Terms & Conditions

Naughty Spots PhoDography

The following terms and conditions govern all orders, proposals, and services provided by Naughty Spots Phodography for outdoor and indoor pet photography. These terms also apply to all future orders from the same client, unless otherwise expressly agreed upon in writing. Both parties agree that only the photographer's terms and conditions apply, and any terms and conditions from the client are not applicable.

CONTRACT AGREEMENT & APPOINTMENT Booking a photo shoot is binding. The contract is sealed through oral or written confirmation (including clear confirmation via email) by the client. The contract is finalized upon acceptance of the service under these terms and conditions. Changes to the order require written form and mutual agreement.

PRICES, FEES, PAYMENTS Any additional costs (such as travel expenses, studio rentals, etc.) are the responsibility of the client and will be built into the overall cost, payable to the photographer along with the session fee. This excludes any parking fees or permits for the client's vehicle. A deposit is required to secure the booking, with the remaining balance due two weeks prior to the session date. The photographer reserves the right to terminate the contract or suspend services with a partial payment if it becomes evident that the client is not fulfilling their obligations. If the client fails to make full or partial payment, they forfeit the right to use the services provided.

FREEDOM OF DESIGN The photographer has artistic and technical freedom in the design of the photographs, unless specific design requests have been agreed upon with the client. The client acknowledges the photographer's style, which includes natural light photography, shallow depth of field (not all areas of the photo are "sharp"), potential grain and noise, and colors that may not precisely match reality, etc. Complaints regarding these characteristics are not considered valid. Should the client request changes during editing, they will be responsible for any resulting additional costs.

CANCELLATION & RESCHEDULING / RIGHT OF WITHDRAWAL / CONSEQUENCES OF WITHDRAWAL Shootings: To secure a booking, a deposit of 30% (plus any rental or travel costs) must be paid. • Cancellations up to 4 weeks / 28 days before the appointment - full refund of the total amount • Cancellations 1 day (24 hours) to 27 days before the appointment - the 30% deposit + any travel or rental expenses will be retained. • Cancellations within 23 hours of the appointment - full payment remains due; cancellation due to illness can be documented with a medical certificate, in which case only the travel or rental fees will be withheld.

The time of receipt and the reason for the written cancellation notice sent to Naughty Spots Phodography / [nsphodography (at) hotmail.com] are crucial factors. To meet the withdrawal deadline, it is sufficient for the client to send the notification of exercising the right of withdrawal before the withdrawal period expires. If the client withdraws from this contract, the photographer must promptly refund the corresponding payments, no later than 14 days from the day the withdrawal was made. Further claims for damages or reductions (e.g., reimbursement of travel, food, and lodging expenses) are excluded. Payment delays resulting from incorrect, incomplete, or subsequently changed information provided by the client do not constitute default by the photographer, and any resulting additional costs are the client's responsibility. The photographer will issue the refund via e-transfer unless otherwise agreed upon. In no case will the client incur fees for this refund. The client's right of withdrawal expires prematurely if the contract is fully fulfilled at the explicit request of the client before the client exercises the right of withdrawal.

The photographer reserves the right to reschedule the appointment and is responsible for arranging a new date. If the organizer cancels the appointment entirely, a full refund of the total amount will be issued. The client is relieved of the obligation to pay if the appointment cannot be attended due to force majeure, such as natural disasters and unforeseeable events.

IMAGE / PERSONALITY RIGHTS Persons incidentally appearing in image material have no entitlement to compensation or remuneration, provided they merely contribute incidentally to the liveliness of the overall presentation, appear sporadically, and are not singled out from anonymity. The client will inform individuals present that they may appear in photos intended for publication. If the client is featured in the recordings, the photographer agrees to respect the client's personality rights, unless otherwise specified in writing in the shooting contract. Recordings may only be edited, modified, and published while respecting the personality rights of the client. There is no entitlement to mention the client's name.

