Effective Date: 09.05.2024
Welcome to Vividora Photography. By using our services, you agree to the following Terms of Service. Please read them carefully before proceeding with any bookings or use of our platform.
1. Services
Vividora Photography offers a range of photography and videography services, including but not limited to event, travel, and wedding photography. By booking with us, you agree to the following terms for all services rendered.
2. Booking and Payment
2.1 Non-Refundable Deposit: A non-refundable deposit of 35% of the total booking fee is required to secure your booking. This deposit is retained by Vividora to cover administrative and processing costs.
2.2 Full Payment: The remaining balance must be paid in full before the delivery of the final images or videos. Failure to complete the payment may result in delays or withholding of the final product.
2.3 Additional Fees: Any additional fees for extra services (e.g., extended shoot time, travel fees) must be agreed upon in advance and paid before receiving the final photos.
3. Cancellation and Rescheduling Policy
3.1 Client Cancellation:
- More than 7 Days Before the Session: You may cancel without penalty, but the 35% retainer will be retained. The photographer will receive their agreed commission rate on the retained amount.
- Between 3 to 7 Days Before the Session: You will be charged the full 35% retainer fee. The photographer will receive their commission on this amount. Any expenses (e.g., payment processing fees, transfer fees) will be deducted from the client.
- Less than 3 Days Before the Session: You will be charged 50% of the total booking price as a cancellation fee, with the 35% retainer included. The photographer will receive their agreed commission on the retained 35%. The remaining balance will cover cancellation fees and related expenses.
3.2 Photographer Cancellation:
- More than 7 Days Before the Session: The photographer may cancel without penalty, but they are encouraged to reschedule. If the photographer cancels, the retainer fee will be refunded to the client.
- Less than 7 Days Before the Session: The photographer must assist in finding a replacement. If no replacement is found, the client will receive a full refund, including the retainer.
3.3 Rescheduling: Rescheduling is allowed without penalty if requested more than 3 days before the session. Any rescheduling requests made within 3 days may incur additional fees.
4. Photo Sharing and Marketing Consent
We respect your privacy and will not share your photos for marketing purposes without your explicit, written consent. After your photoshoot, you will receive an email giving you the option to opt-in to share your photos for use in our marketing materials, website, and social media channels.
You are under no obligation to consent, and you may withdraw your consent at any time by contacting us at hello@vividoraphotography.com. Once you withdraw your consent, your photos will no longer be used in future marketing materials.
5. Liability and Limitation
Vividora Photography is not liable for any injuries, accidents, or damages that occur during your photoshoot. By participating, you agree that:
- We are not responsible for loss, damage, or injury to persons or property arising during the photoshoot.
- We are not liable for loss or damage to digital files due to unforeseen technical issues such as data corruption, hardware failure, or system errors. It is the client’s responsibility to back up and store their photos after delivery.
- Any delay in photo delivery due to uncontrollable circumstances is not the responsibility of Vividora Photography. We will do our best to deliver on time but cannot guarantee against force majeure situations.
6. Delivery of Photos
6.1 Photo Delivery: Final photos will be delivered within 3 business days via secure file-sharing platforms (e.g., WeTransfer, Dropbox). Photos will be delivered in high-resolution (minimum 4000px on the longer side) and free of watermarks.
6.2 Additional Photos: You may purchase additional photos beyond what is included in your package. The pricing for additional images will be agreed upon in advance.
7. Copyright and Usage Rights
7.1 Photographer’s Copyright: The photographer retains full copyright over all images produced during the session.
7.2 Client License: The client receives a perpetual, non-exclusive license to use the photos for personal, non-commercial purposes. Any commercial use or sale of the photos requires an additional agreement and fee, to be split 70/30 between the photographer and Vividora.
7.3 Marketing and Portfolio Use: With the client’s consent, Vividora may use photos for marketing and promotional purposes. The photographer may also use the photos for their portfolio, subject to client consent.
8. Privacy and Data Protection
Vividora Photography is committed to protecting your personal data. We follow industry-standard encryption and secure communication protocols to ensure that your data and photos remain safe.
We use an opt-in process for any marketing use of your photos. You may withdraw your consent at any time, and your photos will no longer be used in future marketing activities. All client data, including contact information and photo files, will be securely stored and deleted no later than 10 business days after the assignment unless you request otherwise.
9. Force Majeure
Neither Vividora Photography nor the photographer will be held liable for delays or cancellations caused by events beyond their control, such as:
- Natural disasters (e.g., floods, earthquakes, hurricanes)
- Acts of war or terrorism
- Government-imposed restrictions or regulations
- Power outages or communication failures
- Pandemics, health crises, or labor strikes
If a photoshoot cannot proceed due to a force majeure event, both parties will notify each other as soon as possible to arrange a rescheduled date. If rescheduling is not possible, Vividora will issue a refund minus any expenses incurred (e.g., travel costs).
10. Complaints and Dispute Resolution
If you have any issues or concerns about the services provided, please contact us within 7 days of receiving your photos to address the issue. We will work with you to resolve the problem, which may include offering a reshoot or a partial refund.
11. Governing Law and Jurisdiction
This agreement is governed by the laws of Estonia, and any disputes will be subject to the exclusive jurisdiction of the courts in Tallinn, Estonia.
12. Changes to Terms
Vividora Photography reserves the right to update or change these Terms of Service at any time. Clients will be notified of any significant changes, and the revised terms will apply to all future services.
