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Terms & Conditions

This document details the current terms and conditions for Aneta Jeremiasova Portraits/Black Rose Boudoir. 

Thank you for booking a portrait photography session with Aneta Jeremiasova Portraits (“me/I/my/photographer”). Please read these Terms and Conditions carefully, as they apply to your (“you/client”) booking (“Photography Services/photo shoot session/sitting”).

I am happy to answer any questions or concerns you may have in relation to these T&Cs at any time. However, continuing with your booking means you are agreeing with these terms. 

I reserve the right to change these Terms & Conditions at any time, and I will give reasonable notice to you if this happens.

1. GENERAL

These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of the Netherlands.

2. ACCEPTANCE

Your booking and/or payment of your session fee signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service. No variation of this contract shall be recognised unless explicitly agreed to in writing.

Any booking or payment made to me (including the session fee) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. If this contract has to be enforced, you agree to mediation instead of court proceedings. 

3. COPYRIGHT & OWNERSHIP

The copyright and all other rights in the Photos shall be retained by Aneta Jeremiasova Portraits. The Photographer asserts the right to be credited as the author of the Photos. Any unauthorized reproduction or modification of any images will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the photographer online.

Sometimes the photographer may share previews or “sneak peeks” of your images, or give you access to an online gallery of images. These images must not be copied, screen shot, downloaded, edited or altered in any way.

If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels) you agree to do so only once you have purchased and paid for them.

Clients are not allowed to take their own photographs ("selfies") during any portrait photography session, nor are they permitted to photograph the studio. If the photographer consents to taking "behind the scenes" photos or videos, these must be solely for personal use and cannot be shared on social media or any other platforms.

4. RESERVATIONS

Your portrait session experience is reserved only once paid for. Session fees are retainers and are non-refundable and contribute towards the photographer’s time planning your shoot with you and creating and sending out your Prep information.

5. RESCHEDULING & REFUNDS/CANCELLATIONS

Sometimes it is necessary for the photographer or client to reschedule, for example due to injury or serious illness. If there are unavoidable circumstances that affect your ability to take part in our photo shoot session, then I am happy for us to reschedule once, within a three-month period. Please let me know as soon as possible that you can no longer make the session, and at least 72 hours in advance.

Please note that any new date will be subject to the Photographer’s availability. I shall use reasonable endeavors to arrange an alternative date for your photo shoot session.

Please note that in the lead-up to Christmas and other special occasions, rescheduling may not be possible until the following year.

In the event that we cannot agree to another date, or if you are unable to attend your re-booked session, then your session fee will be lost.

Your session fee is non-refundable should you decide to cancel your portrait shoot.

Please note that all Gift Vouchers and Gift Certificates are non-refundable.

6. SPECIAL PROMO AND OFFERS

We strive to provide fair and transparent pricing to all our clients while also offering occasional opportunities for savings through promotions and special offers. Please note that promotions and special offers provided by the photographer cannot be combined together unless explicitly stated otherwise. Each promotion or special offer is valid for use independently and may not be used concurrently with other offers. The photographer reserves the right to refuse the combination of promotions or special offers at their discretion.

7. HEALTH

If you are taken ill by an infectious disease, you must let me know and rearrange your session until you are fully recovered and no longer contagious. This is to protect the health of all my clients and my team of makeup artists. If a client attends a session while unwell and unintentionally passes on an illness to the photographer, resulting in loss of income due to missed work, the client may be held responsible for covering the documented financial losses incurred. This provision emphasizes our commitment to maintaining a healthy working environment for all parties involved.

Please inform me on booking if you or anyone attending your photography session suffers from any health conditions including allergies, photosensitive epilepsy, medical issues, physical difficulties and disabilities etc.

8. PRICES & PAYMENTS

The price for your photo shoot session will be as agreed at the time of booking. Booking your session by paying your session fee guarantees that you receive my current portrait rates. Sessions rescheduled by the client are subject to the prices current at the time of rescheduling. Prices on the website or on marketing materials may be out of date, and I reserve the right to adjust prices at any time without prior notice. All prices are in euros.

All photoshoot sessions must be taken within 3 months of the session fee payment being made. Any exceptions to this need to be agreed in writing, and the current prices and booking conditions will apply.

The session doesn't include the provision of actual photographs but rather covers the photographer's time, consultation, preparation, complimentary makeup, and wardrobe cleaning.. Clients pay a fee for the photographer's services, time, and expertise, and then separately purchase the actual photographs. This approach allows clients to have a customized and professional photography experience without committing to specific products until after the session. It also gives them the flexibility to choose the images they want to purchase based on the quality of the photographer's work.

