GENERAL POLICIES
A. INVESTMENT FEE: CLIENT AGREES TO PAY PHOTOGRAPHER A NON-REFUNDABLE RETAINER FEE OF $--- (AMOUNT VARIES BASED ON THE TYPE OF SESSION) BEFORE THE SESSION STARTS. THIS FEE IS SUBTRACTED FROM THE TOTAL PAYMENT OWED BY CLIENT UPON COMPLETION OF THE SERVICES, AND HOLDS THE TIME AND DATE OF THE SESSION FOR THE CLIENT.
B. LOCATION COSTS & FEES: IF THERE ARE ANY COSTS/FEES ASSOCIATED WITH THE LOCATION THE CLIENT HAS CHOSEN FOR THEIR SESSION, YOU, THE CLIENT, WILL BE RESPONSIBLE FOR THOSE FEES. THE PHOTOGRAPHER WILL NOT GUARANTEE OR ARRANGE ANY PAYMENT ON ANY LOCATION. CREATIVE FEE COVERS TRAVEL WITHIN 45 MINUTES OF THE LUBBOCK CITY LIMITS. ANY LOCATION OUTSIDE OF THESE LIMITS WILL BE SUBJECT TO AN ADDITIONAL CHARGE OF $0.55/MILE AS PART OF THE AGREEMENT.
C. CANCELLATION/LATE POLICY: BY AGREEING TO A SESSION WITH DANIE DALYN PHOTOGRAPHY & DESIGN CLIENT INCURS AN OBLIGATION TO APPEAR AT THE SCHEDULED TIME FOR THE SESSION. THERE WILL BE A 15 MINUTE GRACE PERIOD. CLIENT FORFEITS THEIR SESSION AND A $25 LATE FEE WILL BE ADDED. FOR ANY CANCELLATION OF A SCHEDULED SESSION BY CLIENT., CLIENT MUST INFORM PHOTOGRAPHER OR DANIE DALYN PHOTOGRAPHY & DESIGN AT LEAST 24 HOURS PRIOR TO SCHEDULED SESSION. CLIENT FORFEITS INVESTMENT FEE AND SESSION FEE IF CLIENT CANCELS WITHIN THE 24 HOUR PERIOD AND WILL NOT BE REFUNDED.
D. PHOTOGRAPHER OR DANIE DALYN PHOTOGRAPHY & DESIGN RESERVES THE RIGHT TO RESCHEDULE DUE TO ILLNESS, WEATHER, EQUIPMENT MALFUNCTION, OR OTHER CIRCUMSTANCES BEYOND THEIR CONTROL. RESCHEDULING DUE TO INCLEMENT WEATHER IS UP TO DANIE DALYN.
E. PROOFS: PROOFING OF CLIENT’S IMAGES, NOT APPLICABLE TO WEDDINGS AND EVENTS, WILL BE AVAILABLE FOR VIEWING WITHIN 1-4 WEEKS AFTER THE SESSION DATE IN AN ONLINE GALLERY. PASSWORD-PROTECTION CAN BE REQUESTED.
F. ORDERING: DUE TO THE CUSTOM NATURE OF EACH SESSION, ALL SALES ARE FINAL AND NON-REFUNDABLE. CLIENT MUST BE ABSOLUTELY SURE OF THEIR PURCHASE PRIOR TO THE END OF YOUR ORDERING SESSION, AS PRINT ORDERS ARE PLACED TO OUR PROFESSIONAL LAB WITHIN ONE TO TWO (1-2) BUSINESS DAY(S) AFTER YOUR ORDER IS SUBMITTED TO PHOTOGRAPHER OR DANIE DALYN PHOTOGRAPHY & DESIGN.
G. ARCHIVE: ALL IMAGES WILL BE AVAILABLE FOR ONLINE VIEWING OR ORDERING FOR ONE (1) MONTH FOLLOWING CLIENT GALLERY OPENING DATE. AFTER ONE (1) MONTH, ALL IMAGES WILL BE PURGED FROM PHOTOGRAPHER’S HARD-DRIVE, EXCEPT AS NEEDED FOR PROMOTIONAL PURPOSES, TO BE DETERMINED BY PHOTOGRAPHER AT PHOTOGRAPHER’S SOLE DISCRETION. PHOTOGRAPHER IS NOT RESPONSIBLE FOR LOSS OR DAMAGE TO THE ORIGINAL DIGITAL NEGATIVE OR EDITED FILES DUE TO CIRCUMSTANCES BEYOND PHOTOGRAPHER’S CONTROL.
