GENERAL TERMS AND CONDITIONS OF SALE

 

1. Booking a service:

The reservation of a photographic service can be made at any time subject to availability of the photographer. The reservation of the services will be definitive only after the reception of the deposit in time. The estimate established by the photographer is valid for 7 days, after this date, the photographer reserves the right to modify the amounts if he wishes. In case of cancellation by the customer, the day having been blocked for it, the deposit paid will be lost. Any order placed by the customer is firm and final and entails his adhesion to the general conditions of sale. No modification of the order will be able to intervene if it is not of common agreement. If the customer has not met his obligations (default or late payment), a refusal of service may be opposed. No discount for cash or advance payment will be granted.

 

2. Terms of payment:

The deposit will be made by bank transfer to the order of M PREPELITA Emanuel. This deposit constitutes an act of commitment on the part of the client, and allows, upon receipt, to constitute an act of commitment on the part of the photographer. The date will only be locked by the photographer upon receipt of the deposit or the full amount. Unless otherwise agreed between the two parties, this invoice is payable: session fee at the time of booking and the balance at the latest on the day of the shooting. Payable by bank transfer or cash. Failure to pay the balance will result in the cancellation of the delivery of the photos, without refund of the deposit received. The final delivery of the photos will be made only when the order is fully paid, the photos will be stored maximum 1 year after the event.

 

3. Rates:

The prices are expressed in euro (€) and are displayed including all taxes. The prices displayed on the site www.essenceofmemories.com or on the price offers may be subject to change without notice or prior information.

 

4. Travel expenses:

All travel within the Brussels Capital Region is free. Beyond this area, transportation costs and any other costs will be charged to the customer as well as an indemnity depending on the duration of the transportation and any waiting time.

 

5. Modification of the service - Cancellation:

In the event of cancellation of a booking of a photographic service which has become definitive, please note that, in accordance with the legal provisions, the deposit will not be refunded. In the event of a change of booking or date of service, the photographer may charge a fee. In the case of photo shoots, rescheduling or cancellation of the photo shoot must be done at least 48 hours before the shoot, if this period is not respected, a cancellation fee of 50 euros will be charged. Essence of Memories allows only 1 rescheduling.

In the case of event photography, if the beneficiary somehow cancels the services of the provider for various reasons 1 month before the event for which he has been contracted, he is obliged to pay 50% of the contract, as in the case of the provider, in the unlikely event that the provider cannot make it to the event he is obliged to pay 50% of the contract to the beneficiary.

 

5-1. Weather conditions: In case of bad weather conditions such as thunderstorms, storms, heavy rain, etc., the photographer will not be held responsible for the non-execution or partial execution of the outdoor services initially planned in the order. No refund will be made, the session will be postponed to a later available date.

 

5-2. Force majeure or illness: Is considered as force majeure an unforeseeable external event that makes the execution of the service impossible (accident, death, ...). Either party may invoke this right if the force majeure is characterised. PREPELITA Emanuel reserves the right to cancel or postpone a photographic service in the event of force majeure or illness. Such a cancellation will not engage his responsibility nor give rise to the payment of damages in any capacity whatsoever. The session will be postponed to a later date. In case of cancellation or modification of a service due to force majeure - the deposit will not be refunded but will be used as a deposit for a future service. In case of cancellation or modification of a service due to force majeure - the advance will not be refunded, but will be used as an advance for a future service, by mutual agreement with the client, if the client behaves aggressively or addresses any kind of insults or threats, the photographer will take the measure to completely cancel the contract, the client understanding that he loses the advance completely, without any possibility of a future collaboration.

 

5-3. Technical problems and accidents: The photographer undertake to provide himself with sufficient equipment to ensure all of his services and to ensure that he uses equipment in good condition and working order. In the event of a technical problem with the photographic equipment or an accident during the service preventing the photographer from delivering the work requested, the entire amount paid will be reimbursed, without giving rise to the payment of damages for any reason whatsoever. In case of loss or damage of the photos before their delivery (burglary, fire, ...), the client will only be entitled to a refund of the service.

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5-4. The photographer is not responsible for persons obstructing the view of the camera or preventing the photographer from capturing the images requested by the client. The Photographer will make reasonable efforts to communicate with such persons and request them to move, but ultimately it is the Client's responsibility to ensure that the Photographer has a clear view and unobstructed access to capture the requested images.

5-5. The photographer's style may vary depending on lighting conditions and other factors present during the shoot. The images in the photographer's portfolio are intended to serve as examples of the photographer's style, but the actual images produced during the shoot may be different due to lighting and other factors. Client understands and agrees that the final images may not be identical to the images in the photographer's portfolio.

5-6. Client acknowledges that Photographer has a long career in event photography and is qualified and experienced in capturing images in a variety of settings and conditions. The Client agrees to allow the Photographer to conduct his/her work in a professional manner and not interfere with the Photographer's work process. Client also agrees to instruct any guests or event attendees to respect the photographer's work and not interfere with the photographer's work process.

 

6. Execution of the photos: the photos are taken by the photographer using the special materials available for execution in the format well known to the client, their execution being different depending on the space, light (or complete lack of them), people and environment. Applies only if events last more than 6+ hours: The beneficiary will provide a menu to the provider and assistant (if present) or otherwise the photographer and assistant (if present) will be missing for 1 hour to eat, the provider reserves the right not to respond if there will be an important moment to be photographed during this time.

