Gloria Villaverde, main photographer and business owner of Gloria Velvet, will be referred to on the conditions stated below as the Author, being The Photographer, either Gloria or her associated photographer, and "the photographers" both Gloria and her team working at the event. The Clients refers to the potential clients with whom she will be working.
-BOOKING FEE & PAYMENT
A non-refundable booking fee, as well as full acceptance of the terms and conditions secures the time and services of the Photographer for the shooting/wedding, and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Dates are reserved only when this retainer is paid.The non-refundable booking fee is due when the agreement has been signed and will be deducted from the cost of the client's chosen package when calculating the final balance due. Payment of the remaining balance will be done 10 days before the wedding, being the wedding day the last day where this amount must be paid. If the Client fails to do the payment before the wedding/shooting day, the amount will be paid in cash before the wedding/shooting starts. In the event that payment of the remaining balance is not made in full by this deadline, the Photographer reserves the right to terminate this contract, retain the initial retainer, and no longer be held liable for providing further services to the Clients.
- CANCELLATION AND RESCHEDULING BY CLIENT
The Clients may cancel the contract at any time up to 6 months prior to the event date for any reason. To do so, Clients must send a written cancellation notice via either email or certified mail. The Clients forfeit their initial retainer in case of cancellation, and agree to pay the full amount for the services should they cancel their wedding photography contract less than 4 months prior to the wedding. A new booking may be required if the Clients will to change the date. The new package price will reflect pricing in effect when the date change occurs.
- CANCELLATION BY AUTHOR
In the unlikely event that the Author is unable to perform to the guidelines of the Agreement due to an injury, illness, force majeure event, denied entry to a country, theft or other cause beyond the control of the Author, first, she will send instead one of the photographers from her team. If there was a complimentary second photographer, this person will be the main photographer for all the time hired, and no other person will be searched, and no extra charges will be added to the couple. If the couple hired a second photographer for the whole wedding, If there was only one photographer working at the wedding, and none of the photographers from her team are available, she will try to find someone sufficiently qualified to perform the shooting on her behalf. In the very unlikely case that she can't find someone for this purpose, the liability is limited to the return of the payments received for the event, excluding the retainer (for which they would get a voucher) and travel expenses already incurred (which includes tickets for e.i. flights, accommodation, car rental, and all the expenses that the Photographers had to pay for if they were already arrived at the venue location as fuel, taxis, meal etc.). These refund will happen within a timing determined by the photographer, and the Agreement shall immediately terminate. The Photographer will give the couple a voucher for a post wedding photoshoot as a compensation.
- FORCE MAJEURE CLAUSE AND SAFE ENVIRONMENT CLAUSE
If the Photographer cannot perform or believes she may not be able to perform the Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then the Photographer will give notice to the Client as soon as reasonably practicable after the Photographer determines that a Force Majeure Event will or may prevent her from performing under their Agreement. The Photographer shall have no obligation to perform under the Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but the Photographer may, in the Photographer’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Photographer, reusing the deposit for this purpose under the Photographer's discretion.
To the extent the Parties cannot agree on a suitable replacement date consistent with Photographer’s availability, the Photographer may also, in her sole discretion, refund fees paid to the Photographer under the Agreement, less the retainer (deposit) and any amounts necessary to cover expenses and work (based on time spent by the Photographer) already performed by the Photographer related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, the Photographer shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to the Photographer, the Photographer shall refund the payments received for the event, excluding any retainer and travel expenses and shall have no further obligation to perform under the Agreement.
The Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). The client further understands and agrees that the Photographer shall not be required to perform under the Agreement if the Event is held in violation of a Governmental Order or Photographer’s participation in the Event would violate a Governmental Order. The Client understands and agrees that the Photographer is not obligated to continue to perform under the Agreement if her personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.
The details of the event arrangements are to be agreed beforehand in writing (email is acceptable). The Clients shall notify the Photographer of any changes to these details in writing. The Photographer cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.
- PHOTO SHOOTINGS AND FAMILY PHOTO SHOOTINGS
From May to October (both months included) photo shootings and family photo shootings will only be done from Monday to Thursday, or Sunday (subject to availability). Photoshoots taking place on a Sunday imply an extra fee of 20% of the total cost.
A Family Photo Shooting can only take place with maximum number of 6 people, meaning that if there are more than 6 people it will be automatically considered an event, incurring in extra costs. If the Photographer is misled to an event to perform a family photo shooting, the Client will pay the fare difference plus a 25% extra penalty cost.
- MODEL RELEASE
The Clients understand the fare on the brochure takes under consideration that the Photographer will be able to display any photograph covered by the contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums, marketing purposes without the written permission of the client. s. If the Clients don't want to allow the Photographers to display any photograph, they have to communicate so in writing before the event takes place, which implies a loss of the Photographers marketing opportunity, and the Clients will be charged the non display fare, which comes at around +20% of the total price for weddings and +35% for photo shoots.
If the Clients fail to communicate this before the day of the photo shoot/wedding, there will be an added penalty fee for the extra work that the Photographer will have done on the shooting day for marketing purposes only, being a plus 50% of the original fare the new amount that will be paid to the photographer in order for her not to display any image of the event.
The Client gives permission to the Photographers to use the pictures on social media, website and platforms for marketing and portfolio purposes on behalf of all the guests and people at the event/photoshoot. If any of the guests don't want pictures where they appear to be display, they must communicate so in writing to the Photographer by certified post or email, identifying themselves and no later than 72 hours before the event. Confirmation of reception by the Photographer must be done to consider their request.
