Terms and conditions of Service
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TERMS AND CONDITIONS OF SERVICE
In the following Terms and Conditions of Service (“Terms”) is applicable for the services provided by the team of “Stills by Rohit”, and shall mean and include “the photographer” . “Clients” shall mean the parties interested in utilizing the services provided by the Photographer. These Terms cannot be varied in any way by the Clients unless such conditions are expressly agreed by the Photographer in writing.
Booking Deposit and Payment: To be able to book a session with the Photographer and reserve a date of the Client’s choice, the Client shall make a booking after confirming the availability with the Photographer. The Client will also make 100% booking fees for the chosen session which shall be non-refundable, and to be paid prior to the session. Notwithstanding anything to the contrary, please note that the quote for the fees obtained while booking a session shall be valid for a period of thirty (30) days upon the receipt of the quote
Cancellation: If the Client shall cancel the booking before the photo shoot, any booking fee paid to the Photographer shall be non-refundable. However, the Client may choose to schedule the shoot on another day based on the availability of the Photographer, at no additional cost if the same is informed seven (7) days prior to the day of the session. However in the event an advance notice for rescheduling the session is given in less than seven (7) days then a rescheduling fees of INR 1000/- shall be applicable. Further, it is understood that it is the Client's responsibility to inform the Photographer of any date or location changes.
Timelines: The final set of edited images as per the session will be shared with the Client within three weeks from the date of session/shoot. Any add on products with the session will take upto a month to receive the final edited pictures.
Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work samples for self-promotion and advertising. In the event that the Client wants the copyrighted images of him/her/them, not to be disclosed in any of the samples, advertising and self-promotion, the Client can avail the non-disclosure of images by making an additional payment of 20% of the fee amount to the Photographer.
Client’s Usage: Client understands and agrees that he/she/they are not buying the image(s) but is paying only for a licence to use the image(s) as specified under these Terms. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any image(s) may not be used in a logo, corporate identity, trademark or other service mark. The use of any image(s) by Client will not constitute a work of joint authorship. In the event that the Client seeks a copyright over the images, he/she/they on prior written permission from the Photographer may purchase the same on the terms and conditions provided by the Photographer. Notwithstanding anything to the contrary, the Client understands that the unedited / raw images taken during the session will not be shared with the Client at any time
Failure to Perform: If the Photographer cannot perform his obligations under these Terms, due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid to the Client, or the parties shall mutually agreed for the shoot to occur on another day. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera 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.
Liability: It is the Client's responsibility to take care of their pets. Photographer will not accept any responsibility due to any accident to anyone or damage to public or private properties during the photo shooting or consultation session. Further, the Client shall be fully responsible for the safety of the Photographer and his team during the shoot. In case of any accident resulting in injury to the Photographer or his team during the photo shooting or consultation session, the Client shall be solely responsible to pay the compensation that may be payable to such injured person including the medical expenses and other incidental expenses that may be required for the treatment for the same.
It is understood that the coverage of the photography gear and other props be it a third part place, the Photographer’s studio or client residence shall be the complete responsibility of the Client. In the event any damage occurs during the shoot that can be attributed to the pet or the pet family, the Client shall take complete responsibility of the same.
Further, in the event that the pets damage the photography gear and other props including furniture used during the shoot, it shall be the responsibility of the Client to replace/ reimburse the Photographer from such damages suffered. In the case that the pets defecate during the shoot, it shall be the responsibility of the Client to ensure that the same is cleaned and any waste generated during the shoot is disposed of effectively without any delay.
Other terms and conditions:
Client accepts that all photographs will be taken and edited at the Photographer’s discretion based on the Photographer’s experience and artistic view. If the Client has special requests shall create a shot list of all shots that they require.
The Photographer(s) will be allowed one 20 minutes break at their own discretion, and bathroom breaks when necessary. Photographer will be provided a full guest meal for any photography session lasting longer than 5 hours. If no meal is provided, the photographer(s) reserves the right to go off-site for a meal for 45 minutes.
The Client shall ensure that they come on time for the shoot, in the event of an anticipated delay from the Client’s end, it shall be informed to the Photographer in advance. If the delay from the Client’s end is beyond thirty (30) minutes from the allotted time, the Client understands that the session would be extended and the Client would bear the additional costs for the extension in time. If there is a delay from the Photographers end due to any unforeseen circumstances, the session can be extended to the time of delay without any additional cost to the Client.
The Client acknowledges that adding extra members on the spot without prior intimation will entail additional charges of INR 2000/- per person or pet. Further, additional charges will be applicable for extended family members like grandparents, friends, cousins etc. Price applicable for the same be provided on request.
The Parties acknowledge that these Terms may be, update or change at any time upon the discretion of the Photographer. If there are any changes made to these Terms, the Photographer will ensure that the Client receives a copy of the amended Terms
All the communications with the Photographer or the studio shall be in English and in writing.
These Terms and all matters relating to your access to, or use of the services provided herein shall be governed by and construed in accordance with the laws of India and the Courts at Bangalore shall have exclusive jurisdiction in any matter arising thereof.
In the unlikely event that the Client faces any issues or wishes to give us any feedback pertaining to the services, please contact us at stillsbyrohit@gmail.com
