Terms & Condition
Vineeth Shetty and his team, hereinafter referred to as THE PHOTOGRAPHER, is/are an independent contractor and not an employee of Bride & Groom, hereinafter referred to as THE CLIENT(S).
1. Booking Fee and Payment Terms
Vineeth Shetty Photos & Films accepts cash, cheque & online fund transfer as mode of payment. Client shall reserve the time and date of services by signing and returning this contract along with a booking fee equal to 30% of the total photography fee along with the travel charges in advance. The purpose of the advance booking fee of 30% is to secure the PHOTOGRAPHER for a particular date and time, hence no date is reserved until the duly signed contract and booking fee are received. The final payment is to be done on or before the final Event Date; this will ensure that post-production can begin without any delay. No Photographs, Albums, USB Memory Stick or Add-Ons will be delivered until all payments due have been paid in full. Payment for Reprints, Photo Albums, Canvas Prints, or other Add-Ons is to be made in full at the time of ordering. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and won’t resume in further work unless until the balance amount is paid. Returned cheque will be assessed as non-sufficient funds fee, for which Rs 2,500/- will be charged, and all future purchases/payments must be paid by only cash. We really love to keep our deals very clean and feel very embarrassed to send reminders or follow ups emails to our client for payment.
2. Travel & Subsistence
Being a Mumbai Based Photographer, for any Wedding assignment outside Mumbai (Beyond the radius of 300kms) our Wedding Photography service cost do not change with location, Travel of our team will have to be borne by the client. If overnight stay is required then safe and decent accommodation will also have to be arranged by the client for the team. For Eg: Travel in Mumbai —> Chennai & From Chennai —> Mumbai (flight tickets) of entire team to be borne by the Client. To ensure that no unexpected travel delays are there, Vineeth Shetty and his team prefers to generally arrive at least one day before the event. We stress upon good travel since equipment that we carry for shoots are fragile and expensive and need to be carried in good condition.
If for any reason Client cancels this contract before the wedding date, Photographer will keep the retainer based on the cancellation policy. Cancellation must be made in writing, signed by the contracted party, and sent via Postage or Email. If Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.
- If Client cancels the Agreement Sixty (60) or more calendar days before the event day, Client shall be charged a fee of 25% charge of total wedding package.
- If Client cancels the Agreement between Sixty (60) to Thirty (30) calendar days before the event day, Client shall be charged a fee of 40% charge of total wedding package.
- If Client cancels the Agreement Less than Thirty (30) calendar days before the event day, Client shall be charged a fee of 75% charge of total wedding package.
In the event that Client reschedules the wedding and Photographer is able to rebook the original wedding date, Client will receive credit for all monies already paid. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the wedding and Photographer is not able to rebook the original wedding date, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within six months of original date provided Photographer is available. The details of the wedding arrangement are to be agreed beforehand in writing (Email is acceptable). The client shall notify the Photographer of any changes to the details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of service until any changes are received, and acknowledged in writing. Instances where function days get changed or additional days get added to events, an extra cost will be charged.
5. Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, then they shall return any amount already paid by the Client(s) but 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 in processing, lost through camera (or other hardware) malfunction, lost in the mail, or otherwise lost or damaged in situations which are outside the Photographer’s control. The Photographer shall not be liable for any amount in excess of the retail value of the Client(s) package price.
In the unlikely event that the Photographer is unable to provide the services described in this Agreement on the Wedding/event Date for any reason including, but not limited to, illness, injury, emergency or act of God, sudden event or other circumstances beyond the control of the Photographer, a Substitute Photographer/Team may be sent at no cost to the Client(s). This contract will be transferable to said Photographer/Team. If the Client(s) declines the Substitute Photographer, the Client(s) may instead terminate this Agreement, and receive a full refund of all money paid.
The Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client(s). Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organisational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use his/their professional judgement and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to the Client(s).
