TERMS AND CONDITIONS FOR WEDDING AND EVENT 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.
Booking Fee / Deposit 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 by entering an agreement, the Photographer is foregoing other photographic jobs and the session deposit is non-refundable. Full payment is due the day of the event. If full payment as well as a signed copy of the Terms and Conditions are not received by the day of the event, the service will be cancelled and the deposit forfeited. Please be sure to review all pricing and terms before paying the deposit.
Events that are postponed to a later date will retain the fee as long as the Photographer was informed 1 month prior to the original date and can re-schedule for the new date and time.
Any extra cost that will occur during the event (such as travelling expenses, administrative fees for permissions to photograph destinations of the Client’s choice, etc.) will be added to the nominal price of the package and must be paid the day of the event. 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€.
The following payment options are available to the Client: bank transfer, cash, TransferWise or Paypal. Important! If the Client chooses PayPal as their preferred payment option a 5% transfer fee will be added to the bill to cover PayPal transaction fees.
The Client has a right to an hour consultation with the Photographer prior to the day of the event. The consultation can be face to face, via Skype, email or telephone. During this consultation event arrangements will be discussed (event time-frame, event locations and photography advice for the Client).
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.
A questionnaire will be be provided for the Client. The filled in version of the questionnaire is to be returned to the Photographer up to 30 calendar days before the day of the event.
The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit the booking fee, or the full amount of paid money if the cancellation occurs less than 1 month prior to the event. All cancellations must be in writing.
All images will be adjusted for exposure, brightness, contrast, etc. The Photographer will provide retouched photos with a pleasing colour balance, a certain number of the 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.
Retouching and digital manipulation out of the standard scope (ex. eliminating “chicken pox” marks, completely changing the background in images), as well as any extra digital manipulation after the images have been delivered is available to the Client as an option at extra cost.
The images will represent the day of the event to the best of the abilities of the Photographer. The Photographer is not liable for the weather conditions on the day of the event, or any other variables out of the Photographer’s control that may influence the output of the images.
The Photographer will provide all retouched images via an Online gallery and on a Flash drive (for Sapphire and Diamond packages with delivery in France). 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). The Client should take care to download and create backup saves of the images.
The Photographer will provide the images in an Online gallery within a 2 month period after the date of the event. The Photographer is not liable for delays in delivering the Flash drive due to the work of the post office.
The Online gallery will be active for 90 days after the gallery delivery date and can be viewed by the Client, their relatives, friends, and acquaintances.
The Photographer will store a copy of the images for a period of 6 months after the date of the event. Beyond this period the Photographer can not be held accountable for providing copies of the images due to limited digital storage.
For a booking involving a church ceremony or at certain venues, the Photographer’s movements are sometimes restricted by the official in charge. The area from which the Photographer is able to cover the ceremony may not be the Photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should this be the case. The Photographer cannot be held reliable for photos missed due to the vue being obstructed by guests or other vendors.
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.
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 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 event due to unforeseen circumstances, the Photographer will appoint another photographer to attend your event 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 the Clients, their guests or employees 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.