The Fine Print of Booking With Me
Effective November 2025
SERVICES & SESSION DETAILS
1.1 Description of Services
Desiderata Design Co. ("Photographer") provides professional photography services including pet portraits, equine sessions, family portraits, senior/graduation photos, milestone sessions, consignment photography, seasonal mini sessions, and branding/business photography. As part of the Services, the Photographer will create photographic materials ("Images") and provide related deliverables ("Work Product"). Images include all photographic material, whether still or moving, created by Photographer and includes transparencies, negatives, prints, or digital files captured, recorded, stored, or delivered in any medium.
1.2 Exclusivity
Client acknowledges and agrees that Photographer will be the exclusive photographer providing the Services unless otherwise agreed to by the parties in writing.
1.3 Session Details
Specific session details including date, time, location, and session type will be confirmed in the booking agreement or invoice provided to Client at the time of booking.
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2. FEES AND PAYMENT
2.1 Session Fees
Session fees vary by session type and are outlined in the service descriptions on the Photographer's website and in booking communications. All fees are subject to applicable taxes.
2.2 Deposit
A non-refundable deposit of 50% of the total session fee is required at the time of booking to reserve the Client's session date ("Deposit"). The Deposit fairly compensates Photographer for committing their time to provide the Services and turning down other potential clients. The Deposit will be credited toward the total fees payable by Client.
2.3 Final Payment
The remaining 50% balance is due at the time of the session, before photography begins. Any payment after the due date will incur a late fee of 5% per month on the outstanding balance.
2.4 Accepted Payment Methods
Photographer accepts cash, Venmo, Zelle, and other electronic payment methods as agreed upon by the parties. I do not directly take credit cards at this time.
2.5 Travel Fees
Sessions within a 45-mile radius of San Antonio, Texas are included in the session fee. Sessions beyond this radius will incur additional travel fees at a rate of $0.75 per mile or as otherwise agreed upon in writing prior to booking.
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3. CANCELLATION & RESCHEDULING
3.1 Deposit Non-Refundable
All deposits are non-refundable. The deposit reserves the Client's date and time, and once booked, that time is unavailable to other clients.
3.2 Client Cancellation/Rescheduling
Client may reschedule their session ONE time without penalty, provided written notice is given at least 48 hours before the scheduled session. Any additional rescheduling requests will result in forfeiture of the Deposit and require a new booking with a new Deposit.
3.3 Weather Rescheduling
Rescheduling due to inclement weather does not count against the Client's one reschedule allowance, provided the weather conditions are approved by the Photographer. The Photographer has sole discretion in determining if weather warrants rescheduling. Weather rescheduling must be initiated at least 24 hours before the scheduled session when possible.
3.4 Photographer Cancellation
If the Photographer must cancel due to illness, emergency, or other unforeseen circumstances and the parties are unable to find a mutually agreeable rescheduled date within 60 days, the Client will receive a full refund of all payments made, excluding the Deposit.
3.5 Replacement Photographer
In the event that Photographer is unable to perform the Services, Photographer may, subject to Client's consent (which shall not be unreasonably withheld), arrange for a qualified replacement photographer to perform the Services in accordance with the terms of this Agreement. If Client does not consent to the replacement, Photographer shall return all fees paid by Client, including the Deposit, and thereafter shall have no further liability to Client.
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4. IMAGE DELIVERY
4.1 Turnaround Time
Fully edited images will be delivered within 2-3 weeks of the session date via a digital gallery through Pixieset. For seasonal mini sessions or during peak booking periods, turnaround time may be extended, and clients will be notified of any delays.
4.2 Sneak Peeks
Upon request, 2-3 sneak peek images can be provided within 3-5 business days of the session.
4.3 Gallery Access & Download Period
Client will have 90 days from the date of delivery to download all images from the Pixieset gallery. After 90 days, the gallery will expire and images may no longer be available. Photographer is not responsible for images not downloaded within this timeframe.
4.4 Number of Images
The specific number of edited images included varies by session type and is outlined in the session description provided to Client at the time of booking. The Photographer has sole discretion over final image selection and editing style.
4.5 Delivery Delays
Photographer shall not be held liable for delays in the delivery of Work Product due to technological malfunctions, service interruptions, or other circumstances beyond the control of Photographer, including delays in receipt of instructions or materials from Client.
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5. COPYRIGHT & USAGE RIGHTS
5.1 Copyright Ownership
Photographer retains full copyright and ownership of all Images and Work Product created during the session. Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable, and sublicensable license to use any materials created by Client or attendees during the performance of the Services that may be protected by copyright or any intellectual property rights as part of any Work Product or in connection with the marketing, advertising, or promotion of Photographer's services.
5.2 Client Usage License - Personal Use Only
Photographer grants Client a limited, irrevocable, royalty-free, non-transferable, and non-sublicensable license to use Work Product for Client's Personal Use only, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product.
"Personal Use" includes, but is not limited to:
- Posting photos on Client's personal social media pages or profiles
- Creating personal items such as scrapbooks, albums, or personal gifts
- Non-commercial physical display in home or personal space
- Personal communications such as family newsletters, emails, or holiday cards
- Printing for personal enjoyment
5.3 Commercial Use Restriction
Client may NOT use Images for any commercial, promotional, or business purposes without prior written approval from the Photographer.
This includes but is not limited to:
- Business websites or advertising
- Commercial social media accounts or business pages
- Printed promotional materials or marketing
- Resale or licensing to third parties
- Any use that generates revenue or promotes a business
To request permission for commercial use, Client must contact Photographer at howdy@desideratadesign.co.
5.4 Image Alterations
Client may not alter, crop, or edit Images in a way that misrepresents the Photographer's work without written permission. Basic cropping for social media formatting or printing is acceptable.
