Terms & Conditions

  • Non-refundable $50 retainer fee is due at time of booking to secure your session date and is applied towards your session balance.
  • Payments may be made by cash only.
  • Pricing is non-negotiable.
  • Prices subject to change without notice. Pricing will be honored at time of booking, so book today to lock in current rate.
  • Shoot on locations could be subject to a travel fee.
  • Additional digital images are available for purchase if desired.

 

Terms and Conditions Kazumi Photography
August 2017

1. Definitions
These Terms and Conditions include:
Aw: Copyright Act 1912
Photographic work: photographic works as referred to in Article 10, paragraph 1, sub 9 Aw, or other works within the meaning of the Aw, which may be aligned with such photographic works.
Image carrier: The carrier on which a photographic work (or not recognizable) is recorded, such as a slide, negative,
print, polaroid, cd-rom, dvd or usb stick.
Photographer: The user within the meaning of Art. 6: 231 BW.
Other party: the other party within the meaning of Art. 6: 231 BW.
Use: reproduction and / or disclosure within the meaning of Article 1, no. 12 and 13 Aw.

2. Application
These Terms and Conditions apply to all legal relationships between a photographer and a counterparty, including quotes, order confirmations and verbal or written agreements, even after termination of an agreement, unless parties have been
expressly and specifically excluded from these terms.

3. Quotation
Quotations are entirely free of charge, unless expressly stated otherwise. The Photographer has the right to cancel this offer up to two working days after receipt of acceptance of his offer. The offer does not require delivery of part of the performance at
a proportional price.

4. Compensation
4.1 If the parties have not agreed a fee, the fee used by the Photographer is applicable.
4.2 If and in so far as a customary fee can not be discussed, the Photographer will, in reasonableness and fairness, determine the compensation, whereby the Photographer may, among other things, be able to connect with (i) the usual fees for similar contracts, between similar clients and similar contractors, which may be referred to fees paid by photographer colleagues, (ii) which in previous cases (iii) comparative fees charged by photographers in surrounding countries and (iv) the scope and scope
of the use of the work by the other party.
4.3 If the Photographer has assumed higher costs and / or made more work, which were reasonably necessary, these costs and / or additional work will also be incurred. for consideration by the other party.

5 a. Invoice and payment of business orders
5.1 The Other Party will check the Photographer’s invoice for inaccuracies. If, within 10 working days of the invoice date, the other party has rejected the invoice with a statement of legally relevant reasons and returned to the Photographer within 10 working days, the relevant invoice will be binding on the parties, and any other party’s right to complaint will expire.
5.2 Payment must be made within thirty days after the invoice date.
5.3 The Other Party shall make the payments due to the Photographer without rebate or claim for compensation, except for settlement with interchangeable advance payments paid between the parties, which he has provided to the Photographer.
5.4 If the Photographer has not received the due amount within the time limit specified in 5.2, the Other Party shall be in default and therefore the statutory interest payable by2%.
5.5 If the Other Party is in default or otherwise fails to comply with one or more of its obligations, including a copyright infringement, all costs incurred in order to comply with and in law are payable.
5.6 No use of the Photographic Work may be permitted in any way as long as the Other Party has not yet fulfilled any outstanding invoice from the Photographer or otherwise has not fully fulfilled any obligation arising from any agreement with the Photographer.

6. Check
6.1 If the remuneration is in any way dependent on facts or circumstances, which must be apparent from the Other Party’s records, the photographer has the right to check the client’s records by a photographer at the request of the Client. to be designated RA / AA accountant.
6.2 In the event that the outcome of the audit differs by more than 2% from the counterparty’s statement and settlement, the cost of the audit will be fully borne by the other party. In addition, the Other Party will then pay the fee payable on the basis of the actual data, after billing to the Photographer.
6.3 Check for typing errors, pricing and color trials is the task and responsibility of the other party. After checking, the Photographer is no longer responsible for errors in print or online publications.

