This contract is between M/s Greaterthan Photographie (hereinafter known as "the photographer") and the person whom has either:
1. Booked a Photoshoot OR 2. Paid for a photoshoot OR 3. Received the Photoshoot as a gift (hereinafter known as "client").
These terms and conditions are also bound to cliet's Guests/Family/Attenddee's during photoshoot and that it is the client's responsibility to educate and/or distribute said terms and conditions to all person(s) involved in booked session.This agreement will become efffecting and binding, once the confirmation of booking is received by the client and booking amount has been received by the Photographer.
- At the time this contract takes effect, the photographer shalll reserve the date and time mutually agreed upon and not make any ohter reservations or accept any other client for said date and time slot. for this reason, in the event that client cancels the contract (due to any reason or in any circumstances) or that the client does not show up at previously agreed uponn location/date/time reserved (due to any situation or circumstances); all paid amount shall be retained by the photographer in order to offset its loss of business and is not transferable in any way or form.
- Booking a photo session: A Rs.1500/- booking fee payable to secure the date and time agreed on. This booking fee is non-refundable, it being the agreed loss suffered by the photographer due to client cancellation or client failing to be on time for session. Remaining due balance is to be paid on the date of photoshoot session at studio. Any additional payments for extra images, album, photo prints and canvasses or any other services are to be made when order is placed.
- Travelling expenses will be quoted separately and are payable in full before the session date. Only payment via Cash/Card/upi will bbe accepted, No e-wallet or other form of payments will be accepted, due to high transaction costs.
- Wedding cancellation / postponement: Client understands that by entering into this agreement, photographer is foregoing other photographic jobs. In the event of a cancellation of the wedding or photographer's serivces, client will not be refunded their booking fee n order to offset the loss of business and time photographer has already invested in aiding client and preparing for client's wedding. Cancellation is to be given to photographer electronically in writing. Furthermore, client will be subject to cancellation free for the following amount dependent on the notice period given to photographer:
- 3+ weeks notice - Booking Fee
- 2 weeks notice - Booking fee + 50% of remainiing fee
- 1 week notice - Booking fee + 75% of remaining fee
- During a photo session: Client and photographer will meet at pre-determined date, time and place. DO NOT BE LATE! the client understands that session times are booked according to a shooting schedule. Photographer will not be held liable for client's loss in session time and session fee, the client(s) are responsible for arriving on time.
In the case that the client is not on time, the time will be deducted from the original agreed session time and the photographer will not be held responsible for loss of suitable shooting light or the missed amount of images agreed upon not obtained within the time remaining for the planned session. Calculate your travel and traffic time accordingly. In the case that the client did not show up at all, completely missing the entire booked session, a re-booking fee of Rs.2000/- is payable to reschedule a new date / time slot.
- Post Session: The retouching and editing process takes approximetely 15-25 working days to complete depending on the level of retouching required, amount of images to be retouched. Photographer will edit(s) onny the number of photos mentioned on receipt shared with client at the time of booking a session based on package selected for your session. Client will choose the photos for editing from the date of unedited digital Jpeg images shared with them. Edited photos will be processed from the date of selection received based on first come first served basis. The client will not put the photographer under any pressure to perform faster n any way or form.
- Final Product: All packages are quoted with a set amount of digital high resolution jpeg images (unless otherwise stated). Photo prints and ohter products can be purchased extra. Images chosen are solely at the photographer's professional discretion in this matter. The client accepts that technical considerations in photography might result inn a specific shot not being suitable for publication or delivering to the client.
- Delivery: The client will receive a private online link via WhatsApp and/or email, with instructions to download their session images at own leisure. Download link will be valid for 07 days fromm the date of sharing the link. The client is responsible to download and backup session images on own devices and/or cloud.
print products typically takes an additional 07-15 days to manufacture and client will be contacted to collect as soon as its ready. In the event that the client does not have access to the internet , a pendrive/external hard drive can be purchased by payng the purchase cost of pendrive / external hard drive to the photographer two weeks in advance.
- Wardrobe: Photographer will not be held liable for wardrobe failure, including and not limited to visible objects in pockets, including and not limited to underwear showing or fitted incorrectly. Photographer will not be held responsible for unclear eyes while client is wearing reflective or bifocal glasses.
