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Session Terms

In accordance with standard professional photography, videography and entertainment provider practices, Fotility Photography & Videography and its Clients hereby adhere to the following terms for all session engagements.

Billing Rates

Fotility Photography & Videography proudly offers the following, competitive professional photography and videography rates (unless otherwise pre-negotiated or offered and reflected on your booking invoice):
NOTE: ALL rates listed below are our current sales rates as of May 08, 2024.

Real Estate Services

Up to 15 HDR photos, $149.95, no square footage limits, delivery by 3p the following day.
Up to 30 HDR photos, $194.95, no square footage limits, delivery by 3p the following day.
Up to 45 HDR photos, $299.95 no square footage limits, delivery by 3p the following day.
Photo Enhancements (object removal, fillers, blemish corrections, etc.) – Starting at $10/photo, depending on client requests
Matterport 3D Tours – $149.95 for up to 2000 sq/ft, includes 60 day hosting
Matterport 3D Tours – $199.95 for up to 3000 sq/ft, includes 60 day hosting
Matterport 3D Tours – $299.95 for up to 5000 sq/ft, includes 60 day hosting
Matterport 3D Tours – $499.95 for up to 10000 sq/ft, includes 60 day hosting
Rush Orders $25 – Delivery by 9a the following day.
Cancellations within twenty-four hours of a scheduled shoot shall be charged $49.95

ALL Other Photography & Videography Services

All photography rates are $299.95/hour, with a one hour minimum. We guaranty delivery of a minimum of 25-30 edited photos per hour, and usually over deliver. Our hourly photography rates factor in time for professional photo editing, and provide for a MAXIMUM delivery of 60 edited photos per hour. Additional final, edited photos may be purchased for $10/photo.
ALL Videography rates are $399.95/hour, with a two hour minimum due to the amount of equipment we use and the standard number of final edited videos we provide
Extended Video lengths (final videos longer than 45 minutes) can be purchased in 20 minute increments at $249.95/increment
Additional photography hours (added on the day of the event) are $349.95/hour
Additional videography hours (added on the day of the event) are $449.95/hour
Product photography is on a case by case basis, depending on product, quantities, in-studio, lifestyle, etc.

Travel Charges

A $75/flat fee will be added for EACH location change that requires us to drive to the new location. Any and all transportation time between locations will be deducted from the booked session time.
A $50/flat fee will be added for EVERY 25 mile increment BEYOND our standard coverage area of a 50 mile radius from 92126.

All photography and videography rates are ALL INCLUSIVE, so the only additional charges our clients may incur are travel charges and/or venue access/parking fees on the day(s) of your shoot. For photography bookings, all contracted session times, professional photo editing (i.e. blemish touchup, teeth whitening, light skin airbrushing, object removal, etc.), and a password protected link to view and download your high resolution digital images are included in our flat rates. NOTE: Other than the immediate wedding party, we DO NOT provide individual subject editing (i.e. grandparents, aunts, uncles, friends, guests, etc.) for ANY EVENTS. For videography bookings, all contracted session times, multiple cameras (one stationary and one roaming), separate audio, and professionally edited, high-definition videos are included in our flat rates. Additional charges apply for 4K videography requests. ALL photography and videography bookings exceeding four (4) hours are performed with multiple (at least two) team members, as this is our standard policy.

Deposit & Retainer

ALL photography and videography sessions MUST be paid in full PRIOR to the scheduled session, EXCEPT events (including weddings). ALL photography and videography event (including weddings) sessions require a 25% deposit due immediately upon booking to hold the session date, with the remaining balance due no later than fourteen (14) days prior to the session date. All deposits made are a non-refundable deposit and retainer. In the event of cancellation, the deposit and retainer paid by Client to Provider is non-refundable. It shall be liquidated for damages to the Provider in the event of a cancellation, or breach of contract by the Client. No session date is reserved until a deposit and retainer from the Client is received. The deposit and retainer shall be applied towards the total cost of the service(s) to be rendered by Provider. If final payment is not received from Client, the Provider will not be expected to attend the session.

Session Coverage

Coverage will begin at the mutually agreed upon start date and time, and continue for up to the number of hours purchased, contiguously, unless otherwise specified and agreed upon by both parties in writing. From time to time, circumstances beyond our control may require that we conclude our shoot time shorter than what was booked (i.e. children’s demeanor, unexpected weather conditions, etc.).

Drone Restrictions

As fully licensed and insured FAA Drone Pilots, Fotility adheres to all local laws, rules and regulations governing commercial drone flight zones. Prior to booking drone services from Fotility, we strongly recommend that all clients verify that their location does not contain any restricted drone flight zones. To check your location, please click here.

