Terms and Definitions
“Photographs” includes pictures, images, transparency, negatives, digital scans, design, artwork, paintings, montage drawings, engraving or any other item which may be offered for the purposes of reproduction. “The Photographer” (otherwise known as Rudenko-Photography) is the author of the Photographs. “The Client is the party (person or organization) for which photography services are rendered. These terms and conditions represent the entirety of all agreements between Rudenko-Photography and the Client.
Retainer and Payment Terms
A retainer fee of €50,- (21% VAT included) is required for all photo sessions. No date is reserved until a retainer is received. There shall be no refund of the retainer after confirming the reservation date of the photo session. The balance of the complete package price must be paid before or on the day of the photo session. If final payment is not received, the Photographer will not be expected to attend the said photo session. Additional custom orders must be paid in full at the time of order.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result. Due to the limited and subjective nature of the photo session, the Photographer cannot be held responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer will do its best to fulfill all requests but can make no guarantees all Photographs will be delivered. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for Photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography session or for missed Photographs due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
Title (possession) of and copyright to all Photographs shall remain with the Photographer. The raw negatives and or digital Photographs created by the Photographer remain the property of the Photographer. For third parties, excluding the Client and the Photographer, it is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators will be subjected to civil and criminal penalties. The Photographer holds the permission to use any Photographs for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. Additional fee of €75,- applies for photoshoots on condition of complete confidentiality. The Photographer retains the copyright to all Photographs produced by the Photographer.
To safeguard the artistic value of the Photographs, the Photographer refrains from watermarking the Photographs. All postings of the Photographs on the internet and social media should, therefore, be acknowledged as Photographs by the Photographer, taking into account customary manners of tagging and proper appropriation of credits.
The Photographer shall be the exclusive photographer retained by the Client for the purpose of providing photography services. Family and friends of the clients and other photo session vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash Photographs at certain intervals of the photo session to ensure proper exposure of images.
Photographs are edited at the Photographer’s discretion, delivered results may not include all Photographs shot. The Photographer reserves the creative rights to edit and release only those Photographs deemed creditable as professional in quality and within the photographer’s artistic standards.
The Photographer will provide a pleasing color balance but cannot guarantee exact color matching due to different calibration of monitors/ mobile displays.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer. Travel fees are pre-determined and will be set out in the initial complete package price.
Event Food Service
A light meal is required for photo sessions up to 6 hours for the Photographer. For photo sessions up to and past 8 hours, a full course meal is required. If no meal is provided, it is understood that the Photographer will leave the photo session to purchase and consue a meal.
The Photographer cannot be held responsible for damage to Garments due to environmental events. The Client is responsible for arranging personal assistance for garments.
If the Photographer and the Client cannot perform the agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any funds paid by the Client, less retainer fee. The Photographer and the Client shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer.