By using the photographians.com website (“Service”), or any services of Photographians, you (client) are agreeing to be bound by the following terms and conditions (“Terms of Service”). Photographians reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms will result in the termination of the contract/agreement/service etc.
Retainer and Payment: Client shall reserve the time and date of services by signing and returning the service contract along with a non- refundable, non-transferable reservation retainer equal to 50% of the total photography fee (mentioned above). No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in the schedule mentioned above. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement without further obligation, retain any money already paid, and not attend this event. Returned cheques will be assessed for a Rs. 1,000 non-sufficient funds fee, and all future purchases/payments must be paid by Net banking/NEFT Transfer. Unless the contract is canceled, the retainer fee shall be applied to the total photography fee.
Cancellation: If for any reason, Client cancels the service contract before the wedding date, Photographer will keep the retainer. Cancellation must be made in writing, signed by the contracted party, and sent via registered post by the India Post Office/courier. If Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.
Reschedule: If Client reschedules the assignment/wedding/project, Client forfeits the retainer.
Liability: If Photographians or their agent is unable to perform any or all of the duties mentioned herein for any reason, including but not limited to fire, transportation problems, acts of God, accidents, illness, or technical problems, and if they cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be prorated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total money paid by Client under this Agreement during the time preceding the date on which such liability arises.
Photo Discs/Flash drive/Cloud: Upon receipt of a images, videos in Cloud/DVD/Flash drive, Client accepts all responsibility for archiving and protecting the photographs. Photographians does not permanently archive image files. Photographians is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
Pricing: Services or merchandise not included in the service contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice.
Responsibilities: Other Photographer, videographers, other vendors, semi- professional photographers as well as the guests must not obstruct or interfere with the Photographians team. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends so that they do not obstruct us to get the best shot. Photographians is not responsible for compromised coverage due to causes beyond her control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Photographians is not responsible for poor backgrounds or poor lighting conditions which may negatively impact or restrict the coverage.
Client agrees and confirm the schedule of the event mentioned above. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up by email for documentation. If email is sent, confirmation of receipt must be obtained.
Harassment: Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered Photographer shall be the responsibility of Client. In the event, if any Photographians’ employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or another person at the wedding or another event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: Photographer will end wedding coverage immediately and leave the event and shall be entitled to retain all money paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
Coverage: Photographians will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. Photographians will use their professional judgment and sole discretion to cull images and videos before the delivery. Such selection shall constitute all images/ videos that will be made available to Client.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution discs and/or low-resolution sets may contain a mixture of color, black and white, and selective color images. One set of color correction and/or retouching is included at Photographer’s discretion. Client may request further changes for an additional charge. Photographians is not responsible for any prints that are not ordered directly from them. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Model Release: This contract serves as a model release giving Photographians the irrevocable right to use the photographs in all forms and in all media and in all manners for showcasing their portfolio, using them for their promotion, using them in contests, without any restriction. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of M/s Photographians. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. However, Photographians will not be selling the images/videos to anybody. This release is binding on the Client, their legal representatives, heirs, and assigns.
Copyright: All imagery, photographs, artwork, video, film taken/created by M/s Photographians are her property, will remain her property and are protected by Indian Copyright Laws. Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published for any commercial gain. Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers).
Contact: In case of any clarification, please contact us at firstname.lastname@example.org
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