Terms and Conditions.

In the following terms & conditions “the photographer” shall mean Yovani Santana trading as yvv.pov. “The clients” shall be those persons defined as clients on the form above. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. 

1. COPYRIGHT

i. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.  

2. DISPLAY

i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social medias, sample albums etc. 

3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements. 

ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.

iii. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. 

iv. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. 

4. PAYMENT

i. A non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

ii. Payment in full of the remaining balance will be due one to two weeks before the delivery of the photographs. 

iii. Additional goods ordered must be paid for in full at the time of ordering. 

iv. Titles to all goods remains with the photographer until paid for in full by the client(s) 

5. FORCE MAJEURE

i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid. 

ii. The photographer will endeavor to put the client(s) on a different date/schedule/reshoot due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. 

6. DIGITAL FILES

i. All digital (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.

ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

7. PERSONAL ACCIDENT

i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 

8. CANCELLATION FEES

i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation: 

ii. Cancellation from the booking date and more than two weeks to go until the event, the booking fee.

iii. Cancellation with less than two weeks to go until the event, full price for the complete photographic coverage booked. 

9. DELIVERY

i. The photographer will endeavor to deliver digital files as quickly as possible. However this could take up to 4-6 weeks during busy periods.