Photographer Terms & Conditions
In the following terms & conditions “the photographer” shall mean Diana Kiss trading as D'anina Fotografia. “The clients” shall be those persons responsible for booking the photography services. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
I. All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
I. The Client is obtaining prints for personal use only and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such event, Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication but shall have no liability if the publication refuses or omits to do so.
I. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client requirements.
II. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
III. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
IV. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
V. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
I. All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client shall be deemed correct. Retouching, digital manipulation etc. is available to the Client as an option at extra cost
I. Photography sessions and fixed cost discount packages are payable at the time of booking. Should the Client later order any additional printed products or digital files these will be payable at the time of order
II. Titles to all goods remains with the photographer until paid for in full by the client(s)
I. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
I. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
I. A booking is considered firm as from the date of payment. All bookings required a 40% retainer fee which is non-refundable upon cancellation
I. The photographer will endeavor to deliver digital negative files within the next 24 - 48 hours after the session has concluded.
Rescheduling Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied to a rescheduled session if notice is given at least 7 days prior to the scheduled event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
Tardiness In the event that the client is late to the appointment set, the client's session will still be scheduled for the same end time.
Model Release the CLIENT hereby grants Dia Kiss D'anina Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs from this session for editorial, trade, advertising, and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases D'anina Photography and its legal representatives and assigns from all claims and liability relation to said photographs.
Photographic Rendering While I do capture many images during your session, you will see only those images selected by the photographer for previewing. Each finished image is carefully rendered by the photographer to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates, etc. will not be shown and are removed from my archives permanently.
Social Media. The Client may share post links and Facebook albums through use of the share functions and dissemination of direct links. Clients shall not copy, download, screen shot, or capture the photographs in any other fashion.
Weather Policy If the client has been contacted and advised to reschedule due to the photographer's concerns about weather, and the client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the client will be charged for an additional session at the photographer's session rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer's discretion if bad weather persists to cancel the session, during the session. If the client has been contacted and advised to reschedule due to the photographer's concerns about weather, and the client decides to go ahead and reschedule, the client will not be charged to do so. The client will then be put on first alert for the next available session time.