Videography Restrictions

Full videos lengths are capped at 40-45 minutes in total length, highlight reels are capped at 3-5 minutes and social media reels are capped at 1 minute. These restrictions take into consideration file size and video editing time. Additional 20 minute increments can be added to the full video at the clients request for a nominal charge (see pricing above).
If clients have purchased add-on videos (i.e. eulogies), each add-on video is restricted to two (2) minutes in length, or ten (10) minutes in total. These restrictions take into consideration file size and video editing time.

Change of Date or Venue

Fotility Photography & Videography (individually and collectively hereinafter referred to as the “Provider”), must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Provider in writing or via email.
ALL rescheduling (change of date) of any real estate services (photos, Matterport tours, drone services, etc.) MUST be requested at least twenty-four (24) hours PRIOR to the scheduled booking. Any rescheduling of real estate services requested less than twenty-four hours of the scheduled booking shall be subject to a fee of $34.99.

Cancellation

There shall be no refund of deposit and retainer after the booking of the session and the reservation of the session date. If the Client cancels the session within fourteen (14) days of the session date, the Client shall pay 25% of the remaining session balance due to the high probability that the Provider will not be able to further book that date.
ALL cancellations of any real estate services (photos, Matterport tours, drone services, etc.) MUST be requested at least twenty-four (24) hours PRIOR to the scheduled booking. Any cancellations of real estate services requested less than twenty-four hours of the scheduled booking shall be subject to a fee of $34.99.

Failure to Perform

The parties agree to cheerful cooperation and communication for the best possible result during the session. Due to the limited and subjective nature of each session, the Provider cannot be held responsible for Client requested photographs and/or video not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Provider is not responsible for lost photo and/or video opportunities due to other cameras or flashes, the lateness of the clients or other principles, or obstruction of decorations at the event. It is acknowledged that any lists submitted to the Provider will be used for organizational purposes only and in no way represent photography or videography that will actually be produced. The Provider will do its best to fulfill all requests but can make no guarantees all images and/or video will be delivered. The Provider recommends that the Client point out important individuals for informal or candid photographs and/or video to the Provider during shooting that they wish to have photographed and/or videographed. The Provider will not be held accountable for not photographing and/or videographing desired people if there is no one to assist in identifying people or gathering people for photographs and/or video. The Provider is not responsible if key individuals fail to appear or cooperate during photography and/or videography sessions or for missed images due to details not revealed to the Provider.

Exclusive Provider

The Provider and/or any sub-contractors hired by the Provider to photograph and/or videograph shall be the exclusive photographer(s) and/or videographer(s) retained by the Client for the purpose of the professional photography and/or videography. Family and friends of the clients and other event vendors shall not interfere with the Provider’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

Expenses

Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Provider and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

Meals

Since the Provider is unable to leave the session, meal(s) are required for ANY AND ALL sessions lasting 4 hours or longer for the Provider AND all of Provider’s sub-contractors on site during the session. If no meal is provided, it is understood that the Provider may need to leave the session to purchase a meal.

Garments

The Provider cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.

Creative License

Images and videos are culled (selected) and edited at the Provider’s discretion, and delivered images and/or video may not include all images and/or video shot. The Provider reserves the creative rights to edit and release only those images and/or video deemed creditable as professional in quality and within the Provider’s artistic standards.

Force Majeure

If the Provider or its assigns cannot perform their assignment due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Provider shall return any moneys paid by the Client, less retainer fee and expenses, and Provider shall have no further liability with respect to the session. This limitation of liability shall also apply in the event that photographic and/or videographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Provider. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

Returned Payments

Returned payments by Client are subject to a $50.00 returned payment fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Retakes

Having been hired OVER 4,917+ times, Fotility Photography & Videography is proud of it’s reputation and stands firmly behind the quality of work it provides. Fotility will happily offer retakes at no charge for any issues resulting from items that we control, such as focus, professional lighting, and photo and/or video editing. However, Fotility DOES NOT OFFER FREE RETAKES for issues related to items outside of our control, such as weather, how our clients look and/or feel in their photos and/or videos, etc.

TFP

As a professional photography and videography studio, Fotility Photography & Videography often collaborates with some clients on a TFP (“Time For Prints”) basis, wherein we provide our photography and videography services free of charge in exchange for marketing and promotion from the client. In such instances, the client is required to tag Fotility Photography & Videography any time they use photos provided by Fotility during their TFP session. TFP clients acknowledge that they are receiving services from Fotility Photography & Videography FREE OF CHARGE, and that we reserve the right to process work from our paying clientelle FIRST before processing any TFP work. Unless otherwise mutually agreed upon between Fotility Photography & Videography and client, CLIENT AGREES NOT TO USE ANY TFP WORK PROVIDED BY FOTILITY FOR COMMERCIAL PURPOSES.