STUDIO 31 – TERMS AND CONDITIONS
“Studio 31 by Pranesh Photography, a brand of Evolvonomics Communications Pvt Ltd” (the photography company) (second party) (photographer) agrees to provide photography services for the client (first party) for an event(s), according to the job description and specifications provided by the Client (first party), upon the condition that the Client agrees to all the terms and conditions set forth below, including the release of claims, and evidences that agreement.
As part of the company policy, it is mandatory for the client to read through the enlisted terms and conditions, and the client is also requested to register the same with either a digital or physical signature before the event for an acceptance. It’s legally considered that the client reads the terms and conditions and accepts the same through his/her signature that has been made. It’s strongly suggested that the client reads the terms well in advance for a smooth relationship. In cases where the client fails to sign either physically or digitally on the terms and conditions before the event, the second party will automatically consider that the first party is willingly agreeing to all the enlisted terms and conditions. A physical copy of the terms and conditions will be sent via a registered post / courier to all clients for their reference and approval. As and when the terms and conditions are revised, a fresh copy will be resent and the previous terms will be deemed invalid.
Please read the following sections carefully. This is a legally valid and binding obligation to release company/photographer from all known and unknown obligations and to indemnify company/photographer against it based on your use of the services provided by the photographer.
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and the Client. By engaging the Photographer for any Service the Client is deemed to have agreed to all the Terms and Conditions specified hereunder without exception. The Photographer reserves the right to amend these Terms and Conditions without prior notice to the Client.
NATURE AND SCOPE OF THE SERVICES PROVIDED:
The Client shall provide an accurate, detailed and comprehensive brief about the nature and scope of the services required from the Photographer, either directly or through an authorized agent. In the absence of any detail or any specification from the brief provided to the Photographer, the photographer reserves the right to determine and interpret the information given by the client as to the services at his own discretion. It is thus recommended that the Client ensures that there is an authorized representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Client’s brief.
The Client hereby agrees to remit to the Photographer monetary consideration for the performance of the services (the “Fees”) in the following manner:
a) 60% of said fee shall be paid, as advance to the Second Party. The Client understands that only if the payment is made well in advance, within time limit prescribed by the Photographer, shall the Photographer block the calendar dates solely for rendering the Client’s services. In other words, a 60% advance has to be paid for the crew to arrive and shoot the event.
b) 40% of said fee shall be paid within 24 hours of the conclusion of the event. Only after the payment done, the post production (Photo processing, Album Designing, Video Editing & Printing) work would start. A penalty of 18% per month + ST will be calculated for late payments.
Payment shall be made as per the process enumerated hereunder:
a) Online Transfer to
Evolvonomics Communications Pvt Ltd
IFSC code: HDFC0000574
b) Cheque Favoring “Evolvonomics Communications Pvt Ltd”
All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. Any change or additional services requested by the Client shall entail additional charges. The Photographer reserves the right to determine the extra charges applicable for the services requested by the Client.
Fees and other charges described herein do not include federal, state or local sales, use, property, excise, service, or similar taxes (“Taxes”) now or hereafter levied, all of which shall be to Client’s account. Particularly, Service Tax shall be payable on the services shall be paid to the Photographer by the Client, in addition to the charges aforementioned. If the Photographer is under any circumstances required to pay such Taxes, the Client shall reimburse the Photographer for such amounts, at actuals. The Client hereby agrees to indemnify the Photographer for any Taxes and related costs, interest and penalties paid or payable by the Photographer.
TRAVEL AND ACCOMMODATION COSTS:
For all shoots outside Chennai city limit, travel and accommodation costs on actuals will be borne by the client. The same will have to be done when the second 40% payment is being made. The second party would be preferring to travel via A/C Sleeper Bus to locations outside Chennai, however they are subject to availability. If it’s not available, the crew would travel by a car by default.
Air Conditioned private accommodation has to be provided by the client for all the crew members by default if the events are starting before 7am in the morning and after 10pm in the night, nevertheless the location/city of the event. The accommodation should be accessible for the crew throughout the shoot for them to copy files and manage equipments safely.
