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Terms and Conditions

Confirmation: 

A signed contract and payment of the deposit are necessary to confirm the booking of photography service.

 

Payment: Your booking will be confirmed after Deposit is received. Deposit is partially refundable ($250 retainer fee is non-refundable), but is transferable to another date in the event the Client wishes to amend the booking with at least 48 hours notice. Client can reschedule the shoot 2 times (reschedules due to weather do not count), after that the booking will be expired and if Client wish to schedule the shoot again, reschedule fee needs to be paid.

 

Full payment is required before images delivery. If any additional images are purchased, payment is required when the order is placed. Payment delays will delay delivery of the images.

 

Cancellation: In the event of the Clients cancelling the shooting for whatever reason the retainer fee ($250) payment is non-refundable.

 

Refund Policy: In the case of camera failure, inclement weather, or any other unforeseen incident that prevents Karolina Ferbei Photography from shooting on a scheduled date, a new date will be scheduled.

 

Due to the nature of digital photography and the fact that photographs, once delivered, cannot be returned, Karolina Ferbei Photography has a strict NO REFUNDS POLICY. Once a transaction has been completed (the Photographer sent the Client the selected photographs) it is non-refundable and image files cannot be returned to Photographer. If the Client has selected and purchased an incorrect photo, he/she must notify the Photographer, no later than 24h after the order was placed, provided the order was not send to the Client yet.

 

No refund will be given under any circumstances if the Client fails to attend the activity on the day and at the time listed, when the booking was made. To avoid disappointments, the Client should give at least 24h notice before the booking time if the Client is not able to attend due to any reasons, then the session will be rescheduled to the next available date.

 

The Photographer presents the portfolio and brief to the Client to get familiar with the Photographer's work and know what to expect. The results may vary due to different lighting conditions or props and outfits chosen by the Client. The Client is expected to follow the advice of the Photographer and cooperate during the session to achieve the best results. The Photographer shall not be responsible for images not taken as a result of the Client’s failure to provide reasonable assistance or cooperation. Refunds will not be given due to “not liking a photo”, selecting an incorrect photo after the Client has already received the photo, or any other reason. If an incorrect photo is sent to the Client by mistake of Photographer, Photographer will send the correct photo to the Client free of charge.

 

The Schedule: Shooting schedule, style of work and experience are designed to achieve a great set of photos for the Clients. Both the Clients and the Photographers, therefore, agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the shooting does not run on time (for example, extreme lateness by one of the Clients arriving at the shooting location) photographer can not guarantee to take agreed set of photos in full.

 

Artistic Rights: The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer is providing the final digital editing of the photographs in style presented in the Photographer's portfolio.

Client accepts that all images will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests they need to request a “shot list” of all shots that they require.

 

All deliverable images will have image editing as per Photographer’s portfolio style (including: skin retouch, light and colour adjustments). Any extra edits requested by the client will cost the client $50 per image if accepted by the Photographer. Extra image adjustments include change the size of the body or parts of the body, replace parts of the body from another image, change the colour of parts of the body, extra skin retouch, replace or swap background. It is also understood that unless hair and makeup are included in the session, Photographer is not responsible to fix hair or skin, or makeup problems.

 

It is understood that Photographer is not responsible to fix images to cover parts of your body that you do not wish to be seen in the image, unless it was confirmed with the Photographer in writing.

 

Copyright: The copyright of photographs remains with the Photographer. The Photographer grants the Clients limited image licensing for Client’s use on social media pages and website, digital advertising and marketing. Commercial use of the photographs on outdoor billboards, magazine publication, or in-store posters is not allowed without prior written permission from the Photographer and a paid license fee.

Photographer has the right to use and publish photographs take for Client to further promote their service, including:

  • Entering the Images into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and

  • Advertising or otherwise promoting the Photographer’s Work, including through the use of social media, portfolio, website and editorial use.

 

Liability: It is Client’s responsibility to take care of their personnel; Karolina Ferbei Photography will not accept any responsibility due to any accident or damage to public or private properties during the photo shoot. Client needs to be aware of snake, heat or trip and fall hazards on location and take all necessary precautions to stay safe.

 

Photographs Storage and Delivery: Digital photographs will be delivered within 10-14 business days from shooting date via downloadable link.

Photographer will be keeping all images for 1 year from the date of the shoot. After 1 year, photographs will be deleted from the storage. Downloadable link will expire within 1 month after images delivery. The Client shall be responsible for downloading and storing photographs in a safe place and making backup copies once it has been delivered to them.

 

AI Training: The Client agrees and acknowledges that the images delivered under this Agreement are licensed solely for the specific usage(s) outlined herein and may not be used, licensed, sold, or otherwise made available for the purposes of training, fine-tuning, or developing artificial intelligence (AI) models — including but not limited to LoRA (Low-Rank Adaptation), diffusion models, or any other machine learning systems used to generate synthetic or derivative content.

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This includes, but is not limited to:

• Uploading or supplying the images to any AI training platform or dataset (public or private)

• Using the images to develop internal or third-party generative AI tools

• Replicating the Photographer’s style, lighting, composition, or representation of products through AI-generated outputs

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Any such use is strictly prohibited under this Agreement unless the Client obtains an extended license specifically allowing for AI training use.

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If the Client wishes to utilise any images for AI training or synthetic content generation purposes, a separate license agreement must be negotiated and purchased at a premium rate. Licensing for this usage will be determined based on the scope, duration, and type of AI usage requested.

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Unauthorised use of the images for AI training or synthetic content generation constitutes a material breach of this Agreement and will be subject to legal remedies, including, but not limited to, immediate termination of license, financial damages, and injunctive relief.

 

Force Majeure: No party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as hurricane, earthquakes, flooding), fire, Government Restrictions (including denial or restriction of any export), wars, terrorist acts or any other cause beyond the reasonable control of the Party whose performance is affected. Should the Client’s shoot be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by the Photographer, but the Photographer will use all reasonable efforts to work with Client to produce the shoot at a later date of necessary, subject to Photographer’s availability.

 

The work will be carried out in accordance with above Terms and Conditions. By paying the deposit to the Photographer the Client accepts Terms and Conditions. 

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