TERMS AND CONDITIONS OF SALES AND USE
Effective from 10 November 2020
(Updated: 10 February, 2023)
1. Definitions
The Photographer: Février Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by The Photographer.
Proof: Samples of all edited photos, in which Février Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Février Photography’s logo, watermark, or proof stamp.
Sitting Fee: Price including all “non-tangible” portions of the photography session. This includes, but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot.
Preparing: Includes but is not limited to time e-mailing, setting up studio (bringing out necessary props, reconfiguring lighting for shoot, sanitizing props that may be used with pre wedding, newborn and children shoot, and so on).
During Shoot: Session fee includes a block from a minimum of half hour for the shoot. Standard Sessions up to 2 hours.
Post-Production: Each photo takes approximated 20-30 minutes in post processing. This also includes time spent setting up Client’s online gallery and personalized shop. Also included in the session fee is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, beanbag poser, props, camera, lenses, and editing equipment).
Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution.
2. Booking and Rescheduling
To book the session, the retainer, required of all sessions, is nonrefundable, with the exception of rain dates for outdoor sessions.
The amount of retainer is 20% to 50% of the total package selected.
Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot.
3. Sole Photographer During Session
During your photography session with Février Photography, the Photographer will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc without permission from the Photographer. Doing so will result in end of session.
4. Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Février Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Février Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to Février Photography’s facebook page. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery.
5. Proofs and Ordering
Your proofs will be available through an online gallery on Goole Drive, DropBox or other Cloud storage providers, to view and proof prior to ordering prints. Final edited proofs will be available 3 to 6 six weeks after the the client select the photos which the clients what to edit. Proofs will be available for three months and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of 50 euros will be incurred. Upon receipt of payment your gallery will be live for 14 days.
6. Digital Files
Clients who purchase Digital Files or Raw Files will receive them through an online gallery via GOOGLE DRIVE where Digital Files can then be downloaded in High Resolution. Client Galleries will be available 8 weeks from event date and will expire after 30 days. High Resolution Digital Files will be archived for 60 days from your online gallery being delivered. It is therefore recommended that Clients download their online gallery as soon as possible and make 2 backups to prevent data loss. To have an online gallery unarchived a 50 euros admin fee is applicable.
7. Edits
Février Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Février Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color grading, as well as skin retouching (optional), body shaping (optional), etc.
Février Photography does not change any inherent qualities of a person, as it is considered a "additional edit" and will be $20 per photo if it is requested by the client after seeing the edited proofs. Additional edit include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, objects removal, etc. It is requested the client take care of all additional changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos.
Once again, edits are solely made by Février Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.
8. Copyright and Reproductions
You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
9. Deposit and Payment
The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the session for the service to be provided. Février Photography accepts cash, checks, and European Bank transfer. A 20.00 euros fee will be imposed for any returned checks.
10. Additional Coverage
The Client will select their initial package at the time of booking. The Client will have the option to request Additional coverage if required for their shoot date. Additional coverage is charged at 300 euros per hour (including VAT) and approved at the discretion of The Photographer based on availability at the time of The Client request.
Additional coverage must be finalized 15 days prior to the wedding date. Additional coverage that results in the coverage time ending at or after 9:00PM may result in an additional accomodation charge of 300 euros per night.
11. Cancellation Policy
Notice of Cancellation: If for any reason you need to cancel the session, you must do so in writing and sent via Registered Mail or email.
Cancellation Fees: If you cancel the service before the photography session date, a cancellation fee will apply as follows:
a. If you cancel more than 60 days before the session date, 50% of the total contract value or deposit amount will be non-refundable.
b. If you cancel between 30 and 60 days before the session date, 75% of the total contract value or deposit amount will be non-refundable.
c. If you cancel less than 30 days before the session date, the full contract value or deposit amount will be non-refundable.
No Refunds: Refunds will not be available after the photography session date.
Rebooking: If you need to reschedule the photography session, you may do so once at no additional cost, provided you give us at least 14 days' notice.
For gift cards or any other photography products: refunds are not available. However, the paid balance can be redeemed within 2 years from the date of purchase. The cost of the service or product will be determined based on the current price of the service or product at the time of redemption.
12.Client’s Usage
The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
Client is never permitted to edit or alter any photo that is copyright of Février Photography.
13. Inherent Qualities
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Février Photography suggests printing from professional printing labs such as mpix in order to receive highest quality prints.
14. Liability
If the Photographer cannot perform the Contract due to fire or other casualty, transportation issues, strike, government declared state of emergency, act of God or other cause beyond the control of the parties or due to Photographer’s injury, illness or emergency, The Client agrees to relieve and hold Photographer harmless as a result of incomplete event photography coverage and shall have no further legal or financial liability against photographer with respect to the Contract.
Where The Photographer cannot perform on the contract date due to injury, illness or emergency, an attempt will be made to source a replacement photographer for the contract date only if a suitable replacement can be found.
If a replacement photographer can be sourced for contract date, the cost of contracting the replacement photographer will be covered by The Photographer. Any duties with relation to editing, correspondence or delivery there after contract wedding or event date will continue to be handled by The Photographer where applicable.
Where the shoot has been postponed due to any of the above events, it is at The Photographers discretion to reschedule the shoot date to one suitable for both parties. If the Client and Photographer can not agree on a date to reschedule the cancellation policy with apply.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
15. Safety
Clients understand that while the photographer will do everything possible to maintain The Client’s safety while working with The Client, The Client is ultimately responsible for theirs and their family’s safety.
The photographer may not be held liable for any misfortune or injury that can occur while working.
Février Photography reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Février Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
16. Cooperation & Assistance
The parties agree to cheerful and cooperative communication for the best possible result within the definition of this assignment. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-wedding consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of The Client’s failure to provide reasonable assistance or cooperation.
17. Sever ability
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
18. Miscellaneous
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
This Agreement shall be governed by French law. Exclusive jurisdiction is attributed to the competent courts of Paris.