TERMS AND CONDITIONS OF CONTRACT FOR PHOTOGRAPHY SERVICES
In the following terms & conditions the “photographer” shall mean Deepak Muniraju trading as Tattvasrishti and “photographer/s” shall mean Deepak Muniraju along with his assistant photographers and videographers trading as Tattvasrishti.
“The client(s)” shall be those persons defined as the couple, i.e, the prospective bride and prospective groom or the individual(s) hiring the photographer. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Client(s) agree(s) to permit the photographer to accompany his chosen assistants to the event(s) and to permit his assistants to assist him in his work.
Booking Fee / Deposit Payments
A non-refundable booking fee of 50% as well as full acceptance of the terms and conditions as published on the photographer’s website secures the time and services of the Photographer for the photo shoot and is nonrefundable or non-transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due. Payment in full of the remaining balance will be due one calendar week before the event date. Events that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
The Client(s) may cancel this contract at any time before the photo shoot by giving written notice to the Photographer, but in doing so shall forfeit any amount paid. All cancellations must be in writing.
Copyright, Reproduction, and Model Release
The copyright of the photographs and video taken is retained by the photographer at all times throughout the world.
The Client(s) is/are entitled to use / share / reproduce their pictures and video taken by the Photographer for their personal use, but in accordance with this contract.
Client(s) agree(s) not to sell any of the files or prints or video without written permission from the photographer or share their pictures or video for any commercial use. The Client(s) may not add any logo other than the Photographer’s logo on their pictures or video for any reason nor grant permission to anyone else for the same unless under exclusive written permission by the photographer.
The photographer retains the right to use the photographs and video for the purposes of advertising or otherwise promoting his work. The client agrees to have themselves and others in their photographs and video pictured in such a way. The client agrees that they are signing a model release to allow the use of their photographs and video (of themselves and others involved) for the photographer’s business purposes.
The client(s) hereby allow(s) the photographer to display any photograph / video covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.
Limit of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any circumstance, 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. Any legal matters will be held in the photographer’s home state.
If the Photographer or his assistants are unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of nature, accident, illness, or technical problems, and if the photographer cannot provide another competent professional, all money received by Photographer will be returned to Client(s), and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs/video or failure to deliver photographs/video for any reason. Liability for a partial loss of photographs/video shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund, whose total amount cannot exceed the total amount paid by Client(s) under this agreement during the time preceding the date on which such liability arises.
The Photographer/s shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer/s judgment regarding the locations/poses and number of images / duration of video taken shall be deemed correct.
Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised.
All required permits for photography/videography on locations arranged by the Client(s) shall be the responsibility of the Client(s). The photographer/s shall not be held responsible for not being able to take pictures/video due to any lack of prerequisite permits.
The photographer and his assistants shall be the exclusive photographers/videographers hired by the Client(s) to cover their event(s). There shall be no other professional photographers/videographers and or contract between the Client(s) and any other photographer/videographer for the said event(s) unless agreed upon.
In the unlikely event of the assigned Photographer being unable to attend the event due to unforeseen circumstances, the photographer reserves the right to appoint other photographer(s) / or his assistants to attend the event on his behalf to undertake the photography to their best ability.
Safety and Code of Conduct
The Photographer/s reserve(s) the right to terminate coverage and leave the location of the events(s) if the photographer/s experience(s) inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s); or in the event that the safety of the photographer / his assistants/ or the safety of the photographer’s equipment is in question.
Ensuring the appropriate behaviour of all guests and other persons attending on behalf of the Client(s) at the event covered by Photographer/s shall be the responsibility of Client(s).
It is the responsibility of Client(s) to prevent family and friends from interfering with Photographer/s duties. Photographer/s is/are not responsible for compromised coverage due to causes beyond their control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Photographer/s is/are not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage or the quality of photography coverage.
Client(s) acknowledge(s) that they are familiar with the Photographer’s portfolio and have requested photographic services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the photos/video may be different from the photographs/video taken by the Photographer in the past; and that in creating the photos/video, the Photographer shall use his personal artistic judgment to create images/video consistent with his personal vision of the Event(s), which vision may be different from the Client(s) and /or the subject’s vision of the event(s). Accordingly, Client(s) acknowledge(s) that the photos/video shall not be subject to rejection on the basis of taste or aesthetic criteria.
A limited number of pictures and video clips, as deemed fit by the photographer shall be shared with the Client(s) as proof, within a week’s time of the photo shoot.
The Client(s) shall grant at least 1 calendar month’s of time for the Photographer to submit all the pictures and edited video.
The Photographer reserves the right to deliver only those images deemed to be of acceptable standards in his judgment and discard other images.
The Photographer shall submit only limited number of edited pictures corresponding to each event, for which the total numbers of edited pictures shall be fixed on prior written agreement. The Photographer shall charge extra, depending on the volume, for any further editing of the images. Video editing shall be done as per photographer’s aesthetic vision and no further editing shall be made.
Payments will not be accepted in cash and shall only be accepted via cheque or bank transfer to the photographer’s firm -Tattvasrishti’s current account.
All our merchandise shall or may include our Brand Name, Logo, Website Address and Contact Details.
*Though the terms of the contract shall remain valid, please be assured that we are responsible individuals and are very conscious of our Brand Name and Brand Quality. We will deliver the very best of our skills and service.
**Tattvasrishti shall always use the pictures/video of Client(s) / Subject(s) responsibly, sparingly and only as much as needed for business promotions. We retain all rights to pictures as its our creation; our work of art! And as commercial artists we need to promote our work to enhance our business. By granting us permission to use your pictures/video for our business promotions, you become our valued Brand Ambassadors! If we do decide to use your pictures/video for our promotions, as our valued Brand Ambassadors, you shall get a host of exclusive benefits from us in terms of photo shoot discounts; gifts like posters of your pictures, photo frames, photo featured diaries/ mementos, photo engraved t-shirts, coffee mugs etc. on special occasions, regularly, as long as we feature your pictures for our promotions!
However, if you do not wish your pictures/video to be used by us in any way, you have the option of buying exclusive and complete rights over your pictures/video by paying a premium amount for the exclusive rights.
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