Terms and Conditions.
DEFINITIONS:
This Agreement is between Focus Photography (“the Photographer”) and [You] (“the Client”) which includes the Client’s principals, employees, affiliates and representatives. The Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. The Photographer’s relationship with the Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by the Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
ACCEPTANCE OF TERMS AND CONDITIONS:
Any booking or payment made to the Photographer (including the session fee) indicates that the Client has read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. If this contract has to be enforced, the Client agrees to mediation instead of court proceedings.
USAGE RIGHTS AND OWNERSHIP:
The Client acknowledges that the Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of the Photographer without limitation.
Upon receiving written consent from the Client, the Photographer is unequivocally authorized to utilize the captured images for the explicit purpose of promoting their business. This encompasses, without limitation, the use of these images on their website, social media, and in exhibitions.
In instances where the Client explicitly withholds consent in writing, they cannot prohibit the Photographer from using the Image(s) in which they are not identifiable or that the Client has previously published online or on social media.
The Client is not permitted to utilize the images captured during the photo shoot for any commercial purposes without obtaining prior written consent from the photographer. The image(s) will continue to be the intellectual property of the Photographer and will not become copyright-free, even after the electronic files have been delivered. In any and all instances where the image(s) are used for personal purposes (such as online publication or exhibition), the Client must credit the Photographer. Additionally, the Client is prohibited from making any modifications to the Image(s) without obtaining prior written consent from the Photographer.
PAYMENT:
Deposits: A non-refundable deposit of 50% is required to secure a booking. This deposit is necessary for confirming the date and ensuring priority booking.
Final Payment: The remaining balance is due on the day of the photo shoot. Payment must be made in full before any images or footage is released. Payments can be made via Electronic Funds Transfer (EFT) or other methods agreed upon prior to the shoot.
Sessions rescheduled by the Client are subject to the prices current at the time of rescheduling. Prices on the website or on marketing materials may be out of date, and the Photographer reserves the right to adjust prices at any time without prior notice.
In case the Client requires further retouching after the initial photo processing, a fee of 15 euros per photo will be charged.
FAILURE TO PERFORM:
If the Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then the Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, the Photographer will return any fees paid by the Client and will have no further liability with respect to this Agreement, and the Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
In the event of unfavorable weather conditions, such as storms or heavy rain, the Photographer cannot be held responsible for being unable to provide the outdoor services as initially agreed. No refund will be issued in such cases, but both parties can mutually agree to postpone the session to a later date.
Where a technical problem affecting the photography equipment or an accident occurring during performance of the service prevents the Photographer from delivering the requested work, the Client shall be entitled to a refund of the full price. No additional compensation, of whatever nature, shall be due.
Where the Image(s) are lost or damaged prior to delivery (due to theft, fire, etc.), the Client shall only be entitled to a refund of the price of the service.
CANCELLATIONS AND POSTPONEMENTS:
To reserve the Client’s session date, a 50% retainer fee is required, which is non-refundable. The remaining balance is due on the date of the session. If the Client fails to cancel the session at least 48 hours in advance and the Photographer arrives at the location, the Client will be responsible for paying the remaining 50% balance.
SHOOTING TIME AND ADDITIONS:
The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. The shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the shooting, shooting will still commence at the scheduled start time and end at the scheduled end time. The photographer will not be held responsible for loss of photographic material due to delays in the schedule. All additional time beyond the scheduled end time will be billed to the Client accordingly.
REJECTION AND POST PROCESSING:
The Photographer's style and composition are subjective, and the Client cannot reject work based solely on these grounds. Payment is required for the services rendered regardless of whether the Image(s) are used. The post-processing stage, like the photography session, is tailored to the Photographer's individual style and artistic sensibilities. The Photographer has exclusive discretion over the post-processing phase and only the photographs processed by the Photographer are authorized for use.
Furthermore, the Photographer may consider or decline additional retouch requests from the Client and may impose an additional fee for the extra work required.
DELIVERY OF PRODUCTS AND SERVICES:
Upon completion of the photography session, the Photographer will dedicate his efforts to promptly deliver the selected and retouched image(s) to the Client, aiming to do so within one month. The Client can anticipate receiving the photographs through a secure download link or a private, password-protected gallery. The files provided will be in JPEG format, and it's important to note that all other files will remain the property of the Photographer and will not be transferred to the Client. Upon receipt of the files, the Client assumes full responsibility for the storage and archiving of the photographs. It is highly recommended that the Client creates backup copies on various storage media to ensure the safekeeping of the valuable images