1. Scope of Services
These Terms and Conditions apply to all photographic services provided by sophie kΓΆchert (hereinafter referred to as "the Photographer") to the Client (hereinafter referred to as "the Client"). These services include, but are not limited to:
Portrait photography (individual, family, business, etc.)
Event photography (weddings, parties, corporate events, etc.)
Commercial and product photography
Photo editing and retouching services
Printing and delivery of photographs
The specific details of the services provided will be outlined in the contract or agreement between the Photographer and the Client.
2. Booking and Contract
A booking is considered confirmed once the Client has received written confirmation (via email or contract) from the Photographer. This confirmation will include the date, time, and location of the photography session, as well as the agreed-upon price.
The Client agrees to these Terms and Conditions upon confirmation of booking. If the Client does not agree to the terms, the booking is not valid.
3. Pricing and Payment Terms
Pricing: The prices for photography services are outlined in the Photographerβs price list or as agreed upon in the contract. Prices may vary depending on the type of photography service (e.g., portrait session, event photography, commercial shoot).
Deposit: A deposit of [XX]% of the total fee is required to confirm the booking. The deposit is non-refundable unless the Photographer cancels the session.
Final Payment: The remaining balance is due [XX] days before the scheduled photography session. For event photography, the balance is due before the event date.
Late Payments: Payments received after the due date are subject to a late fee of [XX]% per week of delay.
4. Cancellation and Rescheduling
Cancellation by the Client: If the Client cancels the booking more than [XX] days before the session, the deposit will be refunded minus any administrative fees. Cancellations made less than [XX] days before the session will result in the loss of the deposit.
Rescheduling: If the Client needs to reschedule the session, the Photographer will accommodate a new date depending on availability. If rescheduling occurs within [XX] days of the session date, a rescheduling fee of [XX]% may apply.
Cancellation by the Photographer: If the Photographer must cancel due to illness, emergency, or other unavoidable circumstances, the Client will receive a full refund of any paid deposits or payments, or the Photographer will offer to reschedule the session at no additional cost.
5. Photography Session
The Client agrees to arrive on time for the scheduled session. If the Client is late, the session may be shortened to accommodate the Photographer's schedule.
The Photographer will do their best to provide the Client with high-quality images. However, the Photographer does not guarantee a specific number of photographs will be delivered.
The Photographer reserves the right to refuse service or end a session early if the Client or any participants behave inappropriately or unprofessionally.
6. Copyright and Image Usage Rights
The Photographer holds the copyright to all images taken during the session.
Personal Use: The Client is granted a non-exclusive license to use the images for personal purposes only (e.g., printing, sharing on social media).
Commercial Use: If the Client wishes to use the images for commercial purposes (e.g., advertising, resale), the Client must obtain a separate license from the Photographer. Commercial use may incur additional fees.
Editing and Alterations: The Client may not alter or modify the images (e.g., cropping, filtering) without the Photographerβs prior written consent.
Portfolio Use: The Photographer reserves the right to use images taken during the session for promotional purposes, including but not limited to websites, portfolios, social media, and advertising, unless the Client requests in writing that their images not be used.
7. Delivery of Images
The Photographer will deliver the edited images to the Client in the format agreed upon (e.g., digital download, USB, prints) within [XX] weeks of the session date.
If prints are included in the package, the Photographer will deliver them within a reasonable time frame after the Clientβs approval of the images.
The Client is responsible for backing up any delivered images. The Photographer is not liable for any loss of images once they have been delivered.
8. Liability
The Photographer is not liable for any injury or damage that may occur during the session, unless caused by the Photographerβs negligence.
The Photographer is not responsible for any damages, loss, or theft of personal belongings during the photo session or event.
In the event of technical failure (e.g., camera malfunction, corrupted memory cards), the Photographer's liability is limited to a reshoot or a partial refund, at the discretion of the Photographer.
9. Privacy and Data Protection
The Photographer will handle all personal data provided by the Client in accordance with applicable data protection laws (e.g., GDPR if in the EU).
The Photographer will not share the Clientβs personal data with third parties, except as necessary to fulfill the contract (e.g., printing services, online galleries).
The Client has the right to request access to, correction of, or deletion of their personal data, subject to the applicable law.
10. Force Majeure
In the event of unforeseen circumstances such as natural disasters, acts of terrorism, or other situations beyond the Photographer's control, the Photographer will not be held responsible for the inability to provide services. The Photographer will work with the Client to reschedule or make alternate arrangements where possible.
11. Final Provisions
Any amendments or additions to these Terms and Conditions must be made in writing and agreed upon by both parties.
If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full effect.
These Terms and Conditions are governed by the laws of austria and the place of jurisdiction is vienna.