3.This clause does not limit the Client's right to dispute unauthorized charges, billing errors, or duplicate charges with their financial institution.Additional Services and Add-Ons: Any additional service or material contracted during the project — including but not limited to additional hours of coverage, extended video duration, extra prints, additional printed menus, flyers, menu holders, menu sheets, purchase of ingredients, props, or supplies needed for the session — must be paid in full prior to delivery. Outstanding balances for additional services or materials will delay the delivery of all contracted content until full payment has been received.Additional Production Expenses: If the Photographer purchases ingredients or materials needed to complete the session on behalf of the Client, such amount shall be reimbursed along with the final project payment. The final payment will include the agreed-upon balance plus any travel expenses incurred to make the session possible (mileage, gas, lodging, vehicle rental, among others), always discussed and agreed upon with the Client before the contract is finalized. This travel expense policy does not apply within a 30-mile radius of Shreveport-Bossier City, considered a local zone at no additional charge.3. Cancellation and ReschedulingIf the Client cancels the project entirely (without rescheduling), 25% of the total project value will be retained, regardless of the amount of notice given, not to exceed the deposit actually paid. The remaining balance will be refunded to the Client.If the Client reschedules the date with at least 7 days' notice, the deposit is kept in full and applied to the new agreed-upon date, at no penalty. Rescheduling is subject to the Photographer's availability and may only be requested once.If the cancellation or rescheduling is requested with less than 72 hours' notice, the Photographer will retain the greater of 25% of the total project value or $500 USD, not to exceed the deposit actually paid. The remaining balance of the deposit, if any, will be refunded to the Client.If the cancellation or no-show occurs on the same day as the scheduled session, the Photographer will retain the greater of 35% of the total project value or $500 USD, not to exceed the deposit actually paid. The remaining balance of the deposit, if any, will be refunded to the Client.If the Photographer must reschedule due to unforeseen circumstances, a new date will be offered at no additional cost.Self-Service Cancellations: The Client may cancel or reschedule a confirmed booking at any time using the link provided in the booking confirmation email. Cancelling a booking through the scheduling platform only removes the reserved date and time from the Photographer's calendar — it does not process, trigger, or guarantee any refund. All refunds, when applicable, are reviewed and issued manually by the Photographer in accordance with this Cancellation and Rescheduling policy.4. Late Arrival and No-ShowClients who arrive late will have their session time reduced accordingly.Failure to arrive for the scheduled session (no-show) will result in forfeiture of both the session and the deposit.It is the Client's sole responsibility to ensure that their team (staff and materials) is ready, informed, and available at the agreed-upon location, date, and time for the session. If the team or the products/materials needed are not prepared upon arrival, extending the session time will depend on the Photographer's availability at that moment and does not constitute an obligation. Delays caused by the Client's lack of preparation may result in additional charges for extra session time, calculated at the Photographer's hourly rate in effect at the time of the project.5. Weather PolicyOutdoor sessions may be rescheduled due to unsafe or unsuitable weather conditions at the Photographer's discretion. No penalties will apply for weather-related rescheduling.6. Packages and DeliveryEach package includes the specific number of edited images, video deliverables, dishes/products photographed, locations, session time, and/or coverage as described at the time of booking.Delivery: Final images and/or videos will be delivered via a Google Drive folder, digital download link, or other delivery method selected by the Photographer.The shared folder or gallery will remain available for 30 days, and it is the Client's responsibility to download and back up all files within this timeframe. The Photographer is not responsible for file storage or recovery after the access expiration date.Delivery timelines are agreed upon specifically in each project's proposal, based on the amount and type of content contracted. Video delivery timelines depend on the length of the final video, editing complexity, editing quality, and total workload, but will not exceed 30 days unless otherwise agreed in writing.When video is included, the Photographer may deliver a version with the selected music and/or a social-media-friendly version with royalty-free music, licensed music, platform-approved audio, or no music, depending on the selected package and availability.Printed Products and Materials: When printed products — such as printed menus, flyers, banners, or other materials — are included as part of the package or purchased as add-ons, production and delivery timelines may vary depending on the third-party printing lab, design approval process, shipping carrier, mail delays, holidays, weather, or other circumstances outside of the Photographer's control.The Photographer is not responsible for delays caused by printing labs, shipping carriers, postal services, customs, incorrect shipping information provided by the Client, or any other third-party production or delivery issue. Estimated delivery times for printed products are not guaranteed. Digital photo