Terms & Conditions

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In the following Terms and Conditions (“Terms”), “the Photographer” shall mean ‘Baunty Channel Creations’ and any representative thereof (including Alexei Bautin). “The Client” shall be those persons booking the photography services. It is agreed that the following terms set out the entire agreement made between the Photographer and Client (i.e. the parties) and that no variation or modification of these terms shall be effective unless agreed by both parties in writing. Any and all photography services provided by the Photographer shall be subject to these Terms, and the Client hereby consents to comply with such.

Booking & Cancellation

Sessions may be booked and paid in full at the time of booking or, if agreed by Photographer, by a deposit at the time of booking, with all remaining fees to be due at least 1 business days prior to the scheduled Session. Any prepaid fees (including paid deposits) shall be non-refundable, and may be used solely for agreed-upon services on the date scheduled by agreement of Client and Photographer (the “Session”). Sessions may be canceled up to 1 month prior to the agreed-upon Session date.  If Client requests to reschedule the agreed upon date of services at least 10 business days prior to the Session, the Photographer will apply such prepaid fees as a credit toward a newly agreed Session date. Photographer will use commercially reasonable efforts to accommodate a request to reschedule a Session, provided such request is made at least 10 business days prior to the original scheduled date. All rescheduling dates are subject to Photographer availability. Pricing may vary depending on the new dates requested. A Session may not be rescheduled for credit more than once. Mini-sessions may not be rescheduled.

Copyright

Photographer expressly reserves all copyright, and any and all moral and other related intellectual property rights, to the images taken in the performance of services. This applies to any media and/or format of such images. Without prejudice to Photographer’s rights above, the photographer shall have the right and license to use and display all negatives, files, proofs, photos, prints, and all images and likenesses thereon in connection with Photographer’s business, including any display, sales, advertising and marketing efforts, and you grant to the photographer a royalty-free, fully paid and irrevocable license to use images taken and materials therefrom for its commercial and artistic purposes at Photographer’s discretion.

Subject to complete payment of all fees, the Photographer grants the Client the non-exclusive, non-transferable permission to make use of the images under the following conditions: Any use of the images shall be for personal use by the Clients only, not authorized for any reproductions thereof by parties other than the Photographer. The images may not be used for commercial gain, nor may the Client post images on any website or other space where copyleft, opensource, or other free common media licenses may apply to such images.  Images may not be submitted to contests, sold, or represented as anything other than the work of Alexei Bautin or Baunty Channel Creations. The client understands that when sharing photos online via personal website, or social media sites such as Facebook, Instagram, etc., the Client must credit and tag the Photographer, and will not edit the photos in any way, including removing the watermark, cropping the image, adding filters, or any other creative alterations. The client agrees to be responsible for any person, including family member or friend, who violates the foregoing after receiving images from Client.

Image Timing

The Photographer will select and process the agreed-upon number of images from a session, taking into account Client’s reasonable instructions and requests. A reasonable period of time following the completion of the session, the Photographer will deliver the agreed-upon number of processed digital images to the Client via a secure online gallery. While in most cases images will be available in approximately 3 weeks, the Photographer does not guarantee this period of time and a longer time period may apply. Rush orders with hard deadlines can be placed for an additional fee following agreement with Photographer. For avoidance of doubt, Photographer shall not be responsible for delivering any images or Additional Products if any fees for such items remain due and outstanding. Client shall not be entitled to reject images on the basis of style or composition. RAW image files remain the property of the Photographer and will not be supplied.

Retention and Deletion of Images

Photographer will retain the photos for 6 months following the Event. Thereafter, all photos will be deleted and backups purged. Photographer shall have no responsibility to retain or provide the photos following this 6-month period, and after such 6-month period Client waives any claim against Photographer related thereto.

Retouching

All images selected by Photographer for delivery to Client will be adjusted for exposure, brightness, contrast, and sharpness at the Photographer’s judgment and discretion, which shall be deemed correct. In addition, retouching, digital manipulation, etc. may be purchased by Client at an additional cost. Photographer offers professional retouching services for a fee of $75.00 per 30-minutes, including removal of braces, wrinkles, tan lines, etc.

While the Photographer strives to provide its clients with the utmost in photography services, the Photographer is, first and foremost, an art studio with an established style and reputation. While the Photographer regularly works with its clients to deliver photographs which will meet their individualized needs, the Photographer reserves the right to exercise full artistic control over the nature, number, and types of images they create.

It is understood that the Photographer is not responsible to fix photos to cover parts of a body that Client wishes not to be seen in the photo, unless it was confirmed with the photographer in advance writing.

Payment

Fees. Fees for booked Sessions, gift vouchers and fixed-cost discount packages are payable at the time of booking. Fees for any Additional Products (defined below) will be payable at the time of order and prior to delivery. Fees are non-refundable, except as stated herein, and are exclusive of any taxes or delivery fees that may apply. All major credit cards are accepted.

Inclusions. Session Fees include a pre-session consultation scheduled by Photographer, the agreed upon length of photography time at the Session (e.g., 30 min. for mini-sessions) and the agreed-upon number of processed images available for download and personal use subject to the terms hereof.

Additional Expenses

Travel and Onsite Expenses. Travel expenses for Sessions requiring up to 30 miles from Photographer’s location are included in agreed upon fees. Additional mileage for locations outside this radius will be charged to the Client at $0.4 per mile. Any entrance fees, parking fees or similar expenses related to a Session location will be payable by the Client in addition to Session Fees. 

Additional Products. Client may purchase additional full-resolution digital files, prints, wall art, or similar products with the images (“Additional Products”) at additional cost. Additional Products will be delivered directly to the Client. Please note that charges apply for delivery of any non-digital Additional Products, including any redeemed as part of a gift voucher package or gift-card.

Photo Cooperation

Timing. Sessions will begin and end promptly as scheduled. Clients and any other parties being photographed, if so agreed by Photographer and Client, must be present and prepared (e.g. dressed and styled) for a Session at the designated start time. Additional time for a Session may be purchased in 30-minute increments at the rate of $150 per 30 minutes, at the Client and Photographer’s discretion (schedule permitting).

Persons Being Photographed. Photographer has been hired to capture and provide photographic documentation and/or images, as interpreted by Photographer, of the persons participating of the Client or such persons participating in the Session as identified by Client at the time of booking. Photographer reserves the right to charge additional fees should the number of persons participating in the Session be materially different than stated at the time of Booking or the pre-Session meeting. For Sessions involving large groups, Client agrees to assign a group member (which may be the Client) to assist Photographer in organizing attendees for group images. Photographer is not responsible for usage of likeness of any attendee or location, and the Client represents and warrants that (a) all persons invited to participate in the Session and (b) all owner or agents of a private location specified by Client, if any, have signed the necessary releases allowing Client to give Photographer the rights it receives under these Terms.

Supervision of Minors. The Photographer captures the “essence” of the Client and other participating parties, including children; and any styling and props are not included (combed hair, clean faces for kids, jewelry etc.). For any Session involving a child under 18, Photographer requires a parent or legal guardian to be present at all times. Only Client and/or parties being photographed should attend the Session, however the Photographer recognizes it may be helpful to have a nanny, caregiver, or grandparent present to help with children.

Attendees and Other Photography Services. Anyone attending a Session is kindly asked to adhere to any instructions from the Photographer and to refrain from interfering with the Session. Photographer shall be the official and exclusive Photographer for all Sessions, and NO OTHER PHOTOGRAPHIC, VIDEO, FILM, DIGITAL OR RECORDING DEVICES OF ANY KIND ARE PERMITTED DURING A SESSION without permission from the Photographer. In the event that the family/guests are taking photos despite the foregoing, the Photographer is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviors of guests. The Photographer is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.

Instructions. Photographer shall not be required to follow instructions regarding Sessions from anyone other than Client, unless agreed otherwise by the parties.

Meal and Break Times. The Photographer will be allowed one 20 minute break at their own discretion for any session longer than 2 hours, and bathroom breaks as needed. Client agrees to provide Photographer a full guest/vendor meal for any photography session lasting longer than 5 hours. If no meal is provided, the Photographer reserves the right to a 45-minute off-site break to obtain a meal independently.

Adjustments. Client agrees to notify Photographer by email at info@bauntychannel.com of any date or location changes (including, but not limited to, wedding dates, baby delivery for birth or hospital photography) at least 24 hours in advance. For any changes that are less than 24 hours prior to the Session, Client agrees to also contact Photographer by phone in order to confirm receipt of the adjustment message. Text message or social network communications do not constitute notice. Photographer is not liable for any damages or losses due to any messages sent by mobile text messages or via social network.

Indemnification

The Client shall indemnify and hold harmless Photographer from any loss, damage or liability resulting from the Client’s violation of the terms of these Terms or any agreement involving the Client and Photographer. The Client shall indemnify Photographer and hold them harmless from and against any claim by any other person or entity resulting from the performance of his services under these Terms.