The balance for actual photography products is to be paid in full immediately at the ordering session after the photoshoot, albums or other products are ordered on your behalf. Payment can be made by Bank Transfer, Card Payment via PayPal, or via cash/debit/credit card in person.

In the event of an unpaid balance after the specified payment period, Photographer reserves the right to engage a debt collection lawyer or debt collection company. Prior to such action, the Photographer will make reasonable efforts to communicate and send reminders regarding the outstanding balance. Any costs associated with debt collection, including legal fees and collection agency fees, will be the responsibility of the client. This provision is implemented to protect the financial integrity of Aneta Jeremiasova Portraits. We encourage open communication to resolve any payment issues promptly.

FLEXIBLE PAYMENT PLAN OPTION

8.1. Overview: Photographer offers a flexible payment plan option for clients, allowing them to pay for their portrait packages over 3, 6, or 9 months.

8.2. Eligibility: The payment plan is available for portrait packages with a total cost exceeding €2000. Clients can inquire about their eligibility during the booking process and/or ordering process. 

8.3. Payment Schedule: Clients can choose a payment plan duration of 3, 6, or 9 months. Monthly installments will be  deducted from the client's chosen payment method. The first payment is due on the date of placing the order and subsequent payments are scheduled on the same date each following month.

8.4. Late Payments: Clients are responsible for ensuring that their payment method has sufficient funds on the scheduled payment date. Late payments may result in a late fee of €40 per occurrence.

8.5. Product Delivery: Clients will receive the ordered products, including prints and digital files, only when the outstanding balance is paid in full. Due to the custom nature of the products, partial payment does not entitle clients to partial order delivery.

8.6. Cancellation and Refunds: The initial payment made at the time of booking is non-refundable. If a client chooses to cancel the payment plan during the agreed-upon period, any paid amounts are non-refundable, and the client remains responsible for the outstanding balance.

8.7. Change in Package: Due to the custom nature of the photography products no changes or alterations are possible and the order is final. 

8.8. Completion of Payments: Full payment must be received by specified date. Upon completion of all payments, the Photographer will proceed with scheduling and delivering the portrait package.

8.9. Failure to Complete Payments: In the event of non-payment according to the agreed payment plan, the photographer reserves the right to engage legal representation or debt collection services, with additional fees incurred including but not limited to collection costs and statutory interests.

8.10. Ownership of Images: Ownership and rights to the images remain with the Photographer until the final payment is received. Once all payments are complete, clients will receive full ownership of printed products and digital images for personal use. 

By choosing the payment plan option, clients acknowledge and agree to these terms and conditions.  

9. MY OBLIGATIONS

I will use reasonable endeavors to supply the Photography Services described on my website and marketing materials in a professional manner. 

10.  YOUR OBLIGATIONS

You agree to assist and cooperate with me in all matters relating to the Photography Services and to supply me with all information reasonably requested in order for me to carry out the Photography Services. You agree to do everything you can and that I request. Although I will do everything I can to make the experience engaging and enjoyable, you understand that I am not responsible for any photoshoot participants who refuse to cooperate, and that this may impact on the number and quality of the images I am able to capture.

It’s not always possible to remove snot, sleep crusts, food crumbs or dribble and is rarely possible to fix creases and hair in Photoshop. In addition, it always looks better to fix these things beforehand, so please make sure everything is how you want it to look in the final images before we take any pictures.

You agree to take responsibility for your own safety throughout your portrait session, recognising that there are additional hazards to watch out for in a professional photography studio, including, but not limited to, lights and light stands, background sheets and background stands, electrical equipment, trip hazards, fall hazards etc. If your child(ren) is posed in, on or near a prop or another member of your family, you agree to remain nearby, vigilant and responsible for their safety at all times.

You agree not to take pictures on your own camera or phone during the portrait session or reveal, nor to take screenshots from your online gallery.

11. SESSION TIMES & DURATION

Please make every effort to arrive on time for your session and please let me know as soon as possible if you anticipate arriving late. If you are less than fifteen minutes late, your session length may be reduced accordingly. If you are more than fifteen minutes late, your session may be canceled, with no refund or re-shoot provided.

If a session duration is not specified as part of your package, I will end the session at my discretion when I determine that adequate images in terms of quality and quantity have been captured. 

12. CREATIVE LICENSE

You grant the photographer full creative license to shoot, help selecting images, edit images and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer.

