DAVID VALLADOLID

SBD  •  Daes Booth

 

 

CLIENT POLICY & TERMS OF SERVICE

Photography, Videography & Photo Booth (Daes Booth)

Effective: July 2025 – Present

 

 

 

IMPORTANT: By booking a session, paying a deposit, renting the photo booth, or receiving any delivered content, the Client agrees in full to all terms contained in this document. Read carefully before booking.

 

PART I

MEDIA SERVICES POLICY

This section governs all photography and videography services provided by David Valladolid.

 

1. Media Delivery & Access

• Finalized photos are delivered through a private Adobe Lightroom link shared with the Client upon completion.

• Galleries remain accessible through January 31, 2026. After this date, access is not guaranteed. Recovery of archived files, if possible, may incur an archival fee determined at the Service Provider’s discretion.

• Clients are solely responsible for downloading and saving all media upon receipt. The Service Provider does not guarantee re-delivery of any file once the access period has elapsed.

• Video footage is typically deleted from the Service Provider’s storage following delivery. No backup obligation exists beyond the delivery window. Exceptions must be agreed upon in writing before the session.

2. Copyright & Usage Rights

• All media captured during a session is the original creative work of the Service Provider and is protected under U.S. copyright law (17 U.S.C. § 101 et seq.).

• Booking a session grants the Service Provider full rights to use any captured media — including photos and video — on social media platforms, the official website (shotsbydavid.com), and in promotional materials. This includes rights to publish, display, and reproduce content for marketing purposes.

• The Client is granted a limited, non-exclusive, non-transferable personal and promotional license to use delivered content for their own non-commercial purposes. This license does not transfer copyright ownership.

• The Client may not alter, sell, sublicense, or distribute the media for commercial profit without prior written permission from the Service Provider.

• The Service Provider reserves the right to add a visible or invisible watermark to any media where terms have been violated.

• This media release is irrevocable once the session begins, unless a written exception is executed before the session date.

• Clients who require a model release restriction or who wish to opt out of promotional use must submit a written request before the session. Opting out of promotional use does not affect pricing.

3. Pricing & Payment Terms

• Pricing is determined through mutual agreement between the Service Provider and Client prior to booking confirmation.

• A nonrefundable deposit of up to 50% of the total session fee may be required to secure the booking. Deposits are not transferable to other clients.

• The full remaining balance must be paid before the final delivery of any media. No media will be released until full payment is received and confirmed.

• All sales are final. Refunds will not be issued for completed services, subject to the exception outlined in Section 9 (Limitation of Liability).

• Discounts are offered solely at the discretion of the Service Provider and do not create precedent for future engagements.

• Returned payments, chargebacks, or disputed transactions will result in immediate revocation of all media licenses and deletion of delivered assets, without further obligation from the Service Provider.

4. Revisions & Edits

• All delivered media is considered final at the time of delivery, reflecting the Service Provider’s creative judgment and the scope agreed upon at booking.

• Revision requests are evaluated case-by-case and are not guaranteed. Any revisions beyond what was explicitly agreed upon prior to the session may incur additional fees.

• Color-grade style preferences (moody, bright, natural, etc.) must be communicated before or during the session. Style changes requested after delivery are considered revision requests.

5. Sports Content Disclaimer

• For sports videography engagements, the Service Provider bears no responsibility for the quality of athletic performance, game outcomes, lighting conditions at third-party venues, or environmental factors outside the Service Provider’s control.

• As long as footage is technically sound and delivered in accordance with the agreed scope, no refunds will be issued based on dissatisfaction with game outcomes or subject performance.

6. Cancellations & Rescheduling — Media Sessions

• Clients who wish to reschedule must provide reasonable advance notice (minimum 48 hours for standard sessions; minimum 7 days for events). New dates are not guaranteed and are subject to the Service Provider’s availability.

• Deposits remain nonrefundable in all cases but may be credited toward a future session at the sole discretion of the Service Provider.

• Cancellations made within 24 hours of the scheduled session forfeit the full deposit and may be invoiced for a cancellation fee equivalent to 25% of the remaining balance if significant pre-production work was completed.

 

PART II

PHOTO BOOTH TERMS & CONDITIONS (DAES BOOTH)

This section governs all engagements in which the Service Provider operates or rents the Daes Booth photo booth unit, whether at markets, private events, pop-ups, or vendor activations.

 

7. Scope of Booth Services

• Daes Booth is operated by David Valladolid (the “Operator”) and provides on-site photo booth services including photo capture, on-demand printing, and digital delivery.

• Standard booth sessions include one or more printed photos per session, as specified in the pricing agreed upon at the time of transaction. Session counts, print quantities, and inclusions are subject to the current menu or booking agreement.

• The Operator reserves the right to modify props, backdrops, and setup aesthetics at any activation. Specific aesthetic customization requests (e.g., custom backdrop, custom print template) must be requested and confirmed in writing no later than 72 hours before the event.

8. Client & Guest Conduct

• The Client or guest using the booth assumes full responsibility for their conduct during the session. The Operator reserves the right to refuse service to any individual for behavior that is disruptive, unsafe, or inappropriate.

• Guests agree not to damage, alter, move, or tamper with any equipment, props, or booth components. Any damage caused by guests or clients will be billed to the responsible party at replacement or repair cost.

• The Operator is not responsible for personal belongings left at or near the booth area.

• Minors must be accompanied and supervised by a parent or legal guardian. By allowing a minor to use the booth, the accompanying adult consents to these terms on the minor’s behalf.

