TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Denys De Castilhos trading as Ricorda Photography.
These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. COPYRIGHT
i. All photographic materials, including but not limited to digital files, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions unless a release form is signed by the photographer and given to the client.
ii. CLIENT USAGE OF COPYRIGHT MATERIALS: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not download, copy, print, screenshot, use as a basis for derivative works, manipulate in any way, or otherwise use the Photographer’s images. If Client is obtaining a print for reproduction or publication, Photographer authorizes Client to reproduce the print only as agreed upon by Client and Photographer. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication but shall have no liability if the publication refuses or omits to do so.
2. MODEL RELEASE AND DISPLAY
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote his photographic business in advertising, brochures, magazine articles, websites, sample albums etc.
ii. the reproduction rights retained by the photographer include, but not limited to the promotional usage, both in print and on the internet, printed materials and sample materials for sales purpose. Photographer owes no compensation to "Client", monetary or otherwise for the exercise of the aforementioned rights.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the photographic session will be at the discretion of the photographer although every effort will be made to comply with the clients' requirements.
ii. Special requests are not considered 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.
iii. For a booking involving certain venues or locations, the photographer's movements are sometimes restricted by the official or location staff in charge. The area from which the photographer is able to cover the photo session may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. 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.
4. PAYMENT
i. A non-refundable booking fee as listed in the photographer website 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.
ii. The remaining balance will be due at the time of the delivery.
iii. Additional goods (prints, cards, albums, and others) ordered must be paid for in full at the time of ordering.
iv. Generated photography material will remain with the photographer until paid for in full by the client(s)
5. PRICES SUBJECT TO CHANGE
i. The prices for services and products not contracted in this agreement are subject to change without notice.
6. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend the photography session due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
iii. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
iv. Failure to Perform: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through a camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
7. DIGITAL FILES
i. All digital files (computer files) remain the property of the photographer. A copy of the edited digital files can be provided to the client(s) for their own non-commercial use at cost or if already included in an offered session package.
ii. Should the digital files be lost, damaged or destroyed for the reasons beyond control, the photographers' liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received by the client.
8. RETOUCHING OF DIGITAL FILES
i. Retouching: All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer's judgment regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost
ii. Quality of materials: Photographer uses high-quality professional materials; however, the photographer does not guarantee that all colors will be reproduced with absolute accuracy from digital images. Photographer maintains his computer screen calibrated according to the recommendation from a professional printing company for accuracy. Other devices used by the client may not be calibrated and present non-accurate colors.
9. ON THE DAY
i. The photographer will be the sole professional photographer at the photo session. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
10. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
11. ARTISTIC STYLE
i. Client acknowledge that is familiar with the photographer's portfolio style; that photographer's work is continuously evolving; that services are of unique and artistic nature; that photos may be different from photographs taken by the photographer in the past; and that creating the photos the photographer shall use his personal artistic judgment to create images consistent with his personal vision of the photographic session and this vision may be different from the vision of the client or subject. Client acknowledges that the photos shall not be subject of rejection on the basis of taste or aesthetic criteria.
12. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the deposit fees will be forfeit.
ii. Should "client" need to reschedule the session without giving 72 hours notice, a new $50 deposit will be required.
iii. In the event of bad weather (thunder, rain, hail, snow, or high winds) session will be rescheduled at no additional cost for outdoor sessions or should the weather prevent the "client" or the "photographer" from making the session.
13. DELIVERY
i. The photographer will endeavor to deliver digital files as quickly as possible. However, this could take up 2-3 weeks during busy periods.
14. COMPLAINTS
i. Any complaints should first be raised by the Client with the Photographers in writing within 14 days from the date of receipt of images.
15. INTEGRATION CLAUSE
i. The parties have read all sections of this Agreement and acknowledge they understand all terms and conditions. Person signing as "Client" below shall be fully responsible for ensuring that full payment is made pursuant to the terms and conditions of this agreement.