TERMS & CONDITIONS: PHOTOGRAPHY & VIDEOGRAPHY
We will always do our best to fulfil &, hopefully, even exceed your Photography or Videography needs. But it is often best for everyone to have a few things written down so that we both know what is what, who does what & when, & what happens if something goes wrong.
As is the industry standard, all our photography & videography services is conditioned upon the Terms & Conditions of our business. These terms may vary with each photo assignment. A Terms & Conditions will be included with every Quote/Proposal & Invoice.
Here is a look at our General Terms & Conditions. Remember that these may not all apply in every situation & are subject to change, depending on the job at h&.
In these Terms & Conditions the words ‘REDPiXL Photography’, ‘Redpixl’, ‘we’, ‘us’, ‘our’, ‘The Photographer’ & ‘ours’ refer to REDPiXL Photography.
“The Client” is any person, body of persons, Firm, or Company with whom Redpixl enters into a contract or agreement for the sale of goods or provision of services by us.
These Terms & Conditions apply to all photographs, videos & associated audio products created by Redpixl, including all moving & still images & sound recordings of whatever form.
ACCEPTANCE OF TERMS & CONDITIONS:
All contracts & transactions between us & the Client whether made orally or in writing are subject to these terms & conditions which shall be deemed to be incorporated into any contract between us & all or any of its Clients.
The content & images used on this website are the property of & copyright by Redpixl. Certain images may be utilized on other websites under the control of Redpixl. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Redpixl Photography & Videography &/or the creator of the work.
- It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods & logos, use of intellectual property, imagery, sound recordings & any other copyrighted material which will form part of the final photograph or video production.
- No liability will be accepted by Redpixl for & delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
- Where copyright material is provided by the client for incorporation into a Redpixl product, permission must be obtained from the original copyright owner / material provider.
- Many private venues/businesses charge a photography permit fee. The client is responsible for the payment of such fee. In the event clients fail or refuse to pay for any such permit fee despite having been informed by the us that such fee is required, client is responsible for any & all related costs or fines if applicable.
PRODUCTION & POST-PRODUCTION:
All works undertaken will be as per Redpixl written or electronically sent quotation based upon the agreed brief. It is the Client’s responsibility to ensure that this is thoroughly read & understood prior to booking. Any amendments or additional days photo-shoot or filming will be charged at our current daily rates.
Clear access for video & sound capture shall be arranged & managed by the Client. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew & supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
Redpixl takes Health & Safety matters seriously & we reserve the right in all instances to remove any of our personnel & / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour. In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. Redpixl will observe the site safety rules at all times & will liaise with the appropriate Responsible Person(s).
1. TERMS OF PAYMENT:
- Prices are quoted in Indian Rupees (₹).
- Price validity: 15 days.
- Payment terms: 50% upon order confirmation, 50% upon sharing of post processed watermarked low resolution files. Following the complete payment, High resolution post processed images shall be released.
- Prices are exclusive of any prevailing taxes.
- 30% charge will be incurred if order is cancelled after 48 hours upon confirmation &/or before confirmed due dates whichever falls first.
- There will be 5% surcharge on the amount outstanding after 20 days.
2. DELIVERY LEAD TIME:
- Photos: Standard – 8 working days (no additional charge).
- Express – 1 to 2 working days (100% extra charge from original editing cost).
- 3 to 4 working days (70% extra charge from original editing cost).
- 5 to 7 working days (50% extra charge from original editing cost).
- Videos: Based on agreed timelines between The Client & Redpixl.
3. FORMAT & DELIEVRABLES:
- Photos: Hi-res & Low-res JPEG format. Softcopy to be transferred via online storage platform
(e.g. wetransfer.com or Google Drive).
- Videos: HD 1920×1080, MP4:H264 & Quicktime:H264. Softcopy to be transferred via online storage platform (e.g. wetransfer.com or Google Drive).
- If deliverables are too huge for online transfer, The Client will need to provide a portable hard drive for transfer. The Client shall bear any courier cost for this.
- Redpixl policy does not allow raw photos or raw footage to be given to The Client unless agreed upon prior to confirmation of quotation.
If manpower hours goes beyond as stated in quotation, Redpixl will charge The Client the additional costs accordingly unless stated otherwise.
The Client shall pay all quoted expenses & all expenses arising from any alteration of the original job description (e.g. parking fee, courier fee).
