TERMS OF SERVICE

DEFINITIONS

These are the terms and conditions that apply to all our photoshoots. Within, “the photographer/s” will relate to both photographers i.e. Charis and Fania trading as The Duo Photography C.F. “The client” will relate to 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. In extreme circumstances these can be amended on the discretion of the photographers.

LICENCES AND INTELLECTUAL PROPERTY RIGHTS: All intellectual property rights arising out of or in relation to the provision of the services shall vest in and belong absolutely to the Photographer. All intellectual property rights in the photos and any other content and/or products produced during the provision of the Services,  including but not limited to any edited photos, unedited raw files, edits, filters, customisations or amendments of the photos or any other products produced during the provision of the Services belong and shall belong to the Photographer. For the avoidance of doubt, the Photographer retains full copyright of all photos, at all times, throughout the world, in accordance with the Intellectual Property Rights Law No. 59/76 as amended from time to time (the “Law”). Any violation of these rights will entitle the Photographer to damages and/or other statutory, contractual, common law or equitable remedies. Subject to the full repayment of the Fee, the Photographer grants to the Client a non-exclusive, non-transferable licence to download, print and use the photos/products produced in connection with the services for personal purposes (the “Licence to Use”). This Licence to Use is limited to the Client.

CREATIVE LICENCE & USAGE: Before the shoot the Photographer and the Client will discuss whether photos taken can be used for advertising purposes by either party which will be confirmed in a signed contract. Any publication of the photos to gain publicity for individuals and/or legal entities other than the Client will require a reproduction fee to be paid to the Photographer (prices vary).

PAYMENT AND BOOKING: The Total Fee shall be payable by the Client to the Photographer as follows: a non-refundable initial Booking Fee will be required to reserve the Photographer for the date of the event. The Booking Fee will be set-off against the Total Fee. The remainder must be paid to the Client up to one week following the event. No photos or products shall be released until full payment is settled. The full payment of any orders of albums and prints’ is settled in advance of ordering.  The Client understands and agrees that it is their responsibility to cover any travel and accommodation expenses in the case of destination weddings, such expenses are additional and excluded from the Total Fee.

MODEL RELEASE: The Client grants permission to the Photographer and their affiliates, assigns, licensees, and sublicensees, permission to use Client’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, the Photographer may use Client’s likeness and image on Photographer’s website, social media or other advertising. The Photographer may sell photos containing the Client’s likeness to third parties.

COVERAGE & SATISFACTION: The Client agrees that the work delivered will be of a similar style and caliber to those photographs on the Photographer’s social media and website, and that the Photographer will have complete creative control during the photo shooting and in post-processing. The images will be delivered in JPEG format with a mix of colored and black and white images, deemed appropriate by the Photographer. No re-editing will be done after the final edited copies are presented to the Client. The Photographer is not responsible and will not make any corrections for other vendors’ mistakes or imperfections such as but not limited to make up, clothes, decoration etc. The Client hereby understands and agrees that the Photographer will not photoshop and/or edit and/or change details of physical appearances, including but not limited to, face characteristics, bodies, discoloration of wedding clothes, objects in spaces etc. In case the Client insists in specific editing to correct such matters, the Photographer may accept at their discretion but additional fee will be applied (prices vary).  The Photographer and the Client agree that the Photographer is under no obligation to capture any specific moment or pose or person(s) or cater specific aesthetic preferences of the Client during the provision of the services.  Special requests are not binding instructions, although every effort is made to comply with the Client’s wishes. The parties agree that the Photographer has its own editing style and wish to preserve this, which the Client knows and wishes that is applied and/or used to the photos taken in relation to the event. It is understood that when using the photos, any duplication or alteration of original images (edits, filters or manipulations) is strictly prohibited {Copyright Law Title 17, Appendix V. Additional provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

WEDDING COVERAGE AND TIMING: According to the Client’s chosen package the Photographer will cover the bride’s and groom’s preparations, the ceremony and the party. The Photographer will cover about 10 minutes of the reception to take some general candid photos to better tell the Client’s wedding story. The Client understands and agrees that the Photographer will not cover the whole reception and take family photos with each guest greeting the couple. The Photographer will arrive before the couples’ preparations and may stay while the party is lively and the dance floor is full.  It is in the creative discretion of the Photographer to conclude their services as soon as the Photographer deems that the wedding photo-story is completed.

FAMILY PHTOS: Family photos will be taken after the ceremony with any combination of people the Clients wishes. It is advised that the Client prepares a list given to the best man or maid of honor in order to avoid overlooking a combination.  It is the responsibility of the couple to call and gather the people they wish to take photos with after the ceremony as the Photographer is not in position to know and determine the people with whom the couple may wish to take particular photos with at the time.

