Public Offer for the Provision of Photography Services
This Agreement is a public offer of ROMAN Photographer OÜ, registered in Estonia under reg. no. 10 189 323 (hereinafter referred to as the “Contractor” or “Photographer”), and contains the terms and conditions for the provision of photography services to any individual or legal entity (hereinafter referred to as the “Client”) who accepts this offer under the conditions set out below.
In accordance with Section 9 of the Estonian Law of Obligations Act, this document constitutes a public offer. Acceptance of the offer (payment for the service) means the Client’s agreement with the stated terms.
The moment of full acceptance by the Client of the Photographer’s proposal to conclude this offer agreement (acceptance of the offer) shall be deemed the fact of advance payment or full payment by the Client for the Photographer’s services.
This public offer is published by posting its text on the official website of the Photographer romandjuzev.com.
1. DEFINITIONS
The following terms used in this Agreement shall mean:
1.1. Photograph — a visual image in electronic JPEG format.
1.2. Photography Equipment — cameras, lenses, lens hoods, filters, flashes, tripods, reflectors, light diffusers, memory cards, batteries, camera bags, etc., used for photography.
1.3. Work — a photograph created by the Photographer, hereinafter referred to as the Work.
1.4. Arising of Copyright — no registration of the Work or compliance with any other formalities is required for the creation, exercise, and protection of copyright.
1.5. Photographer — the individual whose creative work results in the creation of the Work. The Photographer is the author.
1.6. Artistic Shooting — staged photography reflecting the Photographer’s creative vision as an artist.
1.7. Color Correction — making changes to the original colors of a photograph in order to achieve the closest possible match to real colors or to give an artistic tone.
1.8. Technical Retouching — image processing aimed at improving the image and correcting defects. Such retouching makes it possible to enhance the texture and shapes of objects in the photograph, add volume and depth, and create atmosphere if, in the Photographer’s opinion, such changes are lacking in the photograph.
2. SUBJECT OF THE AGREEMENT
2.1. The Photographer undertakes, upon the Client’s orders, to create the Works stipulated by this Agreement. The Client shall pay the Photographer remuneration in the amount determined by agreements between the Client and the Photographer.
2.2. The Photographer retains inalienable moral and economic rights.
2.3. The Work is required by the Client for public use or, in the case of commercial shooting, for the purpose of generating profit directly or indirectly.
2.4. The Client places an order for the creation of a Work verbally or in writing; the order becomes an integral part of this Agreement.
2.5. Upon completion of the Work, within the agreed period, the Photographer transfers the Work via cloud storage.
2.6. The Photographer stores the captured material for 3 months from the date of providing the results to the Client for possible restoration in case of loss of the Client’s copy.
2.7. The Photographer delivers to the Client all technically compliant photographs.
3. PAYMENT FOR THE CONTRACTOR’S WORK
3.1. For the created Work, the Client shall pay the Photographer remuneration in the amount of the cost of the service package selected by the Client. The base price, terms, descriptions, and composition of the service package are specified in the “Services” section on the Photographer’s website romandjuzev.com and form an integral part of the Agreement. The final price of the Photographer’s service corresponds to the prices indicated on the website.
3.2. Before the start of the shoot, at the time of booking, the Client shall pay the Photographer an advance payment in the amount of 50% of the final cost of the service, or 100% in the case of purchasing a Gift Card for a photoshoot.
3.3. In case of cancellation by the Client, the advance payment shall not be refunded. Payment of the order constitutes agreement with this condition.
3.4. Final settlement of the remuneration provided for in clause 3.1 shall be made by the Client on the day of the shoot. In case of non-payment of the remaining amount of the purchased service package, the Photographer reserves the right not to perform obligations under this Agreement, including not delivering the order to the Client until the full amount has been paid in full.
3.5. If the Client wishes to impose a prohibition on the publication of the Works created as a result of the services, an additional payment in the amount of 100% of the remuneration shall be made and an additional confidentiality agreement shall be signed.
3.6. The Photographer does not publish in any information sources (whether website or social networks) photographic materials of intimate content or photographs that may harm the Client’s reputation.
4. RIGHTS AND OBLIGATIONS OF THE PARTIE
The Client undertakes to:
4.1. Arrive at the shooting location no later than 30 minutes before the start of the photoshoot.
4.2. Ensure the Photographer appropriate access and the possibility to perform duties without interference or obstacles from third parties involved in the shoot. Otherwise, the Photographer shall not be responsible for receiving material of inadequate quality.
4.3. The Client has the right to unlimited publication of the Works, including in electronic and printed mass media and social networks. Upon any publication, the Client may indicate authorship as: “Photographer Roman Djuzev.”
4.4. Provide the Photographer with all necessary and reliable information aimed at creating the most complete photographic material.
4.5. Independently monitor all updates posted on the Photographer’s website, including changes to service conditions and this Offer.
4.6. The Client forfeits the right to refer to lack of awareness of such changes if they are published on the Photographer’s website.
4.7. Compensate the Photographer in full for damages caused in case of damage to equipment on location, based on the market value of the lost or damaged equipment determined on the date of detection of the damage.
The Photographer undertakes to:
4.8. Provide the Client with necessary and reliable information about the proposed work.
4.9. Deliver the results within 10–20 business days. The final delivery period depends on the service and is agreed before the start of work.
