Wedding Photography Terms & Conditions
The terms and conditions detailed below are designed to protect your rights to a professional service and the photographer’s intellectual property. By completing our booking form, you agree to this contract and acknowledge acceptance of these terms and conditions, which underline our commitment to providing you with a professional service. Picture It Studios by Aniket Mhatre retains copyrights to all images taken.
DEFINITIONS AND INTERPRETATION
The following terminology applies to these terms and conditions (“the Terms”), the Booking or Order (“Booking/Order”), and any other special conditions agreed in writing between the parties:
– “The Photographer” shall mean the team of Picture It Studios by Aniket Mhatre.
– “The Client” shall be those hiring Picture It Studios by Aniket Mhatre to cover their event.
– “The Parties” shall mean both The Client and The Photographer.
– “Entire Agreement” or “This Agreement” shall mean the Booking, together with these standard terms and conditions, and any other special conditions agreed in writing between the parties. It contains the entire understanding between The Photographer and The Client and supersedes all prior and simultaneous agreements between the parties. Any variation or modification to this agreement shall not be valid unless in writing and agreed to and signed by all parties. The parties to this agreement intend to be bound by these Terms.
I/We have read and accept the Terms as set out in this Agreement. I/We also acknowledge that these terms apply to any entities associated with us but not listed. We jointly and severally acknowledge that all clauses within this agreement are accepted without exception.
1. INSTRUCTIONS MUST BE IN WRITING
– 1.1 The Client must ensure that all instructions and expectations regarding the Booking/Order (and any subsequent variations) are agreed to in writing.
2. SEPARATE AGREEMENTS
– 2.1 Each separate Booking made by the Client shall, together with these terms and conditions and any other special conditions agreed in writing between the parties, constitute a separate Agreement between the parties.
3. DATE RETAINER & BOOKING
– 3.1 The Client understands and agrees to pay 75% of the total amount for the selected Package 15 days before the event.
– 3.2 If the balance is not paid by the due date, the Photographer will not photograph the Event Day as per the Agreement, and the Client accepts the loss of the booking amount.
– 3.3 The Client should clear remaining dues to receive the soft copies. Once payment is fully made, we will start working on your deliverables (e.g., photo editing, video editing, etc.).
4. SERVICES PERFORMED BY PHOTOGRAPHER & ADDITIONAL COVERAGE
– 4.1 The Photographer will consult with the Client prior to the Event Day to review any requests regarding desired images and the timeline for events.
– 4.2 On the Event Day, the Photographer will arrive at the agreed start time, provide photography services throughout the event, and conclude services at the agreed time, unless the Parties agree to extend services. Extended service will be charged per hour.
– 4.3 The Photographer has the right to refuse to photograph elements they find morally objectionable.
5. TRAVEL AND ACCOMMODATION COSTS
– 5.1 The Photographer agrees to cover all travel costs associated with the event within Mumbai. Any travel to areas outside of this shall be payable by the Client. The team of Picture It Studios will not travel by public transportation (e.g., bus, taxi, auto-rickshaw); a separate A.C. vehicle should be arranged by the Client, or a flight if the distance is far.
– 5.2 Accommodation for the team of Picture It Studios should be provided by the Client. No common rooms or rooms without air conditioning will be accepted.
– 5.3 Once the team of Picture It Studios reaches the venue, they should be given time to rest.
6. SHOOTING TIME AND WEDDING PARTY COOPERATION
– 6.1 The photography schedule is designed to accomplish the goals and wishes of The Client in an enjoyable manner. Cheerful cooperation and punctuality by all members of the event party are essential.
– 6.2 Late arrival could reduce the amount of time for photographs, and The Photographer shall not be held liable for failure to take desired photographs.
– 6.3 The Photographer is not responsible if key individuals fail to appear, fail to cooperate during photography sessions, or for failure to capture images due to details not revealed to The Photographer.
7. EVENT MEALS
– 7.1 The Client will provide a hot meal for the Photographer during the reception to ensure the best service. Please convey this to your venue or catering service.
– 7.2 If a hot meal is not provided, the Photographer retains the right to leave the venue to have a meal. In this instance, the Photographer cannot be held liable for any coverage not completed during this time.
8. COVERAGE AND ARTISTIC LICENSE
– 8.1 The Client will be responsible for or have someone designated to identify people for specific photographs.
– 8.2 The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for group photographs.
– 8.3 The Photographer shall be granted artistic license regarding the poses photographed and the locations used. The Photographer’s judgment regarding the locations, poses, and number of images taken shall be deemed correct. Due to variables such as weather and the willingness of subjects, it may not be possible to capture all requested images.
– 8.4 Every reasonable effort will be made to take photographs as requested and agreed, but the Client accepts that no specific pose or photograph can be promised. Any lists or images of inspiration supplied will be used for creative planning purposes only.
9. FINAL DELIVERY
– 9.1 The Client understands that no part of the Wedding Package, including previews, will be delivered until the outstanding balance has been paid in full.
– 9.2 One week after the Wedding, you will receive a small ‘preview’ of 10 images to share with friends and family and to use on social media. Digital processing takes approximately 15 to 30 days.
– 9.3 The Photographer will use their professional judgment and sole discretion to select which photos to deliver.
– 9.4 The Photographer will not be liable for any loss or damage arising from any reason or any delay in the completion of the Photographic Works.
10. COPYRIGHT & LICENSE GRANTED TO CLIENT
– 10.1 The copyright in all Photographic Works resulting from the Booking/Order remains the property of the Photographer.
