TERMS AND CONDITIONS

By browsing and using this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Photogenic Production’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website or any services offered by photogenicfilms.com

GLOSSARY OF TERMS

Photogenic Production represented through its Director/Authorized Signatory, which expression shall unless repugnant to the context or meaning thereof, mean and include its executor(s), administrator(s) and permitted assign(s) shall hereinafter collectively be referred to as “T(t)he COMPANY”.

The user/individual/firm/institution/corporate using the website or availing the services of the COMPANY, which expression shall unless the context otherwise requires include all the Owners and their respective successor(s), legal representative(s), permitted assign(s), executor(s), administrator(s) and legal heir(s) shall hereinafter collectively be referred to as “T(t)he CLIENT”.

The COMPANY and the CLIENT are individually referred to as “Party” and collectively as the “Parties”.

The COMPANY is engaged in the business of professional photography for various events like wedding, anniversary, birthday party, corporate functions and like.

The COMPANY is ready to tender its professional services to the CLIENT in consideration of the foregoing promises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree with the following terms and conditions.

GENERAL CONDITIONS

The content of the pages of this website is for your general information and use only. Information in the Site, including these Terms, is subject to change without notice. Please review these terms regularly to ensure you are aware of any changes made the COMPANY. Your continued use of the site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Neither the COMPANY nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and the COMPANY expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

This website contains material which is owned by or licensed to us unless otherwise credited. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Every effort is made to keep the website up and running smoothly. However, the COMPANY takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence and shall be punishable by law.

This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that the COMPANY endorses the website(s). The COMPANY holds no responsibility for the content of the linked website(s).

The COMPANY makes no representations that the Content in this Site is appropriate or available for use in all countries. Those who do access this Site are solely responsible for compliance with local laws of the country in which the content is accessed.

You may not assign, sub-license or otherwise transfer any of your rights under these terms.

If any portion of these Terms is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of India.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any services provided by the COMPANY.

COPYRIGHTS/MODEL RELEASE

The photographs produced by the COMPANY are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. The COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT is obtaining digital images photographs in pen drive or DVD, for personal use only.

The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included or any photographs taken during the duration of the event the COMPANY is hired for, for the COMPANY’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, advertising or for display within or on the outside of the COMPANY’s studio in any manner and medium; to alter the same without restriction; and to copyright the same without restriction.

It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without the COMPANY’s permission, and violators will be subject to its civil and criminal penalties.

CONSIDERATION

The CLIENT agrees to pay the fee of INR _______ /- plus travel to location, local travel along with food and lodging (“Total Consideration”) for photography services, set forth in paragraph 1 herein, including usage rights granted herein.

PAYMENT TERMS

The COMPANY and the CLIENT agree that the “Total Consideration” shall be paid in following manner:

50% + Travel/Lodging Costs on the date of booking,

40% on the date of the assignment, and

The remaining 10% before final delivery.

It is clarified between the COMPANY and the CLIENT that the dates and availability will be deemed to be confirmed once the CLIENT makes the payment of 50% of the total consideration plus travel/lodging Costs to the COMPANY. Payment of Total Consideration can be made through cash, personal cheques or bank transfers.

HOURS OF SHOOT AND OVERTIME

The standard working hours shall not exceed 10-12 hours on a full day such as wedding and 4-6 hours on other additional days. In the event the above limit is exceeded, the CLIENT is liable to pay overtime charged @ INR 7,500/photographer/hour to the COMPANY.

DELIVERY TIMELINES

Processed digital photos as per clause 5 of these terms and conditions shall be delivered at the address of CLIENT mentioned hereinabove within 45-60 days from date of completion of the photo-shoot as envisaged under clause 2(b) of these terms and conditions.

CANCELLATION POLICY

If the CLIENT cancels this contract before the shoot takes place, following charges shall apply –

Sixty (60) or more calendar days before the event date, the cancellation fee shall be charged @ 20% of the “Total Consideration” as agreed between the CLIENT and the COMPANY under clause(4) in these terms and conditions.

