AldoPics Terms & Conditions

AldoPics

Terms & Conditions

v1.5.1 - 25/10/2022

This contract is agreed between AldoPics and the Person or Persons (known as the Buyer) purchasing the services and the Person and/or Persons who are subjects in the photographs.

References to AldoPics refers to Aldo Cauchi Savona or to the photographer(s) appointed by AldoPics to perform the service on his behalf in this contract.

This also includes any reference to his appointed agents or assistants if present.
The Buyer agrees that all portrait photographic and related services provided by AldoPics are subject to these terms and conditions.

The acceptance of the booking is based on agreement by the client of the terms and conditions stated below.

  1. Payment
  2. Booking Date
  3. Liability
  4. In case of Sickness affecting your photo session booking date
  5. In case of Weather affecting your photo session being held on booking date
  6. Photo session, selected Photo post-Processing
  7. Photo session, selected Photo Delivery
  8. All session photos Copyright
  9. You, uploading your photos to Social Media
  10. Model Release (Photo portfolio and AldoPics sharing consent)
  11. Creative Licence, Coverage and Reproduction
  12. Display & Portfolio Consent
  13. GDPR Portfolio Consent Withdrawal
  14. AldoPics Storage of your photos
  15. Legal

1. Payment

a. 20% of the photo shoot service fee is required to confirm the booking of a photographic shoot.
This remainder of the fee should be paid by the day of the photo shoot and in advance of the shoot itself.
Shoot fees are not refundable outside exceptional circumstances.

b. For newborn sessions only: Due to the uncertain prediction of an exact arrival day of your baby, certain flexibility for booking the newborn session will apply. An initial date within the first 10 days of your due date is to be booked in, however, this is subject to change depending on the exact date of birth.

2. Booking Date
a. Once agreed upon a final session date, you may reschedule your session up to 7 days prior to your shoot if required. A date change from 6 or less days prior to the shoot, a 40% of the product price re-booking fee will be charged, if you would like to book a new date.

b. While session fees are refundable up to one calendar month before your session date, after this time it becomes non-refundable but transferable (should you wish to change the date), the 20% booking charge is not refundable. Date changes are allowed up to 7 days before the photos shoot date.

3. Liability

a. The client expressly releases the photographer, his affiliates, employees and agents from all claims, damages, and liabilities that may result from accidents or incidents that occur during the photo session. This waiver of liability includes waiver of any claim that may be a result of negligence.

b. The client undertakes not to prosecute or to institute proceedings, claims or demands against either the
Photographer or his agents and heirs or any legal representative in respect of any usage of the booked session photographs, unless explicitly noted in this agreement, in an agreed amendemt email, or in signed document by both parties.

c. The Client agrees that this Agreement is irrevocable, worldwide and perpetual, or until GDPR withdrawal revocation rights are claimed.

d. Points in this agreement can be amended through an email to photos@aldopics.com indicating which point and letter will be amended, how and why, which would need to be confirmed with a reply from AldoPics to enable the amandment. [10/10/2022]

3.1. GDPR Consent Withdrawal

a. You have the right to withdraw your portfolio consent, at anytime after a month of the booking photo delivery. This can be done through an email to photos@aldopics.com or through a signed letter to the AldoPics address which will need to be acknowledged via email to start portfolio photo consent withrawl procedures. [10/10/2022]

b. Portfolio photo consent withdrawal procedures can take between 1-7 days to  com into full effect. Portfolio consent withdrawn photos will be removed from my website and on the AldoPics workstation or in backup devices will be permanently deleted with no possibility to recovering them. Social media withdrawal can take a month, or more, longer to find and delete, based on how long ago the photos were shared. [10/10/2022]

4. Sickness

a. Aldo understands that you or children to be photographed can fall ill at any time.
b. In the event of sickness prior to the session, the Client (you) agrees to make every possible effort to inform AldoPics no later than 2 days prior to the start time of the photography session.
c. If a photo session is cancelled later than 2 day prior to the scheduled date/time, all payments made are non-refundable.
d. In the case of sickness and with a medical certificate, the session can be transferred to a new date which will be at the convenience of both parties within a maximum 2 month period.
e. AldoPics reserves the right to re-schedule outside of this time limit due to any existing commitments.
f. If the Client fails to reschedule within the 2 month time period, AldoPics has the right to cancel the booking with all payments made non-refundable.
g. In the case of family, maternity or newborn sessions, in the event of the child falling ill during the session, AldoPics reserves the right to postpone the photo shoot and re-schedule at the convenience of both parties.

5. Weather

a. If the weather or other adverse conditions prevent the photo-shoot from taking place,  another date will be arranged with you.

