Terms and Conditions

In these Terms and Conditions, “the Photographer” means Denys De Castilhos, doing business as Ricorda Photography. “The Client” means the person who books a session. If the person being photographed (the “Subject”) is under 18, “the Client” also means the Subject’s parent or legal guardian.

These terms apply to every session. They can only be changed by written agreement signed by the Photographer. The Client accepts these terms by signing the Ricorda Photography Session Agreement and Signature Form, together with one model release form (Form A or Form B, see section 2). A booking is not confirmed until these are signed and the retainer is paid.

1. Copyright

1.1 The Photographer owns the copyright in all images created during the session, including digital files, proofs, and previews. Delivery of images to the Client does not transfer copyright.

1.2 Personal Use License. Once paid in full, the Client may download, print, and share the delivered images for personal use. Personal use includes: - printing for home, gifts, and family; - sharing on personal social media (a credit to @ricordaphotography is appreciated); - graduation announcements and yearbook submissions; - for model clients, use in their own personal portfolio, comp card, casting profiles, agency submissions, and personal website.

1.3 A brand, agency, business, or other client that wants to use the images needs a separate written license from the Photographer, which may involve a fee.

1.4 Without the Photographer’s written permission, the Client may not: - sell or license the images; - use the images to advertise or promote any business, product, or service; - enter the images in photography competitions; - alter, filter, or edit the images in a way that changes the Photographer’s work and then credit it to the Photographer.

2. Promotional Use of Images

2.0 Model release forms. Promotional use depends on which model release form the Client signs with the Session Agreement: - Form A, Model Release with Promotional Use: gives the Photographer permission to use images as described in this section. - Form B, Model Release without Promotional Use (Private Session): the Photographer will not use the images for any promotional purpose. Images are delivered to the Client only.

One of the two forms must be signed for every session. If neither form is signed, Form B applies. Complimentary sessions always require Form A.

2.1 Paid sessions with Form A. The Client grants the Photographer permission to use images from the session only to promote Ricorda Photography’s own photography services. This includes the Photographer’s website, social media, printed portfolio and sample albums, advertising for Ricorda Photography, and photography competitions or exhibitions.

2.2 Complimentary sessions. For sessions provided at no charge (including trade-for-print or “TFP” sessions with models), the Client must sign Form A. The Photographer receives the full right to use the images to promote Ricorda Photography’s own business, as the exchange for the free session. The withdrawal right in section 2.5 does not apply to complimentary sessions.

2.3 Limits on use. For all sessions, paid or complimentary, the Photographer will not: - sell or license the images to any third party; - offer the images as stock photography; - use the images to advertise any product, service, or business other than Ricorda Photography.

2.4 Privacy. The Photographer will not publish the Subject’s full name, school, or home location with any image without the Client’s separate permission.

2.5 Choosing and changing (paid sessions only). For paid sessions, the Client chooses Form A or Form B, and may add limits on Form A (for example, no face shown). A Client who signed Form A may withdraw permission later by writing to the Photographer at any time. After a written request, the Photographer will make no new promotional uses. Images already printed or published before the request may remain in use, but the Photographer will remove images from the website and social media accounts the Photographer controls within a reasonable time.

2.6 No compensation, monetary or otherwise, is owed to the Client or Subject for promotional use under this section.

3. Creative Style, Coverage, and Results

3.1 The Client is familiar with the Photographer’s portfolio. The Photographer’s style evolves over time, and each session is unique. The Photographer will use personal artistic judgment in posing, lighting, editing, and image selection. Images may not be rejected based on taste or style.

3.2 The Photographer will make every reasonable effort to honor special requests, but cannot guarantee any specific photo, pose, background, or location, due to weather, light, location rules, or the availability and willingness of subjects.

3.3 Some locations restrict where the Photographer may stand or what equipment may be used. The Photographer is not responsible for results limited by those rules.

3.4 Colors may vary slightly across a set of images because of changing light and the limits of camera sensors. The Photographer works on a calibrated screen. Colors may look different on the Client’s devices or on prints from other labs.

3.5 The Photographer will be the only professional photographer at the session. Family and friends are welcome to take casual photos, as long as they do not interfere with the session. Parents and guardians are always welcome to attend sessions with minors.

4. Editing and Retouching

4.1 All delivered images receive standard editing, including exposure, color, contrast, sharpness, and removal of temporary skin blemishes. The Photographer decides which images and how many are delivered.

4.2 Advanced retouching (for example, body reshaping, removing braces, or major background changes) is available at extra cost.

5. Payment

5.1 A retainer (booking fee), as listed on the Photographer’s website, is required to reserve the date. The retainer is applied to the session price.