ACCEPTANCE, CORRECTION & LIABILITY The client is obligated to accept the services if they meet the agreed requirements. Upon confirmation by the client, the photographer is obliged to provide the service described in the contract in the agreed form (e.g., delivering a data carrier, sending necessary data). The client does not have the right to have corrections or extensions carried out by another agency or service provider and to charge these to the photographer. Any complaints must be submitted to the photographer within 5 days of receiving the images. After this period, the completed work is considered accepted as contractually compliant and free from defects. The photographer's liability for damages arising from contract fulfillment is limited to cases of intent and gross negligence. This excludes damages resulting from injury to life, body, or health, as well as from breaches of essential contractual obligations caused by culpable breaches of duty. Liability for damages to or loss of digital image data applies only in cases of intent and gross negligence, with the amount limited generally to the deposit or invoice total. Storage of digital image data is not covered under the contract and is provided without guarantee. Delivery dates for photos are binding only if expressly confirmed by the photographer. Liability for exceeding deadlines applies only in cases of intent and gross negligence. The risk and cost of transporting data carriers, files, and data online and offline lie with the client or the supplier, unless otherwise agreed in writing.

OTHER TERMS During a photo session, photography by guests of the client or competitors is not permitted unless otherwise agreed. The photographer's liability for the lightfastness and durability of the photographs is limited to the manufacturer's warranty. Reproductions, reorders, and enlargements may result in color variations compared to the original or initial images; such variations are not considered defects, and no complaints will be entertained on this basis. The photographer voluntarily retains digital files for a minimum of 1 year from the photo session but is not obliged to archive data from the job order. Clients have the option to purchase and create backup copies of the data themselves in an appropriate format. Unless otherwise agreed, the photographer selects the photographs presented to the client for acceptance after completion of development. While clients may make their selection, the photographer reserves the right to adjust this selection in consultation with the client due to quality fluctuations (e.g., image noise, focus issues, etc.).

COPYRIGHTS, USAGE RIGHTS "Photographs" within the scope of these terms and conditions encompass all products created by the photographer, regardless of their technical format or medium. Copyrights are non-transferable, and suggestions from the client or other parties do not grant co-authorship. The photographer grants the client a simple usage right for the photos, which includes private, non-commercial use. For commercial purposes, explicit consent from the photographer and a written agreement in the contract are mandatory. In such cases, the client may use the optimized file "commercial purposes without logo". It is advisable to include a mention in the form of a caption or note in the imprint. This arrangement must be explicitly agreed upon and documented in writing in the contract as required.

If files, photos, designs, etc., are utilized by third parties in a broader capacity (commercial and business instead of exclusively private), beyond the original intent, the client/third party must compensate for the additional usage. Publication of web-optimized (reduced and with a photographer's logo) digital files is permissible in the non-commercial/non-competitive realm (exceptions require written consent), provided there is acknowledgment of the photographer and a functional link (www.naughtyspotsphodography.com) directly accompanying the image, or naming the photographer (Naughty Spots PhoDography). Any modification, further processing (e.g., through photo composing, assembly, or electronic aids for creating a new copyrighted work, including cuts and filters from smartphone apps like Instagram or others) of the delivered photos necessitates explicit permission from the photographer. This requirement also extends to the transfer of usage rights to third parties, which is generally prohibited for the client. The transfer of usage rights occurs only upon full payment of the agreed fee. Breach of these provisions allows the photographer to demand a contractual penalty. The client receives exclusively edited image material as a print medium and/or high-resolution JPG format. Delivery of unedited, digital raw data (RAW / JPEG) is excluded. The photographer relies on references, which she may use for self-promotion on her website. The photographer is granted the right to showcase a selection of image files as part of her portfolio to demonstrate her work to potential customers or business partners in various formats. The client may explicitly object to such usage by the photographer, provided it is communicated no later than upon signing the contract.

Shooting: The photographs may not be altered or edited in any way (inscriptions, changes to the image cut, color alterations, etc.) by the pet owner or third parties unless explicitly agreed upon in writing in the contract. Additionally, the photographer's logo must remain unaltered. In the event of a breach of this clause, the photographer reserves the right to pursue legal action against the client. Any publications on platforms such as Facebook must include the photographer's logo in their web version and link to the photographer's page. Exceptions apply for commercial purposes (advertising for companies/homepages, etc.), where the client may use the optimized file "commercial purposes without logo". However, it is mandatory to include a mention in the form of a caption or note in the imprint. This permission must be individually agreed upon and documented in writing in the contract if required for commercial purposes.

GIFT CERTIFICATES Gift certificates in any form cannot be combined with promotional offers. Additionally, cash redemption of a gift card is not possible. The validity of a gift card is unlimited.

SEVERABILITY CLAUSE If any provision of this contract is found to be invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to achieving the intended economic purpose.

PLACE OF FULFILLMENT AND JURISDICTION The place of fulfillment and jurisdiction for both parties is Canada.