“Image(s)” means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analog, or any other, media.
1.1 The Agency retains the entire copyright on the Photographs, Films and other works at all times, throughout the world.
1.2 Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright Act 1957.
2.1 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, social media, brochures, magazine articles, websites, sample albums etc.
03. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
3.1 Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
3.2 Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer(s) will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
3.3 For a booking involving a ceremony at the church, temple, religious places or at certain venues, the photographer’s movements are sometimes restricted by the official in charge(venue/place). The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
3.4 Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
3.5 The photographer is not liable for publishing any video/audio format deliverable on the internet.
3.6 Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
Client(s) agrees to pay as per the selected(by client) payment module (only one) for their assignment signed between him and photographer.
Payment modules are as below
4.1 One time complete payment
4.2 Part Payments(50%-50%)
4.3 EMI payment for Six months(Additional charges apply)
4.1 One time complete payment
4.1.1 A non-refundable booking fee or 20% of the package price whichever will be minimum will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
4.1.2 Payment module will be a full 100% amount in advance within 15 days of booking date (inclusive of the booking fee).
4.2 Part Payment(50%-50%)
4.2.1 A non-refundable booking fee or 20% of the package price whichever will be minimum will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
4.2.2 Payment module will be half i.e. 50% of the total amount in advance within 15 days of booking date (inclusive of the booking fee).
4.2.3 Remaining half i.e. 50% of the total amount within 14 days of Wedding/event or at the time of online delivery of raw data and processed pictures.
4.3 EMI Payment for Six months(Additional charges apply)
4.3.1 EMI payment module is applicable only for assignment(s) falling in criteria.
4.3.2 An additional amount of 10% of the package price will be added to bill and total(package price + 10% of package price ) will be the final amount payable by the client(s).
4.3.3 A non-refundable booking fee or 20% of the package price whichever will be minimum will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
4.3.4 Payment module will be a monthly payment basis from the booking date. The monthly amount payable will be shared by our executive on the basis of package finalised (inclusive of the additional charges & booking fee).
5.1 Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client(s), or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
06. ON THE DAY
6.1 The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
6.2 The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement, however, one would be greatly appreciated.
6.3 The photographer will stay to photograph beyond the first ceremony & stays until approximately 11 pm. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
07. FAILURE TO PERFORM
7.1 If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, Act of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfil his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
08. CANCELLATIONS or POSTPONEMENT
8.1 Once Client and Photographer have agreed to time(s) and date(s) for an assignment, Photographer will not accept other work from any other clients for that time(s) and date(s).
8.2 When Client, its assigns, or employees, postpones or cancels an assignment, or is unable to reschedule said assignment to a time and date agreeable to Photographer, Client will be responsible for payment of any and all expenses up to the time of postponement or cancellation, plus:
8.2.1 Thirty percent(30%) of fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or
8.2.2 Fifty percent(50%) of fees for postponement, or cancellation, after Photographer, has departed for location.
8.3 If the same assignment is rescheduled for a later date will be only with agreement with Photographer, full fee and any additional expenses will be charged for the actual shooting.
8.4 If the same assignment is rescheduled for a later date and Photographer is not agreed with the dates due to other bookings or any other circumstances, Photographer will return the amount except the booking fee or 20% of package price whichever will be minimum and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
8.5 Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including, but not limited to, weather conditions, Act of God, or the fault of a third party.
9.1 The photographer will endeavour to deliver digital negative files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.
9.2 The photographer will endeavour to deliver complete deliverables as quickly as possible. However, this could take up to 4-6 months during busy periods.
10.1 Processed pictures or Edited Pictures
10.1.1 After receiving processed pictures, the client needs to inform for any pictures’ re-editing or extra pictures editing requirement within 14 days from the date of receiving processed pictures.
10.1.2 Extra basic charges will be applicable in case any pictures’ re-editing or extra pictures editing requirement shared after 14 days of the time period.
10.1.3 Charges will be applicable as per re-work requirement and projects’ scale.
10.1.4 We are providing only one-time rework facility in photo processing. Hence re-editing or extra pictures editing requirement to be shared completely at once only.
10.1.5 Further deliveries will be delayed in case of delayed response from the client.
10.1.6 Once the final delivery is confirmed and completed, No extra requirements will be served without payment.
10.2 Photos Selection & Album Printing
10.2.1 Pictures selection for album printing to be completed and shared with us within 14 days from the date of receiving selection invite through the mail.
10.2.2 After receiving album proofing invite through the mail, the client needs to provide feedback for any modifications in album threads and confirmation for album printing within seven days from the date of album proof opening.
10.2.3 We are providing only one-time rework facility in album design processing, Hence modifications in album threads to be shared completely at once only.
