SERVICE TERMS & CONDITIONS
1. Payment and Booking
100% of the fee is due before the session begins. Provision of service and delivery of material ordered will always commence only after full payment has been received.
2. Cancellations and Rescheduling
2.1) No refunds will be made if the client cancels the session for whatever reasons with less than 72 hours’ notice.
2.2) A request to reschedule must be made no later than 72 hours prior to the session. Rescheduled sessions are subject to the photographer's discretion and availability and will incur a SGD$150 surcharge.
3. Session
3.1) No cameras (still, video, or phone) or any other recording devices are permitted during the session.
3.2) All individuals attending the session must be appropriately dressed and groomed at the designated start time.
3.3) The Client is responsible for their own safety, the safety of those who accompany them, and the safety of each minor child accompanying them. The Client agrees to retain custody and control of each child at all times during the session to avoid injury.
3.4) The photographer and his associates shall not be liable for the loss, damage or theft of any of the client’s property during the session. The client is to be responsible at all times for the proper usage and safekeeping of their property.
4. INTELLECTUAL PROPERTY RIGHTS
4.1) All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the photographer.
4.2) The photographer shall make proofs and previews available to the client for the purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within 14 days of receipt by the client, shall be charged to the Client at the same rate as finished prints of the same size.
4.3) The photographer may, in his discretion, make the proofs available on a website. Where the photographer makes the proofs available on a website, clause 8 shall apply.
4.4) The photographer shall own the copyright in all images created in accordance with the Contributor’s Release Form. The photographer may also make reproductions for the client or for the photographer's portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the photographer's studio.
5. Client's Usage
5.1) The client shall only use the images (prints and/or digital files) in accordance with the permissions within the terms and conditions provided in this clause 5.
5.2) The client's images are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the photographer.
5.3) The client may not alter or edit image in anyway without written permission from the photographer. If the photographer provides a digital file release, the client must act in accordance with the release.
6. Liability
6.1) The client shall be responsible for any damage or loss occurring to any of the photographer's equipment or property, personal or rented, during or as a result of the event or the actions of any session attendees, or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from the photographer's negligence.
6.2) The client agrees to fully indemnify and hold the photographer harmless for any injuries or damages resulting during the shoot.
7. CREATIVE LICENSE
7.1) While the photographer strives to provide the clients with the utmost in photography services, he reserves the right to exercise full artistic control over the nature, number and types of pictures he photographs.
7.2) The photographer also retains the right of discretion in selecting the photographic materials released to the client as well as the way that they may be edited (cropping, retouching, processing treatment, etc.) in postproduction.
8. ORDER AND DELIVERY
8.1) Proofs of the photographs will be made available to clients through a password protected online proofing gallery in no less than seven working days after the session. Thereafter, clients will have 14 days to place their orders for prints using a shopping cart facility found within the proofing gallery.
8.2) Upon expiration of the gallery, clients can opt to pay SGD$50.00 to extend the viewing time for another 14 days.
8.3) Orders generally take up to two weeks (although there will be no guarantees made in this regard) from the time of order to be processed and delivered to client.
8.4) Depending on paper choice and print size, colour and crop of an image may differ from what it may have looked like on the online proofing gallery.
8.5) Once clients have submitted the shopping cart, all sales are final and no changes to the orders are allowed.
9. FAILURE TO PERFORM
9.1) If the photographer cannot perform the services due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, then the photographer shall return the amounts paid by the client and shall have no further liability with respect to the service.
9.2) Subject to the client’s consent, the photographer may substitute another photographer to take the photographs in the event of the photographer’s illness or schedule conflict. In the event of such substitution, the photographer warrants that the substitute photographer is a competent professional. Where the client does not consent, then the photographer shall return the amounts paid by the client and shall have no further liability with respect to the service.
9.3) This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer.
9.4) In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client's order.
9.5) While every attempt is made to create images to the client’s satisfaction, the photographer does not guarantee satisfaction in any of the images.
9.6) The client further agrees not to take any legal or other action against the photographer and this clause 9 shall operate as a full and final release in any such action.
10. MISCELLANEOUS
10.1) The terms and conditions of the services incorporates the entire understanding of the parties.
10.2) Any modification to the terms and conditions of the services must be in writing and signed by both parties.
10.3) This document is governed by Singapore law.
10.4) The parties irrevocably agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this document or its subject matter or formation (including non-contractual disputes or claims).
10.5) This letter is for the benefit of the parties to it and is not intended to benefit, or be enforceable by, anyone else.