Terms and Conditions
Isabel Schardt
Isabel Nao Photography
Freudenbergstrasse 86
8044 Zurich
Switzerland
www.isabelnao.com
hello@isabelnao.com
TERMS AND CONDITIONS
These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. DEFINITIONS
In the following terms & conditions “the Photographer” shall mean Isabel Schardt trading as Isabel Nao Photography. “The Clients” shall be those persons entering a contractual relationship with Isabel Schardt, in the form of a photography shooting, mentoring session or any other provided service. The “Event” shall be the shooting taking place, according to the contract separately signed by the Photographer and the Clients. The “Photographs” or “Photographic Materials” shall represent any form of photography being produced, whether digital files or printed form.
2. PHOTOGRAPHIC MATERIALS
The Photographer retains the right of discretion in selecting the Photographic Materials released to the Clients. All Photographic Materials, including but not limited to negatives, transparencies, proofs and previews, shall be the exclusive property of the Photographer. All Photographic Materials will be created in digital format. Digital photos will be delivered as high resolution JPEG files on a private online gallery available for download. The online gallery will be ready within 8 weeks after the Event. When the online gallery is delivered, it shall remain open for 180 days from delivery date. Request for additional Photographs or changes to images shall be made within 7 days following delivery of the online gallery. The Clients give permission and shall allow the Photographer to use any photograph of them or any picture created during the Event for viewing on their platforms such as their website, Instagram and Facebook accounts for promotional purposes.
3. COPYRIGHT
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio.
4. CLIENTS’ USAGE OF THE PHOTOGRAPHS
The Clients shall only use the Photographic Materials, including digital files and prints, in accordance with the permission within this agreement. Printing rights are granted. The Clients’ prints are for personal use only and shall not be submitted into contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. It is understood that any duplication or alteration of original images, including appliance of filters on Instagram or any retouching program, is strictly prohibited without the written permission of the Photographer.
Should the Clients wish to publish the photos on any social media platform such as Facebook or Instagram, a website or a printed document, the Clients shall not do so without clearly mentioning the copyright in the form of the Photographers’ name and website (Isabel Nao, isabelnao.com).
5. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the Photographer although every effort will be made to comply with the Clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested Photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.
iii. For a booking involving a church ceremony or certain venues, the Photographer's movements are sometimes restricted by the official in charge. The area from which the Photographer is able to cover the ceremony may not be the photographer's choice and the Photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for Photographs that are not produced due to technical failure.
6. PAYMENT & RETAINER
i. Payment
The Clients agree to pay the total sum agreed upon in their contract. The total of the payment is due at least 60 days prior to the Event. If the Event is scheduled to happen within a period of time that is inferior to 60 days, the amount for the Event is to be paid in full directly upon signature of the contract.
ii. Retainer
The Clients shall make a non-refundable retainer of 50% of the total sum to the Photographer to perform the services specified herein. Upon Clients’ signature and payment, the Photographer will reserve the time and date agreed upon by both Parties exclusively for the Clients and will not make other reservations for that time and date. No date is reserved until the retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The payment of this retainer is due at the time when the contract is signed.
iii. Late Payments Policy
If the Photographer is unable to collection the required payments for any reasons, the following will apply:
The first 15 days: all efforts towards the successful completion of the Event will cease
After 15 days: All reservations and service bookings made on behalf of the Clients will be cancelled and all expenses incurred for the cancellations will be due by the Clients.
After 20 days: the Event booking will be officially cancelled, meaning that both Parties will be released from their obligations, but the retainer shall be forfeited
7. PERSONAL ACCIDENT & GARMENTS
i. Any directions issued to Clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
ii. The Clients are responsible for their garments and belongings at all times during the time of the Event. The Photographer cannot be held responsible for any damage to garments or loss of personal belongings due to environmental events or due to the Clients’ lack of attention or negligence.
8. CANCELLATION
i. General cancellation conditions
There shall be no refund of retainer after the signing of the contracts and the reservation of the Event date. If the Clients request to amend or cancel this agreement, the cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation. If the Clients request to cancel this Agreement for reasons that are reasonably within their control, the following fees are applicable:
Up to 180 days before the Event: 400 CHF
Up to 120 days prior to the Event: 50% of the total payment
Up to 90 days prior to the Event: 70% of the total payment
Up to 60 days prior to the Event: 100% of the total payment
If the Clients fail to show, all payments made to the Photographer shall be forfeited. The Clients understand and agree that the Photographer will not book other Events during this time. In the event that the Clients cancel the Event or fail to attend the Event, for any reason, the Photographer shall suffer losses that are difficult to ascertain.
ii. Emergency cancelling and acts of God
The Photographer is not responsible for any events preventing the Event to happen, such as fire, flood, earthquake or any other natural or human acts. In the event that any of the Parties must request to cancel the Event due to an emergency situation such as severe illness, accident, personal loss or any event outside of their control including but not limited to acts of God, war, extreme weather conditions, etc., the Clients will be refunded as deemed appropriate in regards to the payments that have been made up to the point of cancellation, in regards to the possible costs imposed by third parties such as partner vendors and in regards to the Photographer’s work investment up to that point. The retainer remains non-refundable in the event of an emergency cancelling, including but not limited to severe illness, accident, personal loss, acts of God, war, extreme weather conditions, etc.
9. RESCHEDULING
i. Rescheduling Conditions
Any act of rescheduling has to happen within both Parties’ availabilities and has to be confirmed in written form, even if a phone call was made to notify the other Party. Both the Clients and the Photographer agree to make every effort to find a new date for the Event that is convenient for all Parties. Reschedule must be within same calendar year.
The Clients agree that in the event of a date change any expenses including but not limited to deposits and fees that are non-refundable and non-transferable are the sole responsibility of the Clients. There may also be additional charges above and beyond those set in the original contract. The Clients further understand that last minute changes can impact the quality of the Event and that the Photographer is not responsible for these compromises in quality. If the Clients change the date/location of the Event and the Photographer is unavailable to provide services, then the Photographer is released from all contract obligations and shall in no way be held responsible or liable for non-performance, and there shall be no refund of the retainer. The Clients also forfeit all costs for non-compliance with this agreement.
ii. Retainer
In the event that the Clients request to reschedule the Event under circumstances reasonably within their control, the retainer shall be applied to the rescheduled Event if notice is given at least 90 days prior to scheduled Event. A new retainer will be applied if date change is made within 90 days leading to the originally agreed upon Event date.
iii. Rescheduling Fee
Should the Event be rescheduled with a notice given 30 days prior or less, an addition 400 CHF rescheduling fee in charge of the Clients applies and is to be paid as soon as the new date is confirmed. In the event that the Clients must request to reschedule the Event under circumstances reasonably beyond their control such as acts of God, severe illness or injury, personal loss or an airline company cancelling flights, the Photographer renounces to claim any rescheduling fee.
iv. Rescheduling initiated by the Photographer
In the event that the Photographer must request to reschedule the Event under circumstances reasonably beyond their control such as acts of God, severe illness or injury and personal loss, notice will be given as soon as possible and confirmed in written form. The retainer and all payments made up to that point shall be applied to the rescheduled Event and no rescheduling fees will be applicable to any of the Parties.
10. IDEMNIFICATION
The Clients agree to defend, indemnify, assume liability for and hold the Photographer harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the performance of this contract, regardless of the basis, unless caused by gross negligence on the part of the Photographer.
11. 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.
12. APPLICABLE LAW
This Agreement is governed by the laws of Switzerland. In the event of dispute with regard to any element of this Agreement, the place of jurisdiction is Zurich.