PHOTO SESSIONS
TERMS AND CONDITIONS
What is included
- Photo session with the hired length of time;
- Culling, processing, editing, and post-production of the hired photos;
- Online private gallery;
- Digital delivery via WeTransfer.
Payment and reservation of the session
1. The photo session has the value indicated in the available options or the budgeted and agreed amount.
2. The amount mentioned in the previous number should be paid as follows:
a) 50% of the value - to reserve the date;
b) 50% of the value - up to 48 (forty-eight) hours before the session.
3. Payments can be made by bank transfer, MBway, Paypal, or cash.
4. Travel outside Lisbon and any costs associated with the performance of the session, such as, without limitation, accommodation costs, food, fuel, and tolls shall be borne by the contractor, as well as admission tickets to parks, monuments, museums, and others in case of required for the session.
5. The date reserve will only be effective after the payment of the amount indicated in number 2. a).
6. The amount indicated in number 2. a) as a date reservation signal is not refundable.
7. Travels over 100km (one hundred kilometers) will have an accommodation fee of 125€ (one hundred and twenty-five euros).
8. The failure in paying the amount indicated in number 2. a) will mean that the session is not booked.
9. The failure in paying the amount indicated in number 2. b) will result in the cancellation of the session and the loss of the amounts already paid, in particular, the amount indicated in number 2. a).
10. The rescheduling of the session at the request of the client has an additional cost of € 60 (sixty euros), is subject to availability, and must be made a minimum of 1 week in advance.
Session location
1. The session will be held in a previously agreed place.
2. All the information regarding the time and place of the session should be made available at the time of hiring.
3. All travels outside the Lisbon area will be charged and a full address must be provided for a quotation.
4. Changes to the place of the session shall be indicated and submitted for approval as soon as known and made at least one week in advance.
General conditions
1. The Contractee will perform the contracted services using the equipment and techniques that it considers most appropriate according to the knowledge and technical know-how that it possesses, as recognized by the Contractor.
2. Contractee and Contractor must be present at the place of the session 10 (ten) minutes before the beginning of the session.
3. The choice of the session place is the responsibility of the Contractor, and it is also the Contractor's responsibility to take the necessary steps for the proper course of the session, namely the requisition of authorizations and the payment of fees required by the chosen space.
4. The delay over the agreed time for the beginning of the session is counted for session time purposes.
5. A delay exceeding the session half-time length implies the total loss of the session, of the amounts already paid, and of the possibility of rescheduling it.
6. The instruments and equipment used during the session are owned by the Contractee and the Contractor is solely responsible for reimbursing the damages caused by accidents that occur due to his fault or whomever's fault at the place/places of the contracted session.
Final delivery
1. The online gallery will be delivered within 4 (four) to 8 (eight) weeks, without prejudice to changes occurring in periods of a greater amount of work.
2. The exceptional request for pictures prior to the final delivery of the work has an additional cost of 25€ (twenty-five euros) per picture and is subject to availability.
3. Exceptional photo editings, such as erasing strangers, removing objects, changing physical appearance or the color of the skin, etc. are possible upon request and analysis and have a base cost of 25€ (twenty-five euros) per picture.
4. The online gallery will be available for a period of 4 (four) weeks after the delivery date, after which a reactivation fee of 75€ (seventy-five euros) will be charged for the same period.
Failure
1. The failure by the Contractee party due to situations of majeure force or a fortuitous event caused by abnormal and unforeseeable circumstances does not oblige it to indemnify the Contractor.
2. In the cases of the previous number the Contractor has the right to, alternatively, opt for:
a) Receive the amounts that have already been paid regarding services not provided;
b) Reschedule a new date for the execution of the contracted services that have not been provided.
3. The failure by the Contractor party due to situations of majeure force or fortuitous events caused by abnormal and unforeseeable circumstances does not oblige it to indemnify the Contractee.
4. In the cases of the previous number the Contractor loses the right to receive the amounts that have already been paid regarding services not provided.
Protection of collected images
1. The collected images are Contractee's intellectual property, are protected by Copyright, and may be used by the Contractee for portfolio, promotion, and marketing of its products and services purposes.
2. The Contractor consents to the communication of the images for the sole purpose of fulfilling the aforementioned purposes.
3. The Contractor undertakes to use the images only for the portfolio, dissemination, promotion, and marketing of products and services, not altering the original image, namely with regard to dimensions, formats, and colors.
4. The Contractor's request of the use of the images collected in this scope for other purposes shall be communicated to the Contractee and implies a written authorization from the Contractee, where the purpose for which the use is intended is explicit.
5. The Contractee shall not be responsible for the reproduction of the images in any format, namely prints, flyers, albums, and others, when made by the Contractor or by third parties.
Jurisdiction
For the resolution of any litigation arising from this document, the Portuguese courts and in particular the Lisbon district courts shall be competent, expressly renouncing any other.
Generalities
1. No employment relationships, partnerships, associations, consortia, or any other type of relationship of a similar nature is created between the Contractee and the Contractor.
2. The content of this document represents the total understanding between the parties in relation to the matter dealt with herein and shall prevail over any and all prior agreements, whether written or oral, relating to all matters and content addressed.
3. The reservation of any session, as well as the acquisition of a gift voucher, presupposes the reading, acceptance, and fulfillment of these terms and conditions.