The following terms and conditions (“Agreement”) govern your use of Count Photography’s (Count Creation Ltd) services and the rights and obligations of both parties. Please read these terms carefully before engaging in any services provided by Count Photography. By using our services, you agree to be bound by these terms and conditions.
- Services: Count Photography provides professional photography services, including but not limited to event photography, portrait photography and commercial photography. The specific details and scope of services will be agreed upon between Count Photography and the client on a case-by-case basis.
- Booking and Payment a. Booking Confirmation: To secure our services, clients must provide a signed agreement or written confirmation of the booking details, including the date, time, location, and any specific requirements. Count Photography will confirm the booking in writing, and the agreement will be binding once both parties have provided their confirmation. b. Pricing and Payment: The fees for our services will be agreed upon and outlined in the booking confirmation or invoice. Unless otherwise specified, a non-refundable deposit of 50% of the total fee may be required to secure the booking. The remaining balance is due on the day of the photography or as specified in the invoice. c. Deposit Refunds: The deposit is non-refundable in the event of cancellation by the client, except in cases where Count Photography is unable to fulfil its obligations as outlined in the agreement. d. Cancellation Notice: If a client wishes to cancel or reschedule a booking, they must provide at least 72 hours notice in writing to Count Photography. Failure to provide the required notice may result in forfeiture of the deposit. e. Rescheduling: Clients may request to reschedule the booking with at least 72 hours’ notice, subject to Count Photography’s availability. Count Photography will make reasonable efforts to accommodate rescheduling requests, but cannot guarantee availability on alternative dates.
- Intellectual Property Rights a. Ownership: Count Photography retains all copyrights and intellectual property rights to the photographs taken during the provision of services, including but not limited to edited and post-processed images. b. Usage and License: Unless otherwise agreed, Count Photography grants clients a non-exclusive, non-transferable license to use the photographs for personal or promotional purposes related to the event or project for which the services were provided. c. Model Release: Clients are responsible for obtaining necessary model releases, permissions, or clearances from individuals or property owners featured in the photographs.
- Client Responsibilities a. Cooperation: Clients are responsible for providing accurate and complete information regarding the event or project, including schedules, locations, and any specific requirements. Clients are also responsible for ensuring a cooperative and respectful environment during the provision of services. b. Venue and Access: Clients shall ensure that Count Photography has reasonable access to the venue and the necessary permissions to capture photographs during the event or project. Any restrictions or limitations must be communicated in advance. c. Liability: Clients are responsible for the safety and behaviour of their guests, models, or subjects during the provision of services. Count Photography will not be held liable for any damages, injuries, or losses incurred due to the actions or negligence of the clients or their guests.
- Cancellation and Rescheduling a. Cancellation by the Client: If a client wishes to cancel or reschedule a booking, they must notify Count Photography in writing as soon as possible. Depending on the circumstances and the notice provided, cancellation or rescheduling fees may apply. b. Cancellation by Count Photography: Count Photography reserves the right to cancel or reschedule a booking in cases of unforeseen circumstances, including but not limited to equipment failure, illness, or force majeure events. In such cases, Count Photography will make reasonable efforts to provide an alternative date or refund any fees paid.
- Confidentiality and Privacy Count Photography respects the confidentiality and privacy of its clients. Personal information shared during the provision of services will be handled in accordance with applicable data protection laws. Count Photography will not disclose or share any confidential or personal information without the client’s consent, except as required by law.
- Limitation of Liability a. Count Photography will take reasonable care and skill in providing its services. However, in no event shall Count Photography be held liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with its services, including but not limited to: i. Loss or damage to personal property belonging to the client or any third party. ii. Loss of profit, revenue, data, or business opportunities. iii. Any personal injury or harm sustained during the provision of services, except in cases of proven negligence on the part of Count Photography. b. Count Photography’s total liability, whether in contract, tort, or otherwise, shall be limited to the amount of fees paid by the client for the services rendered. c. The client acknowledges that photography can be affected by various factors, including but not limited to weather conditions, availability and cooperation of subjects, and technical limitations. Count Photography shall not be held responsible for any resulting limitations or variations in the final photographs. d. The client agrees to indemnify and hold Count Photography and its representatives harmless from any claims, liabilities, damages, expenses, or losses arising out of or in connection with the client’s use of the photographs or Count Photography’s services.