Within sixty (60) days of the event date, the cancellation fee shall be charged @ 30% of the “Total Consideration” as agreed between the CLIENT and the COMPANY under clause(4) in these terms and conditions.

Within thirty (30) days of the event date, the CLIENT agrees that all fees already paid to the COMPANY will be forfeited.

Termination by the CLIENT shall be in writing and sent by registered mail or email to the COMPANY.

LIMIT OF LIABILITY

The COMPANY and any of his agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to accident, loss of materials, acts of god, equipment or other failures. The COMPANY is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the COMPANY. The CLIENT understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence).

WARRANTY AND INDEMNITY

The COMPANY warrants and represents that they are the sole creator of the Images and owns all rights granted under these terms and conditions, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the Images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons. The CLIENT agrees to indemnify and hold harmless the COMPANY against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty.

PHOTOGRAPHY PERMITS

The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the venue officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only. The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services. The COMPANY will abide by the rules of the church/synagogue/temple or any other venue in regards to camera placement at the ceremony.

EXCLUSIVE PHOTOGRAPHER

It is understood that no other photographer/videographer, either amateur or professional, shall be allowed to document the wedding in a way that interferes with the working of the COMPANY. Guests, family and friends of the CLIENT shall be permitted to photograph as long as they do not interfere with the COMPANY’s duties. If there are any other photography teams hired to shoot the same event, the COMPANY should be informed about the same well in advance. Failure to do so will be in breach of these terms and conditions and will constitute a reason for non-completion with no liability to the COMPANY and the loss of any monies paid by the CLIENT.

RESPONSIBILITIES

The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the event. The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the event.

FINAL PRODUCT

It is also understood that the CLIENT is hiring the COMPANY for their technical and artistic expertise and, therefore, the COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. No part of any order, including previews, will be delivered until the balance is paid in full. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.

DEFAULTS

The occurrence of any of the following shall constitute a material default under these terms and conditions:

1. The failure to make a required payment when due,

2. The insolvency or bankruptcy of either party.

COMPANY SUBSTITUTION

In case of grave illness, hospitalization, debilitating injury, natural calamity, train flight cancellations or any such circumstances befalling the documenting team that jeopardizes their ability to attend your function, COMPANY shall strive to arrange for another COMPANY of comparable repute to document your function. In case of disagreement by the CLIENT, the liability is only limited to the FULL REFUND of the amount paid by the CLIENT.

COURTESY/SAFETY

The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT. It is imperative that the CLIENT extends positive cooperation and ensure respectable behavior with all the members of the team. The COMPANY reserves to right to terminate coverage and leave the location of the event if the team/team member from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event; or in the event that the safety of the team/team member from the COMPANY is in question.

EVENT SCHEDULE/COORDINATION

The CLIENT shall intimate name of two persons well aware of all functions that are to take place during the event so that they can inform the COMPANY when the next major event is about to take place. The CLIENT also agrees to confirm the schedule one-week prior to the event. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the

CLIENT DISPUTE RESOLUTION

Any dispute, difference, controversy or claim (“Dispute”) arising between the Parties out of or in relation to or in connection with these terms and conditions, of the breach, termination, effect, validity, interpretation or application of these terms and conditions or as to their rights, duties or liabilities thereunder, shall be settled by the Parties by mutual negotiations and agreement. If, for any reason, such dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment thereto (“Arbitration Act”). A sole arbitrator shall be appointed by the COMPANY. The decision of the arbitrator shall be final and binding upon the Parties. The venue of arbitration proceedings shall be at Jaipur, Rajasthan, India. The language of the arbitration and the award shall be English. The cost of arbitration shall be equally borne by the Parties.

The terms and conditions shall be subject to jurisdiction of the courts at Jaipur, Rajasthan, India.