Terms of Service

Some parts of these terms and conditions will/can change depending on the type of services rendered and will take affect when both client and vendor both sign a copy of the agreement.

Terms and Conditions

 

Services. Vendor (Luca Vieri) "Photographer" shall provide Client with their services and/or products ("Services"): Shoot/Event

 

Location and Delivery of Services

Location of Services will be decided on prior to Shoot/Event and photographer will not perform the services if client chooses to change the location of the shoot/event without prior agreement between both parties. The deposit will not be refunded and will be up to the photographers’ discretion whether they will reschedule shoot/event for another time.

 

Payment

A non-refundable booking fee of (varies depending on event) will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website and is due at least two weeks before shoot/event. The booking fee will be deducted from the cost of the client's chosen services when calculating the final balance due.

Payment in full of the remaining balance will be due at the end of the session on the day of shoot/event unless otherwise agreed upon between photographer and client. 

Additional goods ordered must be paid for in full at the time of ordering.

 

No photos will be released to Client unless all balances are paid.

*The editing process varies by event and how also by how many photos will be delivered. There is no guaranteed time frame, however the minimum is can range anywhere between 6 to 8 weeks.

First payment for the photo shoot is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.

 

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

 

Intellectual Property

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to italian copyright law, whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.

Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:

1.    In photos on Client’s personal social media pages or profiles; or

2.    In personal creations, such as a scrapbook or personal gift; or

3.    In personal communications, such as a family newsletter or email or holiday card.

 

Marketing and Advertising

Vendor owns the license for all photos taken and will reserve the right to use any photo from the shoot for use of marketing and/or advertising. Only through written request and a paid non usage fee of €100.00 will the clients’ photos not be used by vendor. Photos will only be used for marketing and/or advertising and/or promoting and no other purpose.

 

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

1.     Every client and shoot is different, with different tastes, budgets, and needs;

2.     Photography services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;

3.     Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

4.     Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;

5.     Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

6.     Vendor is under no obligation to distribute to client all photos taken at the shoot. Vendor reserves the right to use its own artistic judgement as to which photos shall be produced for sale and to fulfilling this agreement.

 

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.

 

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

 

Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.

 

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the Shoot/Event to occur or failure of one or more essential parties to the Shoot/Event to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the Shoot/Event, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for date of Shoot/Event, then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.

 

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

 

1.      A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

2.      War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

3.      Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

 

Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1.      Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

2.      Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

3.      Excuse Client of any further performance and/or payment obligations in this Agreement.

 

General Provisions

Governing Law. The laws of italian govern all matters arising out of or relating to this Agreement, including torts.

 

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

 

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:     Email/Text/Call

 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Shoot/ Event and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

 

Amendment. The parties may amend this Agreement only by written consent via proper Notice.