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By booking a shoot or placing an order with Arlene Studio e.U., the only following terms and conditions shall apply:
1. Definitions
“The photographer” means Arlene Studio e.U., professional photographer licensed to practice in Austria, with business address Semmelweisgasse 18Stg. 2, Tür 57100 Neusiedl am See, Austria.
“The client” means any person, body of persons, or company with whom the Photographer enters into a contract for the sale of goods or provision of services by The
Photographer.
“Ready digital images/the product” means the image files the client receives from the photographer, and depending on the type of service, it may include an item specified in
the photographer’s pricing table, for example a photo album. Those images are edited by the photographer without the altering of bodies and features. The client will also not be photoshopped into a background different from the background of the photo shoot. The client will receive no unedited images.
“Editing pictures” means reasonable adjustments made by the photographer regarding light, color, …… and not altering bodies and facial features, hair color, skin color.
“Pricing table” is the up-to-date list of services/products the photographer offers and their respective price. The pricing table is part of this terms and conditions.
2. Applicability and scope of the Terms and Conditions
The following Terms and Conditions apply to all cases when the photographer provides a service for the client.
By placing an order, the client accepts the applicability of the Terms and Conditions, unless the photographer waives them in part or in whole in writing.
Should an individual provision of the Terms and Conditions be proven ineffective, this will not concern the binding nature of the rest of the provisions.
Offers by the photographer are only binding after they are explicitly accepted by the client within 2 weeks of receiving it.
3. Product
Each package from the pricing list of the photographer contains an exact number of ready digital images the client will receive.
Within 3 days of the photo shoot is done, the photographer will create a private online gallery with unedited images from the shoot. The client will be granted an access to the
gallery, so they can inform the photographer which images they would like to receive.
The photographer will edit only those images and deliver them to the client as the ready product within 6 weeks of the date the client has informed the photographer about their
desired images.
The photographer shall store the ready product for 6 months from the date of delivery in case the client loses it or damages it. The client can receive a copy of the product at any time within the keeping period without any extra cost.
The client can purchase additional images at the corresponding rate (please check the photographer’s pricing table). The photographer has to be informed about it latest 7 days from the date the access to the gallery was granted to the client.
4. Copyright
The photographer is entitled to all copyrights and related rights as the creator of the images. Every use of the images, for any purpose other than personal use, has to be licensed by the photographer and their name, website and contact details have to be displayed. Unless otherwise agreed, the license for usage is limited to one single publication.
5. Booking and Cancellation:
The Client will be required to complete a Booking Form and pay an advance payment in the amount of 50,00 EUR. On receipt of the booking form and the payment, the photographer will send an email as confirmation. The booking will then be considered confirmed. The advance payment is part of the end price of the service.
Once the Client has made a booking for a specific time and date and this date/time has been confirmed, the photographer will not accept any other work from other clients for those times and dates;
As a result, once a booking is confirmed, if it is subsequently cancelled by the client, a cancellation fee will be charged to the client according to the following schedule:
When a client cancels a confirmed booking 7 business days prior to the confirmed date a cancellation fee in the amount of the advance payment will be charged. The client will be given the opportunity to once reschedule the shoot in the following 3 months from the initial confirmed date. The new date has to be arranged between
the photographer and the client.
When a client cancels a photoshoot within less than 7 business days of any confirmed date, the full price of the photo shoot is due. The client will be given the opportunity to once reschedule the shoot in the following 3 months from the initial confirmed date. If the clients, fails to reschedule the photo shoot within the given time period, none of the fees are refundable.
In addition to this cancellation fee, the client will be charged for any expenses in a direct relation to the booking already incurred by the photographer such as (but not limited to) hair/make up artists, prop/location hire etc.
6. Legal right of withdrawal
For services/products purchased online, the client has the right, without giving a reason, to withdraw from the contract within 14 days of the conclusion of the said contract.
This right is waived, when the contract concerns services such as professional photography services and the photographer has already started delivering them. In that
case, a withdrawal will result in a partial refund that corresponds with the percentage of the service being performed.
7. Price and payment schedule
All prices of services and products provided by the photographer are in accordance with the photographer’s price list.
A booking is only completed after an advance payment in the amount of 50,00 EUR is received by the photographer.
All materials and other costs (props, travel costs, make-up artist etc.) arisen from an explicit request of the client, must be paid separately. The full amount of the service/product is due 3 business days after the photographer presents the client with an invoice.
8. Shoot dates/times
All shoot dates and times are subject to availability and are allocated on a first- come first served basis. To secure an available shoot date and time, the photographer will require payment of the stated sitting fee from the client at the
time of booking the shoot.
9. Minors
Bookings for photography shoots must be made by persons aged of 18 or over. All subjects aged 17 or under must be accompanied and supervised at all times by a parent or legal guardian.
10. Conduct
At all times, the client will be responsible for the safety and conduct of all persons in their party whilst on the photographer’s premises or on location. The photographer reserves the right to terminate his activities without the refunding of any fees if he deems the conduct of any person to be unruly, inappropriate or likely to cause harm to persons or damage to property. The client agrees to pay in full for all loss (including consequential loss) and damage caused by anyone in their party.
11. Creative Licence
The Photographer shall be granted creative and artistic licence in relation to the choice of poses, lighting effects, artistic style, the number of photographs taken
and the digital processing of the images. The photographer shall endeavour to undertake any set-ups or poses requested by the client, subject to time available and the willingness and cooperation of the subjects being photographed.
The photographer has the absolute right to select the images that will be shown to the client at the viewing. All photographs rejected by the photographer during the
selection process will be permanently deleted and will not be available for the client to view. The choice and number of photographs shown to the client will be deemed as correct.
12. Liability
In the event of photographic failure or due to any acts or events beyond the photographers control, including (but not limited to) death, illness, force majeure, breakdown, inclement weather, catastrophic loss of data or the failure to deliver goods and services provided by the photographers suppliers or sub-contractors, the photographers liability will be limited to the refund of any shoot fees paid.
13. Use of images for advertising purposes by the photographer
The photographer can use images from the client’s photo shoot to advertise and market their work, only after the explicit agreement of the client. Such agreement has to be
expressed in writing and it is part of the individual contract the photographer concludes with the client. The client is not due any remuneration for the case of the usage an image
from their photo shoot for the above-mentioned purposes.
14. Data protection
The client is given the photographer’s privacy policy together with the individual contract and the terms and conditions.
15. Governing Law
Any contract made between the photographer and the client shall in all respects be governed by and construed in accordance with Austrian law and the parties hereto
submit to jurisdiction of the Austrian courts.
All images and information in this website is protected by copyright laws. Please do not download the images without permission. If you need to use an image from my website feel free to contact me.
All rights reserved © 2021 Arlene Studio