SPECIFICATIONS AND DETAILS:
The Photographer endeavors to ensure that all specifications as to the images and videos, including without limitation color and size of images provided by the Photographer are correct and accurate. However, the Client acknowledges, agrees and understands that these specifications are approximate in nature and are subject to variation.
The Client agrees that the photographer will try and deliver the best possible output matching those photographs/videos on the Photographer’s website and blog or Facebook Page, and that the Photographer will have complete creative control during the photography and in post-processing the images/videos.
The Client also agrees that, the photographer’s work cannot be exactly the same as it is on the Photographer’s website and blog or Facebook Page as every wedding venue, lighting, decoration, ambience, client’s cooperation, audience cooperation, situations, attire color and the overall atmosphere plays an important role for the photographer to click the best pictures.
The Client agrees that the Photographer can only capture the wedding that happens; weather conditions, location / venue , decoration, lighting, obtrusive guests, other videographer/photographer’s light setup (if any), schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality and quantity of the photographs/videos.
The Photographer or the post production team will not edit any physical size, hair, nor any other physical appearance issue other than minor skin blemishes. We will not be doing any retouching work on any of the images.
The Client agrees that it may not be possible for the Photographer to be at every place in a wedding and that there may be certain moments that are not photographed and videographed although full efforts will be made not to miss anything.
The Photographer shall capture candid images during the events. The Photographer shall make reasonable efforts to capture requested images, but is unable to promise/guarantee specific photographs/videos.
The client agrees to a pre-event consultation before the wedding date in order to discuss and finalise the requirements and understand expectations of the client.
EVENT DETAILS FORM:
The client agrees to provide the exact event details with maximum information as per the photographer’s requests 40 days in advance of the event date.
The client agrees that the photographer requires at least 40 days to plan and schedule the shoot which also includes, assigning a proper team for the shoot.
The client agrees that if there is a delay in providing the details as per the photographer’s request, the photographer cannot guarantee the best of services to the client.
THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. The photographer is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to The Photographer. The Photographer recommends that THE CLIENT designate an “event guide” (see above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
Although every possible care will be taken to produce photographs of all important and special events during the wedding, The Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of The Photographer control.
60 MINUTE WINDOW FOR PHOTOGRAPHY/VIDEO:
The bride and/or groom agree to set aside a suitable amount of time for photography before the commencement of the wedding ceremony and afterward for photographs that cannot be obtained during the ceremony or reception. Following the ceremony, time should be allowed for any photographs including group photographs if desired. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents suitable time from occurring, The Photographer shall not be held liable for failure to take desired photographs. A total of 60 minutes should be allowed, this can be flexible and dependant on suitable weather conditions can be taken in short sessions throughout the day at times agreeable to THE CLIENT
REFUNDS /NO REFUNDS POLICY:
No claims for refund shall be entertained under any circumstances, irrespective of the grounds on which the refund is claimed, once the payment has been made to the Photographer. This applies to situations like client cancelling the wedding event and not rescheduling the same to another date.
Also, the client has the option to book another event with the same advance paid, provided the photographer has the dates available.
However, If the PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the photographer’s control or expectation, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return the full payments made by CLIENT to in relation to their SHOOT within 60 working days.
COPYRIGHT AND OTHER PROPRIETARY RIGHTS:
The copyright in the images, videos or any other proprietary rights in any material which forms a part of the deliverables given to the Client shall stand vested in the Client on the full payment being made by the Client to the Photographer. The proprietary rights in any other intellectual property that is produced during the course of the engagement of the Photographer with the Client as a result of such engagement shall vest solely with the Photographer.
Notwithstanding anything contained in the above paragraph, the photographer reserves the right to use any such image, video or other material for the purpose of marketing, promoting and endorsing the Photographer’s services.
The photographer reserves the right to retain the deliverables, and to revoke any license related to the use of the deliverables till the full payment has been made to the Photographer under the terms specified herein.