H. PAYMENT: ALL PAYMENTS ARE DUE IN FULL UNLESS PAYMENT ARRANGEMENTS HAVE BEEN MADE. ORDERS WILL NOT BE PROCESSED UNTIL PAYMENT IN FULL IS RECEIVED. IF CLIENT HAS ARRANGED A PAYMENT PLAN, ORDER WILL BE PLACED AFTER THE FINAL PAYMENT HAS BEEN RECEIVED.
I. DAMAGE: PHOTOGRAPHER IS NOT RESPONSIBLE FOR THE DAMAGE OF PORTRAITS AFTER DELIVERY TO CLIENT, INCLUDING DAMAGE CAUSED DURING TRANSIT BY UNITED STATES POSTAL SERVICE OR ANY OTHER MAIL CARRIER. CLIENT ASSUMES ALL RESPONSIBILITY FOR THE SAFETY OF ALL PORTRAITS UPON RECEIPT. ALL PORTRAITS SENT VIA UNITED STATES POSTAL SERVICE CAN BE INSURED AND REQUIRE DELIVERY CONFIRMATION UPON CLIENT’S REQUEST AND AT CLIENT’S EXPENSE.
J. MODEL RELEASE: PHOTOGRAPHER KINDLY ASKS THAT ALL CLIENTS SIGN THE MODEL RELEASE SO THAT PHOTOGRAPHER MAY DISPLAY THE IMAGES FROM THEIR SESSION ON PHOTOGRAPHER’S WEBSITE, WWW.DANIEDALYN.COM, COMPANY FACEBOOK PAGE, INSTAGRAM OR ANY OTHER SOCIAL MEDIA PLATFORMS CHOSEN, AND FOR USING FOR MARKETING/PROMOTIONAL/ ADVERTISING PURPOSES.
K. LIABILITY: PHOTOGRAPHER IS NOT RESPONSIBLE FOR ANY INJURIES INFLICTED UPON ANY PARTICIPATING PARTIES. CLIENT(S) WILL BE RESPONSIBLE FOR THEIR CHILDREN AND FOR THEMSELVES AND RELEASE PHOTOGRAPHER FROM ANY CLAIMS AGAINST THEIR PERSON OR THEIR BUSINESS.
L. COPYRIGHT & PENALTY: DANIE DALYN PHOTOGRAPHY & DESIGN RETAINS ALL COPYRIGHTS TO ALL IMAGES CREATED DURING CLIENT’S SESSION. A PRINT RELEASE MAY BE PURCHASED WITH DIGITAL FILES TO PRINT PORTRAITS FOR PERSONAL USE UP TO DESIGNATED SIZE LISTED ON PRINT RELEASE. IT IS ILLEGAL TO COPY, SCAN, DOWNLOAD, PRINT, SHARE, OR ALTER ANY IMAGE CREATED BY DANIE DALYN PHOTOGRAPHY & DESIGN DURING CLIENT’S PHOTO SESSION.
M. INDEMNIFICATION: THE PHOTOGRAPHER SHALL BE HELD HARMLESS FOR ANY AND ALL INJURY TO CLIENT DURING THE COURSE OF THE PHOTOGRAPHY SESSION AND THE IMMEDIATELY SURROUNDING EVENTS.
N. WAIVERS: THE WAIVER OF ANY BREACH OF THIS CONTRACT SHALL NOT CONSTITUTE A CONTINUING WAIVER OR A WAIVER OF ANY SUBSEQUENT BREACH OF THE SAME OR A DIFFERENT PROVISION OF THIS CONTRACT.
O. ATTORNEY’S FEES: IF EITHER PARTY TO THIS CONTRACT BRINGS A LEGAL ACTION AGAINST THE OTHER PARTY TO THIS CONTRACT TO SECURE THE SPECIFIC PERFORMANCE OF THIS CONTRACT, COLLECT DAMAGES FOR BREACH OF THIS CONTRACT, OR OTHERWISE ENFORCE OR INTERPRET THIS CONTRACT, EACH PARTY SHALL BE RESPONSIBLE FOR THEIR OWN REASONABLE ATTORNEY’S FEES AND ALL COSTS, PREMIUMS FOR BONDS, FEES, AND OTHER EXPENSES EXPENDED OR INCURRED IN THE ACTION IN ADDITION TO ANY OTHER RELIEF THAT MAY BE AWARDED.
