TERMS & CONDITIONS

DEFINITIONS:

This Agreement is by and between “Photographer” and “Client” which includes Client’s employees and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.

“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.


01. COPYRIGHT

(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) 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.


02. DISPLAY

(a). The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.

03. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

(a) 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.

(b) 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 honor 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.

(c) 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.

(d) Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.

(e) 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.

04. CLIENT CONFIDENTIALITY

(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

05. PAYMENT

(a) A non-refundable booking fee of ₹15,000 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.

(b) Payment module will be 40% in advance to block the dates (inclusive of the booking fee), 40% within 10 days of Wedding/event, 10% at the time of delivery of soft copy/raw data (this could be the final amount i.e. 20% in such cases where no printing & deliverable is pending) & 10% balance at the time of ordering photobook or any printing material.

(c) Additional goods ordered must be paid for in full at the time of ordering.

(d) Titles to all goods remain with the photographer until paid for in full by the client(s).

 

06. EXPENSES

(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, 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.

07. ON THE DAY

(a) 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.

(b) 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.

(c) 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.

08. FAILURE TO PERFORM:

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 fulfill 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.

 

09. CANCELLATIONS or POSTPONEMENT:

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).

Where 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:

(a) Thirty percent of fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or

(b) Fifty percent of fees for postponement, or cancellation, after Photographer, has departed for location.

If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.

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.

 

10. DELIVERY

(a) The photographer will endeavor to deliver digital negative files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.

 

11. ARCHIVING DIGITAL FILES:

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.

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.

If 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 Evecrates Studio will not be held liable.

 

12. DIGITAL FILE QUALITY:

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.

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 color will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color 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.

13. PRINT QUALITY:

The photographer is committed to using high-quality products. However, Client is aware that color dyes, toners, inks, and other materials, used in photography may fade or discolor 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 discoloration of any photographic prints.

 

14. ELECTRICITY OUTLET AND PLACE FOR EQUIPMENTS

(a)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.

 

15. ACCEPTANCE OF TERMS:

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.

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.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

© 2019 by SarathSanthan

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