TERMS AND CONDITIONS FOR PORTRAIT AND OTHER PHOTOGRAPHY SERVICES
In the following terms and conditions “the Photographer” shall mean Nadia Audigié trading as Nadia Audigié Photography. “The Client(s)” shall be the person indicated in the bill for the photo shoot. 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.
A 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 non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Payment in full of the remaining balance will be due up to the day of the event.
Any extra cost that will occur during the photo shoot (such as travelling expenses, administrative fees for permissions to photograph destinations of the Client's choice, renting a studio, wardrobe and make up) will be added to the nominal price of the package and must be paid the day of the photo shoot. Late payment will be subject to a 30% fine.
Consultation and Arrangements
The Client has a right to a one hour consultation with the Photographer prior to the day of the photo shoot. The consultation can be face-to-face, via Skype, email or telephone. During this consultation photo shoot arrangements will be discussed: photo shoot time-frame, photo shoot locations, and photography advice for the Client (posing, wardrobe, hair and make up).
The details of the photo shoot arrangements are to be agreed beforehand in writing. The Client shall notify the Photographer of any changes to these details in writing. The Photographer cannot be held liable for delays or disruption in the delivery of the service until any changes are received, and acknowledged in writing.
The Client may cancel this contract at any time by giving written notice to the Photographer. All cancellations must be in writing.
A standard photo shoot session is 1h30 - 2 hours (1 hour for the “Model for a Day” package) unless stated otherwise. In case of the Client arriving late to the photo shoot, depending on the Photographers availability she may extend the time of the photo shoot for an additional fee. Otherwise the Client will have to choose between locations if multiple photo shoot locations were agreed upon.
In the unlikely case of the Photographer being late for the photo shoot, the time of the session will be extended and all extra expenses connected to the late start will be assumed by the Photographer. The Photographer will also provide complimentary retouched images.
A private on-line gallery with watermarked photos will be provided for the client within 2 working days after the photo shoot. Within 5 calendar days after receiving the link to the gallery the Client must respond to the Photographer with a list of the chosen images. The Client may upgrade their package and choose additional photos after paying the difference in package prices.
In the case where the Client does not respond within 5 calendar days with a list of chosen photos - the Photographer reserves the right to select the photos herself.
The watermarked photos are only to be used for their direct purpose – choosing finals photos. Watermarked photos are not the final product, they are the property of the Photographer and cannot be posted anywhere on social media.
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer will provide retouched photos with a pleasing colour balance, some photos might be in black and white. All post-processing of the images is subject to the artistic view of the Photographer that will be consistent with the Photographer's previous work, unless stated otherwise.
If you have any particular requests for the post-processing of the photos, please communicate them to the photographer in one email before the final photos are delivered, they will be taken into account. Any extra digital manipulation after the images have been delivered is available to the Client as an option at extra cost.
The Photographer will send all selected retouched images via Wetransfer within a 2 week period after receiving a list of chosen photos. The images will be provided in two formats: full size and a copy with a 2048 px long edge for the Client's ease of use. Non-retouched images are not transferred to the client as they are not an accurate representation of the Photographer's work.
The Client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, photo-contests, websites, social media, sample albums etc.
Art. L111-1 of the French Intellectual Property Code assigns the copyright of the images to the photographer. The Photographer retains all intellectual rights to the images and reserves the right to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, photo-contests, websites, social media, sample albums etc.
NDA (Non Disclosure Agreement) - OPTIONAL
Under these Terms and conditions the Photographer agrees to exclude the photos taken during the photo shoot from any present and / or future marketing campaigns and / or social media run by the Photographer against an added compensation of 15% from the total payment for the photo shoot, this constitutes a compensation for lost profits. The NDA applies to all photos from the photo shoot and is valid in perpetuity.
Client Use of Images
The Client retains a license for personal use of the images. The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date. Where use is restricted in the Agreement, use of the photographs for other purposes should be discussed with the Photographer beforehand. Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.
Any commercial or otherwise unusual usage of the images by the Client (such as participation in photo-contests, etc.) is to be discussed with the Photographer beforehand. Failure to do so is illegal and will be subject to a lawsuit. No images provided by the Photographer may be digitally altered without the permission of The Photographer in writing.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment are taken, the photographer will not be responsible for photographs that are not produced due to technical failure.
In the unlikely event of the assigned Photographer being unable to attend your photo shoot due to unforeseen circumstances, the Photographer will appoint another photographer to attend your photo shoot and undertake the event photography to his/her best ability.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other 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 directions issued to Client during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
This agreement shall be governed in accordance with the law of the French Republic.