I. Basic provisions

 

1. These general terms and conditions (hereinafter referred to as the "GTC") are valid from 1 July 2018 and apply to all contracts for work (hereinafter referred to as the "contract"), the author of which isMgr. Martina Polgar, ID: 08182191, registered office: Přeštická 16, 102 00 Prague 10(hereinafter referred to as "contractor").

2. The client (hereinafter referred to as the "customer" or "customer") is obliged to familiarize himself with these General Terms and Conditions before concluding the contract.

3. The contractor reserves the right to supplement or change these GTC.

4. The copyright holder is Mgr. Martina Polgar. All rights reserved. Photos are subject to copyright law 121/2000 Coll. laws of the Czech Republic.

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II. Legal relationship and conclusion of the contract

 

1. The contractual relationship between the contractor and the client is governed by the applicable laws of the Czech Republic, namely the provisions of the Civil Code, specifically the provisions on the contract for work according to § 2586 et seq. Law no. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code").

2. The contract is concluded after a written or electronic order by the client and subsequent confirmation of this order by the contractor.

3. The contract is valid from the moment it is signed by both parties and is drawn up in two copies.

4. Any changes to the conditions must be attached to the contract in writing as an attachment.

5. The contractor has the right to reject the order if it contradicts his personal philosophy or morals, if it is not defined precisely enough, if it does not comply with the General Terms and Conditions, or if he does not have complete information about the client.

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III. Subject of the contract

 

1. The subject of the contract is the provision of photographic services and the production of works-photographs.

2. The subject of the contract is also the provision of services related to the creation of the work, namely the graphic editing of photographs.

3. The contractor never provides unedited photos.

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IV. Price list

 

1. The current price list is freely available on the contractor's website.

2. The price of the subject of performance is valid from the moment the contract is concluded (paragraph I, point b).

3. The contractor has the right to adjust the price list according to the complexity of the performance.

4. The contractor has the right to demand a deposit from the client.

5. The deposit is used in case of non-compliance with the agreed deadline by the client without a prior apology. In that case, the deposit is forfeited to the contractor without compensation for the new date.

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V. Photo editing

 

1. The contractor always delivers the final edited photos to the client. The client acknowledges that the appearance of the resulting photos may be different from photos with basic editing.

2. Photos with basic editing (hereinafter referred to as "previews") serve the client exclusively as an aid in selecting the required number of photos.

3. Basic photo editing means adjusting brightness, contrast, color, etc.

4. The final selection of photos is made by the client, unless otherwise agreed.

5. The contractor decides on the level of final adjustments.

6. The client has the right to comment on the level of adjustments in writing in the notes before the actual photo shoot.

7. The contractor will try to satisfy the client as much as possible, but the client's comments are not an obligation for the contractor.

8. The contractor will provide the client with finished photos in print and internet quality.

9. The contractor is not responsible for the quality of photos that the client has printed by a third party or by himself.

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VI. Method and date of delivery

 

1. The deadline for the execution and delivery of the order is 14 working days or according to the workload of the contractor, or by agreement with the client.

2. The deadline for the delivery of photos starts from the day after the final selection of photos intended for editing by the client or the contractor.

3. The client has the right to request a shortening of the deadline, and the contractor can comply. This shortening is charged and is only possible for smaller orders of up to 10 photos.

4. The charge is as follows: a) shortening the delivery time to 7 working days is charged +20% of the total price of the order; b) if the client wishes to shorten the delivery period only for selected photos within the given order, this shortening is charged +50 CZK for each photo; c) extreme shortening of the production period, namely 24 to 48 hours, each photo is charged 100% of the total price of the order.

5. In the event of force majeure, when the contractor is unable to meet the delivery deadline, the contractor has the right to extend this deadline appropriately or withdraw from the contract. In no case is the contractor responsible for any damages.

6. The final photos are delivered in digital form, unless the parties agree otherwise.

7. In the case of an increase in the number of photos beyond the scope of the original agreement, the delivery date is extended   and the final price of the work is adjusted based on the complexity and mutual agreement. 

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VII. Rights and obligations of the contractor

 

1. The contractor provides previews of the photo in reduced quality and with the watermark of his brand, namely "Mia Polgar Photography". These previews serve only as an aid to the selection of the final number of photos (para. IV., point b).

2. The contractor makes the selection of photos for previews, and the final selection is made by the client, unless the parties have agreed otherwise.

3. The contractor always supplies the client with the agreed number of edited photos in the highest quality for printing and in the format for the Internet via the WeTransfer Internet link.

4. The contractor may not use the photographs for commercial purposes without the written consent of the client.

5. The contractor reserves the right to non-commercial use of the client's photos for a period of 5 years, after which they will be stored in the archive. In the preparation of further use, the client will be asked for written consent.

6. The contractor has the right to use the photos for promotional non-commercial purposes, the creation of his portfolio and for his own business, namely:​

• posting on your website

• social networks (Facebook, Instagram, Pinterest)

• competitions

• exhibitions

• promotional materials (business cards, gift vouchers)

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VIII. Rights and obligations of the client

 

1. The client acknowledges that the contractor has his own identical style, on the basis of which the client executes the order.

2. The date of the photo shoot is always binding for the client. It can be canceled no later than 48 hours before the actual date. In this case, the deposit will be returned and an alternative date will be offered.  If the client does not do so, the deposit is forfeited to the contractor without the right to a replacement date.

3. In the case of photographing minors under the age of 15, a parent or an adult authorized by him in writing must be present.

4. The client becomes the owner of the work and has the right to its non-commercial and private use after payment of the full amount. Rights to commercial use are negotiated exclusively in writing and within the framework of other contracts. Commercial use without the written consent of the contractor is subject to a fine.

