TERMS AND CONDITIONS (PUBLIC OFFER)
1. Introduction By accessing this website and booking the Photographer’s services, you agree to these Terms and Conditions. In the event of a specific Service Agreement (e.g., for commercial or large-scale projects), the terms of that individual contract shall prevail over this Public Offer.
2. Booking and Payments
- 2.1. Deposit: To secure a date, a non-refundable deposit is required.
- 2.2. Balance: The remaining balance is due on the day of the photoshoot, unless otherwise specified in a separate agreement or invoice (e.g., for corporate clients).
3. Intellectual Property and RAW Files
- 3.1. Copyright: The Photographer retains all copyrights to the images created during the services.
- 3.2. RAW Files: Original RAW files are the Photographer’s working material and will not be delivered to the Client. Delivery of RAW files requires a separate written agreement and an additional “Buyout” fee.
- 3.3. Integrity: The Client may not apply additional filters, crops, or edits to the final images without the Photographer’s consent.
4. Licensing and Usage
- 4.1. Personal Use: Private clients are granted a non-commercial license for personal use (social media, prints).
- 4.2. Commercial Use: Any commercial use (advertising, branding) must be authorized in writing and may be subject to additional licensing fees.
5. Cancellation and Rescheduling
- 5.1. Standard Term: Cancellations or rescheduling requests must be made at least 14 days prior to the photoshoot. If canceled less than 14 days before the date, the deposit is forfeited.
- 5.2. Large-Scale Projects: For projects involving significant pre-production, cancellation terms and compensation for work already performed are governed by an individual contract.
- 5.3. Photographer’s Unavailability: If the Photographer is unable to perform (illness, force majeure), a replacement of equal professional standing will be offered, or a full refund of the deposit will be issued.
6. Limitation of Liability The Photographer’s liability for any technical failure (data loss, equipment theft) is limited to a full refund of the fees paid.
7. Governing Law These terms are governed by the laws of France. Any disputes shall be resolved through the appropriate legal channels in France.
Contact Information: For any inquiries regarding these terms and conditions, please contact Oleksandr Kovalchuk by hello@photokovalchuk.com