9. Printed Media & Output

• All printed photos produced at Daes Booth are sold as tangible goods and are subject to California sales tax in accordance with the Service Provider’s California Seller’s Permit issued by the CDTFA.

• All sales of printed photos are final. The Operator does not offer reprints, exchanges, or refunds on completed print transactions except in cases of clear print defect (e.g., mechanical printer error resulting in unreadable output).

• Digital copies of booth photos, if provided, are delivered at the Operator’s discretion and may be shared via QR code, text, or online gallery. Digital delivery does not replace the printed product.

• The Operator retains full copyright over all digital image files produced by Daes Booth equipment and may use these images for promotional purposes consistent with Section 2 of Part I.

• Clients or guests who wish to opt out of promotional use of their booth images must notify the Operator before the session begins. Opting out is honored on a best-efforts basis at live events.

10. Event & Market Vendor Bookings

• Private event bookings (birthdays, corporate, weddings, etc.) require a signed booking agreement and a nonrefundable deposit of 50% of the total service fee to confirm the date.

• The Operator participates in public markets and vendor events (e.g., Kobey’s Swap Meet) as a vendor independent of the venue. The host venue’s rules govern general conduct; these Terms govern the Daes Booth service specifically.

• The Client or event organizer is responsible for ensuring an adequate setup space is available (minimum 8×8 feet, access to power if required, and a level surface). Failure to provide adequate setup conditions does not entitle the Client to a refund.

• The Operator reserves the right to cease operations and leave an event early if safety conditions are compromised, the setup area becomes unsuitable, or the Client or guests violate these terms.

11. Booth Rental (Unattended / Staffed)

• If the Client books the Daes Booth unit for a staffed rental (Operator present), all terms in this document apply in full.

• Unattended booth rentals (Client operates the booth without the Operator) are offered at the sole discretion of the Operator and require a separate written Rental Agreement.

• For any unattended rental, the Client assumes full liability for the booth equipment during the rental period. A refundable security deposit (amount specified in the Rental Agreement) is required. The deposit will be returned within 5 business days of equipment return, minus any damage or missing items.

• The Client may not sublease, lend, or transfer use of the booth to any third party without express written consent from the Operator.

• Equipment must be returned in the same condition as provided. Damage, theft, or loss of equipment during the rental period will be billed to the Client at full replacement value.

12. Technical Failures & Force Majeure

• The Operator uses professional-grade equipment and makes every reasonable effort to ensure continuous operation. However, the Operator is not liable for service interruptions resulting from equipment malfunction, power failures, internet outages, or other technical issues beyond the Operator’s control.

• In cases of complete equipment failure where no service can be rendered at a private booking, the Operator’s liability is limited to a refund of the deposit or a rescheduled service of equal value, at the Operator’s election.

• At public market or pop-up events, no refund obligation arises from technical downtime of less than 30 minutes. Downtime beyond 30 minutes may result in a pro-rated credit toward a future session, at the Operator’s discretion.

• Force majeure events — including but not limited to natural disasters, severe weather, public health emergencies, venue closures, or government-mandated shutdowns — release the Operator from any service obligation without penalty. Deposits may be applied to rescheduled dates at the Operator’s discretion.

13. Intellectual Property — Booth Branding & Design

• The “Daes Booth” name, logo, signage, print template designs, and all branded materials are the exclusive intellectual property of David Valladolid. Unauthorized reproduction, imitation, or commercial use of these materials is prohibited.

• Clients and guests may photograph and share images of the Daes Booth experience on personal social media. Tagging “@daesbooth” or the Operator’s handle is appreciated but not required.

 

PART III

GENERAL LEGAL PROVISIONS

 

14. Limitation of Liability

• In no event shall the Service Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost opportunities, reputational harm, or data loss, arising from the use or non-use of any delivered content or booth service.

• The Service Provider’s total aggregate liability under any claim arising from these Terms shall not exceed the total amount paid by the Client for the specific service giving rise to the claim.

• In the event of circumstances beyond the Service Provider’s control — including equipment failure, accident, illness, or natural disaster — the Service Provider will make reasonable efforts to reschedule or provide a fair resolution. Liability shall not exceed the original payment amount.

15. Indemnification

• The Client agrees to indemnify, defend, and hold harmless David Valladolid, his agents, and assigns from and against any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of: (a) the Client’s breach of these Terms; (b) the Client’s or guests’ conduct at any session or event; or (c) any third-party claim arising from the Client’s use of delivered media outside the scope of the license granted herein.

16. Privacy & Data

• The Service Provider may collect basic personal information (name, contact details, payment confirmation) for booking and fulfillment purposes only.

• No personal data is sold to third parties. Contact information may be used to communicate regarding active bookings or future promotions. Clients may opt out of promotional communications at any time.

• Images and video captured at sessions are stored securely. Storage duration beyond the delivery window is not guaranteed.

17. Governing Law & Dispute Resolution

• These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

• Any dispute arising out of or relating to these Terms shall first be submitted to good-faith negotiation. If unresolved within 30 days, the parties agree to binding arbitration in San Diego County, California, under the rules of the American Arbitration Association.

• Nothing in this arbitration clause prevents the Service Provider from seeking injunctive or equitable relief in a court of competent jurisdiction for intellectual property violations or equipment damage.

18. Entire Agreement & Modifications

• This document constitutes the entire agreement between the parties with respect to the services described and supersedes all prior or contemporaneous communications, representations, or agreements.

• This policy is subject to change. Updates will be posted at shotsbydavid.com or communicated directly to active Clients. Continued engagement following notice of an update constitutes acceptance of the revised terms.

• Any exception or modification to these Terms must be in writing and signed by the Service Provider to be enforceable.