Terms and Conditions

Effective Date: 2024

"These Terms and Conditions ("Agreement") govern the photography and video production services provided by Alejandro Salinas Photography, trading as 'Alperucho.' By booking our services, you agree to the following terms."

1. Scope of Services

1.1 Services Provided

Alperucho provides professional photography and video production services, including but not limited to:

• Event photography and videography

• Promotional content creation

• Corporate videos and interviews

• Post-production services (including editing, sound, and visual effects)

• Photography and video shoots for individuals, businesses, or special occasions.

Specific deliverables, such as the number of edited photos or video length, will be outlined in the project agreement.

1.2 Client Requirements

Clients must provide all necessary permissions, including but not limited to model releases, location access, and any required materials (e.g., logos, props, or models) prior to the shoot. Failure to provide such materials or permissions in a timely manner may result in delays or additional charges.

2. Booking and Payment

2.1 Booking:

To secure our services, a signed contract and a non-refundable deposit of 30% of the total project fee are required. This deposit confirms the booking, the agreed-upon project details, and the pricing. The deposit is non-refundable due to administrative costs incurred at the time of booking.

2.2 Payment:

Full payment is due upon completion of the project, unless otherwise agreed in writing. Payments should be made via Bank Transfer, with the Purchase Number as agreed in the contract clearly referenced in the payment details. All fees are exclusive of taxes, which will be charged at the applicable rate.

2.3 Late Payment:

Payments not received by the due date will incur a late fee of 2-5% per month of the outstanding balance. Additionally, interest will be charged at a rate of 8% per annum above the Bank of England base rate, starting from the due date until payment is made in full. A fixed late payment charge may also apply in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

3. Copyright and Usage Rights

3.1 Ownership

All photos, videos, and other creative works (the "Deliverables") produced by "Alperucho" remain the exclusive intellectual property of "Alperucho" until full payment has been received and cleared. Upon receipt of full payment, ownership of the Deliverables will transfer to the client. Until full payment is made, the client is not permitted to use, distribute, or modify the Deliverables in any form or by any means.

3.2 Usage Rights

Upon full payment, the client is granted a non-exclusive, non-transferable license to use the final photos and videos for the specific purposes agreed upon in writing (e.g., marketing, social media, website). The scope of this license is limited to the agreed-upon usage only, and the client may not sublicense, assign, or transfer the license to any third party without prior written consent from "Alperucho." Any use beyond the agreed-upon purposes requires express, written permission from "Alperucho."

3.3 Portfolio and Marketing Use

"Alperucho" retains the right to use the Deliverables in our portfolio, website, and other marketing materials unless the client explicitly requests in writing that the images or videos not be used for such purposes prior to the start of the project. In the event that the client requests restrictions on the use of specific images or videos, "Alperucho" will consider such requests in good faith and, where possible, accommodate them. However, "Alperucho" reserves the right to use low-resolution versions or portions of the Deliverables that do not disclose sensitive client information.

3.4 Copyright Protection

The client acknowledges that all Deliverables are protected by copyright laws. The client agrees not to infringe on the copyright of any materials provided by "Alperucho" and shall use the Deliverables only in accordance with the terms of this agreement. Any unauthorised use, including but not limited to duplication, distribution, public display, or modification beyond the scope of the granted license, is prohibited and may result in legal action.

3.5 Third-Party Content

If any third-party content (e.g., music, stock footage, or artwork) is incorporated into the Deliverables, "Alperucho" will ensure that it is properly licensed for the intended use. The client shall be responsible for obtaining and paying for any additional rights or licenses required for the use of third-party content beyond the scope of the project.

4. Cancellations and Rescheduling

4.1 Cancellations

Cancellations made 14 days or more before the scheduled shoot will receive a full refund of the deposit. Cancellations made 13 days or fewer prior to the scheduled shoot will result in the forfeiture of the deposit, which is non-refundable. The deposit is non-refundable due to administrative, scheduling, and preparation costs incurred upon confirming the booking. In exceptional circumstances, such as illness or emergencies, we may consider partial refunds or rescheduling at our discretion, provided that reasonable evidence is submitted.

4.2 Rescheduling

We will make reasonable efforts to accommodate rescheduling requests, subject to availability. Rescheduling requests made within 7 days of the scheduled shoot will incur a rescheduling fee of 30% of the total project cost to cover administrative and scheduling expenses. Rescheduling is permitted only once; any further changes may result in additional charges or cancellation of the project at our discretion. If an agreement for a rescheduled shoot cannot be reached, the project will be considered cancelled, and the deposit will be forfeited.

4.3 Emergency or Force Majeure

In the event of unforeseen circumstances or emergencies beyond either party’s control, such as illness, accidents, or extreme weather conditions, we will make reasonable efforts to reschedule the shoot or provide a partial refund, at our discretion. The client must provide documented evidence to support the claim. If rescheduling is not possible, a partial refund may be issued, subject to the nature of the situation and at our sole discretion.

4.4 Legal and Financial Protection

These cancellation and rescheduling terms are governed by and will be enforced in accordance with applicable law. We reserve the right to amend these terms to reflect changes in law or industry standards, but such amendments will not affect existing bookings unless mutually agreed upon in writing by both parties.

5. Client Responsibilities

5.1 Access and Permissions

The client is responsible for providing timely access to all locations necessary for the shoot and ensuring that all individuals (e.g., models) have granted written consent for their participation in photography or video production. The client must provide such consent documentation upon request.

5.2 Material Delivery

The client must deliver all required materials (e.g., scripts, logos, props) at least 15 working days before the scheduled shoot. Failure to deliver materials on time may result in delays, for which the client will be responsible.

6. Limitation of Liability

6.1 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our control, including, but not limited to, illness, accidents, natural disasters, technical failures, or any other unforeseen events.

6.2 Liability

Our liability for any claims arising from the use of our services is strictly limited to the total amount paid for the specific project in question. This limitation excludes any liability for indirect, consequential, or punitive damages.

7. Indemnification

The client agrees to indemnify and hold Alejandro Salinas Photography trading as "Alperucho" harmless from any legal claims, including those related to model releases, intellectual property infringements, or any other claims arising from the use of our photography and video services. This includes covering any associated legal fees or costs.

8. Amendments

These terms may be updated periodically. Clients will be notified of any changes in advance, and the updated terms will be posted on our website. Clients are deemed to have accepted the updated terms upon posting unless they explicitly notify us otherwise within 7 working days.