SOCIAL MEDIA AND ONLINE PRIVACY/SECURITY
Studio 31 by Pranesh Photography has more than 1.7 lakh followers in the Social Media and has a good amount of traffic in the website as well. It’s a public domain and anyone having access to the internet will have access to any of our social media pages and websites.
All the pictures/videos that we post online will retain our watermark. However, Studio 31 by Pranesh Photography or Evolvonomics Communications Pvt Ltd as a company, or the second party or any of its Owners, Employees, Top Management, Vendors and Associates will not be responsible for any external or third party or public misusing the clients pictures or videos. While we will take legal action on the same once we get a report, we will not claim responsibility for the same.
ALBUM, VIDEOS & TIMELINES FOR DELIVERY:
The number of pictures for the album is restricted to ensure the quality and life of the same. We have an industry average that goes into account; on an average the albums (one for day 1, one for day 2 or if you club everything in one album) both inclusive, would contain between 350-400 pictures; if the number of pictures exceed by +5% over the average, we will not charge you extra. If it goes beyond the average, there will be extra costs involved on actuals.
If the 40% payment (or full 100%) + travel and accommodation costs (if any) + add-on costs (of any) is paid by the client within 24 hours of conclusion of event,
Working Days (Monday to Friday)
The color corrected pictures shall be made available to the client through a link sent to the email provided by the client for the same within 15 working days (3 weeks). However, a deadline will be given to the client via email depending on second payment date or full payment date.
The Client is required to select pictures for the album in the given format, within 15 days (3 weeks) of the link being made available to the client. However, a deadline will be given to the client via email depending on second payment date or full payment date. When doing the same, the client also has to select the album style (western or traditional) ; change in album style after the first draft is designed or in between the process, will incur additional cost.
After the Client has made the selection, communicated it to the post production team via e-mail, & after the team has approved the same, the physical component shall be designed and a first draft shared with the Client within 20 working days (4 weeks) of such communication being received by the post production team. However, a deadline will be given to the client via email depending on second payment date or full payment date and depending on the date when the client sends the final selection list.
If the Client fails to communicate such a fore mentioned requirements within the stipulated period, the project shall be categorized as low priority and other projects shall have precedence over it. The client will be emailed a pre-set deadline by the team based on the workload depending on second payment date or full payment date or selection date.
The videos will reach the client within 30 working days (7 weeks) from the conclusion of event. However, a deadline will be given to the client via email, depending on second payment date or full payment date or song selection date.
Video corrections, if any will be processed and delivered within 10 working days (2 weeks), after the changes are requested, depending on the depth of corrections and the work load. It’s not guaranteed that all the corrections can be made. The editor will analyse the requirements and deliver the best possible output.
The video highlights will be processed after the main video is completed and will take an additional 10 working days (2 weeks) after the main video is processed.
Candid Video/Cinematography if applicable or booked additionally will be processed and delivered within 30 working days (7 weeks) from the conclusion of event. However, a deadline will be given to the client via email, depending on second payment date or full payment date or song selection date.
The quotation that is sent and which the client approved, is valid only for 90 working days from the day of event completion. If there is a delay from the client (first party) side for getting the deliverables from the second party (photographer ) and if the same exceeds 90 days from the day of event completion, the second party ; The Photographer reserves the right to determine the extra charges applicable for the services and deliverables on actuals.
If there is any delay from the second party (photographer) for delivering the deliverables within 90 working days of the event completion to the first party (client) and if the mistakes/errors are on the second party(photographer) and not on the first party (client), the senior management will take appropriate action and compensate the client accordingly. The compensation necessarily might not be monetary as well. The senior management’s decision will be final.
NUMBER OF ITERATIONS/MODIFICATIONS:
a) The client will have to select the desired pictures for the album only once and those images would be treated as final for the same. If the client prefers to modify the selected pictures by adding or removing pictures after the first draft of the album is designed, the iteration will be chargeable at INR 10000/- + taxes per new selection of pictures. The same applies to the album style as well.
The client will have to select the album style when the desired pictures are selected. There are two kinds of album styles ; Western and Indian. Studio 31’s representatives will be showing samples of the same and the client will have to finalise the style.