5. Use of the work before payment of the full amount is  considered a violation of copyright and the contractor is entitled to redress according to Section 40 of the Copyright Act.

6. The client does not have ownership rights to unedited photos. Any unauthorized acquisition   and use of them is considered a violation of the copyright law and the contractor is entitled to redress according to § 40 of the copyright law.

7. The client may only publish photos with the contractor's logo.

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IX. Taking photos with animals

 

1. The contractor has many years of experience with animals and   always treats them with respect.

2. The owner is solely responsible for the behavior of the animal.

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X. Other Provisions

 

1. In case of withdrawal from the contract by either party, the client's rights to the work expire. The client returns all copies of the work or destroys them and stops using them. Unauthorized use is considered a violation of copyright law, and the contractor is entitled to redress according to § 40 of the copyright law.

2. Gifts and discounts cannot be combined unless the parties have agreed otherwise.

3. Ownership and risk of damage passes to the client upon acceptance of the work and payment of the full amount for the work.

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XI. Personal data protection (GDPR)

 

1. By signing the contract, the client unreservedly acknowledges that the processing of his personal data, which he provided to the contractor in connection with the conclusion of the contract, is and will be processed by the contractor for the purpose of concluding the contract and its performance with reference to Art. 6. par. 1 letter b) Regulation (EU) 2016/679 on the protection of natural persons in connection with the processing of personal data (general regulation on the protection of personal data). The purpose of the processing is the record of contractual cooperation and the application of any claim. The contractor will process the client's personal data in accordance with Act no. 563/1991 Coll., Accounting Act for 5 years, then the data will be deleted.

2. The client acknowledges that by signing the contract he gives his consent to the processing of his personal data.

3. The client acknowledges that the work will not be performed without providing personal data.

4. The provision of this consent is voluntary and the client may withdraw this consent in writing at any time without giving a reason.

 

XII. Complaints

 

1. The complaint can only be applied to the technical condition of the work, not to the aesthetic appearance.

2. The client applies the claim after the defect has been discovered without undue delay, but no later than within 14 working days of taking over the work.

3. The client applies the complaint in written/electronic form and at the same time explains the reasons for the complaint.

4. The client returns the entire work for complaint and within the frame of this complaint is obliged to provide appropriate cooperation to eliminate the defect.

5. If the contractor recognizes the validity of the claim, he is obliged to remove the defects immediately at his own expense.

6. Defective photos remain the property of the contractor.

7. If the contractor accidentally delivers photos that the client did not select for final editing, the contractor is obliged to process the photos designated by the client free of charge.

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XIII. Withdrawal from the contract and cancellation

 

1. The client has the right to withdraw from the contract and hereby waives the right to the work.

2.  If the client withdraws from the contract no later than 48 hours before the photo shoot date, the deposit will be returned.

3. If the client withdraws from the contract after the photo shoot itself or v the process of processing the work, the deposit is forfeited to the contractor and the client loses the right to this work. The work becomes the property of the contractor. At the same time, the client is obliged to pay the amount for the work already done, ie the number of edited photos.

4. The client has the right to withdraw from the contract if the contractor is unable to complete the work on time.

5. The contractor has the right to withdraw from the contract if the conditions in these GTC are not observed, if the client does not pay the price for the work, if the work is contrary to the ethics and morals of the contractor.

6. ​In the event of non-payment of the invoice for the already completed work, a penalty and interest on late payment will be charged from the first day after the due date.

7. In the case of animal photography, the contractor has the right to withdraw from the contract if the animal is visibly aggressive. In such a case, the contractor bears no responsibility for the resulting damages.

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XIV. Free photography: Time for prints 

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1. ​Time for prints (hereinafter referred to as "TFP") is photography without the right to a fee both for the contractor and for the model.The reward is the photos created together.

2. A model who asks the contractor for TFP is obliged to cover the costs of transportation and studio rental if she wants to take photos there.

3. The payment for the studio rental is sent by the model to the contractor's bank account within 24 hours of agreeing the date of the photo shoot.

4. If the model cancels the photoshoot less than 48 hours before the date, the payment for the rental is forfeited to the contractor. If the model cancels the photo shoot more than 48 hours before the agreed date, the contractor will either return the payment for the rental or agree a new date together. 

5. The model arranges make-up himself or is provided by a contractor for payment.

6. The price for make-up depends on the price list of the particular make-up artist

7. If the contractor approaches the model himself for cooperation, he covers his costs for transportation and make-up.

8. The contractor will send the model a selection of photo previews, from which the model will choose 5-6 pieces, which will then be retouched.

9. The deadline for making and delivering the order is 14 working days or according to the contractor's workload, or after agreement with the model.

10. The deadline for the delivery of photos starts from the day after the final selection of photos to be edited by the model or contractor, if so agreed.

11. The contractor always supplies the model with the agreed number of edited photos in the highest quality for printing and in the format for the Internet via the WeTransfer Internet link.

12. The contractor may not use the photographs for commercial purposes without the written consent of the model.

13. The contractor reserves the right to non-commercial use of model photos for a period of 5 years, after which they will be stored in the archive. V in preparation for further use  will ask the model for written consent.

14. The contractor supplies photos intended for the Internet with their "Mia Polgar Photography" logo and the model may only post photos with this logo.

15. The model must not modify the final photos in any way. Otherwise, it will be viewed as a violation of copyright and the contractor is entitled to redress according to Section 40 of the Copyright Act.

16. The contractor has the right to use the photos for promotional non-commercial purposes, the creation of his portfolio and for his own business, namely:​

• posting on their website www.miapolgarphotography.com

• social networks (Facebook, Instagram, Pinterest)

• competitions

• exhibitions

• promotional materials (business cards, gift vouchers)​