- Makeup and Hair Do: We offer basic makeup and hair do services to offer a natural look for a photo session. Hair do services offer soft curls, hair crimping and hair strightening. For makeup services, we use only original products from the brand named kryolan, milani, forever, charmacy, etc. Photographer will not be held liable for hair failure, including but not limited to incorrect hair colour, freshly dyed hair stains on forhead, neck and ears, faulty hair cut and flyaway hairs. Photographer will endeavour to try and remedy above mentioned issues onsite if possible, or digitally without impairing the integrity of the images.
- Body Image and Self care: The photographer encourages positive body image. Client can quickly cover up unwanted or extra kilos with flattering clothing and accessories. It is the responsibility of the client to affirm self-care of themselves and their guests to arrive and ready to start with clean face, nose, teeth, hands, feet, clothes and nails. Photographer will try to help with digital cleanup but only to the extend a software allows or look natural in the images captured during a studio based photoshoot only.
- Weather: Photographer cannot control the weather. All outdoor sessions are dependent on weather conditions, and the client will not force the photographer to use their equipment if the photographer deems the weather to be unsuitable. In case of unsuitable weather conditions, the date will be rescheduled if needed based on mutual discussion with the client. Due to the sesitive nature of camera equipment, photographer reserves the rights to stop shooting, and take necessary steps to protect the camera equipment, in the case of bad weather breaking out. Photograher will not be held responsible for any loss of photographs due to weather conditions. If it is not possible for a photoshoot/session to take place on the scheduled day due to weather, photographer and client will reschedule on an agreed date as soon as possible with no additional charge.
- Guest Co-operation: The client is responsible for the conduct of their guests. Photographer will not tolerate verbally or physically abusive behaviour, not will photographer share their time, or compete for the attention of subjects. Unchecked guest conduct interferes with the quality of the images and the time taken to retake missed images due to guest involvement. A loss in time results in a loss in images of other subject.
- Small Children: Photographer understands that small children can be very unpredictable and still learing to communicate or vocalize their feelig or intentions. Therefore it is agreed that booking and paying for a photo session is at the own risk and discretion of the client and understands that it may potentially result in a photo shoot failure.
- Cake Smash Session: If one of the following statement describes your child, please reconsider booking session for your child. Client's child suffers from separation anxiety, is fearful and gets easily scared of new surroundings or people, hates sticky hands or getting dirty, has never eaten cake or dislikes sweet treats or is a fussy eater. Photographer will not be held or responsible for crying or screaming children resulting in a unsuccessful session.
- Co-operation / No Shows: The parties agree to positive co-operation and communication for best possible result within the definition of the assignment: client is responsible to clearly communicate to photographer if certain individual in the attended group must not bbe photographed in abundance. Photographer will handle this matter discretely. Photographer is not responsible for key individual's failure to be present and/or co-operate during photo session throughout the session time, neither for missed images due to details not revealed to photographer in advance. The photoshoot / session can be rescheduled at the origina portrait session fee.
- Reshoots:
- In the unlikely event that the finished product from the session is unusable due to technical problems (camera failure or exposure problem). Photographer will reshoot at no additional charge. No refund will be given after the session or retouching processes.
- In the event that the client is completely dissatisfied with the final results with a valid reason (considerable by photographer), photographer will reshoot at a 40% discount from the original quotation. Valid reasoning not included clause 9-16.
- In the event that the client is dissatisfied with the final results because of clauses 9-16, photographer will allow a reshoot at a 20% discount from the original quotation with the condition being that the client will only receive the total amount of images booked during first session.
- Reshoot must be booked within 06 months from the date of unsuccessful original booked date.
- Retouching, Edits and Digital Files: Standard portrait retouching includes: blesmishes removal, eye brightening, teeth whitening, contouring and general editing to contrast, level, saturations, exposure, etc. for a stylized effect. client agrees that they are familiar with the photographer's work as displayed on their website and instagram page and agrees to accept the editing choices of the photographer and abide by the editing style the photographer chooses for the specific conditions of the session.
