Public offer for photography services.
This document constitutes an official offer (public offer) by ROMAN Photographer OÜ (Estonian commercial registry code: 10189323), hereinafter referred to as the “Contractor”, and contains all essential terms and conditions for the provision of photography services to any natural or legal person, hereinafter referred to as the “Client”.
This document is a public offer in accordance with the Law of Obligations Act of the Republic of Estonia (Võlaõigusseadus). Acceptance of this offer implies full and unconditional agreement of the Client with the terms set forth below.
The moment of full acceptance of the terms of this Agreement (acceptance of the offer) by the Client is deemed to be the fact of payment of a deposit or full payment for the Contractor’s services by the Client.
The text of this public offer is published on the official website of the Contractor: romandjuzev.com
1. DEFINITION OF TERMS
In this Agreement, the following terms are used in the following meanings:
1.1. Contractor (Photographer) — the legal entity ROMAN Photographer OÜ, providing photography services, represented by the author and photographer.
1.2. Client — a natural or legal person who has accepted this offer (paid a deposit or full payment for the Contractor’s services) and thereby concluded an Agreement on the terms set forth below.
1.3. Work (Photograph) — a visual image in electronic digital format (JPEG, TIFF, or another agreed format), created by the creative labor of the Photographer in the process of providing services.
1.4. Photographic Equipment — professional equipment and auxiliary tools used for photoshoots (cameras, lenses, studio and flash lights, light modifiers, tripods, memory cards, computing equipment, etc.).
1.5. Photoshoot — the process of creating visual images (Works) using professional Photographic Equipment at the Client’s site, in the Contractor’s studio, or outdoors (plein air) in accordance with the agreed Brief.
1.6. Technical Brief (Brief) — a document or written description (transmitted via email or instant messengers) containing requirements for the photoshoot. The Brief may include a list of items/subjects, angles, style, lighting scheme, references, background requirements, technical parameters of finished files (resolution, aspect ratio), and other criteria for completing the order.
1.7. Color Correction — basic digital processing of images, including adjusting colors to a natural or artistically intended look, setting contrast, exposure, and white balance.
1.8. Technical Retouching — basic image processing aimed at correcting technical and physical defects. Includes cleaning dust, scratches, and minor flaws on the surface of the object, cropping, geometry/line alignment, and basic background cleaning.
1.9. Artistic (Deep) Retouching — detailed creative post-processing requiring individual work on each frame. Includes deep processing of material textures and surface details, drawing volume, highlights, and shadows, complex technical manipulations (compositing/collaging, background replacement, removal of complex objects), and giving the image a specific style and atmosphere according to the project concept.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to provide photography services upon the Client’s order and create Works (Photographs) in accordance with the agreed Brief, and the Client undertakes to accept the rendered services and pay for them in accordance with the procedures and terms provided in this Agreement.
2.2. An order for a photoshoot is submitted by the Client in writing (including email and instant messengers) or by agreeing on the Brief. Details regarding the date, venue, scope, cost, and specification of the photoshoot are fixed in the invoice or in the correspondence of the Parties and constitute an integral part of this Agreement.
2.3. Protection of Artistic Vision: Unless explicitly specified and detailed otherwise in the Brief, the choice of angles, lighting schemes, composition, shot framing, and overall stylistic direction of the photoshoot is an expression of the Photographer’s individual artistic vision. The Client’s disagreement with the Photographer’s artistic vision, in the absence of violations of the agreed Brief, shall not constitute grounds for rejection of the work or a request for a re-shoot.
2.4. Moral rights to the created Works belong to the Contractor (Photographer) and are inalienable. The Contractor grants the Client the right (non-exclusive license) to use the delivered Works for commercial and non-commercial purposes (publication on websites, social media, printed materials, advertising, etc.) without territorial limitations.
2.5. Delivery of finished Works to the Client is carried out electronically by providing a download link from the Contractor’s cloud storage within the timeframe agreed by the Parties.
2.6. The Contractor delivers the finished Works to the Client in JPEG format (or another agreed format) in the volume and degree of processing (color correction, retouching) specified in the Brief or selected service package. RAW source files are the Contractor’s working materials and are not transferred to the Client unless expressly agreed otherwise in the Brief.
2.7. The Contractor guarantees storage of the shot material (finished Works) on their digital media for 3 (three) months from the date the link is provided to the Client to allow re-downloading in case of loss of the copy by the Client. Upon expiration of this period, the Contractor bears no responsibility for file safety.
3. COST OF SERVICES AND PAYMENT TERMS
3.1. The cost of the Contractor’s services is determined based on the current rates (service packages) published on the official website of the Contractor romandjuzev.com, or calculated individually and fixed in the Brief, invoice, or electronic correspondence between the Parties.
3.2. When booking the date and time of a photoshoot, the Client pays the Contractor a deposit (booking fee) in the amount of 50% of the total cost of services, or 100% of the cost in the case of purchasing a Photoshoot Gift Card. The date and time of the photoshoot are considered booked upon receipt of the deposit.
3.3. Cancellation and Rescheduling Terms: In case of order cancellation at the initiative of the Client less than 10 (ten) days before the photoshoot date, the paid deposit is non-refundable, as it serves as compensation for the Contractor’s reserved time and incurred preparation costs. The procedure and conditions for order cancellation more than 10 days in advance are governed by Clause 8.3 of this Agreement. Rescheduling the photoshoot date without losing the deposit is possible upon mutual agreement no later than 10 (ten) business days before the scheduled date (or in accordance with the booking policy of the selected photo studio).
3.4. Final Settlement (the remaining 50% of the cost) is made by the Client on the day of the photoshoot or before the delivery of the finished material, unless specified otherwise in the invoice. In case of late or incomplete payment, the Contractor reserves the right to suspend processing and delivery of finished Works to the Client until full settlement.
