TERMS AND CONDITIONS FOR PORTRAIT PHOTOGRAPHY SERVICES

In the following terms and conditions “the Photographer” shall mean Nadezda Audigié trading as Nadia Audigié Photography. “The Client(s)” shall be the person(s) participating in the photoshoot. 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.

Payments 

A booking fee of 30% 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 photoshoot. The Client understands that by entering an agreement the Photographer is foregoing other photographic jobs and the session deposit is non-refundable. Full payment is due by the start of the session. If full payment as well as a signed copy of the Terms and Conditions are not received by the start of the session, the session will be cancelled and the session deposit forfeited. Please be sure to review all pricing, appointment time, shoot location details, and terms before paying the session deposit.

Any extra cost that will occur during the photoshoot (such as travelling expenses, administrative fees for permissions to photograph destinations of the Client’s choice, renting a studio, etc.) will be added to the nominal price of the package and must be paid the day of the photoshoot. In accordance with article L-441-6 of the Commerce code late payment will automatically and without prior notice entail a fine (the amount due multiplied by 3) in addition to a fixed compensation of 40€.

Consultation and Arrangements

The Client has a right to a one hour consultation with the Photographer prior to the day of the photoshoot. The consultation can be face-to-face, via Skype, email or telephone. During this consultation photoshoot arrangements will be discussed: photoshoot time-frame, photoshoot locations, and photography advice for the Client (posing, wardrobe, hair and make-up).

The details of the photoshoot arrangements are to be agreed on beforehand. 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. 

Cancellation 

The Client may cancel this contract at any time before the photoshoot by giving written notice to the Photographer. All cancellations must be in writing. 

Photoshoot

On the day the session will start only after the full payment for the photoshoot and signing of the Terms and Services by both parties. 

The duration of the photoshoot session is 1h for the Solo and Love Story “Silver” and “Gold” Packages, 1h30 for the Family “Silver” and “Gold” packages and 2h for the Solo “Platinum” package, unless stated otherwise.

In case of the Client arriving late to the photoshoot, depending on the Photographer’s availability the session may be extended for an additional fee of 20 Eur/ 30 min. Otherwise the photoshoot will be finished at the originally agreed upon time and the Client will have to choose between locations if multiple photoshoot locations were agreed upon.

In the unlikely case of the Photographer being late for the photoshoot, 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.

Photo Selection

A private online gallery with watermarked photos will be provided for the Client within 2 working days after the photoshoot (unless stated otherwise). Within 5 calendar days after receiving the link to the gallery the Client must respond to the Photographer with a confirmed selection of images (unless stated otherwise). The Client may upgrade their package from “Silver” to “Gold” and/or choose additional photos for full retouching (15 eur/photo) after paying the difference in package prices. 

In the case where the Client does not respond within 5 calendar days with a confirmed selection of photos the Photographer reserves the right to select the photos herself.

The watermarked photos are only to be used for their direct purpose – choosing final photos. Watermarked photos are not the final product, they are the property of the Photographer and cannot be posted anywhere on social media.

Retouching 

The selected photos will be adjusted for exposure, brightness, contrast, sharpness, undergo colour correction and detailed digital cleanup (eracing undesirable imperfections, distractions in the background, etc.)

The “Silver” packages include a limited number of fully edited photos. The “Golden” and “Platinum” packages also include all the other photos from the gallery in colour correction, however these are not subject to detailed digital cleanup.

All retouched images will be provided 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 along with confirming your photo selection, 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. 

Images 

The Photographer will upload all due retouched and colour corrected images into a gallery within a 1 – 2 week period after receiving confirmation for the selection (unless stated otherwise). The images will be available to download in JPG format in two sizes: Web-size (1600 x 1066 px, 300 dpi) and High-Res (original image size, 300 dpi). Non-retouched images are not transferred to the Client as they are not an accurate representation of the Photographer’s work.

The retouched and colour corrected images will be available to download for 90 days after the gallery delivery date. The Client should take care to download and create backup saves of the images. Beyond this period the Photographer can not be held accountable for providing copies of the images due to limited digital storage.  

Copyright 

According to Art. L111-1 of the French Intellectual Property Code all images are copyrighted and ownership rights remain the sole and exclusive intellectual property of the Photographer.

Client Use of Images

The Photographer grants permanent usage rights to the Client. This permanent license comes into effect only from the date of full payment of the relevant invoice(s). The permanent license provides the Client with the right to publicly display, unlimited print, and distribute the images for any reason. Images cannot be altered or sold to other individuals. Copyright infringements include reproducing photos without the written and signed permission of the Photographer and will result in civil and criminal penalties.

Print Release 

A print release will be provided with digital files to print images for personal use. The print release does not allow publication of your images (i.e. entering in contests), selling, or altering the images without the Photographer’s written permission. The Client is provided the right to print at will all final digital files delivered, this does not include the watermarked images. 

Model and Photograph Release  (For Discounted Photoshoots)

It is agreed that Nadia Audigié Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests and any other purpose thought proper by Nadia Audigié Photography excluding any defamatory or degrading use.

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 is taken, the Photographer will not be responsible for photographs that are not produced due to technical failure. 

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. 

Personal Accident 

Any directions issued to the Client during a photoshoot are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a photoshoot. 

Governing Law 

This agreement shall be governed in accordance with the law of the French Republic. 

Copyright © 2019 Nadia Audigié
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