P. ALL & ANY SESSIONS SCHEDULED WITH DANIE DALYN PHOTOGRAPHY & DESIGN MUST HAVE A SIGNED AGREEMENT AND FULL SESSION PAYMENT BEFORE ANY PORTRAITS WILL BE TAKEN.
Q. CANCELLATIONS: THERE SHALL BE NO REFUND OF THE RETAINER. ANY AND ALL PAYMENTS TOWARD THE BALANCE ARE NON-REFUNDABLE ONCE PAID. ANY AND ALL CANCELLATIONS MUST BE IN WRITING BY EMAIL.
R. RETOUCHING: SHOULD ANY IMAGE REQUIRE ADDITIONAL RETOUCHING, THE FIRST 3 IMAGES ARE FREE, ANYTHING AFTER THAT IS CHARGED OUT AT MY HOURLY RATE OF $225/HR (NOTE: RETOUCHING WILL BE DONE AT THE DISCRETION OF THE PHOTOGRAPHER, NO REQUEST HAS GUARANTEED APPROVAL.)
S. RUSH IMAGERY: DEPENDING ON THE TIME OF YEAR, PHOTOGRAPHER OR DANIE DALYN PHOTOGRAPHY & DESIGN RESERVES THE RIGHT TO NOT OFFER RUSH IMAGES OR A BUMP IN THE LINE. TIME FRAMES CAN VARY DEPENDING ON THE TIME OF YEAR.
PRIVACY POLICY
Protecting your private information is our priority. This Statement of Privacy applies to www.daniedalyn.com and Danie Dalyn Photography & Design and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Danie Dalyn Photography & Design include www.daniedalyn.com and Danie Dalyn P&D. The Danie Dalyn P&D website is a Photography & Design site. By using the Danie Dalyn P&D website, you consent to the data practices described in this statement.
Collection of your Personal Information In order to better provide you with products and services offered on our Site, Danie Dalyn P&D may collect personally identifiable information, such as your: - First and Last Name - Mailing Address - E-mail Address - Phone Number
If you purchase Danie Dalyn P&D's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Danie Dalyn P&D may also collect anonymous demographic information, which is not unique to you, such as your: - Age - Gender
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information Danie Dalyn P&D collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Danie Dalyn P&D may also use your personally identifiable information to inform you of other products or services available from Danie Dalyn P&D and its affiliates.
Sharing Information with Third Parties Danie Dalyn P&D does not sell, rent or lease its customer lists to third parties.
Danie Dalyn P&D may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Danie Dalyn P&D, and they are required to maintain the confidentiality of your information. Danie Dalyn P&D may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Danie Dalyn P&D or the site; (b) protect and defend the rights or property of Danie Dalyn P&D; and/or (c) act under exigent circumstances to protect the personal safety of users of Danie Dalyn P&D, or the public.
Tracking User Behavior Danie Dalyn P&D may keep track of the websites and pages our users visit within Danie Dalyn P&D, in order to determine what Danie Dalyn P&D services are the most popular. This data is used to deliver customized content and advertising within Danie Dalyn P&D to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information Information about your computer hardware and software may be automatically collected by Danie Dalyn P&D. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Danie Dalyn P&D website.
Use of Cookies The Danie Dalyn P&D website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Danie Dalyn P&D pages, or register with Danie Dalyn P&D site or services, a cookie helps Danie Dalyn P&D to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Danie Dalyn P&D website, the information you previously provided can be retrieved, so you can easily use the Danie Dalyn P&D features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Danie Dalyn P&D services or websites you visit.
Links This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under Thirteen Danie Dalyn P&D does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications From time to time, Danie Dalyn P&D may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Danie Dalyn P&D, you may opt out of such communications by Clicking Unsubscribe in their email, or contacting daniedalyn.info@gmail.com.
Changes to this Statement Danie Dalyn P&D reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information Danie Dalyn P&D welcomes your questions or comments regarding this Statement of Privacy. If you believe that Danie Dalyn P&D has not adhered to this Statement, please contact Danie Dalyn P&D at:
Danie Dalyn Photography & Design Lubbock, Texas 79424 Email Address: daniedalyn.info@gmail.com
Effective as of January 01, 2020