and/or video delivery timelines are separate from printed product production and shipping timelines.7. Image SelectionThe Photographer will select the best images from the session for editing and delivery. For video services, the Photographer will select the clips, moments, and footage used in the final edited video. Additional images, clips, or edits may be available for purchase.8. Editing PolicyBy booking a session or project, the Client authorizes the Photographer to edit, retouch, color correct, crop, adjust, and otherwise process the photos and/or videos captured during the session, according to the Photographer's professional judgment and artistic style.Standard photo editing includes color correction, exposure adjustments, composition refinements, cropping, and minor blemish removal. Video editing may include color correction, audio adjustments, clip selection, sequencing, transitions, music, titles, and other standard post-production work as determined by the Photographer.The following are not included and may incur additional fees:• Substantial reconstruction or alteration of dishes/products in post-production
• Complex background edits
• Extensive retouching
• Advanced visual effects
• Re-editing, alternate edits, or changes based on personal preference after deliveryRAW Files: Unedited RAW files, project files, unedited video clips, and working files will not be delivered under any circumstances.Music and Copyright Notice: Video edits may include music selected by the Photographer, provided by the Client, or requested by the Client. The Client understands that popular, copyrighted, or commercially released music may not be cleared for public posting on social media platforms, including but not limited to Instagram, TikTok, Facebook, YouTube, and others.If the Client requests the use of a music track, typeface, stock image, or any other copyrighted element that requires a license or purchase for its legal use in the project, the cost of said license or purchase shall be borne by the Client and must be paid before the incorporation of said element into the final project.If the Client directly provides music, images, fonts, or other elements for use in the project, the Client warrants that they hold the necessary rights or licenses for their use, and shall be responsible for any copyright claim arising from the use of said elements.The Photographer is not responsible for copyright claims, muted audio, blocked videos, takedown notices, monetization restrictions, account penalties, or any other platform action resulting from the use of copyrighted music requested by the Client.When requested or available, the Photographer may provide a social-media-friendly version using royalty-free music, licensed music, platform-approved audio, or no music, so the Client can add music directly through the social media platform. Any additional music changes or alternate versions may incur an additional editing fee unless included in the selected package.Graphic Design and Text Elements: Some videos, presentations, reels, or other delivered products may include graphic design elements such as titles, names, dates, captions, typography, layouts, transitions, decorative elements, or text overlays.The Client authorizes the Photographer to design and include these elements according to the Photographer's professional judgment and artistic style. Unless otherwise stated in the selected package, custom graphic design revisions, text changes after approval, alternate designs, or additional design versions may incur additional fees.9. Creative ControlThe Photographer retains full creative control over the session or project, including but not limited to lighting, composition, angles, clip selection, sequencing, pacing, music selection, transitions, and final photo and/or video editing style, except in cases where the Client requests a specific element (such as a music track) as described in Section 8. Final delivered images and/or videos reflect the Photographer's artistic vision and style.10. Artistic Style, Client Satisfaction and RefundsThe Client acknowledges that photography, videography, and design are artistic, creative, and subjective services. By booking a project, the Client confirms that they have reviewed the Photographer's portfolio, editing style, color treatment, composition, and overall artistic approach, and understands that the final delivered images and/or videos will reflect the Photographer's professional judgment and creative style.The Photographer does not guarantee that the Client will like every image, video clip, angle, edit, color treatment, or creative decision. Subjective dissatisfaction, personal preference, or a change in taste after delivery does not qualify the Client for a full or partial refund.The list of products, dishes, or elements to be photographed/recorded is the Client's responsibility, whether or not it has been previously discussed with the Photographer. During the consultation or pre-session meeting, the Photographer may suggest ideas and options, but the final decision and execution of said list rests solely with the Client and their team — not the Photographer.Graphic Design Projects: For projects that include graphic design (menus, flyers, branding, or other design materials), the process includes a first delivery ("V1") based on what was discussed in the initial meeting with the Client. The Client may request one round of corrections on this V1, which will be applied to produce the final version ("V2"). Additional corrections beyond this included round may incur additional charges, based on the Photographer's current rates.Once the session or project has been completed and the final images and/or videos have been delivered, all payments are non-refundable, except in the case of a total failure to deliver the agreed services