These terms and conditions ("Agreement") govern the provision of photography and videography services by Havana Productions ("Photographer/Videographer") to the client ("Client"). By engaging the services of Havana Productions, the Client agrees to be bound by these terms and conditions.
Scope of Services:
1.1 The Photographer/Videographer will provide professional photography and/or videography services as specified in the agreed-upon quotation or contract.
1.2 The specific deliverables, such as the number of photos, video duration, and format, will be discussed and agreed upon by both parties prior to the shoot.
Booking and Payment:
2.1 A 25% non-refundable deposit is required to secure the booking. The deposit must be paid upon agreement to confirm the booking.
2.2 The remaining balance is due within seven (7) days after the shoot, before the deliverables are rendered.
2.3 Payments can be made by cash, check, bank transfer, or any other method agreed upon by both parties.
2.4 In the event of a cancellation by the Client, the deposit will be forfeited unless otherwise agreed upon by the Photographer/Videographer.
Usage and Copyright:
3.1 The Photographer/Videographer retains the copyright to all images and videos captured during the assignment, including the right to use the images/videos for self-promotion, advertising, display, or portfolio purposes.
3.2 The Client is granted a non-exclusive license to use the images/videos for personal or business purposes, but not for commercial resale or distribution without prior written consent from the Photographer/Videographer.
3.3 The Client agrees not to edit or alter the images/videos without written permission from the Photographer/Videographer.
Model Release:
4.1 The Client agrees that any individuals featured in the photographs/videos have given their consent to be photographed/videographed and to have their images used by the Photographer/Videographer.
4.2 The Client is responsible for obtaining any necessary model releases from individuals who may require one for legal or privacy reasons.
Delivery:
5.1 The Photographer/Videographer will provide the final edited images/videos to the Client within the agreed-upon timeframe.
5.2 Delivery methods may include digital download, USB drive, online gallery, or any other method agreed upon by both parties.
5.3 The delivered images/videos provided by Havana Productions will stay online in the client’s gallery or link for 6 weeks. It is the client’s responsibility to download and store the deliverables safely in this timeframe. Havana Productions does not take any responsibility for any lost files caused by the client, and is not obliged to re-upload any files to the client.
Liability:
6.1 The Photographer/Videographer will take reasonable care during the shoot and the subsequent handling of images/videos. However, in the event of unforeseen circumstances or technical issues, including but not limited to equipment failure, loss, or damage, the Photographer/Videographer's liability is limited to a reshoot or refund of the paid amount.
6.2 The Client assumes all responsibility for the safety and conduct of themselves, their guests, and any children present during the shoot.
6.3 The Photographer/Videographer is not liable for any injuries, loss, damage, or expenses incurred during the shoot, except in cases of gross negligence or intentional misconduct.
Confidentiality:
7.1 The Photographer/Videographer agrees to keep confidential all information shared by the Client during the course of the assignment.
7.2 The Client agrees not to disclose any proprietary or confidential information of the Photographer/Videographer without their prior written consent.
Force Majeure:
8.1 Neither party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or governmental actions.
Governing Law and Jurisdiction:
9.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where works were commenced.
9.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts.
Entire Agreement:
10.1 This Agreement constitutes the entire agreement between the Photographer/Videographer and the Client, superseding any prior agreements or understandings, whether written or verbal, relating to the subject matter herein.
By engaging the services of Havana Productions, the Client acknowledges that they have read, understood, and agreed to these terms and conditions.