4.10. Perform the work with proper quality corresponding to the photographs in the portfolio, if this type of shooting is presented in the portfolio.
4.11. Deliver the number of color-corrected photographs specified in the paid package.
The Photographer has the right to:
4.12. Engage third parties, with the Client’s consent, to fulfill obligations under this Agreement.
4.13. Use the Works in portfolio, exhibitions, website, social networks, and advertising of services on any media, unless clauses 3.5 and 3.6 apply.
4.14. Transfer the Works to third parties (film and television professionals, representatives of video and film production companies) for further use in their professional activities, except as provided in clause 3.6.
4.15. Engage third parties for photography services without the Client’s approval if necessary.
4.16. At any time fully or partially change service descriptions with prior notice to the Client; such changes take effect immediately after notification.
4.17. Refuse to provide services if the Client has not paid (including if the agreed advance payment has not been received).
4.18. Refuse to provide services in the absence of technical possibility, returning all funds paid under the Agreement in full.
4.19. Publish photographs created as a result of the service in portfolio, websites, social networks, and other platforms belonging to the Contractor, unless the Client has declared in advance a wish to prohibit publication, as this requirement affects the service price. Acceptance of this Offer confirms agreement with this condition.
5. LIABILITY OF THE PARTIES
5.1. In case of non-performance or improper performance, the Parties bear responsibility in accordance with the legislation of the Republic of Estonia.
5.2. The choice of composition in placing objects within the frame is the Photographer’s creative vision and cannot be considered a defect.
5.3. The Client’s subjective assessment of objects or products in the images, in the absence of technical defects, is not grounds for claims (e.g., “I imagined it differently, ” “I thought it would look different, ” etc.).ms.
6. DISPUTE RESOLUTION
6.1. All disputes shall be resolved through negotiations, and if not possible, in the courts of Estonia.
6.2. The Client’s claim must be submitted in writing and is subject to registration on the day of receipt. The response period is 30 (thirty) days from receipt.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or full non-performance if caused by force majeure circumstances (flood, fire, earthquake, war, military actions, acts of state authorities, or other circumstances beyond reasonable control).
8. MISCELLANEOUS PROVISIONS
8.1. In accordance with the Law “On Personal Data, ” by accepting this Offer the Client grants the Photographer consent to the storage and processing, including automated processing, of information relating to personal data (hereinafter referred to as “Personal Data”) of the Client or of a third party in whose interest the Client concludes the agreement (surname, first name, patronymic, registration address, residential address, contact telephone numbers, email addresses, payment amounts, and any other personal data), including collection, systematization, accumulation, storage, clarification (updating, modification), use, dissemination (including transfer), depersonalization, blocking, and destruction of Personal Data.
Processing of Personal Data is carried out for the purpose of concluding an Agreement with the Photographer on the basis of this Offer, any other agreements and their further performance, making settlements with the Client, making decisions or taking other actions giving rise to legal consequences for the Client or third parties, providing the Client with information about the services rendered by the Photographer, fulfilling contractual obligations to third parties, as well as informing the Client about changes in the terms of service provision, the terms of the Offer, and about new products and services developed and/or offered by the Photographer and/or his contractors and partners. By accepting the Offer, the Client agrees to receive advertising information.
8.2. The consent given by the Client regarding the processing of personal data specified in clause 8.1 of the Offer is granted to the Photographer until the expiration of the storage periods of the relevant information or documents containing the above-mentioned information, determined in accordance with the legislation of the Republic of Estonia, after which it may be withdrawn by the Client by sending a corresponding written notice to the Photographer not less than 3 (three) months prior to the withdrawal date. Withdrawal of consent to the processing of personal data automatically constitutes a unilateral refusal of the Client from the services.
8.3. The consent specified in clauses 8.1–8.2 of the Offer is granted for the performance of any actions in relation to the Client’s Personal Data that are necessary or desirable to achieve the above-mentioned purposes, without any limitations.
8.4. Processing of Personal Data is carried out by the Photographer using the following main methods, including automation tools (but not limited to them): storage, recording on electronic media and their storage, compilation of lists, marking.
8.5. The Client understands and agrees that any information that has become known to the Photographer about the Client in connection with the performance of obligations under the Offer may be used by the Photographer for marketing purposes, including conducting advertising campaigns, sending notifications and promotional information, as well as sending the Client advertising information of third parties. If the Client refuses the use of information about him/her for the purposes specified in this clause, the Client shall send the Photographer a corresponding written statement, which shall not automatically result in termination of the Agreement, if it follows from the statement that the Client refuses specifically the use of personal data for the purposes specified in this clause.
8.6. The Agreement enters into force from the moment of acceptance of this Offer and remains valid for the duration of service provision in respect of the obligations to provide services and for other periods if such periods are specified in the Offer (for example, regarding consent to the processing of personal data), or until its termination on the grounds provided for in this Agreement, including in the absence of technical possibility to provide the Services.
8.7. In cases предусмотренных by the Agreement, the Client has the right to terminate the Agreement unilaterally by sending the Photographer a written notice of termination no later than 30 (thirty) days prior to the commencement of service provision. In such case, the paid funds shall be refunded and the service shall not be provided.
Contractor’s Details:
Name: ROMAN Photographer OÜ,
Address: Pangapealse 17, 76 905 Muraste küla Harku vald
Reg. no. 10 189 323, VAT EE100 305 511
e-mail: roman.djuzev@gmail.com