- DELIVERY DATE
The pictures will not be delivered later than 12 weeks from the date of the event.
All image sizes are nominal. The Photographer will provide a pleasing color balance but cannot guarantee exact color matching owing to anomalous reflectance caused by a combination of certain physical circumstances. It is sometimes impossible to record on film or digitally the exact colors as seen by human eye. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the Photographer cannot accept responsibility for any obstructed view should this be the case.
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographers’ judgment regarding these corrections and the number of images put forward to the Clients must be deemed correct. Raw files are not available to the Clients as all the images delivered will be already selected, edited and post-produced by the Photographer.
- CREATIVE LICENSE
The Photographer shall be granted creative and artistic license in relation to the choice of locations and poses used in order for her to provide the best work she can achieve. The Photographers' judgment on photographic style and the number of photographs taken shall be deemed correct.
Copyright Designs and Patents Acts assign the copyright of the images to the photographer. As so, all photographs taken by the Photographers at the Event, in whatever form, are copyright protected. The Photographer will allow reproduction and publishing for personal use (e.g. wall hangings at home, Facebook, blogs), but any sale or publication for profit without Photographers’ express written permission is a violation of copyright law. Photographers retain copyright in all images taken at the Event. This clause shall survive the Contract and Terms that will be signed.
- AUTHORSHIP CREDIT
Authorship credit in the name of the supplier (Gloria Velvet) shall accompany the images when reproduced on media outlets such as Facebook or other social networks.
- PERSONAL & VENUE ACCIDENTS
Any directions issued to the Client(s), 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 or/and to any accident happened to the location (including damaged objects, furnitures, etc.). The guests are not allowed to move, touch or handle any of the photographer's gadgets unless they are told otherwise by the photographers. The couple will be responsible for any damage that the guests cause to the photographer's gear and gadgets.
- SHOOTING TIME / ADDITIONS
The Clients agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Clients do not arrive at the appointed time for the Event(s), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Clients. If the Clients decide for any reasons (weather conditions, illness, etc.) to interrupt the shooting the amount of agreed shots can be consequently affected/modified. The exact amount of deliverable shots will then be notified after 15 working days to the Client(s) via mail by the Photographers.
- EVENT FOOD SERVICE & BREAK
The Clients agree to let the Photographer have a break and to provide a hot, catered meal for the Photographers for every wedding lasting for more than 3 hours. As so, a hot catered meal will be provided then every 4 hours for all photographers working at the event. Otherwise an extra fee of 150 CHF per photographer working at the event, will be added to the Clients, and they should be also provided with a place to eat. The photographers don't need to be sited among the guests, but it is highly recommend to have them near the guests and the couple so that they can always have an eye on them even while eating, if they are forced to eat away and far from the couple, the photographers will not be responsible for missing any unannounced speeches, surprises or events taking place.
- SECOND PHOTOGRAPHER
For packages offering a second photographer included in the price, this is a complimentary service but not a must, that will be given depending on the availability and not necessarily during the whole wedding day. This will be confirmed one month before the wedding. If the couple wishes to have a second photographer working the whole day with the main photographer, they will have to hire a second photographer as an extra. The second photographer will also have the same rights as the main photographer (food, respectful treatment...).
The Photographer is not responsible for compromised coverage due to causes beyond the control of the photographers including but not limited to obtrusive guests, lateness of the Clients or guests, weather conditions, schedule complications, incorrect addresses provided to the photographers, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the event(s) that is not notified in writing at least 3 days before the wedding. The Photographer is not responsible for any missing person in group shots. 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.
- PERMISSIONS TO PHOTOGRAPHY
It is the sole responsibility of the Clients to secure permission of the church, synagogue or other venue of the wedding for the Supplier to photograph the ceremony/event. The Clients shall insure the placement of the bridal party, the officiant(s) and the altar decorations so as not to obscure the view of the bride and groom. The Photographer will abide by the rules of the church/synagogue in regards to camera placement at the ceremony. Many Cities, counties, and private venues/businesses are charging a photography permit fee. The clients is responsible for the payment of such fee. In the event clients fail or refuse to pay for any such permit fee despite having been informed by The Photographer that such fee is required, the clients is responsible for any and all related costs or fines if applicable.
- ACCEPTATION OF IMAGERY
Upon receipt of the digital media both physically or via online service, the Client accepts all responsibility for archiving and protecting the photographs. The Author is not obliged to archive image files more than 60 calendar days upon receiving a confirmation of delivery (this notification to the Photographer happens via the online gallery system itself that notifies the Author via an mail as soon as the gallery is sent to the Clients). The Author 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 digital media provide. It is Client responsibility to make sure that digital files are copied and backed up to new media as required.
- GENERAL CONDITIONS FOR PAYMENTS
The deposit payment must be done when the contract it signed. The second payment is due on the day of the photoshoot, if this payment it's not made before that date, it will be done in cash at the end of the photoshoot. As for weddings, the second payment must be done on the 15 prior days from the wedding. If the payment is not done before the wedding day, it must be done before starting the wedding day, in cash.
The final amount that arrives to the account must always be the total amount stipulated on the contract. If a smaller amount arrives to the Photographer's account, the Client will be responsible for paying the difference on the next payment. The total amount must be paid in Swiss francs. The client is responsible for any bank or currency exchange fees.
Online galleries last for six months for photoshoots and one year for weddings since the date of delivery. If the couple wants to keep their gallery online for more than one year, they must pay a fee of 90 CHF per year.
If there is any disagreement in between language versions for the conditions above stated, and for the prices and packages, the English version always prevails.