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6-1.Post-processing of images: Post-processing, like photography, is specific to the photographer and is an integral part of his work, his artistic style. The photographer is the only one who decides what post-processing to apply to the digital negatives. Consequently, the client recognises that photographs cannot be rejected according to his or her taste. Photos are edited for color correction with the photographer's colorization, lighting, white balance, in the photographer's specific style. Advanced edits such as adding or removing objects are not included, nor is the aesthetics of people altered. This advanced editing service is available to the client separately with the price per photo. No raw, tiff or other files will be given or sold to the client and cannot be requested. Digital files will be delivered in jpeg format.

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6-2. The client acknowledges and agrees that they will be held liable and responsible for any damages caused to the photographer's equipment by any guests or third parties during the event.The photographer will not be held liable for any injury or damage to any person or property during the course of the photography session or the event. This includes, but is not limited to, accidental damage of equipment. The client further agrees to reimburse the photographer for any costs incurred as a result of such damages, and to indemnify and hold the photographer harmless from any claims, damages, or expenses arising from any damage or loss to the photographer's equipment caused by any guests or third parties during the event. This clause shall survive the termination of the contract.

 

7. Delivery of photographs: PREPELITA Emanuel is committed to delivering quality work and will do its utmost to ensure that the photographs are delivered as soon as possible (as announced in the first contact with the client, count between 2 to 12 weeks depending on the event or photo shoot). Unless specifically requested by the client, the digital photos are delivered on a photo gallery that can be downloaded. The gallery is protected by a password and communicated by the photographer at the time of delivery of the photos. The client has 10 days to download his photos. The photographer guarantees the quality of the prints and albums ordered through him. He is not responsible for the print quality of other print labs or lambda print websites. From the moment of delivery to the customer, the photographs are kept and archived under their entire responsibility. The customer is invited to make backups on various media. The photographer is not responsible for any loss or damage to the digital files given to the client.

 

8. Liability:

The client declares to be of legal age and freely poses for photos, in the style he/she wishes. The client agrees to the sharing of photographs for self-promotional purposes, also in case of minor(s) in the photos. The time fixed for the service is imperative and any delay of the customers will be able to be imputed of the time beforehand agreed for the session. Beyond 30 minutes of delay, the session will be cancelled and the deposit will not be refunded. The children present during the photo sessions remain under the entire responsibility of the parents. In case of material damage caused by the client or the child or any other person related to the clients, the client will be responsible for the reimbursement of the material in its entirety.

 

9. Intellectual Property:

The photographs constitute works of the mind, as defined by the code of intellectual property, of which the Photographer is the author. The photographs are reserved for the personal and private use of the clients, a use subject, on whatever medium, to the respect of the provisions of the intellectual property code, and more generally of the laws and conventions concerning copyright. No photograph may be modified in any way whatsoever, without prior written consent of the author (photographer). The customers commit themselves respecting the integrity of the works of the photographer, and in particular to return the colours faithfully, without truncating or distorting them. The communication of the supports (paper prints, originals and photographs stored on a computer support) does not involve, nor presume the transfer of the exploitation rights on the photographs (reproduction and/or representation rights). The client agrees to be jointly and severally liable with the photographer in the event of any damage caused by the misuse or abuse of the images by a third party without the client's knowledge.

 

10. Copyrights:

The photographs, in digital or printed format, remain the property of their author. Any use, whatever it is (diffusion, exhibition, reproduction...), other than strictly personal, of a photograph is thus prohibited without the written and preliminary agreement of the photographer. For the needs of use of the photographs in another framework than the private framework, the photographer estimates the amount relating to the royalties, amount depending on the mode of diffusion and the volume of diffusion. Any use of the photographs of the photographer beyond this use and without its written authorization are constitutive of counterfeit, and are punishable.

 

11. Image rights:

The author is, by law, the inalienable owner of his image and the client scrupulously respects this right of image. The photographs can be freely used by the author, on all supports, in order to ensure the promotion of his professional activity, subject to the respect of the rights of the photographed persons and goods and except explicit requests of the customer expressed in writing before the validation of the order. Clients agree that their image may be used on all communication and/or promotional materials of the photographer, such as websites, social networks, presentation leaflets, books, ... No use will be made by the photographer outside its own communication needs. No rights will be transferred to third parties without the permission of the client who appears. The photographer refrains from exploiting any photograph likely to infringe on the private life, image or reputation of the clients. Any comments or captions accompanying the reproduction or representation of the photographs must not be detrimental to the image or reputation of the photographer or his clients. The Client may freely object to the transfer of image rights. He must however imperatively mention it in writing before validation of the order. This refusal constitutes a lack for the communication of the photographer who reserves the right to invoice an increase on the total amount of the service in question.

 

12. Personal data:

The personal information collected when placing an order is intended exclusively for customer management and in particular the follow-up of reservations in order to ensure the proper execution of the service ordered. The photographer undertakes not to communicate this information to third parties for any reason whatsoever.

 

13. Applicable Law:

The contractual relations between the parties to which these general terms and conditions apply shall be governed exclusively by Belgian law. Any dispute concerning the formation, execution or interpretation of these general conditions, as well as any contract to which they apply, shall, in the absence of an amicable agreement, be subject to the exclusive jurisdiction of the Belgian courts. Any legal action must be brought before a court located in the photographer's department of residence. The client acknowledges that he/she has taken cognisance of the above general conditions of sale.

 

14.Obligations and rights of the parties concerned: The service providers are obliged to perform all the tasks specified in the subject of the contract. The service providers are obliged to ensure the quality of the materials in digital format, provided that they execute the materials well known to the beneficiary, by consulting the portfolio made available online at www.essenceofmemories.com or Facebook at https://www.facebook.com/PrepelitaEmanuel or Instagram at https://www.instagram.com/prepelitaemanuelphotographer/ .