Liability

Photographer will use commercially reasonable efforts to ensure equipment is in good working order, backup equipment is available where appropriate, and that images are stored and backed up in a responsible manner. EXCEPT AS EXPRESSLY STATED HEREIN, PHOTOGRAPHER EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES ARISING HEREUNDER, INCLUDING ANY IMPLIED WARRANTY OR WARRANTY OF FITNESS FOR PURPOSE.

PHOTOGRAPHER’S LIABILITY ARISING OUT OF THESE TERMS, AND IN CONNECTION WITH PROVISION OF SERVICES OR THE PRODUCTS TO CLIENT, IS LIMITED TO THE AMOUNTS ACTUALLY PAID BY CLIENT TO THE PHOTOGRAPHER HEREUNDER. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SIMILAR LOSSES OR DAMAGES, INCLUDING ANY REVENUE, PROFIT, REPLACEMENT OR COVER DAMAGES. THE FOREGOING APPLIES WHETHER IN CONTRACT OR TORT, AND WHETHER OR NOT A REMEDY FAILS IN ITS ESSENTIAL PURPOSE, OTHERWISE EXPRESSLY PROHIBITED BY LAW.

Photographer is not responsible or liable for any failure to provide any services due to an act of God, including poor weather, atypical traffic, Client illness, closure of planned location, government act or regulation (whether or not related to Covid), or any other occurrence, act or event which is outside of the Photographer’s exclusive control. In addition, the Photographer shall not be responsible for equipment failure or the failure of any software or other computer or electronic medium, other than those caused by Photographer’s negligence, which results in any damage to any proofs, negatives, digital files, prints, or photos which result in the inability to print, access or duplicate any of the foregoing.

Client accepts full liability for any loss or damage to Photographer’s equipment or property, or any other person’s property (whether tangible or intangible), during a Session which (i) occurs due to the acts or omissions of Client or other Session attendees, (ii) occurs due to an act or omission of any other vendor hired by Client (e.g. venue owners, staff or other hired vendors), or (iii) or arises due to any condition or occurrence at a Session location other than at Photographer’s studio, other than those that result solely from the Photographer’s negligence.

Termination for Cause

The Photographer reserves the right to terminate any session for Cause and without incurring any liability: (1) if Client breaches these Terms, (2) if a subject(s) being photographed is not willing to be photographed, fails to attend the session or is more than 30 minutes late, or (3) if Client or any person they have invited to attend a session is behaving in a manner that the Photographer deems inappropriate, aggressive, dangerous or inconsistent with the purposes of the photography session. A termination by Photographer for Cause shall not relieve Client of responsibility for all contracted fees that would have been due hereunder should the Session have occurred as scheduled. In addition, the Photographer shall not be required to credit any funds or reschedule the session which was terminated for Cause as described herein. Under no circumstances shall the Photographer be required to refund such terminated sessions. Any fees paid hereunder shall be forfeited as liquidated damages. 

General Terms

These Terms shall be governed by the laws of the state of California, and any dispute hereunder is subject to the jurisdiction of the state or federal courts of San Francisco. The prevailing party in any action arising from or relating to these Terms shall be entitled to recover its reasonable attorneys’ fees and costs, including, without limitation, arbitration fees. No amendment herein shall be valid unless signed by the Photographer and Client. No failure or delay by either party in exercising any right hereunder will constitute a waiver of that right. There are no third party beneficiaries to these Terms. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld), provided that the Terms shall apply to any successors or executors of a party hereto. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect. This is the entire agreement regarding the subject matter hereof. There are no verbal agreements forming part of these Terms. Written notice shall include email communications. Any term or condition on any booking or other document submitted by the Client shall be of no force or effect whatsoever. In particular, acceptance by Photographer of a booking sent by the Client shall not be deemed an acceptance of any conflicting or additional terms and conditions therein. Photographer specifically rejects any different or additional terms and conditions proposed by the Client. These Terms are not to be construed as an employment agreement. Photographer is an independent contractor. The following sections will survive the expiration or termination of this contract and remain in effect until fulfilled: Copyright, Retention and Deletion of Images, Liability, Termination for Cause and General Terms.

Acknowledgement

Client acknowledges and confirms that it has read and understood the Terms, and had sufficient time to evaluate the acceptability thereof, or seek counsel relating hereto. Client hereby agrees to comply with the Terms as stated above.