When you book a session, you agree to these Terms of Service by paying your booking fee. Any commercial work agreed between the photographer and another provider remains subject to these Terms of Service.

DEFINITIONS:

This Agreement is entered into between Ruxi.photo (“Photographer”) and you (“Client”), including the Client’s principals, employees, partners, and agents. The Client agrees that they have the legal authority to enter into this Agreement on behalf of their employer, company, or organization. The relationship between the Photographer and the Client is that of an independent contractor.
“Image(s)” means the photographic material (still or moving image) created by the Photographer pursuant to this Agreement and includes, but is not limited to, slides, negatives, prints, or digital files shot, recorded, stored, or delivered on any analog, photographic, optical, electronic, magnetic, digital, or other media.

RIGHTS OF USE AND OWNERSHIP:

The Client acknowledges that the Photographer is the author of the image(s) and also the primary and sole owner of all copyrights therein. The image(s) and all copyrights remain the exclusive property of the Photographer without restriction. All rights of use expressly granted by the Photographer to the Client in the image(s) are listed on the reverse side of this Agreement.

IMAGES ARE LICENSED FOR SPECIFIC USES AND ARE NOT FOR SOLD.

The Client understands and agrees that they are not purchasing the Images, but are only paying for a license to use them, as stated in this Agreement. Please note that purchasing the copyright to the Images is always significantly more expensive than paying a license fee.
The license term begins on the date the Photographer receives full payment of the invoice and delivery of the Images.
Unless otherwise agreed, the rights granted are always non-exclusive, non-sublicensable, and non-transferable. The Images may not be used in any logo, corporate identity, trademark, or other service mark.
The Client’s use of Images does not constitute a jointly authored work.
Copyright metadata contained in digital files may not be altered or removed without the Photographer’s express consent.
Unless otherwise agreed, the Photographer retains the right to use the Images for their own promotional purposes.

PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:

PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:The client will not make or permit any alterations to the images, alone or with any other material, without the photographer’s prior express consent, including but not limited to filters, additions, removals, or adjustments.

Portrait sessions include editing, which consists of changes to color, cropping, contrast, and exposure at the photographer’s discretion. Portrait sessions do not include retouching. Boudoir sessions include retouching at the photographer’s discretion.

GENERAL LIABILITY AND INDEMNITY:

The Photographer will exercise all reasonable care in producing the Images and fulfilling this Agreement. However, the Photographer shall not be liable for any loss, damage, or expense incurred by the Client or any third party as a result of the Client’s use of the Images.

The Client agrees to indemnify and hold harmless the Photographer, its contractors, and its agents from all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and costs, that may arise from the Client’s use of the Images.

Unless expressly stated otherwise in this Agreement, the Photographer is not responsible for obtaining model, property, trademark, copyright, or other releases in connection with the Images. It is the Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consent.

Should the Photographer agree to provide releases, it is the Client’s responsibility to determine whether such releases are appropriate for the Client’s purposes. The Photographer makes no representations or warranties regarding the legal validity of any releases.

In any event, the Photographer’s liability for all claims shall not exceed the total amount paid under this Agreement.

PAYMENT:

Time is of the essence for receipt of full payment under this agreement.

NO RIGHTS ARE GRANTED UNTIL THE PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING ANY LATE PAYMENT FEES, IF APPLICABLE.

Unless otherwise agreed, the use of images prior to full payment shall be considered unauthorized use. The Client agrees that the reasonable and agreed-upon amount paid to the Photographer for such unauthorized use shall be twice the invoiced amount.

If rights of use are granted prior to full payment, the Photographer reserves the right to revoke such rights of use if the Client fails to make payment on time.

All invoices are due immediately upon receipt. Any adjustments to amounts or terms must be requested within ten days of receipt of the invoice.

The Photographer does not issue receipts to the Client. The photographer’s invoice serves as a receipt for the work and services rendered. Bank transfer fees are the responsibility of the client.

Photo credits and copyright notice:

When publishing images online, the inclusion of a credit or copyright notice is required. If a credit or copyright notice is required but not provided, the client agrees that an amount equal to twice the invoice amount is fair and reasonable compensation to be paid to the photographer for any loss of recognition or copyright protection resulting from the absence or improper inclusion of a copyright or copyright notice.

CANCELLATIONS AND POSTPONEMENTS:

Photoshoots under CHF 1,000: Payment is due on the day of the shoot.

