Terms and Conditions • Madalina Sheldon Photography
• Basis for all contractual agreements •
1. Object and benefits
(A) The contract is irrevocable with the signature of the customer and the contractor.
(B) The contractor undertakes to send an invoice for the applicable reservation fee to the client immediately after the signature of the contract. The amount must be paid within one week.
(C) Upon receipt of the reservation fee, the binding booking of the date shall take place.
(D) If the amount is not exceeded within one week, the contract shall cease to have effect.
(E) The service provider is Madalina Sheldon personally.
(F) The contractor is responsible for timely delivery (about 5 weeks after the wedding) of digital and analogue products as well as all services.
(G) The client undertakes to submit a detailed schedule of the wedding including all location and contact data as well as specific requirements for desired group shots before the booked date.
(H) It is understood that the contractor may make changes to the digital files in order to provide exclusively images which are unanimous with the portfolio. In doing so, conspicuous manipulations or retouching are not carried out.
(I) The contractor provides JPG files (size approx. 5 MB) and no raw files or RAW. Number of items approx. 50 average per hour depending on the dynamic of the event.
(J) Albums and photobooks are not contractual objects and are only made upon request and billed separately.
(K) Services and products included in each collection: Correspondence and advice via telephone, e-mail, Facetime / Skype, a personal preliminary consultation if time and distance allows, USB drive with all data as seen in the portfolio and released for private use, password protected online gallery for 6 months (prolonging possible on request) with full-size data and free download function, prints.
(L) The imagery of delivered files: soft background, soft contrast, subtle colours as seen in the portfolio. All delivered images are as seen in portfolio.
(M) Color, contrast, tint, hues and general color may vary depending on weather and light conditions.
(N) Depending on the lighting and weather conditions, the photographer decides which technical approach is suitable.
(O) The contractor reserves the right to bring an assistant without extra charges. The customer will be informed in advance.
(P) A second shooter on request will be charged separately.
(Q) The booked package or the number of hours, including waiting and / or intermediate driving time from one location to another is to be understood as one unit.
(R) Arriving and departure shall not be regarded as working time.
(S) International weddings or projects may be charged particularly (travel and lodging) depending on the length and location of the event.
(T) Six hour bookings or more, shall provide sufficient beverages, food, seating for the contractor.
(U) The contractor will photograph all persons according to the possibility and willingness of the subject.
(V) The contractor is not responsible for the schedule of the event and possible delays of certain highlights.
(A) A reservation fee will be invoiced after signature of the contract. The remaining amount will be invoiced within one week after the booked date. Payment: seven days.
(B) If the reservation fee is not transferred within seven days, the contract will be canceled and the date will be available for further projects.
(C) The reservation fee shall not be refunded on cancellation or if the date does not take place for reasons which are not within the sphere of influence or incurrence of the contractor (cancellation, postponement of the date by the customer).
(D) Uncommon travel (flight, ferry) and / or accommodation costs for international projects shall be settled in advance with the client and shall be added to the invoice or be accepted and organized in advance by the client.
(E) Any additional hour or delay of the order will be billed at 30 minutes intervals. Prices can be found in the current pricing list.
(F) Costs such as road fees, entrance fees or parking fees will be carried by the contractor (up to 20 Euro). Additional amounts are added with receipts of the final invoice.
(G) Additional services or products requested by the customer shall be invoiced separately.
3. Liability & Cancellation
(A) The contractor shall not be liable for the loss, non-occurring or damage of the photographs by third parties, acts of God or technical failure and the resulting total or partial damages.
(B) The contractor is liable for his own negligent loss, damage to the photographs.
(C) If the contractor is not able to honor the booked date for reasons such as: illness, accident, natural disasters, acts of God, all payments made to the contractor will be refunded. In addition, the contractor shall endeavor to find a substitute photographer who will provide the services on his own account. The contractor will not be liable for further losses or damages.
(D) A non-delivery of all services and products resulting from our own negligence shall be paid with a compensation of 10% of the total amount in addition to the full reimbursement of the reservation fee to the client.
(E) In the event of a delay from the negligence of the contractor, the corresponding amount shall be reimbursed in a 30 minute intervals.
(F) The contractor will not be liable for delays caused by acts of God.
(G) The contractor will not be liable for the failure of certain photographs to be created if there are no relevant persons assisting in the identification of persons, location, objects or the like.
(H) Complaints regarding the composition of the picture as well as the artistic imagery and craft are excluded.
(I) The contractor and the client shall agree on a positive cooperation and communication for the best possible outcome within the definition of the task under item (g), paragraph 3.
(J) The contractor is not responsible for the fact that one or more session are missed by certain persons or guests.
(K) Should the client withdraw from the agreed date after signature of the contract or postpone the date, the following damages shall be payable to the contractor:
Cancellation up to 12 months before the date: 10% of the total amount
Cancellation up to 9 months before the date: 20% of the total amount
Cancellation up to 6 months before the date: 30% of the total amount
Cancellation up to 3 months before the date: 40% of the total amount
Cancellation up to 1 month before the date: 50% of the total amount
The reservation fee will not be refunded on cancellation or postponement.
(L) The client shall have the right to revoke his declaration of intention to conclude the contract within two weeks after signature. The revocation does not contain any justification and must be handed over in text form to the client.
(A) A subjective dislike of the images is not accepted as a reason for rejection / return.
(B) A post-processing or retouching outside the signature of the contractor is not carried out.
(C) Black and white conversions, if possible, are carried out free of charge on request.
(D) Changes to the online gallery are to be carried out free of charge by the contractor.
5. Rights / right in one's own image
(A) The contractor undertakes not to publish or display any images of persons without the written consent of the client.
(B) Upon approval of the publication or display, the client shall receive a discount. (See price list)
(C) The discount will be billed separately in case of withdrawal of the consent of the publication or presentation of the pictures.
(D) In the event of a withdrawal of the consent of the publication and display of the images, the images are removed from the contractor's portfolio.
(A) The contractor undertakes to store a backup copy of the edited files for a period of three years.
(B) The contractor shall not be liable for loss or damage by third parties during this period.
(C) The backup is free of charge.
(D) The client may receive the files again free of charge during this period.
7. Rights of use and copyright
(A) The following rights of use shall be transferred to the client: reproduction right, distribution right, private publication.
(B) Unauthorized rights: post-processing (trimming, filtering and other), public exhibition, advertising or commercial purposes.
(C) The rights shall only be transferred to the customer after payment has been completed.
(D) The rights shall be transferred without restriction in time and space.
(E) The author is Madalina Sheldon.
(F) The conditions set out in points (a), (b), (c), (d), (e) shall also apply to the transfer of the images to third parties.
8. Legal consent, jurisdiction and jurisdiction
(A) The law of the Federal Republic of Germany shall be deemed to have been agreed, also in the case of deliveries abroad.