When booking a session, client agrees to these terms and conditions upon paying the booking retainer fee. Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions.
This contract is between 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 "the client").
These terms and conditons are also bound to client's Guests/Family/Attendee's during photoshoto and that it is the client's responsibility to educate and/or distribute said terms and conditions to all person(s) involve in booked session.
“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement.
Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
The term of licence begins from the date Photographer receives full payment of invoice on the date of shoot at studio.
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.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.
The photographer reserves the right to post pictures from the session in various online platforms, competitions, websites etc. If you wish not to allow the photographer to post your images on above mentioned platforms, an additional amount of Rs. 10,000/- is charged for the same.
Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer.
Portrait sessions include editing which consist of changes to the color, crop, contrast, & exposure at the photographers discretion. Portrait sessions do not include retouching. Boudoir sessions include retouching done at the photographer discretion.
Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).
Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).
Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.
Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.
In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
Time is of the essence for receipt of full payment under this Agreement.
NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.
UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.
Booking Amount which is non-refundable (in any circumstance or situation) is charged to keep a slot available for your session within a requested calendar month. A invoice will be shared with the receiving of Booking amount to keep a slot (based on mutual discussion and availability) for your session. Invoice will also show the remaining due balance to be paid at the studio on the date of shoot post which unedited medium resolution digital jpeg images will be shared via online link to make selection for the editing of images or photos.
Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
20% of total amount due will be charged intially to book OR freeze the date of session/event in our schedule. 40% of the total amount due will be charged on the day of the first event addressed by the team members. Remaining 40% of the total amount due will be charged on the date of wedding before phere ceremony to share the raw data with the client within the duration of 10-12 working days of business from the last date of the event/wedding date as per the invoice shared with the client at the time of booking the event with photographer. If payment is put on hold due to any reason or partial part of the payment is received - work will be addressed accordingly.
Client will only get the deliverable which are mentioned on shared invoice at the time of booking of the event. If client asks for anything extra - add-on cost will be applicable for the extra work or request.
Client will receive the final compiled or edited videos from the photographer within the period of 04-08 business weeks if there are no changes on videos are requested by the client from the editor. If client request for changes in the videos in terms of songs, clips or any particular shot - then timeline of final compiled or edited videos might be increased based on the time needed to address the changes by the video editor.
Client is requsted to share the selections of photos to process the album and printing related job within the period of 06-07 months from the date of his/her event or wedding date.
If a client fails to share the selection of photos or images within the period of 06-07 months from the date of his/her event or wedding date (due to any reason or circumstances) - work deal will be closed due to non-receiving of selections from the client and all team members including the photographer will be relased from all work of the respective client and are free to move on with different work.
If a client request to resume the pending printing or editing work after the period of 06-07 months from the date of his/her event or wedding date (due to any reason or circumstances) - client will be charged with a penalty fee of Rs. 10000/- extra to resume the work and fresh or new pricing will be applicable in the event of change in the pricing or cost of the respective work from the date of the event was booked by the client. If client deny from the penalty fee of Rs. 10000/- extra to resume the work and also not willing to pay as per the current pricelist to address the requested work - then photographer is not liable to continue further to address any such request from the client.
Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.
A Non-Refundable Booking fee of Rs. 1500/- will be charged to hold your session date with us (as mentioned on the shared invoice with the client). The remaining balance is due the date of your session. If you cancel your booking fee is forfeited and may not be applied to another session. If you do not cancel and the photographer arrives at the location of the session you will be responsible for paying the remaining due balance mentioned on the invoice.
If Client requires a reshoot, Client will pay Photographer an additional fee of 100% of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.
If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, or acts of God, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.
If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill 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.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files link created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.
Any requests for the photographer to reproduce images that were already delivered will be complete call of the photographer.
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 reproduction technology and use(s) for which the Image(s) is licensed.
Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color 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.
All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested. Some images may only be produced in color or black and white at the artists discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at Rs. 500/- per image.
Sessions will be conducted at a Studio/location agreed upon by the photographer. The photographer will not trespass or use any property/locations that is considered unlawful to do so. The photographer is bound by any rules states for the property or location. If the Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the owner of the property. The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.
No other photographers/videographers are allowed during the session unless agreed to in writing by Greaterthan Photographie. Client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer.
Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
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 photography assignment.
This Agreement will be deemed to be a contract made under the laws of the Delhi State and India, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of Delhi, India. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.