Terms and Conditions

  1. Retainer and Payment

Please note that a non-refundable booking amount of 50% is required as deposit to reserve your session date & time. The balance session fees are due prior to the scheduled session. If payment is not received and there has been no arrangements made with the Photographer, the Client’s reserved session time will be released.

Payment is accepted in the form of cash, online transfers or cheques.

In the case of delayed payments where shoot has already taken place, no images will be delivered if the payments are not cleared.

    2. Cancellation

If Client requests to amend or cancel this agreement 7 or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, this agreement 6 or less calendar days before the session date, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other
sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain.

  1. 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 6 days prior to the schedule 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.

Please consider at least 15 minutes time for parking queue.

  1. Preparation

The Client understands that the make up and hair styling is not included in price, and can be organized for an extra fee.

The photographer does however positively encourage family, friends and other guests to take photographs throughout the shoot.

  1. Artistic Rights

The Photographer retains the right of discretion in selecting the photographic materials released to the client.

  1. Photographic Materials

6.1 Following completion of the shoot the Photographer will deliver the edited digital photographs to the Client within 3 to 4 weeks and in the agreed format (JPG/JPEG be Default). Any prints or products ordered will be ready for pick-up or drop off at roughly the same time.
6.2 High resolution digital images will be delivered without watermark, and low resolution digital images for Web (if agreed in package) will be delivered with watermark.
6.3 Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the photographs on the basis of style or composition. Photographer shall be entitled to use the judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the variances of weather, light conditions and the willingness of subjects it may not always be possible to capture all the pictures requested, or images to the clients full expectations.
6.4 Photographer will notify the delivery digital photos via an email to the Client. The photos are presumed to have been received by the Client unless the Client notifies Yatish Photography in writing via email to info@kaalia.com of any problems or error within 14 days of receipt of delivery notification email.
6.5 It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by Yatish Photography for any reason without written permission of Papaya Peach Photography. Should an image online be saved via any means, and used elsewhere without the written permission of the Photographer, whether the copyright has been removed or not, a copyright infringement fee of Rs.5000/- per image will be applied to avoid court action, and must be paid within 28 days.
6.6 No set minimum number of proofs will be guaranteed from any shoot. Proofs provided in the online proofing gallery are the final images. Images that do not meet the standards of Yatish Photography are deleted in the first part of the editing process and are non-recoverable. Whilst every effort is made to ensure images presented are edited to the highest standards, Yatish Photography makes no commitment to the extent by which images will be ‘fixed’. For the avoidance of doubt you can be assured that the photographer will endeavor to correct any non-permanent blemishes and make changes to the image that improve the finished result.

  1. Copyright and Reproductions

The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s facebook page, Instagram, website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.

 

  1. Storage of Materials

Yatish Photography keeps client files for up to 2 months after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.

  1. Client’s Usage

The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

  1. Social Media

The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.

  1. Failure to Perform

If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of
the Photographer, the Photographer and Client shall make every attempt to
reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

  1. Photographer’s Standard Price List

The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

13.Travel and Overage Fees

The Client agrees to pay an extra cherge for the travelling in case of location further than 7 kms drive from the Photographer’s studio.

  1. Indemnification The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately
    surrounding events.
  2. Miscellany

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.
Any waiver of a breach or default hereunder shall not be deemed a waiver of a
subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the UAE

  1. Waivers

The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

  1. Lawyer’s / Attorney’s Fees

If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

18.Photographer Substitution:

 

The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or circumstances beyond his control. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional. Under normal circumstances a second photographer from the Photographer is there for the day anyway and this photographer will then shoot the day on his/her own. If both photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payments received.