If the client prefers to change the style after the work is started or after the album draft is ready, there will be an additional costing of INR 15000/- + taxes for the same.
b) The client is allowed to make one iteration on the first draft of the deliverables consisting of photographs, for the album delivered to the client. Any further iteration shall be chargeable at the rate of Rs. 15000/- + taxes per iteration.
c) In the case of the first draft of the videos, the music & background score will have to be mentioned by the client well in advance, the number of free iterations that can be made by the client is limited to one. Any further iteration shall be chargeable at the rate of Rs. 10000/- + taxes per iteration.
TRADITIONAL WEDDING HIGHLIGHTS:
The traditional wedding highlights/teaser will be done with the traditional video that is taken during the event and will be done for the Muhurtham/Wedding only. The length of the video will be between 2 and 5 minutes depending on the footage. It the same is required for the engagement, reception and other events, extra charges will apply.
The traditional wedding highlights/teaser is only a mini version of the traditional or conventional video and the output will not be equal to a wedding cinema or candid wedding video. The purpose or idea of the traditional wedding highlights/teaser is to provide and glimpse of the event only. The scope for creativity in the same is very minimal and the editor will try to deliver the best output possible.
If the client requires a creative output, it is suggested that the client books the candid video/cinematography as an add-on service.
COMPLIMENTARY COUPLE SHOOT:
The complementary couple shoot (if any or if it was mentioned in the quote) will be of 1-hour duration and the same will be within Chennai city limits and only during Monday to Saturday. The same will not be applicable when there is a government holiday as well. In case if the client needs the same to be in a resort, or any other place that involves photography charges, the client will have to bare the costing. Its to be noted that a minimum of 1o days notice has to be given for availing the shoot and its subject to photographer availability. Incase of after wedding shoots, if the client requires few pictures to be added in the album, the same has to be given within 2 days of receiving the pictures link.
CODE OF CONDUCT:
During the course of the Photographer’s assignment, the client or any person associated with the client shall not behave in a manner that hinders or deters the performance of the services by the Photographer. In case the photographer feels that he is in any manner restricted from performing his duties to the fullest extent due to the actions of the client, or any person associated with the client, the Photographer reserves the right to unilaterally cancel the assignment. No claims of refund shall be entertained in the event of such cancellation.
The Photographer will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.
The Price list, Brochures or any other promotional material that indicates the price for the services provided by the Photographer are merely illustrative in nature. The prices contained there in are subject to change without prior notice being given to the Client.
The Standard Service provided by Studio 31 by Pranesh Photography does not guarantee that a particular photographer shall be allotted the assignment of a Client. The assignment may be given to any member and associate of Studio 31 by Pranesh Photography, who will be accompanied by the Studio 31 by Pranesh Photography crew members. In case a request is made for a specific Photographer, additional charges may apply.
The standard service provided by the Photographer is not inclusive of a rush service. A rush service may be provided on request, subject to availability, and additional charges as determined by the Photographer shall apply in such a case.
FORCE MAJEURE EVENT:
CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.
The Photographer (second party) shall not be liable for any claim arising out of an assignment if an event, force majeure, occurs, making impossible or delaying the delivery of the goods or services and putting the same out of the scope of our reasonable control; such events may include but not be limited to power failure and power fluctuation, internet service provider failure, industrial action, civil unrest, fire, explosion, floods, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or any other natural disaster or any other event that is beyond control of the Parties.
DISCLAIMERS : LOSS OF DATA :
While we will try our best to provide you with the best possible photographs and videos, you understand that there certain events beyond our control may occur, such as, but not limited to, technical fault or equipment malfunction that could lead to loss of data that may result in loss of photographs or video footage.
We take all precautions to prevent this from happening and we also back-up and store data. Additionally, we also maintain our equipment by using the best practices in our field, to prevent any malfunction. If such an event were to occur, we will try our best to retrieve as much data as possible. However, you understand that, despite our best efforts, there may be instances where, some data may be lost and cannot be retrieved.
