Terms and Conditions
EVENT PHOTOGRAPHY – TERMS AND CONDITIONS
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties inwriting.
1.The booking fee (Deposit): The Booking Fee secures the time and services of SUBHO DRISHTI for the Event and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the SUBHO DRISHTI due to cancellation. Events that must be postponed to a later date will retain the deposit as long as the Photographer can re-schedule for the new date and time but may be subject to a further deposit.
2.Payments: Following payment of the booking fee, the balance of payments must be paid on, or before the Event date. 40% at the time of Booking as Booking Amount,40% at the day of Event and 20% after the Delivery of all promised deliverable items.Proofs/photographs cannot be delivered unless the payments due have been paid in full. Payments for additional services/albums are due upon ordering of those items.
3.Display: Subho Drishti may display any photographs included in this contract in his/her studio, portfolio, literature, display areas exhibitions, competitions, advertising or slide shows, and websites unless otherwise agreed by the parties involved.
4.Images: All image sizes are nominal. Subho Drishti will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on a sensor the exact colour as seen by the human eye.
5.Retouching: Subho Drishti will retouch, digitally manipulate and finish according to his/her own discretion. Any retouching, digital manipulation or finishing which is requested by the Client(s) may be subject to an extra charge at the discretion of Subho Drishti.
6.Reorders: All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
7.Copyright: All images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such items are protected by the Copyright and Design Act of 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means, an image created as part of this contract without the permission of the Photographer in writing. It is understood, however, that if a CD Rom/Pen Drive/Hard Drive of said images is purchased as part of this contract, that the Client(s) will have the right to reproduce the images therein for personal use only and not for distribution of any kind.
8.License: Subho Drishti will be granted an artistic license in relation to the poses photographed and the locations used. The Photographer’s judgment regarding the location/poses and number of images shall be deemed correct. Due to the unpredictability of the weather and the willingness of subjects it may be impossible to capture all of the images requested.
9.Force majeure or Act of God: The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
10.Attendance: In the Unlikely Event of the assigned photographer being unable to attend the agreed Event due to unforeseen circumstances, Subho Drishti reserves the right to appoint another photographer to attend your Event on our behalf to undertake the Event to the best of his/her ability. In the unlikely event of total photographic failure or cancellation of the contract by either party in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
11.Cancellation: The client may cancel this contract at any time by giving written notice to Subho Drishti but in doing so shall forfeit any monies already paid. Cancellation less than seven days before the Event date will result in the payment in full by the client for the agreed package.
12.Digital files: Digital files remain the property of the photographer. The Photographer will not be solely responsible for the storage and maintenance of digital files but will keep digital files intact and available to the client for at least one year from the date of the Event.
13.Website and Social Media Display: Photographs and Videos from a client’s Event may be displayed on the Subho Drishti website and Various Social Media Platform.Subho Drishti will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Subho Drishti employees.
14.GST: Subho Drishti do not provide any GST Invoice as we are not a GST affiliated company till now.So the prices will be without GST Price.Subho Drishti provide a valid Invoice where all the details will be mentioned.
15.Complaints: Any complaints should first be raised by the client to Subho Drishti within 3 days from the receipt of deliverables(digital photos and videos), and the photographer will try to solve the issue according to him. Subho Drishti will not be Responsible of any damages of the Album and Printed Photos.
16.Coordination: Subho Drishti will try to cover all the moments on the Event day in their own terms but coordination from the client side is also needed for the same.We need proper shooting space and time to capture the Moments.If the client does not coordinate accordingly at the time of photography and Videography, Subho Drishti will not be responsible for any kind of missing shot or footage.