Terms
Portrait Session Agreement
Payment & Rescheduling Policy, and Model Release
Last updated: October 4, 2026
This Portrait Session Agreement (the “Agreement”) is legally entered into by and between Reyes Media (“Photographer”) and the individual scheduling the session (“Client”).
By checking the mandatory agreement box on Cal.com, completing the booking workflow, or remitting payment through Cal.com, Client acknowledges that they have read, understood, and unconditionally agreed to all terms set forth herein.
1. Payment in Full & Liquidated Damages
- Payment Requirement: To confirm and secure the date and time on Photographer’s calendar, the total session fee must be paid in full at the time of booking directly through Cal.com. No session date or time is reserved until payment clears in full.
- Liquidated Damages: Client acknowledges that Photographer reserves specific calendar dates and times exclusively for Client, turning away other prospective commercial and consumer clients. Because the exact damages resulting from a last-minute cancellation are difficult or impractical to ascertain, Client agrees that fifty percent (50%) of the total fee constitutes a non-refundable booking retainer and administrative fee, and the remaining fifty percent (50%) covers production preparation. If Client cancels or fails to appear, the full payment shall be retained by Photographer as agreed-upon liquidated damages pursuant to California Civil Code Section 1671, and not as a penalty.
- Payment Dispute & Chargeback Waiver: Client explicitly waives any right to dispute, initiate a chargeback with their credit card company or banking institution, or reverse payments completed through Cal.com for reasons covered by the cancellation, rescheduling, or artistic discretion policies outlined herein.
2. Session Timing, Punctuality & Location Access
- Strict Time Limits: Mini-sessions and golden hour portrait sessions are scheduled in tightly managed blocks tied to natural sun angles. The session begins and concludes strictly at the confirmed booking times.
- Lateness: If Client arrives late, the session will still terminate at the scheduled conclusion time. Shoot time will not be extended, and no prorated discount or partial refund will be provided. Sessions delayed by more than twenty (20) minutes past the scheduled start time due to Client lateness will be treated as an unexcused cancellation (“no-show”), forfeiting the entire fee.
- Permits, Parking & Day-Use Fees: Client is solely responsible for any personal vehicular entrance fees, parking meter fees, or park day-use charges required by municipal, regional (e.g., Mountains Recreation and Conservation Authority / MRCA), or state park agencies at the shoot location.
3. Rescheduling, Weather & Environmental Force Majeure
Client-Initiated Rescheduling
- 72+ hours notice: Client may request to reschedule up to seventy-two (72) hours prior to the session start time at no additional charge. 100% of the payment will be credited toward an alternate session date within ninety (90) days, subject to Photographer’s calendar availability.
- Within 72 hours: Rescheduling requests made within seventy-two (72) hours of the session start time incur a $50 administrative rebooking fee to open an alternate calendar slot.
- One reschedule only: Only one (1) client-initiated reschedule is permitted per booking. A second reschedule request will be treated as a cancellation, forfeiting all monies paid.
Severe Weather & Environmental Conditions
Outdoor landscape sessions are subject to natural conditions. If active precipitation, dangerous lightning, sustained winds exceeding 25 mph, flash flood warnings, or regional wildfire smoke resulting in an Air Quality Index (AQI) exceeding 150 occur at the shoot location, Photographer reserves sole professional discretion to call off the shoot. If called off by Photographer, the entire payment is credited 100% to a mutually agreed-upon rescheduled date within ninety (90) days. Overcast skies, cool temperatures, or patchy fog do not constitute severe weather and are considered ideal shooting conditions.
4. Image Delivery, Culling & Artistic Discretion
- Artistic Style: Client has reviewed Reyes Media’s public portfolio and books with full knowledge and acceptance of Photographer’s creative style, framing, color palette, and editing aesthetic.
- Culling & Non-Delivery of RAW Files: Photographer retains absolute artistic discretion regarding which captures are selected, edited, and delivered. Under no circumstances will unedited, rejected, or RAW files be delivered or made available for viewing.