8. Non-Guarantee, Cooperation & Event Guide
The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, if the artificial lighting provided by the clients at the venue is unsuitable or too dark for photography or filming. It is strongly advised by the Photographer to avoid any use of coloured LED lighting or any other form of coloured or flickering lighting in the ambient areas , sitting areas or performance areas for the wedding. Coloured lighting if any should be restricted to the peripheral decorations only. Bright and even lighting should be provided in all ceremony and guest areas. The Photographer will not be held responsible for any photographs ruined due to guests’ (or any other) flashes, Halogen lamps etc.; or due to any other cause in or outside of the Photographer’s control. The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Vineeth Shetty & his team is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Vineeth Shetty & his team. THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s), Vineeth Shetty & his team recommends that THE CLIENT designate a person to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs. We only do candid style photography & Cinematic Films which does not include food eating shots or any shots which traditional photographers offer in the market. Therefore in such a case if client also looking at capturing the wedding moments in traditional style of photography or videography , then please feel free to hire a local City Photographer. We can also help you or recommend them for you but we don’t stand behind he work which comes from then even if we recommended, as their is old style of shooting. Electricity outlet and place for equipment: 5 amps/220-230 volts has to be provided at reception ceremony location along with One or Two 4’x2’ - table to setup our Photo & Video recording setup, & one 4’x2’-table to setup our audio recording devices and laptops.
9. Shooting Permits
The Client is responsible for acquiring all permits and necessary permission for any locations on which the Photographer will be performing services.
10. Delivery of Photos & Videos & Timeline
The delivery process will take approximately 60-90 days. Upon receipt of a photo/video DVD/ USB Memory Stick/ External HDD, Client accepts all responsibility for archiving and protecting the photographs and videos. Photographer does not permanently archive image and video files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
11. Album Printing
Albums are not part of package, however they can be ordered later. Based on images selected by the client, an album layout will be shared with in 2 weeks, post approval on layout, album can be send to printing which take 10 days to 15 days. This is not a fixed timeline and since the printing is outsourced to a printer, photographer is not responsible for any delay as a result of delay on the behalf of the printers
All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of colour, black and white, and selective colour images. Limited colour correction and/or retouching are included at Photographer’s discretion. Client may request further changes for an additional charge. All photographs/albums supplied by the Photographer are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. The Photographer cannot accept any responsibility for this gradual image deterioration. All pictures/albums purchased are presumed to have been received in good condition unless the Client notifies the Photographer in writing of any discrepancy or error within 14 days of receipt. After this no claim will be entertained by the photographer.
13. Digital File Quality
A photographer is committed to providing high-quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of the Image(s) and the reproduction technology and use(s) for which the Image(s) is licensed.
Due to variances in monitor calibrations, software, and computer platforms, digital files may display differently on different monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
14. Artistic License
The Photographer and his team will make every effort to capture the requested images in the requested style as detailed through the discussions with the Client(s). However, any notes or wishes made by the Client(s) do not constitute contract terms, and the Photographer retains the artistic license to capture appropriate and available images during the provision of the Wedding Service. The Client(s) acknowledge that they have seen the portfolio/samples of the Photographers work and understand and agree with their style of photography/cinematography and trust their creative judgement. The Client(s) also understand that the images/videos shown in the portfolio are indicators and may or may not be replicated during their assignment.
The Photographer retains the copyright of all images/videos pursuant to The Indian Design & Patents Act. It is contrary to the Act to copy or allow to be copied any images captured by the Photographer by any means. The Photographer reserves the right to use images on their promotional or other materials.
16. Model Release
The Client(s) hereby assign(s) and grant(s) the Photographer and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client(s) or in which the Client(s) may be included, for editorial, trade, any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client(s) hereby release(s) the Photographer and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that the Photographer may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as photography books, photography instructional books, studio display, and any other purpose thought proper by the Photographer.
17. Complaints or Changes
Any complaints or Changes in the Output should first be raised by the Client with the photographer in writing within 21 days in writing from the date of receipt of images, videos, albums or any other items. After this no claim will be entertained by the photographer.