- Image size, color, style and composition: All images size are approximate high resolution images are between 10-30 MB. The photographer will provide a pleasing color balance but cannot guarantee exact color matching. It is sometimes not possible to record on film or card or in print the exact color as seen by the human eye, There is no right to reject on the basis of style or composition.
- Original Files: All images files captured by the photographer are in RAW format to ensure high image quality. RAW files will not be given to client under any circumstances whatsoever instead client will receive unedited digital jpeg photos within 02-03 working days from the date of shoot post all balance due is paid to the photographer on the date of shoot/session. RAW format files are large in size and require specialized software to view and edit. Client will receive the selected amount of images in jpeg format only.
- Technicial Difficulties (studio bookings): In case of a power outage or lack of electricity for any reason, photographer reserves the right to stop shooting, and alternatively grant a reshoot on an agreed date as soon as possible free of charge. Photographer can and will not photograph in low-light conditions, as this will result in poor quality images. This clause applies to studio based photoshoot in low-light condition only.
- Print Life: CLient is aware that color dyes and inks in print may fade or discolor over time due to the inherent qualities of dyes and inks. Client releases photographer from any liability for claims whatsover based upon the fading or discoloration due to the inherent qualities from 3rd party print supplies.
- Attendances: In case of bad health or unforeseen circumstances, session dates may have to rescheduled by the photographer. In the unlikely event that the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend on his/her behalf to undertake the photography if such a photographer is available.
- Model Release: Client grants to photographer, their legal representative and assigns and any photographer acting with them, the irrevocable and unrestricted right to use and publish photographs of client, client's child/ren and guests, or in which client may be included for editorial, trade, advertising and other purposes (except pornographic, defamatory, libelous or other wise unlawful), and in any other manner and medium, to alter and copyright the same without restrictions. Client hereby release photographer, their legal representatives and assigns, and any photographers aciting with them, from all claims and liability relating to said photographs.
- Copyright: The client agrees that all images captured are copyright to and remain the property of "Greaterthan PhotographieTM. The entire copyright in the photographs is retained by the photographer at all times throughout the world. No copies of images may be sold for profit, in either print or digital format, by client or associates. The photographs given are considered final and may not be altered or edited by anyone else in any way without the written consent of the photographer. Client will be granted a print release permitting clients to print copies of their allocated images for personal use only (personal use includes social media, displaying on a non-profit base, allocating to friends and/or family and related).Photographer is not allowed to distribute client images to other members of the family or friends without the written permission of the client.
- Injury: Client shall not hold photographer responsible for any injury or harm that may come to client(s) during a photo shoot / session.
- Non-Disparagement Clause:Client agrees that they will not disparage photographer, or post any negative statements, comments, or feedback about photographer or service provided by the photographer to any third-party whether orally or in written publication or online forum, chat room, or message board, including but not limited to Facebook, Instagram, Twitter, Pinterest and Google.
Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agrees that in the event it is established that client has failed to comply with this provision, liquidated damages of Rs. 50,000/- shall be payable to photographer within 03 (three) months and client agrees that any and all legal fees incurred by the photographer shall be for the client's account.
- Limitation and Liability: In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. Photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital captures. However, in the unlikely event that all the original are lost, stolen, damaged or destroyed within or beyond photographer's control, photographer's liability is limited to the refund of 50% the total cost of package opted by the client or reshoot can be scheduled at no additional cost.
- Exhibition: Client grants photorapher permission to display selected images resulting from this assignment as an example of photographer's work and for enterance into photographic exhibition/competitions. Client releases all claims to profits that may or may not arise from use of such image(s). Client agrees to the publication of a blog entry on the photographer's social media, the final images are at the photographer's discretion if any.
- Social Media: If the client does not want images posted to social media, including and not limited to Facebook, Instagram, Website, the photographer must receive a written objection along with a nominal fee of Rs. 10,000/- to the photographer to stop an artist from displaying his work on any social platform or on website within a week before or a week after the session is entered into.
- Entire Agreement: These terms and conditions contain the entire understanding between photographer and client. It supersedes all prior agreement between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive on provision of this agreement, it does not mean that any other provision is also waived.