- Delivery Timeline: Fully edited, high-resolution digital images will be delivered via an online gallery platform (e.g., Pic-Time) within two (2) to three (3) weeks following the session date.
- Client Archival Responsibility: Online galleries are maintained for thirty (30) days from the initial delivery notice. Client is exclusively responsible for downloading, verifying, and creating redundant local backups of all delivered files within this 30-day window. Photographer does not guarantee permanent cloud or local storage of image archives after gallery expiration.
5. Intellectual Property & Personal Use License
- Copyright Ownership: In compliance with Title 17 of the United States Code (Federal Copyright Law), all photographs, digital negatives, and artistic works created during the session remain the exclusive intellectual property of Reyes Media.
- Granted Rights: Client is granted a perpetual, non-exclusive, worldwide, royalty-free license for personal, non-commercial use, including reproduction for family albums, personal prints, and non-commercial social media sharing.
- Restrictions: Client shall not sell, license, enter into commercial contests, or authorize third-party commercial exploitation of the images. Client agrees not to alter, recolor, apply heavy consumer filters (e.g., Instagram filters), or run the images through generative AI editing software in a manner that distorts or misrepresents the professional work of Photographer.
6. Model Release & Promotional Consent
- Commercial Portfolio Rights: Client hereby irrevocably grants Reyes Media the unrestricted, perpetual, worldwide right to display, publish, reproduce, and license photographs of Client and any accompanying minors/participants captured during the session.
- Scope of Use: Permitted channels include, without limitation: Reyes Media’s website, digital/print portfolios, social media platforms, client guides, educational materials, advertisements, and editorial features.
- Authority Over Minors: Client warrants and represents that they are at least 18 years of age and the legal parent or authorized guardian of any minor children participating in the session, with full legal standing to execute this release on their behalf.
- Privacy / Opt-Out Notice: If Client requires strict anonymity and wishes to opt out of public portfolio usage, Client must explicitly submit a written request to Photographer via email prior to the session start time.
7. Assumption of Risk, Waiver & Limitation of Liability
- Assumption of Natural Hazards: Portrait sessions take place in outdoor environments, natural parklands, unpaved canyon trails, and public open space. Client voluntarily acknowledges and assumes all risks associated with outdoor activities, including but not limited to: uneven ground, slips, trips, falls, loose rocks, insect bites, ticks, stinging plants, animal encounters, dirt, burs, and clothing damage. Client assumes complete responsibility for the supervision, safety, and behavior of all participating children and pets.
Express Waiver (California Civil Code § 1542)
Client explicitly waives the protections of California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Client releases, acquits, and forever discharges Reyes Media, its owners, agents, and independent contractors from any and all liabilities, personal injury claims, medical expenses, or property loss arising out of the session.
- Photographer Failure to Perform: In the improbable event that Photographer is entirely unable to perform services due to sudden incapacitating illness, extreme personal emergency, severe equipment failure, or an unforeseen Act of God, Photographer’s entire legal liability to Client shall be strictly limited to a prompt and full refund of all monies paid for the session. Photographer shall have no liability for indirect, incidental, or consequential damages.
8. Governing Law, Venue & Severability
This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the State of California. Any legal claim, arbitration, or proceeding arising under this Agreement shall be initiated exclusively in the state courts situated in Los Angeles County, California. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect. The prevailing party in any action brought to enforce this Agreement shall be entitled to recover reasonable attorney’s fees and taxable court costs.
Electronic Consent & Confirmation
By checking the required box on the Cal.com scheduling page, submitting payment, or participating in the session, I confirm that I am at least 18 years of age, possess the legal authority to bind all participating family members and minors, and agree that my electronic checkmark constitutes an enforceable, legally binding signature under the California Uniform Electronic Transactions Act (UETA) and the federal E-SIGN Act.
Questions? contact@thereyesmedia.com · Book a session