5.2 The retainer is non-refundable if the Client cancels, for any reason. The only exceptions are listed in section 8 (Photographer cancellation and force majeure).

5.3 The remaining balance is due on or before delivery of the images.

5.4 Prints, albums, and other products must be paid in full when ordered.

5.5 Images will not be delivered until all amounts are paid in full.

5.6 Prices for services and products not yet booked may change without notice. Booked sessions keep the price agreed at booking.

6. Cancellation, Rescheduling, and Weather

6.1 If the Client cancels, the retainer is forfeited.

6.2 The Client may reschedule once with at least 72 hours’ notice at no cost. Rescheduling with less than 72 hours’ notice requires a new $50 retainer.

6.3 For outdoor sessions, if weather prevents the session (thunder, rain, hail, snow, or high winds), the session will be rescheduled at no cost. The Photographer makes the final weather decision on the day.

7. Delivery and File Storage

7.1 Edited images are usually delivered within 2 to 3 weeks. Busy seasons may take longer, and the Photographer will tell the Client if delay is expected.

7.2 Images are delivered through an online gallery. Galleries remain available for 12 months from delivery. The Client is responsible for downloading and backing up the images during that time.

7.3 After 12 months, the Photographer is not required to keep any images or files. Any request after that period is handled at the Photographer’s discretion and may involve a fee.

8. Photographer Cancellation and Force Majeure

8.1 This section applies only if the Photographer cancels, or if the session cannot happen because of events beyond the parties’ reasonable control. Examples include illness or injury, severe weather emergencies, fire, flood, accidents, vehicle breakdown, government orders, or acts of God.

8.2 In those cases, the Photographer will first offer to reschedule. If a new date cannot be agreed, the Photographer will refund all amounts paid, including the retainer.

8.3 The Photographer may, with the Client’s approval, send a qualified professional photographer as a substitute.

9. Limitation of Liability

9.1 Professional equipment is used and backups are kept. However, if images are lost, damaged, or not produced for any reason, including equipment or computer failure, lab error, or loss in delivery, the Photographer’s total liability is limited to the amounts paid by the Client for the session. The Photographer is not liable for any other damages.

10. Personal Safety

10.1 Directions given by the Photographer during a session are followed at the Client’s and Subject’s own risk. The Photographer is not responsible for personal accidents or injuries during the session. Clients should tell the Photographer about any physical limits before the session.

11. Cosplay, Costumes, and Props

11.1 Costumes, props, makeup, and character likenesses are chosen and supplied by the Subject, not by Ricorda Photography.

11.2 The Subject (or the parent or guardian of a minor Subject) is solely responsible for any rights related to costumes, characters, logos, or props owned by third parties, such as studios, publishers, or brands.

11.3 If any third party raises a claim about a costume, character, or prop shown in an image, the Photographer will remove the image from the Photographer’s website and social media upon notice. The Client agrees that the Photographer is not responsible for that claim and agrees to cover the Photographer’s reasonable costs arising from it (indemnify the Photographer), to the extent the law allows.

11.4 The Photographer will not sell images showing third-party characters or use them in paid advertising.

12. Complaints

12.1 Any complaint must be sent to the Photographer in writing within 14 days of receiving the images. The Photographer will respond and try in good faith to resolve it.

13. General Terms

13.1 Governing law. These terms are governed by the laws of the State of Michigan. Any dispute will be handled in the courts of Ingham County or Eaton County, Michigan.

13.2 Severability. If any part of these terms is found invalid or unenforceable, the rest remains in effect.

13.3 Entire agreement. These Terms and Conditions, together with the signed Session Agreement and Signature Form and the signed model release (Form A or Form B), are the entire agreement between the Client and the Photographer. They replace any earlier discussions or messages.

13.4 Signatures. The Client’s acceptance is collected on the Ricorda Photography Session Agreement and Signature Form, signed on paper or electronically. Electronic signatures have the same effect as handwritten ones.

13.5 Responsibility for payment. The person signing as the Client is responsible for full payment under these terms.

14. Website Privacy

14.1 Visit counts. This website uses Google Analytics to count visits and see which pages people use. It uses cookies and collects general information such as pages viewed, device type, and approximate city. It does not collect your name or email address.

14.2 Messages you send. When you use the booking or question form, your name, email, and details are stored securely with Google Firebase. They are used only to reply to you and plan your session. They are never sold or shared for marketing.

14.3 Your choice. You can block or delete cookies in your browser settings, or use the Google Analytics opt-out browser add-on. To ask that your form messages be deleted, send a request through the question form.