6. COPYRIGHT & OWNERSHIP:
Photographs are protected under copyright law as artistic work under Section 2(c) of Copyright Act 1957 in India. Ownership of & all local & international copyright in the photograph & video are retained by Redpixl. Rights to the photographs & videos may not be released or assigned to any third party unless a mutual agreement has been reached between Redpixl & the Client. For completed jobs, Redpixl retains the rights for portfolio usage (inclusive of websites & other online media platforms) unless specified by Client for confidentiality.
7. ARTIFICIAL LIGHTING:
Redpixl makes no guarantee, either expressed or implied, in regard to the quality of the Images, if the artificial lighting provided by the clients at the venue is unsuitable or too dark for photography or filming. It is strongly advised by us to avoid any use of coloured LED lighting or any other form of coloured or flickering lighting in the ambient areas, sitting areas or performance areas for the wedding. Coloured lighting if any should be restricted to the peripheral decorations only. Bright & even lighting should be provided in all ceremony & guest areas. We do not use a flash for shooting c&id or creative shots.
8. FINAL PRODUCT:
It is also understood that the Client is hiring Redpixl for our technical & artistic expertise &, therefore, Redpixl reserves the right to edit the Images as it sees fit. We do not guarantee that everyone involved in the event will be photographed or will be included in the final Images or videos.
9. PHOTOGRAPHER SUBSTITUTION:
We may substitute another photographer to take the photographs in the event of our Photographer’s illness or circumstances beyond our control. In the event of such substitution, Redpixl warrants that the photographer taking the photographs shall be a competent professional. Under normal circumstances a second photographer from the Photographer is there for the day anyway & this photographer will then shoot the day on his/her own. If both photographers are unavailable & a replacement photographer cannot be found then liability is limited to a refund of any payments received.
10. EXCLUSIVE PHOTOGRAPHER & VIDEOGRAPHER:
The Photographer & videographer shall be the exclusive retained by the Client for the purpose of documenting the premises/wedding/event/real estate/corporates/interviews etc. & other contracted event(s). Family & friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere (standing in front of or behind the photographer), with the Photographer’s. It is most preferred when all guests are requested not to photograph the wedding.
Redpixl & any of its agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to accident, loss of materials, acts of god, equipment or other failures. We have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. Redpixl is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, & the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film & digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. Client understands the unpredictable & non-posed nature of photojournalism (assumption of risk) & waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress & negligence). In the event the Photographer fails to perform for any other reason, the Photographer‘s liability is limited solely to the return of all payments received from the Client or part thereof according to the percentage of images supplied under this Agreement.
12. ADVERSE WEATHER CONDITIONS:
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful photo, video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
13. EQUIPMENT SUBSTITUTION:
In the event that Redpixl experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment &/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, & no further claims or liability will be accepted.
14. DIGITAL FILE QUALITY:
- Redpixl is committed to providing high-quality services. Unless otherwise specified, we may deliver, & Client agrees to accept, the Image(s) encoded in an industry-standard data format that we may select, at a resolution that we determine will be suitable to the subject matter of the Image(s) & the reproduction technology & use(s) for which the Image(s) is licensed.
- Due to variances in monitor calibrations, software, & computer platforms, digital files may display differently on different monitors. Therefore, neutrals will be set for mathematical neutrality & color will be adjusted for pleasing tonalities.
- It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality & color accuracy, & that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Our sole obligation will be to replace or repair the data, but in no event will we be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
15. MODEL RELEASES & FEES:
Redpixl will provide approved model release forms for the talent to sign. The Client shall be responsible for all payments to all required talent.
The Client shall indemnify & hold Redpixl harmless against all claims, liability, damages & expenses incurred directly or indirectly in connection with any third party claim arising from the usage of the photographs/video/audio/logo etc. or costs arising from the use of such material, without time limit.
17. APPLICABLE LAW:
- If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement & shall not affect the validity & enforceability of any remaining provisions.
- The terms of this agreement are exclusively based on & subject to Indian law. You hereby consent to the exclusive jurisdiction & venue of courts in Bangalore, Karnataka, India in all disputes arising out of or relating to the use of this website or Agreement. Copyright Redpixl. All rights reserved.
All Terms & Conditions stated within this document are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means. This document shall be taken as an agreement between the Client & Redpixl under Indian law.