13. SPECIAL IMAGE REQUESTS

I will make every effort to comply with requests for specific photos. Please ensure these are notified to me in advance of the shoot. Requests that are felt to be unsafe will be refused. It may not be possible for all of the images requested, or those expected, to be captured.

14. SHORTLISTING & EDITING

Your photographer will carry out any shortlisting and editing necessary to prepare the portraits for your viewing and selection. 

15. ORDER SALES & FULFILLMENT

Please make your decisions on which images you’d like to keep and in which formats at the reveal and ordering session, as indicated by your photographer. Reorganizing the reveal and ordering session after this time will incur a small fee of €100. 

Due to the nature of custom photography, all orders are final and cannot be canceled, altered or refunded. Please note that any special offers and discounts only apply to your initial viewing and ordering session. 

Delivery times for prints, digital files, albums or other products may vary and will be advised at the time of ordering, but is usually within eight weeks (longer period during peak seasons (summer weddings, Christmas). 

Digital files provided with your purchased portrait are in JPEG format. The files are delivered in high resolution, matching the size of the purchased product, excluding framing or passepartouts. While I strive to deliver high-quality and visually stunning results, the final digital image size may vary based on creative considerations during the photoshoot and/or post-processing.

The digital files will be sent to you via WeTransfer service to the email address provided during the order process. It is the customer's responsibility to ensure the correct and secure receipt of the digital files.

16. IMAGE ARCHIVING and GUARANTEE

Aneta Jeremiasova provides lifetime guarantees on wall art.

However it is your responsibility to backup any digital files you receive. Please create multiple backups on different devices, and ensure the safekeeping of any prints, albums or other products. 

17. DATA PROTECTION

Aneta Jeremiasova will store Client names, contact details and session information privately and will not share these with any other business or organization. To facilitate the resolution of unpaid balances, the Photographer may share your relevant details with a legal company representing the photographer. This may include, but is not limited to, your name, contact information, and details related to the outstanding balance. Such disclosure is conducted in strict accordance with data protection laws and regulations. I prioritize the privacy and security of your information and will only share what is necessary for the lawful pursuit of unpaid balances. If you have concerns or wish to discuss your payment situation, please contact us directly to explore mutually agreeable solutions.

18. LIABILITY

In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond my control, my liability shall be limited to a full refund of all monies paid.

I will not be liable for any acts, events, omissions or accidents beyond my reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, inclement weather or default of suppliers or subcontractors. 

The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged. My total liability for any breach, representation, act or omission (including negligence) shall be limited to my fee in relation to the Photo Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. 

 

Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said person's own risk. Aneta Jeremiasova cannot be held responsible for any personal accidents during a photographic shoot. 

Aneta Jeremiasova is not responsible for the quality of services provided by business partners or other third parties. Your statutory rights are not affected.

19. MODEL RELEASE

Client grants permission to Photographer and its 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 including photography competitions or exhibitions. Therefore, the Photographer may use Client's likeness and image on Photographer's  website or other advertising. Portraits captured during promotional sessions, such as those priced at 99 EUR or 40 over 40, entail the granting of full model release to the photographer and may be utilized for marketing purposes, thereby justifying the promotional pricing over the standard booking fee.  

20. PHOTOGRAPHY RELEASE

The photographer, Aneta Jeremiasova, as the copyright holder of all Aneta Jeremiasova Portraits photographs, hereby grants permission for the client to use the purchased imagery for personal use. This includes, but is not limited to, publishing, sharing, and reprinting for personal enjoyment and memories.

However, the client is expressly prohibited from using the imagery for commercial purposes, such as printing on shirts or any other merchandise intended for resale. Any commercial use of the photographs without the explicit written consent of Aneta Jeremiasova is strictly forbidden.

This agreement is designed to ensure the protection of the photographer's creative work and intellectual property rights. By purchasing and using the imagery, the client acknowledges and agrees to abide by the terms specified herein. 

21. PHOTOGRAPHER'S RIGHT TO REFUSE OR TERMINATE PHOTOSHOOT

The photographer reserves the right to refuse potential clients without providing specific reasons. Additionally, the photographer maintains the authority to cancel or terminate a photoshoot at their discretion, with or without cause. This decision is made in consideration of various factors, including but not limited to, scheduling conflicts, safety concerns, or any circumstances that may compromise the quality of the photoshoot. By engaging in the booking process or initiating a photoshoot, the client acknowledges the photographer's right to refuse service or terminate a portrait session. 

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