ALBUMS & ART PRINTS: The albums are designed usually during off peak season (February – April). No album is being designed during the wedding season (May – October). As aforementioned, the full payment of the album/s is required in advance by the Client before the Photographer begins the designing of the album. In the event that the Client wishes to order any albums later in time, the Photographer cannot guarantee that there will not be any increase on the price. The Client must ensure they are certain of the selection of the photos before submitting them to the Photographer since removing/adding photos will require the designing of the album from the beginning. The Client will receive a pre-final version of the album for approval.  Before the printing of the album the Client has the right of 1 round of minor edits included in the chosen package. Every additional edit requested by the Client will bear an additional charge which will be communicated and agreed in advance between the parties. In case the Client is based outside Cyprus a shipping fee will be applied according to their country of residence.

DELIVERY: The Photographer will take all reasonable steps to edit and submit the digital files (edited photos in JPEG format) to the Client within 6 months of the date of the event. The Photographer reserves their right to edit and submit the digital files (edited photos in JPEG format) at a later date, within reason, during busy periods. The Client understands and agrees that prints and albums take longer for delivery. The client will receive only the edited files in JPEG format and no RAW files will be delivered to the client.

ARCHIVING OF PHOTOS: The RAW unedited files and the final delivered photos (edited files in JPEG format) are archived by the Photographer for 1 month following the date of delivery of the photos to the Client. Following the lapse of 1 month, both the RAW unedited files and the final delivered photos (edited files in JPEG format) will be permanently deleted. The Photographer recommends that the Client saves and backs up the final delivered images on multiple media formats, such as flash drives, hard disk, the cloud etc. The Client understands and agrees that following delivery of the photos, the Photographer cannot be held accountable for the failure of the Client to store and save the photos. Following delivery of the photos to the Client, it is the sole responsibility of the Client to save and store their photos appropriately. After the passage of one month of the delivery of the photos, the Photographer cannot guarantee that the photos will be archived and available, in the event that the Client loses their delivered photos.

BREAK: The Client understands and agrees that it is their responsibility to make arrangements to accommodate the Photographer with a suitable table with enough seats, a meal and beverages during the course of the day.  The Photographer reserves their right to take short breaks at their discretion during the day of the event.

INDEMNITY: The Client (Indemnifying Party) shall indemnify the Photographer (Indemnified Party) from and against any and all losses arising out of or in connection with this agreement and in the provision of the services. The Client (Indemnifying Party) agrees to indemnify and hold harmless the Photographer (Indemnified Party) for any liability, damage, or loss related to technological failure, including data loss and for any personal injury which may occur as the Client poses or works with the Photographer.  For the avoidance of doubt, any directions issued to the Client, 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.

CHANGING EVENT DATE: Where there is a change of the date of the event due to unforeseeable and unpredictable circumstances, including but not limited to a lockdown, a natural disaster etc., the Client has the right to use the paid Booking Fee to secure a new date subject to the availability of the Photographer on that new date.  For any other reason where the Client wishes to change the date of the event, the Photographer reserves their right on whether to accommodate such new date subject to their availability. In the event where no new date is possible to be agreed between the parties, the agreement is cancelled and the Booking fee is not refunded.  The new date also has to be within the next 6 months. Where the new date falls any date later than the 6-month period, the Client understands and agrees that new prices and additional charges may apply. The Client understands and agrees that in the case of destination weddings that travel and/or accommodation expenses are required and may have already been paid to the Photographer, the Client is responsible to cover for the purposes of amending any pre-booked tickets/accommodation and/or re-booking new tickets/accommodation additional charges may apply based on availability.

CANCELLATION AND UNFORESEEN CIRCUMSTANCES: In the unlikely event that the Photographer will cancel due to illness, injury, being a victim of crime, etc. either themselves or any and all family members, the Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. In case of Photographer’s failure to substitute another photographer, the Photographer’s liability shall be limited to a full refund of any fees paid by the Client in relation to the services. In the event that the raw files are lost, damaged or destroyed due to unforeseen circumstances beyond the control of the Photographer e.g. theft, fire, etc. the Photographer’s liability shall be limited to a full refund of any fees paid by the Client in relation to the services, but shall not include a refund for any goods already received. If the Client requests a cancellation of the services, the Booking Fee paid by the Client will not be refunded or exchanged and/or substituted with any kind of service.

DATA PRODECTION: The Photographer and the Client confirm that they will comply with all applicable data protection laws and regulations, including but not limited to, the General Data Protection Regulation (EU) 2016/679 and the Law Providing for the Protection of Natural Persons with Regard to the Processing of Personal Data and for the Free Movement of Such Data of 2018 (L. 125(I) 2018).  The Client acknowledges and agrees with the Photographer’s privacy policy available on their website, namely www.theduophotograhaphy.com.