Terms & Conditions - Photography - Ruskin Felix
T&C are the legal agreements between us and our clients. The Client must agree to abide by the terms & conditions in order to use the offered service.
This Agreement is by and between “Photographer” and “Client” which includes the 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 and is above 18 years of age to enter into the said contract. 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.
1.1 The Photographer 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 and for any commercial purposes in advertising, social media, brochures, magazine articles, websites, sample albums etc through use of all media created during the assignment term.
- 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 Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
3.4 The photographer is not liable for publishing any video/audio format deliverable on the internet.
3.5 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 method (only one) for their assignment signed between him and photographer.
Payment modules are as below
4.1 Online complete payment , (using Razorpay)
4.2 Offline Payment (through cheque)
4.1 Payment mode will be a full 100% amount in advance at the time of booking online (inclusive of the booking fee) on the website using the payment modes available.
4.2 Any Payment done through Cheque should be provided to the photographer on or before the shoot date in the name of “Ruskin Felix Barar” as an account payee cheque.
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.
- 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.
- 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.
- 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) on first-cum-first-serve basis.
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,
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, if not paid initially.
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 20% of charged 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 not deliver digital negative files/raw files as they covered under copyright of the photographer. However, if needed that should be communicated by the client
9.2 The photographer will endeavour to deliver complete deliverables as quickly as possible. However, this could take up to 15 business days 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 15 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
10.2.1 Pictures selection is usually done by us and it has to be notified earlier if the selection is to be done by the client. This will be separately charged through the mail.
10.2.2 Once the final delivery is confirmed and completed, No extra requirements will be served without payment.
10.4.1 e-Invitation link for deliverables will not be available after fifteen days of the delivery.
- GALLERY ACCESS
11.1 Once the online gallery is ready and delivered by photographer, Client will only be able to view and download the online gallery.
11.2 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.
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 1 month.
11.6 The photographer may disable clients’ online gallery or revoke access in case of no payment.
- 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).
- 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.
- 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.
- PRINT QUALITY
15.1 In case where the photographer is asked to provide prints. 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.
- 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, and form of use of any Image(s) personal or commercial by Client will constitute acceptance of all the above terms and conditions