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6. MODEL RELEASE & MARKETING USE
6.1 Photographer's Marketing Use
Client grants permission for the Photographer to use Images from their session for business marketing purposes, including but not limited to:
- Portfolio display
- Website and social media
- Printed promotional materials
- Photography competitions and publications
- Educational purposes
6.2 Opt-Out Option
If Client prefers their Images NOT be used for marketing purposes, Client may notify the Photographer at any time via email at info@desideratadesign.co, and the Photographer will honor this request going forward.
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7. ARTISTIC RELEASE
7.1 Artistic Style & Judgment
Client acknowledges and agrees that:
- Client has reviewed Photographer's previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style. All photos are different, and as such, they may not look exactly the same as references provided.
- Photographer will use artistic judgment when providing the Services and shall have final say regarding aesthetic judgment, editing style, and artistic quality of the Work Product
- Disagreement with Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned
7.2 Consultation
Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions, but maintains final creative control over the Work Product.
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8. ANIMAL & SUBJECT COOPERATION
8.1 Best Effort
The Photographer will make every reasonable effort to capture quality Images during the session. However, the Photographer cannot guarantee specific shots or results, particularly when working with animals or young children.
8.2 Animal Behavior
Client acknowledges that animals and young children may not cooperate during the session. The Photographer is not responsible for an animal or young child's behavior, mood, or willingness to participate. The Photographer will work diligently to capture the best possible Images given the circumstances, but cannot guarantee cooperation from animals or young children.
8.3 No Refunds for Cooperation Issues
No refunds will be issued due to subject or animal non-cooperation. The session fee covers the Photographer's time, expertise, and editing work regardless of subject behavior.
8.4 Safety & Handler Responsibility
Client is responsible for the safe handling and control of all animals during the session. Client should bring appropriate handlers, equipment (leashes, halters, etc.), and take necessary safety precautions. Photographer reserves the right to pause or end the session if safety concerns arise.
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9. CLIENT RESPONSIBILITIES
9.1 Required Consents
Client will ensure that all required consents have been obtained prior to performance of the Services, including any consents required from venues, locales, or other participants in the photo shoot.
9.2 Session Preparation
Client agrees to:
- Arrive on time for the scheduled session
- Have animals clean, groomed, and as prepared as possible
- Bring any props, outfits, or items desired for photos
- Ensure all participants are aware of session time and location
- Obtain any necessary location permits or permissions
9.3 Expenses
Client will be responsible for any travel expenses beyond the 45-mile radius as outlined in Section 2.5 and any other expenses agreed upon in writing.
9.4 Equipment
Client will not be required to supply any photography equipment to Photographer. Photographer will provide all necessary equipment.
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10. LIABILITY & INDEMNIFICATION
10.1 Client Responsibility
Client is responsible for the behavior and safety of all people and animals present during the session. Client agrees to control their animals and guests and ensure the safety of all participants.
10.2 Property Damage
Client is responsible for any damage caused by their animals or guests to property, equipment, or persons during the session.
10.3 Injuries & Assumption of Risk
The Photographer is not liable for any injuries sustained by Client, their animals, or their guests during the session. Client assumes all risk associated with the session activities. Photography sessions, particularly those involving animals, carry inherent risks, and Client voluntarily assumes these risks.
10.4 Client Indemnification
Client agrees to indemnify, defend, and hold harmless Photographer and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to the Services, Work Product, or the actions of Client, Client's animals, or Client's guests.
10.5 Maximum Liability
Notwithstanding anything to the contrary, Client agrees that Photographer's maximum liability arising out of or related to the Services or the Work Product shall not exceed the total fees paid under this Agreement.
10.6 Image Loss or Damage
While Photographer takes reasonable precautions to safeguard Images, Photographer is not liable for Images lost, stolen, or damaged due to circumstances beyond Photographer's control, including but not limited to equipment failure, technological malfunctions, or acts of third parties.
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11. FORCE MAJEURE
11.1 Force Majeure Events
Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance caused by illness, emergency, fire, strike, pandemic, earthquake, extreme weather, or any other conditions beyond the reasonable control of the non-performing party (each a "Force Majeure Event"). The time of performance shall be extended for a period equal to the duration of the Force Majeure Event.
11.2 Extended Force Majeure
If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate this Agreement, and any prepaid fees for Services not performed (other than the Deposit) shall be returned within 15 days of the date of termination.
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12. GENERAL PROVISIONS
12.1 Effective Date & Term
These Terms & Conditions are effective as of the date listed at the top of this document and apply to all sessions booked on or after that date. The agreement between Photographer and Client begins upon booking and continues until the latter of: (i) the date where all outstanding fees are paid in full; or (ii) the date where all final Work Product has been delivered and the 90-day download period has expired.
12.2 Notice
All notices under this Agreement shall be provided via email to howdy@desideratadesign.co for communications to Photographer, and to the email address provided by Client at the time of booking. Notice is effective upon sending.
12.3 Governing Law
This Agreement will be governed by the laws of the State of Texas.
12.4 Amendment
Photographer reserves the right to update these Terms & Conditions at any time. The version in effect at the time of booking will govern that specific client agreement. Material changes will be communicated to existing clients with upcoming sessions.
12.5 Entire Agreement
These Terms & Conditions, together with any booking agreement or invoice, constitute the entire agreement between the parties with respect to the Services and supersede all prior agreements and understandings, both formal and informal.
12.6 Severability
If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect.
12.7 Survival
Sections 5, 6, 7, 10, and 12 will survive termination of this Agreement.
12.8 Acceptance
By booking a session with Desiderata Design Co., Client acknowledges that they have read, understood, and agree to be bound by these Terms & Conditions.
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Questions?
Contact us at howdy@desideratadesign.co
Desiderata Design Co.
San Antonio, Texas