If such an unfortunate event were to occur, you understand and agree that we are not responsible for such loss and shall not be liable in any manner for any damage or loss suffered as a result of occurrences beyond our control.
Studio 31 by Pranesh Photography or Evolvonomics Communications Pvt Ltd as a company, or the second party or any of its owners, employees, top management, vendors and associates will not be responsible for the same.
It is recommended that the client copies the entire original files (photos, videos) in a hard disk drive immediately after paying the second payment (40%) from the corporate office considering factors like data safety and redundancy. Original Photos and Videos will be deleted from the server after 60 days without notice. The same will be copied to a exclusive hard drive and the client will have to collect the hard drive by paying INR 5000/-
The Client agrees to indemnify and hold harmless Studio 31 by Pranesh Photography by Pranesh Photography and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney’s fees) arising from, related to, or in any way connected with, or resulting from the assignment that the Photographer is engaged for, including any such claims which allege negligent acts or omissions on the part of “Studio 31 by Pranesh Photography”.
GENERAL RELEASE AND WAIVER OF CLAIMS
The Client hereby remise, release and forever discharge Photographer, his Agents, Owner’s, Servants, Successors, Heirs, Executors, Administrators, or personal representatives of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or in equity, which the Client ever had, now has, or which the Client’s heirs, executors, administrators, or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause or thing, whatsoever arising out of this Agreement; or in any way arising out of the relationship arising out of the Client and the Photographer.
A single session/section in media terms is for 4-5 hours.
The standard quote provided by us for a normal Hindu wedding and reception is for two sessions, one for the wedding and one for the reception.
In case of a Christian wedding, it’s half a session for the wedding and one session for the reception.
In case of a Tamil Brahmin wedding, it’s three sessions, one for the wedding, one for the reception and one for other customs like viradham, engagement etc. In a Brahmin wedding, candid photography/cinematography is applicable only for the wedding and reception in our standard quotes. If it’s required for all the events, it would cost extra
For events exceeding the said timelines, extra cost is applicable. The rate would be decided based on number of hours/minutes.
Add-on’s if any should be communicated at least 30 days before the event and is subject to availability. Requests made beyond the said time will not be processed.
COMPARISON BETWEEN CANDID (PHOTO REALISTIC / CREATIVE) AND TRADITIONAL (CONVENTIONAL / NORMAL) PHOTOS AND VIDEOS
The most common styles of wedding photography are traditional and photojournalistic/candid/creative. While similar equipment is used in both, it is the technique and approach that set them apart.
The following is intended to help you understand the differences between styles.
Traditional style of Wedding Photography was given many names including: traditional, classic, posed and so on. Whatever name you use, it doesn’t set the style.
Traditional photographers concentrate most of their efforts into posed portraits, and rarely capture candid moments. This style is sometimes viewed as disconnected, old fashion, and can add stress by needing time to setup every shot. The final result is usually an album full of posed portraits, that often look more like a photo shoot than a wedding day.
The Photojournalistic/Candid/Creative Style of Wedding Photography has also been called many names including: modern, documentary, artistic, fine art and so on. While similarities exist between traditional and photojournalistic approaches, the main expectations of each style are very different; Traditional style is being portrait oriented, and Photojournalism is being candid oriented.
Photojournalistic/Candid pictures will add a unique charm based on visual perception, so the results are emotional and artistic photos showing the essence of the wedding day.
There are no strict rules for photojournalism/candid/creative pictures, angles, framing, lights, it is all about the artist vision and ability to properly document the day. And so when wedding photojournalism is reviewed – the only thing that matters is the client!
WHY IS THERE A CONSIDERABLE AMOUNT OF DIFFERENCE BETWEEN CANDID AND TRADITIONAL PICTURES? WHY DO THE CANDID PICTURES STAND OUT MORE?
As mentioned above, Photojournalistic/Candid pictures will definitely be far better than traditional pictures as in candid pictures, most of the times the pictures are natural and available light is being used. In traditional pictures, we use an artificial source of light and the entire frame is pre planned and the clients pose. The element of surprise and natural expressions will not be present.