Photoshoots over CHF 1,000: A 50% deposit is required upon booking, with the remaining 50% due on the day of the shoot. Photoshoots over CHF 1,000 require a 50% deposit. This fee is non-refundable. The remaining balance is due on the day of your appointment. If you cancel, your deposit will be forfeited and cannot be used for another appointment. If you do not cancel and the photographer arrives at the appointment location, you will be required to pay the remaining 50%.

Cancellation conditions:

• 100% refund up to 2 weeks before the event
• 50% refund 1 week before the event
• 0% refund 48 hours before the event

NEW RECORDINGS:

If the client requests a reshoot, they will pay the photographer an additional fee equal to one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all reshoot costs.

If a reshoot is necessary due to factors beyond the photographer’s control, including, but not limited to, weather conditions or force majeure, the photographer will not charge an additional fee, and the client agrees to bear all reshoot costs.

POWER FAILURE:

If the Photographer is unable to provide his or her photographic services due to illness, mechanical failure, accident, force majeure, or other reasons beyond his or her control, the Photographer will attempt to procure the services of another professional photographer to fulfill his or her obligations. If this is unsuccessful, the Photographer will refund all fees paid by the Client and will have no further liability with respect to this Agreement. The Photographer will not be responsible or liable for any other damages beyond the amount set forth in this Agreement.

This limitation of liability also applies in the event that an Image is lost or damaged due to equipment malfunction or otherwise through no fault of the Photographer.

Killing fee:

Provided that the photographer has completed the photo assignment professionally and competently, the client agrees to pay the photographer all fees and expenses related to the said assignment, regardless of whether the client uses any images or not.

ARCHIVING DIGITAL FILES:

The photographer may archive the images, but it is the client’s responsibility to properly store and archive the images during the license term. The photographer cannot guarantee the availability of the images after the date of initial delivery to the client.

The client acknowledges that optical, magnetic, electronic, and all other media used to store digital data are inherently unstable. The client hereby indemnifies the photographer and its contractors and agents from any liability for claims, damages, or costs arising from the unusability of any media supplied by the photographer.

All digital files containing images created by or on behalf of the client will be deleted or destroyed within ten days of the license expiration date.

A processing fee of CHF 100 will be charged to the photographer for the reproduction of images already delivered.

DIGITAL FILE QUALITY:

The photographer strives to provide high-quality services. Unless otherwise specified, the photographer may deliver the images in an industry-standard data format selected by the photographer, and the client agrees to accept these images at a resolution that the photographer determines is suitable for the reproduction technology and uses for which the images are licensed.

The photographer uses cameras and monitors that are color-calibrated to industry standards. However, due to variations in other monitors, software, and computer platforms, the images may display differently on other monitors. Therefore, neutral colors are set for mathematical neutrality and colors are adjusted for pleasing tonalities.

It is the client’s responsibility to verify that the digital data, including a color profile if provided, is suitable for reproducing the expected quality and color accuracy and that all necessary steps have been taken to ensure correct reproduction. If the data is deemed unsuitable, the photographer’s sole obligation is to replace or repair the data. However, the photographer shall not be liable under any circumstances for poor reproduction quality, delays, losses, costs, or consequential damages resulting directly or indirectly from defects or errors in digital files or their use.

All edits are performed at the photographer’s discretion. The photographer reserves the right to refuse any additional edit requests. Some images can only be produced in color or black and white at the artist’s discretion. If the client(s) requests additional edits to images, a separate fee of CHF 50 per image will be charged.

TERMS OF USE:

Sessions will be conducted at a location agreed upon by the photographer. The photographer may not enter or use any property or location deemed unlawful for such purposes. The photographer is bound by all rules applicable to the property or location. If the client wishes to photograph on private property, it is the client’s sole responsibility to obtain permission from the property owner. The photographer is not responsible for any hazards present on the location, and the client agrees to enter the session at their own risk.

No other photographers/videographers are permitted during the session unless authorized in writing by Cloverfield Photography. Clients or guests are not permitted to take cell phone pictures during the session unless the photographer consents.

ACCEPTANCE OF THE TERMS:

The Client is not permitted to assign or transfer this Agreement or the rights granted hereunder. This Agreement is binding upon and inures to the benefit of the Client and the Photographer, as well as their respective principals, employees, agents, and assigns. The Client and its principals and employees are jointly and severally liable for the fulfillment of all payments and other obligations under this Agreement.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties.

E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

This Agreement will be deemed to be a contract made under the laws of the United States and the State of California, and for all purposes will be interpreted in its entirety in accordance with these laws.

Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of California. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter here of.