Terms of Service/Model Release


We want your session to be a beautiful, transformative experience! We've found that your knowledge of our policies beforehand goes a long way toward ensuring you have the experience you desire. Please take a few moments to familiarize yourself with these important policies.

Your Session
You are paying for the time and talent of the photographer, gallery creation, color correction, retouching (when included), and an online gallery of your final selected digital images.

  • Payment for your session is due at the time of scheduling.
  • Unless otherwise indicated, you have one year in which to schedule and complete your purchased photo or video sessions.
  • Session Fee includes a gallery of at least 50 PROOFING images per session from which you will make your final selections.
  • Travel Fees begin at $200.00 outside 50 miles of Fort Collins, CO.
  • All sessions require a signed model release.
  • Pricing subject to change without notice.
  • Your package does not include any print products or physical media.
  • Session fees are non-refundable.

Refunds

  • Unless otherwise agreed to in writing, refunds are only made when both the Photographer and Client are unable to be in the same place at the same time within one calendar year after both the Photographer and Client have made reasonable efforts to accommodate the session. 

Rescheduling/Cancellation Policy
We are a very busy studio, and the nature of our work means that we're traveling the world about six months out of the year. That means that studio time is at a premium. Session fees are non-refundable. No exceptions.

  • We offer rescheduling with 48+ hours of notice with a $100 rescheduling fee.
  • Less than 48 hours requires a $200 rescheduling fee.
  • To reschedule, you must email photos@tribeofdiamonds.com.
  • No-shows require a $200 rescheduling fee.
  • If you are more than 25% late for your session (16 minutes late for a one hour session, 46 minutes late for a 3 hour session, etc) your session must be rescheduled, and a $200 rescheduling fee will apply.
  • There are times when we shoot outdoors, and if the weather is bad (or forecast to be bad) we will make every attempt to reschedule your appointment, as long as both the Photographer and the Client agree to it.

Payment Options
We accept all major credit cards and PayPal. We do not accept cash or personal checks.

Payment Plans

  • Payment plans are often available at checkout through PayPal PayLater. This service is not available in all states and territories, and only applies to products priced at $1500 USD or less. Your payment plan agreement is between you and PayPal.

Session Information
No Cameras/Cell phones, or other photographic, or recording devices are allowed during the sessions without permission from the photographer.

Additional Guests at Session
Tribe of Diamonds sessions are sometimes about stepping in front of a camera in spite of fear. The beautiful results that we get are in no small part due to this fact, and our processes ensure that it happens in a gentle and safe manner. When additional guests have been present, the work suffers, as an environment free of judgment is absolutely essential. Additional guests, no matter how well-meaning, bring an unknown variable into the environment. For that reason, additional guests are not allowed in the photo room or general area of the session. You are free to have a friend or relative deliver you to the session, but unless agreed-upon in writing beforehand, all additional guests must remain outside of the photo session room during the session. For outdoor sessions, all additional guests must wait away from the area where the photo session takes place. 

Model Release
All clients of Don Hajicek Photography must sign a model release. When you book a session and are photographed by Tribe of Diamonds (TOD), you are agreeing to give TOD permission to use and publish your images for promotional, advertising and any other like purpose. We cannot photograph anyone who does not sign the model release form. By signing this contract, you are signing a model release.

Delivery Timeline
Unless otherwise specified, you will receive a link to your gallery of proofs within 4 weeks of your photo session. Selecting ALL of your final images within 4 weeks of receiving that link ensures your final images will then be delivered within 4 weeks of submitting your selections to Tribe of Diamonds via instructions you will receive with the link to your proofs. Fast delivery depends on how quickly you select all of the images that you would like retouched for final delivery. All image selections are final as of the moment they are sent to us. Any changes to your selection will be charged as additional images.

A 25% rush fee is available
Get your images in one week instead of 30 days by paying a fee equal to 25% of the full package price before any discounts you may have received.

Retouching
Unless otherwise indicated, base package pricing does not include retouched images. If your purchased package includes retouched images, or if you are purchasing retouched images separately, this retouching includes treatment of blemishes and stray hairs, and is done at the discretion of the studio. Additional retouching and Photoshop services are available for an additional $150 per hour, one hour minimum, charged in one hour increments. (Additional retouching includes altering backgrounds, changing clothing colors, changing body shape, etc.)

Delivery
Your final images will be delivered via online gallery. You may download, share, and order prints of these images using this gallery. Other than basic cropping, modification or alteration of images is prohibited without written permission. No un-retouched images are provided without a watermark unless specifically indicated.

Photographer’s Responsibilities (“Services”). Don Hajicek Photography (“Photographer”) Photographer hereby agrees to perform photographic services for Client at the Session in a professional, workmanlike manner according to the prevailing standards in the industry.

Copyright. Photographer grants Client perpetual personal/professional usage of all photos selected and delivered according to the selected package, but retains copyright of the photographss. All photographs taken by Photographer at the Session, in whatever form, are copyright-protected in the Photographer's name. Sales of the photographs taken by Photographer without Photographer’s express written permission is a violation of federal copyright law.

Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved images (“Digital Album”) to the Client, unless terminated earlier as provided herein.

Cancellation. Upon acceptance of these terms and full payment, Photographer shall commit to attending the Session at the specified date and time, and shall make no other reservations for that date. If Client cancels the Session entirely, then Photographer shall be entitled to 100% of the payment as liquidated damages.

Video. In the case of packages that include video products, an edited video "proof" will be supplied to the Client within 30 days of the video session. Client then has 30 days to provide editing feedback to Photographer via email. If additional editing beyond two hours of editing is required, Client will be billed for that time at a rate of $150 per hour, charged in one hour increments. No raw video footage is included in any of our packages. The unedited footage remains the property of Tribe of Diamonds.

Delivery Date. Digital Album and video shall be delivered no later than 30 days from final Client selections or revisions.

Model Release. Client agrees that Photographer may use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents.

Jurisdiction. The state and federal courts serving Larimer County, Colorado shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts.

Attorney’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.

Limitation of Liability. Photographer’s entire liability for any claim, loss, damage, or injury arising under or relating to this Agreement is limited to the fees paid by client for the Services. In no event shall the Photographer be liable for special, incidental, consequential, or punitive damages, even if Client informs Photographer of circumstances that would give rise to such damages.

By signing this form, I agree to the aforementioned terms.

Leave this empty:

Signature arrow sign here


Signature Certificate
Document name: Terms of Service/Model Release
lock iconUnique Document ID: 338106862c52aa2695e8bc490f99a48d35f16b98
Timestamp Audit
September 24, 2017 3:52 pm MSTTerms of Service/Model Release Uploaded by Don Hajicek - boulderfineart@hotmail.com IP 73.95.169.149