7. Delivery
7.1 Digital Files with Photographic Works are delivered in good consultation and in a manner agreed by both parties and are from the time of shipment at the expense of the Other Party.
7.2 If no delivery time has been agreed upon, it is reasonably determined by the Photographer.
7.3 If the Photographer and the Other Party agree that the delivery time is advanced, the Photographer is entitled to increase the original agreed fee by at least 50%.
7.4 Any delivery, including delivery of a component of a Composite Assignment, may be billed separately if a component of a Composite Assignment is individually of value.

8. Complaints
Complaints about the work delivered must be communicated to the Photographer in writing as soon as possible, but in any case within ten working days of delivery of the Photographic Works. The Photographer has the right to deliver a good job for rejected work within a reasonable time, unless this would cause disproportionate damage to the Other Party.

9. Visits
9.1 As a broadcast, received digital files with Photographic Works that are not used must be erased or destroyed by the Other Party within ten working days of receipt.
9.2 In the event that image bearers and / or digital files with photographic works are kept longer than the agreed period, the other party is held liable for damage which causes the Photographer to reimburse.
9.3 The Other Party shall not retain any duplicate manufactured in any form whatsoever of the Image Carriers and / or received Digital Photographic Files, and destroy any such duplicate immediately.

10. Assignment
10.1 A contract of employment is an agreement whereby the Photographer commits himself to the Other Party to make and / or deliver Photographic works.
10.2 A contract of employment is established by acceptance by the Other Party of the Offer of the Photographer. This acceptance may be demonstrated by sending the photographer to the other party a written order confirmation by the other party or, failing that, from the actual knowledge and the courage of the other party to performing the work by the photographer in accordance with the quotation.
10.3 The Photographer has the right to execute all that is not expressly defined in a contract of contract to his own technical and creative insight.
10.4 Changes to the Contract by the Other Party for any reason and pending the execution of the Contract Agreement shall be borne by the Other Party and shall be carried out by the Photographer only after a separate tender of additional costs signed by the Other Party and upon The Photographer has been returned.
10.5 In the case of cancellation of a contract by the Other Party at any time and for any reason, the Photographer is entitled to the agreed compensation, less any unpaid costs.
10.6 Unless explicitly agreed otherwise, the Photographer is completely free in the choice of the suppliers and third parties with which the Photographer works to fulfill the contract of agreement, including models and stylists.

11. Internet
In the case of agreed use on the internet, the Other Party will ensure that the dimensions of the photographic work displayed on the Internet do not exceed 800 by 600 pixels.

12. Copyright
12.1 The copyright to the Photographic works is based on the photographer.
12.2 The Other Party may use the images freely for their own commercial purposes as agreed upon on the offer.
12.3 Transmission of the images for commercial use of third parties is prohibited. For this, permission will be obtained from the photographer in all cases.
12.4 Any use of a photographic work that has not been agreed is deemed to be an infringement of the copyright of the Photographer.
12.5 The Photographer reserves the right to use the images for own promotional purposes.

13. Rights of third parties
13.1 The Other Party who makes a photographic work public is responsible for obtaining permission from portraits and / or other rights holders, with the sole exception of others. The Other Party indemnifies the Photographer of all claims to such matters.
13.2 The Photographer is obliged to cooperate on the detection of the persons referred to in this Article.

14. Liability Photographer
The Photographer is not liable for any damage which has arisen for the Other Party, unless there is gross negligence or intent on the part of the Photographer or any person engaged by him. The liability is in any case limited to the amount of the invoice amount,
or,
if and insofar as there is an insured damage, to the amount of sums actually paid under the insurance.

15. Bankruptcy / resignation
Both the Photographer and the Other Party have the right to terminate the agreement immediately in case of bankruptcy or surrender of payment from the other party. In the event of Bankruptcy of the Other Party, the Photographer has the right to terminate the licensed license, unless the consequences thereof are contrary to reasonableness and fairness.