PHOTOGRAPHY SERVICE AND TRANSFER OF NON-EXCLUSIVE LICENSE AGREEMENT

General

These Terms and Conditions Agreement (the “Agreement”) is between Evgeniya Ovsyannikova Photography (The Photographer/me/my/I) and you (The Client).

Acceptance

  • Your booking and/or payment of your session fee signifies acceptance of these terms and conditions as a legally binding contract unless otherwise objected to explicitly and in writing, before accepting my service. No variation of this contract shall be recognized unless explicitly agreed to in writing.
  • If this contract has to be enforced, you agree to mediation instead of court proceedings.

Copyright and Ownership

  • The copyright and all other rights in the photos shall be retained by Evgeniya Ovsyannikova Photography. Any unauthorized reproduction or modification of any images will constitute a breach of copyright.
  • The Client grants The Photographer all rights for display, broadcast, exhibition, promotion, and advertising use of all images produced under this contract unless otherwise stated in writing by The Client.
  • The Client acquires photos only for personal use and has no right to use them for commercial purposes and / or transfer commercial rights to third parties.
  • The Client is free to share any of the final photos on any social media platform. The Client agrees not to alter/apply filters to the photos. Giving credit as ‘Photo by Evgeniya Ovsyannikova (www.ovsyannikova.com)’ when posting on social media is appreciated.

Exclusivity

The Photographer shall be the exclusive photographer retained by The Client for photographing the event. Guests, family, and friends of The Client shall be permitted to photograph as long as they shall not interfere with The Photographer’s duties.

Reservations and Payments

  • The price for your photo shoot session will be as agreed at the time of booking. Sessions rescheduled by the Client are subject to the prices current at the time of rescheduling.
  • A security retainer is required to book the photoshoot. The booking fee will be deducted from the cost of the Client’s chosen package when calculating the final balance due.
  • The Client pays any card/bank transfer/PayPal fee.
  • The Photographer will not reserve the date or make any other preparations for The Client’s event until the retainer is paid.
  • Payment in full of the remaining balance will be due at the latest on the photoshoot day.
  • Additional goods ordered must be paid for in full at the time of ordering. This includes prints, albums, special editing of images, RAW digital files, and any other services ordered after the event.
  • Payment can be made by Bank Transfer, Card Payment, PayPal, or cash in person.
  • The Client will be liable to pay any additional expenses incurred by the Photographer not already included within the contract price. This includes, for example, access fees charged by some venues, and the dispatch of albums, and other products.

Expense Reimbursements

  • The Client agrees to reimburse The Photographer for all reasonable expenses relating directly to the photo-shoot event itself. For example, parking fees, destination travel fees, hotel fees accommodations, etc.
  • If an event ends later than 10 p.m. and The Photographer and her assistant are more than sixty kilometers away from their home, the Photographer reserves the right to book a hotel room. In this case, the Client will reimburse the Photographer for any expenses.  In most cases, the Photographer is more than happy to stay in the hotel where the Client has reserved rooms for out-of-town guests.
  • Travel expenses must be paid in advance with the retainer.

Permissions & Location limitations

It is The Client’s responsibility to schedule (if needed) and receive permission (incl. any additional payment) to use various locations for photography, including the event locations and any other locations used during the day. The Photographer is limited by the rules and guidelines of the location(s), and The Client agrees to accept the technical results of those limitations.

Cancellation

  • In the improbable event of cancellation by the Photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
  • The Photographer will endeavor to put the Client in touch with another photographer in the event they are unable to attend on the shooting date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
  • If the Client cancels the photoshoot for any reason, including acts of God, fire, strike, and/or extreme weather, the security retainer paid is non-refundable.
  • If the photoshoot is postponed, the retainer can be transferred to the new date, providing the new date is available. In case of rescheduling, the cost of the photoshoot will be based on the current pricing.
  • A service fee of 5 % or PayPal fees will be deducted from any refund minus any bank charges occurred in receiving and returning the retainer.

On the Photo-Shoot Day

  • Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at said person’s own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
  • The Photographer will be provided a full meal for any photography session lasting longer than 6 hours. If no meal is provided, the Photographer reserves the right to go off-site for a meal for 45 minutes.

Event Schedule / Timeline

  • The Client agrees to confirm the schedule no later than 2 days before the event.
  • It is understood that it is The Client’s responsibility to inform the Photographer in written form for any date or location changes.
  • The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time, shooting will still commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Client accordingly. The number of photos delivered may be adjusted to reflect the actual time spent together.
  • Moving time between the locations and possible downtime is included in the shooting hours.
  • Time spent on change of outfits is included in the shooting hours.

Image / Shot Requests

  • While The Photographer will make every reasonable effort to take specifically requested photos; The Client understands that due to the varieties of the weather, available light, and willingness or availability of subjects, The Photographer cannot guarantee that any particular requested photo will be taken.
  • The Photographer works independently, using her equipment and materials, with care and expertise suitable for this type of work. However, the final outcome may vary depending on the lighting conditions at the location, which could affect the aesthetics of the photos compared to those in the Photographer’s portfolio.
  • The Client acknowledges that they are familiar with the Photographer’s portfolio and style of work, and they accept it, including the photographic style and overall aesthetics of the images produced.

Image Processing and Delivery

  • Unless agreed upon before any editing work, high-resolution pictures may contain a mixture of color, black and white, and selective color images.
  • The Photographer will make every reasonable effort to correct exposure, color, tone, contrast, sharpness, and cropping of all delivered photographs. The Photographer will not selectively edit portions, remove or add people or objects, “clean” the wedding dress, or otherwise alter individual photographs unless specified in the photography collection description.
  • The Photographer will not edit for physical size, hair, or any other physical appearance issues unless specified in the photography collection description. The Client may request further changes for an additional charge.
  • The Photographer takes up to 60 days to deliver the edited digital photographs to The Client in a link form. The link will expire in 30 days.
  • Turnaround time for the wedding album is up to 90 days from the day when the Photographer gets a final selection of photos from the Client.
  • If unforeseen circumstances like illness or force majeure cause a delay in photo delivery (up to 15 days), the Photographer will inform the Client in writing. If the photos are late without prior notice, the Client can impose a fine of 20% of the contract price on the Photographer.

Archiving of Images

  • All final images will be stored and archived by The Photographer for one year.
  • The Client is responsible for making a backup of all photos from the digital download. There is a 1000 CZK fee (paid upfront) for files to be recovered from the archives and uploaded again.

Applicable Law

This agreement shall be governed by the laws of the Czech Republic.