STANDARD TERMS AND CONDITIONS OF BUSINESS – REPUBLIC OF IRELAND
Please read the following terms and conditions carefully before engaging in any services provided by Irina Kobeleva.
By booking a session or utilizing Irina Kobeleva services, you agree to comply with and be bound by these terms and conditions:
1. Definitions
“The Photographer” means any photographer working for or on behalf of Irina Kobeleva.
“The Client” means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
“Images” and/or “Photographs” means all photographic material including but not limited to photographs, prints, digital scans, video files, digital files, digital image, artwork, montages and other type of physical or electronic material and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material and which may be offered for the purpose of reproduction and which has been created by the Photographer.
“Reproduction” includes any form of publication or copying of the whole or part of any photograph whether altered or not and whether by printing, photography, projection (whether to an audience or not), electronic or mechanical reproduction or storage, electronic transmission or for any use as an artist’s reference or illustration, or in a layout or presentation to include non-commercial image sharing internet resources.
2. Acceptance of Terms and Conditions
All contracts and transactions between The Photographer and The Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between The Photographer and all or any of its Clients. Any booking with The Photographer indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety.
3. Copyright and Ownership and Delivery
In accordance with the Irish Copyright and Related Rights Act 2001 all images created by The Photographer are owned by The Photographer. Unless otherwise stated, The Client will receive a selection of high-resolution JPEG digital images . The entire copyright of the images is retained by The Photographer at all times throughout the world.
All original negatives, transparencies and digital files created by The Photographer remain the property of The Photographer. Should The Client request copies of images after initial delivery, The Photographer will, where possible, make them available for future reproduction in return for the relevant fee. RAW unedited images are not to be shared with The Client.
The Photographer reserves the right to make reproductions of images created during any and all assignments, commissions or employment terms for marketing, promotional, competition and editorial purposes if permitted by The Client.
Images are available to The Client through the online gallery for a period of 1 month which may be extended if required. Once the online gallery expires, re-upload fee €25 does apply.
Only person or persons nominated by a company or organisation will be granted access to the Images after the photo session. Once The Client downloads the Images they will be responsible for the protection of that data under their own company Data Protection Policy.
The Photographer will retain the original files for a period of 3 years after which it is deemed his obligations to The Client have been fulfilled.
4. Cancellations and Deposit
Deposits are strictly non-refundable unless The Photographer has to cancel the photo session because of health or personal reasons. The photo session will be rescheduled if The Client gives an appropriate notice (not less than 24h prior to the session unless force majeure occurs). This contribute towards the photographer’s time planning your shoot with you and creating and sending out files with location suggestions, style suggestions, family/baby/siblings/dog guides etc.
The photo session can be rescheduled retaining the original deposit only once and within one month from the original booking date, otherwise a new deposit will be necessary.
On instances where The Client arrives late or fails to attend their shoot at the agreed time, The Photographer reserves the right to shorten or cancel the shoot without the refunding of any fees paid. The rescheduling of such shoots will be subject to The Photographer’s standard fees.
5. Travel fee:
Travel fee does apply for remote locations (outside of Dublin) approximately €1,5/km.
6. Payment Terms
To secure your booking The Client must pay non-refundable deposit. The rest is payable strictly on the day of the photo shoot. The fee for additional photographs or any other additional services must be paid in full at the time of ordering that extra service.
7. Retention of Title
The Photographer reserves the right to retain all of The Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by The Photographer will also be revoked until payment has been made.
8. Fees and Expenses
All prices quoted to The Client apply only to the original job description and specifications given to The Photographer by The Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, The Photographer shall endeavour to provide an indication of what these additional charges will be.
9. Photography quality
Every effort will be made to ensure that the Client receives the highest possible quality product. Many factors outside of the Photographers control contribute to the outcome of a session, variety of images captured, number of images presented and the subsequent visual and artistic appearance of photographs. Factors outside of the photographers control include but are not limited to:
Willingness and ability of photographic subjects
Newborn safety and temperament of photographic subjects
Natural features, expressions, positioning produced by photographic subjects
Time remaining in the event of lateness or non willingness to participate in a desired manner
Equipment and props available in the photographers existing collection
Time required to achieve specific images
Change of mind
Insisting on having services provided in a specific way against the photographers recommendation
Lab processing delays, shipping delays, printed product unavailability
Natural outdoor light and environmental conditions
10. Conduct
The Client shall be responsible for the behaviour of any persons accompanying them to photo session. The Photographer reserves the right to terminate any assignment without notice if he deems The Clients behaviour to be unruly or unsafe. In such instances, The Photographer reserves the right to charge his full fees and expenses. The Client will fully reimburse The Photographer for any loss/damage they cause to property or equipment.
11. Editing
Proofing images will be made available to the Client to finalize selections in a private online gallery within 5-10 days.
Final images will be ready within 5-10 days from the date of the selection.
The Photographer’s editing of the images is consistent with one The Client can view throughout the portfolio, the editing is Photographer’s unique style and The Photographer does not adapt it to different screens The Client may view them on which may show different brightness/colors due to not being calibrated properly.
The photographer reserves the right to immediately terminate service if the Client or Client’s participates bully, harass, threaten, abuse, use violence, discriminate or makes offensive remarks towards the photographer or photographer’s brand.
12. Printing
Printed photographs are ready for collection within 3-5 weeks from the date of the selection.
The Photographer is not responsible for printing results and the quality if The Client order prints elsewhere.
13. Delivery of Products and Services
The supply of products and services are provided by The Photographer on a best endeavors basis.
The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable.
The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, floods, fire, loss or damage in transit etc.
The Photographer will make reasonable endeavors to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party.
Clients who choose to have items sent to them without loss/damage cover do so at their own risk.
14. Confidentiality
The photographer acknowledges that in the performances of the services, she may receive information from The Client which is designated by The Client as confidential. The Photographer agrees to keep this information confidential and not to disclose such information to other parties except as requested by The Client, required by law or as deemed reasonably necessary to enable The Photographer to carry out their obligations in relation to the commission.
15. Prices & Terms
The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.
16. Rush Services
The Photographer reserves the right make an additional charge should The Client request a rush service. This service is subject to availability.
17. Images/Data Supplied in Electronic Format
For all images/data supplied to The Client in electronic format (including but not limited to electronic mail, USBs etc), The Photographer will endeavour to ensure that the data sent is not corrupt. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to The Clients computer or data.
18. Law
This Agreement shall be subject to and constructed according to the laws of the Republic of Ireland. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
By booking a session with Irina Kobeleva, you acknowledge that you have read, understood, and agreed to these terms and conditions.