10.2.4 Further deliveries will be delayed in case of delayed response from the client.
10.2.5 Once the final delivery is confirmed and completed, No extra requirements will be served without payment.
10.3 Cinematic & Traditional films:
10.3.1 Cinematic Film:
10.3.1.1 Client needs to provide feedback on the list of songs shared through mail or his/her choice of songs within 24hrs of receiving song list else we will be proceeding with same songs in a cinematic film.
10.3.1.2 After receiving draft cinematic video, the client needs to provide feedback for modifications or confirmation for final delivery within seven days from the date of receiving the draft cinematic video.
10.3.1.3 We are providing only two times rework facility in cinematic film processing, Hence feedback on draft cinematic video modifications to be shared carefully.
10.3.1.4 Extra basic charges will be applicable in case of third time or any further modification requirement shared in the draft cinematic video.
10.3.1.5 Extra charges will be applicable as per re-work requirement and increment in the length of video timeline on the basis of per minute (/min).
10.3.1.6 In case of no feedback received on draft cinematic video within seven days, the shared draft cinematic video will be considered for processing final delivery of cinematic film
10.3.1.7 Further deliveries will be delayed in case of delayed response from the client.
10.3.1.8 Once final delivery confirmed and completed, No extra requirements will be served without payment.
10.3.2 Traditional Film:
10.3.2.1 After receiving full length/traditional wedding film, the client needs to provide feedback for modifications or confirmation for final delivery within seven days from the date of receiving full length/traditional wedding film.
10.3.2.2 We are providing only one-time rework facility in full length/traditional wedding film processing. Hence feedback on full length/traditional wedding film modifications to be shared carefully and completely at once.
10.3.2.3 Extra basic charges will be applicable in case of second time or any further modification requirement in full length/traditional wedding film.
10.3.2.4 In case of no feedback received on full-length wedding film within seven says, shared full length/traditional wedding film will be considered for processing final delivery.
10.3.2.5 Further deliveries will be delayed in case of delayed response from the client.
10.3.2.6 Once final delivery confirmed and completed, No extra requirements will be served without payment.
10.4.1 e-Invitation link will not be available after fifteen days of the event.
11. GALLERY ACCESS
11.1 Once the online gallery is ready and delivered by photographer, Client will only be able to view the online gallery.
11.2 Client(s) will be able to download pictures from online gallery only after paying pending dues.
11.3 Photographer can disable clients’ online gallery or revoke access to deliverables shared via any means of storage or web links at any point of time in case of no payment received or delay in payment of pending dues(One-time/Part-time/Emi payments).
11.4 Offline data deliveries or downloads links will only be provided after complete payment clearance.
11.5 Online gallery access is provided free only for twelve months, the Client needs to pay for online gallery subscription once the free time period of twelve months is over.
11.6 The photographer may disable clients’ online gallery or revoke access in case of no payment of online gallery subscription charges.
12. TEMPORARY FREEZE OF ASSIGNMENT
12.1 If the client(s) stops responding on payment reminders or not able to pay on agreed dates or delays the payment, his project status will be changed from running to temporary frozen until the further response from client’s end.
12.2 Photographer can hold all the processing of assignment on a frozen project.
12.3 Photographer can disable clients’ online gallery or revoke access to deliverables shared via any means of storage or web links on a frozen project.
12.4 Project process will only be started after paying pending dues by the client(s).
13. ARCHIVING DIGITAL FILES
13.1 While Photographer may choose to archive the Image(s), it is the Client’s responsibility to properly store and archive the Image(s) for the duration of the term of the license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
13.2 A client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his assigns, contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
13.3 If the Client requests copies of previous work from Photographer’s archives there will be a ten percent (10%) fee for furnishing them to Client. If no archive exists photographer will not be held liable.
14. DIGITAL FILE QUALITY
14.1 A photographer is committed to providing high-quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of the Image(s) and the reproduction technology and use(s) for which the Image(s) is licensed.
14.2 Due to variances in monitor calibrations, software, and computer platforms, digital files may display differently on different monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
14.3 It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
15. PRINT QUALITY
15.1 The photographer is committed to using high-quality products. However, Client is aware that colour dyes, toners, inks, and other materials, used in photography may fade or discolour over time. As such, Client releases Photographer and his assigns, contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discolouration of any photographic prints.
16. ELECTRICITY OUTLET AND PLACE FOR EQUIPMENT
16.1 5amp/220-230 volts has to be provided at reception ceremony location along with a 4’x2’-table to set up our audio recording devices and laptops.
17. ACCEPTANCE OF TERMS
17.1 A client may not assign or transfer this Agreement or any rights granted under it. This Agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates, are jointly and severally liable for the performance of all payments and other obligations hereunder.
17.2 No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the assignment.
17.3 If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
17.4 In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.