3.5. If the Client wishes to impose a total ban on the publication and use of the resulting Works in the Contractor’s portfolio (exclusive confidentiality condition), the Client shall pay an additional fee of 100% of the base cost of services and sign a corresponding Non-Disclosure Agreement (NDA).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Client undertakes to:
4.1.1. Ensure the timely arrival of photoshoot participants and/or delivery of product samples/objects to the photoshoot location at the booked time.
4.1.2. Provide the Contractor with complete and reliable information (Brief, references, technical format requirements) necessary for high-quality execution of work.
4.1.3. Provide the Contractor with unimpeded access to the photoshoot location and adequate working conditions. In case of interference or obstacles created by the Client or third parties, the Contractor shall not be held liable for deviations from the Brief or reduced output quality.
4.1.4. Independently monitor changes to the terms of this Offer on the Contractor’s official website.
4.1.5. Fully compensate the Contractor for damages in case of damage to or loss of Photographic Equipment through the fault of the Client or persons engaged by them, based on the market value of the equipment on the date of discovering the damage.
4.2. The Client has the right to:
4.2.1. Use the received Works for commercial and public purposes in accordance with the terms of this Agreement. When publishing materials, the Client is entitled to attribute authorship as: “Photographer Roman Djuzev” or link to the Contractor’s website/social media.
4.3. The Contractor undertakes to:
4.3.1. Render services with high quality, at a professional level consistent with the Contractor’s portfolio and agreed Brief.
4.3.2. Deliver finished Works with color correction and/or retouching in the quantity specified in the Brief or selected service package within 10–20 business days from the photoshoot date (unless a different timeframe is fixed in the Brief).
4.3.3. Not publish photos of an intimate nature or images capable of harming the honor, dignity, or business reputation of the Client without the Client’s prior consent.
4.4. The Contractor has the right to:
4.4.1. Engage third parties (assistants, retouchers, technical staff) to fulfill obligations without separate approval from the Client, remaining responsible for the final result.
4.4.2. Use the created Works to demonstrate professional expertise: in their portfolio, website, social media, exhibitions, professional competitions, and promotional materials, except when the Client has paid for confidentiality in accordance with Clause 3.5.
4.4.3. Suspend work or refuse service in case of breach of payment terms by the Client (including non-payment of deposit) or lack of technical feasibility for the shoot (with a refund of actually paid funds if the lack of feasibility arose through the fault of the Contractor).
4.4.4. Make changes to the terms of the Offer and service descriptions with mandatory publication on the website romandjuzev.com.
5. LIABILITY OF THE PARTIES AND ACCEPTANCE PROCEDURE
5.1. For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the applicable laws of the Republic of Estonia.
5.2. Acceptance Procedure: Delivery of finished Works is carried out by providing a download link to the Client. The Client undertakes to review the received materials within 3 (three) business days from the date the link was sent. If no motivated written objections confirming non-compliance with the Brief are received within this timeframe, the work shall be deemed fully and qualitatively completed and accepted by the Client without reservation.
5.3. Subjectivity of Evaluation and Creative Nature: The selection of angles, composition, lighting schemes, and framing is an expression of the Photographer’s creative vision. In the absence of direct violations of the Brief or technical defects, subjective evaluation of the result by the Client (including criteria such as “I imagined it differently”, “I don’t like this angle”, etc.) shall not serve as grounds for rejection of work, re-shoots, or refunds.
5.4. Limitation of Liability: The Contractor’s aggregate financial liability under this Agreement (including possible losses, fines, and compensations) under any circumstances is limited to the amount of remuneration actually paid by the Client for the respective order. The Contractor is not liable for indirect damages or lost profits of the Client.
5.5. Technical Media Force Majeure: In case of total or partial loss of shot material due to unforeseen technical failure of equipment or memory card corruption, the Contractor, in agreement with the Client, will conduct a re-shoot at their own expense or refund the full deposit received for the order.
6. DISPUTE RESOLUTION
6.1. All disputes and disagreements arising out of or in connection with this Agreement shall be settled by the Parties through negotiations.
6.2. If agreement cannot be reached through negotiations, the Client shall send a written claim to the Contractor by email. The claim review period by the Contractor is 15 (fifteen) business days from receipt.
6.3. If the dispute is not resolved through the claim procedure, it shall be submitted to the courts of the Republic of Estonia in accordance with current Estonian legislation.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if it resulted from force majeure events that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.
7.2. Force majeure events include natural disasters (fires, floods, earthquakes), strikes, military actions, infrastructure failures, acts of state authorities, as well as sudden severe illness or injury of the Photographer making the photoshoot impossible.
7.3. Upon occurrence of force majeure circumstances, the Parties shall immediately notify each other and agree on a new timeframe for performance or conduct mutual settlements for services actually rendered without applying penalties).
8. MISCELLANEOUS
8.1. Processing of the Client’s personal data is carried out by the Contractor in accordance with the legislation of the Republic of Estonia and the European Union (including GDPR). Detailed information on the purposes, methods, terms, and rights of the Client regarding personal data processing is contained in the Privacy Policy published on the Contractor’s website.
8.2. The Agreement comes into force upon Acceptance of this Offer and remains valid until complete fulfillment of obligations by the Parties.
8.3. The Client has the right to unilaterally terminate the Agreement by submitting a written notice to the Contractor no later than 10 (ten) days before the agreed service start date. In this case, paid funds are subject to refund minus expenses actually incurred by the Contractor (e.g., non-refundable photo studio bookings or third-party props, if applicable).
CONTRACTOR 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