6. Selected Photos Post-Processing

a. AldoPics normally guarantees print size from digital images up to A4 size.
b. The Buyer understands and accepts that cropping may reduce this size.

c. Post-production is performed by AldoPics, or contracted agents, on all purchased images.
d. Small blemishes are normally removed and any reasonable corrections are made at no extra charge.
e. Colour correction, conversion to black and white and contrast corrections are all included in the selected session post-processed pics.
f. AldoPics strives to produce images of the highest quality at all times and will make any reasonable effort to create a quality image.

g. When intensive processing is requested by the Client, AldoPics will agree on the pricing with the Client or will obtain a quotation for this work by a third party.

h. AldoPics will only proceed with any intensive processing with agreement on the fee by the Client.
The Client understands and accepts that this labor intensive process is available at an additional fee as it is possible to spend several hours or even days manipulating a single image.

7. Photo Delivery

a. All high-resolution (HD) images will be delivered via a web-page download link or a WeTransfer email to the Client within 1-4 weeks of the date the Buyer would have selected the photos to be post-processed. The length of time varies based on the number of photos to be post-processed, the level of retouching requested and post-processing of photo sessions prior to yours.

b. In the case of wedding photos where photos will be given to you in an album, digital proofs would be sumbitted as soon as possible, along with suggested photos for your album, based on our conversation when the wedding photography is agreed on, which would give you printed photos if an album is purchased. [28/07/2022]

b. The photo are provided on online website page for easy viewing and download.

c. At the time of the photo shoot or preferably from before, the Buyer can request that the photos are delivered on a CD or USB drive.

d. Delivery for prints, albums or any other additional requirements, may vary the above timing and would be advised to the client before the shoot. The request for printed photos, should be advised at time of booking or before the final images have been processed.

8. Copyright

a. It is understood that the copyright of all and any photographs taken by Aldo, or any AldoPics photographer, belongs to AldoPics at all times.
b. No photographs may be copied or reproduced by any means, photographic or otherwise, by any person or machine other than by AldoPics or his appointed agent, unless the high-resolution pictures are purchased by the Client, or the session selected photos.
c. AldoPics retains the copyright for all images taken on any photo shoot, except for pre-agreed commercial shoots.
d. Images are sold on a personal use license, this includes photos obtained via digital download, on CD and/or USB. With all digital copies of your images you are able to make gifts and prints at home.
e. However it is against the AldoPics terms and conditions that any high resolution photo file is uploaded to the internet, other than for the purposes of ordering prints etc or to make gifts. Web-friendly sized photos are always provided.

9. Social Media

a. AldoPics has no problem with you uploading your images to Facebook, social media and/or personal websites. However before doing so, please let me know, and I will send ‘website ready photo versions’ of the selected session photos as this prevents anyone stealing them to sell or promote themselves through my photography. ‘Website Ready Photos’ are also in a size that social media and websites accept.
b. When images are uploaded to social media, when possible, you must also include the small AldoPics watermark. If the watermark cannot be included, AldoPics retains the copyright and a small notice that the photo is an AldoPics photo is mentioned, or a link to the AldoPics website or Facebook page is done. @AldoPics (Facebook ‘aldo.pics’ username) on FaceBook, or aldo.pics on Instagram.

10. Model Release/Photo Copyright

a. The copyright of all photographs is owned by AldoPics.

b. If a photo might be used for any general marketing and advertising purposes, upon your consent, we the client(s), give permission to AldoPics to use any of our selected photos from our photo session. The AldoPics notification would be sent by email, and you may reply with your consent, or that no consent is given, within 1 month of the email having been sent by AldoPics. If no reply is received after 1 month, consent will be assumed.

c. After your email consent, AldoPics is entitled to use all images produced for exhibitions, editorials, digital, promotion and print marketing incl. on social media platforms, publications, educational DVDs and websites, and/or display purposes.

d. Acceptance of these T&Cs means that AldoPics will have GDPR client portfolio consent to provide a Portfolio Consent (Model Release) form to you, which can be signed on the day of the shoot [10/10/2022], or consent is provided via email [17/10/2022].

d.1. In the case on photography for a company, where individuals are concerned, portfolio consent would be request from the company and the persons in the photos. In company photography involving multiple staff, a client consent email would be requested to the contact person, accepting or disallowing portfolio consent.[25/10/2022]

d.2. In the case of wedding photography, portfolio consent would be requested from the wedding couple. Photos involving other people will not be used in a portfolio or in marketing media, unless specifically requested in an email to the wedding couple. [25/10/2022]

d.3. Should the client wish to keep photos private, in AldoPics social media and/or in this site’s portfolio, this would be indicated in your reply to the email. IN the reply email, please indicate to AldoPics which photos might be used in the AldoPics portfolios or not, or in an email within 2 days of booking. [10/10/2022]

GDPR Portfolio Consent Withdrawal [10/10/2022]

11. Creative License, Coverage and Reproduction

a. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.

b. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer(s) will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.

c. For a booking involving a ceremony at the church, temple, religious places or at certain venues, the photographer’s movements are sometimes restricted by the official in charge(venue/place). 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. it is also, the Buyers’ responsibility to ensure that a photographer is allowed at the location. For example, some churches would only allow the photographers they know of. If an AldoPics photographer is not allowed to enter the location on the day of the shoot due to reason which were not communicated with AldoPics before the day of the shoot, any payments will not be refundable.

d. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.

e. The photographer is not liable for publishing any video/audio format deliverable on the internet.

f. 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.
g. Aldo, or an AldoPics representative, can be asked to take videos during a photoshoot and will do so. But it best be made clear that Aldo, or representatives, are not videographers and will not do final end-result film editing, apart from trimming the duration of a video and joining multiple smaller video clips into a long film. [19/09/2022]


12. Display & Portfolio Consent

a. Photos which can be requested for portfolio consent, will only be from the photos which you select and consent is given to AldoPics when the photos which might be used in a potfolio will be sent to you by email. The client(s) hereby allow(s) the photographer to display any of the selected photographs to which portfolio consent was given and to generally promote the business in advertising, social media, brochures, magazine articles, websites, sample albums etc.
a.1. When reserving a shoot, you have every right to accept these terms and conditions, followed by an email to photos@aldopics.com limiting or indicating that your acceptance of these terms and conditions comes with a portfolio consent limitation, such as ‘there will be no portfolio consent’, ‘Only non-nude photos may get portfolio consent’, etc.

b. Acceptance of these terms & conditions gives AldopPics to add any of your selected photos to the website porfolios. [15/04/2022]

c. Photos which will be added to the portfolios would be emailed to you, and to request your consent, should the photos be used in the AldoPics social media portfolios. In your email reply, apart from providing consent, you may limit the consent to only porfolio use on the website, or only to be used in a portfolio and not in any advertising or print. [17/10/2022]

d. If the occasion arises, portfolio photos which might be used in any print media, for example on gift cards, you would be notified by email, for consent, on such an occasion. [17/10/2022]

e. In the case of company business photo shoots, both the company and the employee would be asked for portfolio consent. [15/04/2022]

f. In your portfolio email consent confirmation reply, should you wish to keep certain photos private, or cropped to hide your face, you would indicate as such in an reply to the portfolio photos confirmation email, with 7 days of the email being sent.

g. In the case of pregnancy photos, you may wish to advice me to withhold adding the photos to my portfolios until the baby is born and all is certainly well, in which case, your wishes would be respected.

h. AldoPics and the photo session subject(s) agree that in the case of nude photos, no the alterations will be made to the photographs that would make the images appear pornographic, defamatory, or illegal. If by any chance, the photographer gets shots showing anything unwanted private parts, these will be deleted
and not used. Also, if AldoPics will social media share the photos, no private parts will be visible on any social media platform. [10/10/2022]

i. Any nude photos will not be tagged as with the subject’s real name or stage name. The will be no ‘behind the scenes’ photos, when the subject is undressed. The photos will not be added to any porn website, adult websites, adult-oriented site/ members sites, like OnlyFans, Patreon, etc. [10/10/2022]

13. Storage

a. After about 2 months after your photo selection has ben done, mainly based in terms of work computer storage space, the not selected raw photo files will be deleted. [20/12/2021]

b. After 12 months from your session date AldoPics will no longer be responsible for storing your post-processed image files, with the exception of post-processed photos which you would have accepted to be used in an AldoPics portfolio. They will be backed-up just in case their use would be required at a later date. [20/12/2021]

14. AldoPics is not obliged to take photographs with cameras or other equipment belonging to Guests. Although, in general, this would be denied, this would only be done, if the AldoPics photographer decides, there and then, that it would not impact the results of the booked photo-shoot.

15. In the unlikely event of any complaints, the Client should raise the issue in writing within 14 days from the date of receipt of images.

16. The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control as in force majeure, Act of God or the event of a total photographic failure. Under these circumstances, neither party shall be liable for indirect or consequential loss.

17. Legl
a. The Photographer reserves the right to amend these Terms and Conditions without prior notice.

b. Any amendments to the portfolio consent or these boooking terms and conditions can be done through an email or through a written and signed letter to the AldoPics address.

c. Booking Terms and Conditions amendments must be agreed by both parties before photo session booking and portfolio consent amendments need to be agreed, before or on the day the photos are taken, but before the start of a photo session. [10/10/2022]

d. Your email or the letter will need to be replied to via an email and receipt confirmation is returned to AldoPics in order to legalise any amendment. You consent that any such amendment acknowledgement email will be saved, on the internet or through a printed document, for a minumum of 5 years. [10/10/2022]

 

Show Buttons
Hide Buttons
preloader