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LP Visuals limited trading as Lucian Petrean Photography. When booking a session, you agree to these terms of service upon paying your booking deposit fee. Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions.

CLARITY of TERMS of SERVICE


This agreement is between Lucian Petrean Photography (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates, and representatives. The client agrees that it has the legal authority to enter into this agreement on behalf of its employer, company, or organization. Photographer’s relationship with the Client is that of an independent contractor.

 

“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, which were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

USAGE RIGHTS and OWNERSHIP


The client acknowledges that Photographer is the author of the Image(s) and the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of the Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement. 

PHOTOGRAPHIC INTEGRITY and ALTERATIONS


The client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of the Photographer. 

 

Portrait sessions include editing which consists of changes to the colour, crop, contrast, & exposure at the photographer's discretion. Portrait sessions do not include retouching. Any additional portrait retouching is done upon request by the client at an extra charge.

CREDIT LINE and COPYRIGHT NOTICE


Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, the Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to the Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.

IMAGES are LICENSED for SPECIFIC USE(S) and ARE NOT SOLD.


The client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.

The term of the licence begins from the date Photographer receives full payment of the invoice and upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sublicensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark, or other service marks.

The use of any Image(s) by the Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered or removed, without the express consent of the Photographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.




GENERAL LIABILITY and RELEASES


The Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But the Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

 

The client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, which may arise from the Client’s use of any Image(s).

 

The photographer is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Image(s) unless specifically stated in this Agreement. It is the Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

 

Should Photographer agree to deliver any releases, it is the Client’s responsibility to determine whether such releases are suitable for the Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

 

In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

CREDIT LINE and COPYRIGHT NOTICE



Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, the Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to the Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.


 

PAYMENT


Time is of the essence for receipt of full payment under this Agreement.

NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.

 

UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.

 

Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.

 

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

 

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.

CANCELLATIONS and POSTPONEMENTS


A 50% deposit fee is due to hold your session date. This fee is non-refundable. The remaining balance is due on the date of your session. If you cancel your deposit is forfeited and may not be applied to another session. If you do not cancel and the photographer arrives at the location of the session you will be responsible for paying the remaining 50% balance.

ARCHIVING DIGITAL FILES


 

While Photographer may choose to archive the Image(s), it is the Client’s responsibility to safely store and archive the Image(s) for the duration of the term of the license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

 

The client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

 

All digital files created by, or on behalf of, Client that contains any Image(s) will be deleted or destroyed within ten days after the expiration date of the license.

 

Any requests for the photographer to reproduce images that were already delivered will incur a £100 processing fee. 

RESHOOTS


If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.

 

If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, or acts of God, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.

 

FAILURE to PERFORM


If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

 

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer

KILL FEE


Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).

DIGITAL FILE QUALITY


 

The photographer is committed to providing high-quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

 

Photographer uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.

 

It is the Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

 

All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested. Some images may only be produced in colour or black and white at the artist's discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at £25 per image.

SESSION TERMS


 

Sessions will be conducted at a location agreed upon by the photographer. The photographer will not trespass or use any property/locations that are considered unlawful to do so. The photographer is bound by any rule's states for the property or location. If the Client wishes to shoot on private property, it is the Clients sole responsibility to get authorization from the owner of the property. The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.

 

No other photographers/videographers are allowed during the session unless agreed to in writing by Lucian Petrean Photography. The client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer. 

COVID 19 and UNFORSEEN WEATHER


In the event of isolation due to the pandemic covid 19, the booking details will be postponed until further notice and rearrange another day at the earliest convenience for both parties. The photographer has the right to choose the best suite for the booking. A deposit will be required and any sort of event of fully cancelling on the part of the client the deposit will be non-refundable. If in any circumstances of severe weather or any natural weather events the photographer is not dependable for any damage or loss to pictures or technical equipment as the result of that.

RETOUCHING and PHOTOSHOP


If any retouches to the portrait or to specific photography it is only done upon clients request with a specific brief on what to edit and how and will be charged a separate fee upon prior agreement.

ACCEPTANCE OF TERMS


 

The client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

 

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, which could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

 

This Agreement will be deemed to be a contract made under the law and legislation of Jersey Channel Island and for all purposes will be interpreted in its entirety in accordance with these laws. The client specifically and irrevocably confers personal authority over it by the courts of Jersey Channel Island. The client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of the Photographer.

 

If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

In addition to oral and written agreements, placing a deposit fee for a future session and/or use of any Image(s) by the Client will constitute acceptance of all the above terms and conditions.

 

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.