Terms and Agreements
- Cancellation. If the Client shall cancel this Agreement ANNA KULESZA PHOTOGRAPHY is able to issue an invoice of CHF 100,- as CANCELLATION FEE.
- Photographic Materials. All photographic materials, including but not limited to digital negatives, transparencies, proofs, and previews, and digital files shall be the exclusive property of ANNA KULESZA PHOTOGRAPHY. ANNA KULESZA PHOTOGRAPHY may make the proofs available on a Web site or use the images in a portfolio or website for promotional purposes. The client will be given a dvd or pendrive of their edited images for which they will have printing rights for personal uses and purposes. These images are not to be altered or edited in any way by anyone other than ANNA KULESZA PHOTOGRAPHY.
- Copyright and Reproductions. ANNA KULESZA PHOTOGRAPHY shall own the copyright in all images created and shall have the exclusive right to make reproductions. If ANNA KULESZA PHOTOGRAPHY desires to make other uses, ANNA KULESZA PHOTOGRAPHY shall not do so without first obtaining the written permission of the Client.
- Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints. If Client is obtaining a digital file for reproduction, ANNA KULESZA PHOTOGRAPHY authorizes Client to reproduce the print only as set forth under Special Usage Requirements on the front of this form. In such event, Client shall request that a credit for ANNA KULESZA PHOTOGRAPHY be placed adjacent to the photograph on publication but shall have no liability if the publication refuses or omits to do so. The client may not scan, photograph, or duplicate prints in any way. Such duplication is an infringement on the copyrights belonging to Anna Kulesza Photography and will be prosecuted to the full extent of the law.
- Failure to Perform. If the ANNA KULESZA PHOTOGRAPHY cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the ANNA KULESZA PHOTOGRAPHY’s illness, then ANNA KULESZA PHOTOGRAPHY shall return any monies paid, excluding monies paid for any services already fulfilled, to the Client but shall have no further liability with respect to the Agreement. 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 ANNA KULESZA PHOTOGRAPHY. In the event ANNA KULESZA PHOTOGRAPHY 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.
- Inherent Qualities. The client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases ANNA KULESZA PHOTOGRAPHY from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Client is also aware that dvd’s and cd’s are also not a permanent storage for images and must be backed up and archived by the client. ANNA KULESZA PHOTOGRAPHY is not responsible for the loss of images or for maintaining backups of the client’s images once they have been delivered to the client.
- Photographer’s Standard Price List. The charges in this Agreement are based on the ANNA KULESZA PHOTOGRAPHY’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Additional fees may apply like family allowance or shipping fees.
- Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the Switzerland. The parties have read this Agreement, agree to all its terms. Both parties understand that this is a binding contract.
- Model Release: It is agreed that ANNA KULESZA PHOTOGRAPHY may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by ANNA KULESZA PHOTOGRAPHY.
- Ordering Session- All prints, digital files, and other products must be ordered in via shared password protected ordering system. The client is allowed to place an order for prints, digital files or other products for 30 days after gallery preparation.
The gallery may contain post-processed or raw images files.
- The base fee is non-refundable.
- Placing an Order – The Photographer requires payment in full from The Client on all orders placed. Orders will only be processed when payment has been made. Due to the custom nature of the products produced, orders cannot be canceled and all payments are non-refundable.
- All sales are final. Once print orders are placed and delivered they cannot be refunded. Returns are not accepted on prints or all other products including but not limited to photo prints, canvases, metal prints, books, standout prints, cards, and all other products. All products are non-refundable.
- Taking pictures in any form during the session is prohibited and in extreme cases photographer may finish the session.