– 10.2 The Photographer holds the right to use the Photographic Works for sharing on social media.
11. ALTERATIONS TO THE AGREEMENT
– 11.1 The Client shall notify the Photographer immediately of any changes in the Wedding event schedule or location, at least fifteen (15) days in advance of the scheduled Wedding Day. If the Client notifies the Photographer by phone, a written (i.e., email) confirmation must be sent within ten (10) days of such notification.
12. NON-GUARANTEE
– 12.1 Although every possible care will be taken to produce photographs of all important and special moments during the wedding, the Photographer cannot place an unconditional guarantee on the above.
– 12.2 The Photographer will endeavor to supply the approximate number of shots stated in the Wedding Package, but due to uncontrollable circumstances, that number is not guaranteed. Such circumstances may include but are not limited to inclement weather conditions, timing delays, or changes to the event.
– 12.3 The Photographer will not be held responsible for any ruined photographs due to guests’ (or any other) flashes or any other ruined photographs due to any other cause outside of the Photographer’s control.
– 12.4 Picture It Studios will not be responsible for data loss due to technical error, act of God, or theft of equipment.
13. CANCELLATION OR POSTPONEMENT OF BOOKING
– 13.1 Cancellation of the booked date will be considered a loss for the photographer, and the booking amount will be non-refundable.
– 13.2 In case of postponement of the event date, the Client should inform the Photographer 15 days in advance so that the booking amount can be carried forward to another available date. If the new date is already booked by another client, the booking amount will be non-refundable.
14. IMAGE LIFESPAN & STORAGE OF DIGITAL PHOTOGRAPHIC WORKS
– 14.1 The Photographer is not responsible for the lifespan of any digital technology or media readers that might result in an inability to read discs, USBs, or any other digital means provided after 6 months.
– 14.2 It is the Client’s responsibility to ensure images are copied.
– 14.3 All reasonable steps to protect the images recorded at the event will be taken until the images are delivered.
– 14.4 Once the Client receives the Photographic Works, they accept all responsibility for archiving and protecting any digital files related to the Event.
– 14.5 The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the data provided.
– 14.6 It is the Client’s responsibility to ensure that digital files are copied to new media and backed up as required. The Photographer strongly recommends keeping at least one archival backup of your digital files in a different location (e.g., online backup).
– 14.7 While the Photographer will follow their usual backup procedures upon delivery of the
Photographic Works, the Photographer shall not be liable under any circumstances if unable to produce backups or future reproductions of the Photographic Works upon the request of the Client.
– 14.8 Where backups are available, these may be made available to the Client for a fee.
15. PRIVACY AND PERSONAL INFORMATION
– 15.1 The Client must advise The Photographer if any material or information communicated to them is of a confidential nature. The Photographer will keep confidential material or information communicated to them in confidence for the purposes of the photography, except where it is reasonably necessary to enable The Photographer to carry out their obligations in relation to the Booking.
– 15.2 As part of creating the Photographic Works, the Photographer may collect and retain personal information about the Client. The personal information may be used by the Photographer for communicating with the Client for any purpose relating to the Photographic Works (including arranging third-party services), direct marketing, and in connection with these terms and conditions.
– 15.3 Personal information collected by the Photographer shall be retained in the Photographer’s database. The Client may access and request correction of any of the Client’s personal information by contacting the Photographer.
16. FORCE MAJEURE
– 16.1 Any loss or damage arising directly or indirectly due to an act of God, pandemic, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labor disputes, civil commotion, intervention of a government, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather, or any other cause outside the Photographer’s control.
– 16.2 The Photographer may choose to be excused from any further performance obligations in the event of a disastrous occurrence outside the control of The Photographer, such as an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, or infestation), pandemic, infestation, governmental order, or War, Invasion, or any hazardous situation created outside the control of The Photographer, such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
– 16.3 In any of these circumstances listed above, the date retainer remains non-refundable.
17. HEALTH & SAFETY
– 17.1 A safe environment shall be provided for the Photographer.
– 17.2 Should the Photographer find themselves in an unsafe or threatening environment, the Client shall be notified. If no action is taken immediately to improve the situation, the Photographer has the right to leave the venue or premises, which then ends their duties for the day.
– 17.3 The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, their own personal safety and that no action or inaction of the Client causes harm or risk to the health and safety of others. Notwithstanding the above, the Client agrees to comply with any reasonable health and safety directions given by the Photographer.
– 17.4 The Photographer will not tolerate verbally or physically abusive behavior. Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and decrease the number of quality photos created.
– 17.5 If the conduct of the Client or their guests results in damages to any of the equipment of The Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refund will be given and an invoice for damages will be presented. Payment to repair or replace the damaged equipment must be transferred to The Photographer’s bank account within 7 days from receipt of the invoice.
– 17.6 If the Client requests Photographic works that will take place on an aircraft (i.e., in flight), a boat (i.e., afloat), farm machinery, or any other vehicles/machinery, The Photographer retains the exclusive right to decide whether to take the photographs or not.
18. DISPUTE RESOLUTION / COMPLAINTS
– 18.1 The Parties agree to use their best efforts to resolve any dispute which arises through good faith negotiations.
– 18.2 Either party may raise a dispute by written notice to the other party. Any complaints by The Client should first be raised with The Photographer in writing within 10 working days from the date of receiving images.
– 18.3 Within 3 working days of receipt of a dispute notice, the parties shall meet (or otherwise communicate if a meeting is not practicable) and attempt to resolve the dispute through good faith negotiations on a ‘without prejudice’ basis.