as described in this agreement.If the Client believes there is a technical issue with the delivered files, such as missing files, corrupted files, or a clear editing/export error, the Client must notify the Photographer in writing within 7 days of delivery. The Photographer may, at their discretion, correct technical issues. Additional edits, re-edits, alternate editing styles, or changes based on personal preference may incur additional fees.11. Image Rights and Usage RightsPhotographer's Rights: The Client grants the Photographer the irrevocable right to use the resulting images and/or videos, including video clips, reels, highlight videos, and behind-the-scenes content, for portfolio, social media, marketing, and educational purposes, including photography and video courses or workshops. The Client waives any right to additional compensation.Client's Rights: The Client receives a full commercial use license for the delivered content, including paid advertising, delivery platforms (DoorDash, Uber Eats, etc.), printed and digital menus, business social media, printed materials, signage, and any other commercial use related to the operation of the Client's business.The resale of the content to third parties unrelated to the Client's business, or the substantial alteration of the content presenting it as the work of another creator, is prohibited without written consent from the Photographer.12. Location and PermitsThe Client is responsible for any fees, permits, or entrance tickets required for the chosen session location. The Photographer is not responsible for sessions interrupted due to lack of necessary permits. The Client is responsible for confirming whether photography, video recording, audio recording, lighting, tripods, or other production equipment are allowed at the selected location or venue.13. Conduct and MinorsInappropriate, unsafe, abusive, sexually explicit, or discriminatory behavior (including racist or offensive conduct) will result in immediate termination of the session without refund.Minors under 18 must be accompanied by a parent or legal guardian at all times during the session.Commercial Use of Images of Minors: When the project includes the photography or recording of minors, it is the Client's sole responsibility to obtain the explicit written consent of the minor's parent or legal guardian for the commercial use of their image, prior to the session. The Photographer is not responsible for claims arising from the lack of parental consent for the commercial use of a minor's image.

14. Limitation of LiabilityThe Photographer is not liable for circumstances beyond their control, including but not limited to weather conditions, equipment failure, memory card failure, audio issues, poor lighting conditions, venue restrictions, blocked views, third-party interference, timeline delays, lack of access to specific moments, or other unforeseen events.In the event of a total failure to deliver services, liability is limited to a refund of payments made.15. Force MajeureNeither party shall be held liable for failure to perform due to natural disasters, illness, emergencies, or government restrictions. In such cases, the session will be rescheduled to a mutually agreed-upon date and location at no additional cost.16. JurisdictionThis agreement shall be governed by the laws of the state in which the session takes place (Texas, Arkansas, or Louisiana), and any dispute shall be resolved in the courts of Caddo or Bossier Parish, Louisiana.17. Project Scope: Dishes/Products, Locations and DurationEach package is priced and designed based on a specific number of dishes/products to be photographed or recorded, locations (including branches, in the case of chains), and session duration, as described in the proposal or package description at the time of booking.If additional dishes, products, or elements not included in the original scope are requested — even during the session itself — an additional fee will apply, based on the Photographer's rates in effect at the time of the project. This fee will be communicated to the Client as soon as the Photographer becomes aware of the additional content requested, and must be paid before, during, or immediately after the session. Outstanding balances for additional content will delay delivery of all contracted material until full payment has been received; content will not be delivered while a balance remains unpaid.The same applies to locations or branches beyond what is included in the selected package: each additional location will incur an additional fee, communicated to the Client under the same terms.Each session has a maximum allotted time based on the selected package. Sessions that run beyond this time due to additional content or additional locations may be shortened to stay within the Photographer's schedule, or extended at an additional hourly rate, subject to availability and communicated to the Client in advance when possible.If the additional fee is not agreed to or paid, the Photographer reserves the right to limit coverage to the originally booked scope (number of dishes/products and locations).18. SeverabilityIf any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.19. Entire AgreementThis document, together with the written project proposal, constitutes the entire agreement between the parties and supersedes any prior verbal communication or agreement.20. Acceptance of TermsBy selecting "I agree" and completing the booking, the Client represents and warrants that they are at least 18 years of age, have the legal capacity to enter into this agreement, and have the authority to act on behalf of the business they represent and commit the payments described herein. The Client further confirms that they have read, understood, and agreed to all terms and conditions outlined above.