Your Photo Memories of Barcelona

In the following conditions of the contract “THE PHOTOGRAPHER” shall mean one of the photographers from BARCELONA PHOTOGRAPHERS' team. “THE CLIENT” shall be the one whose name appears on the contract. If THE CLIENT arrange for a third party to meet the costs of this contract the contract remains with THE CLIENT. The contract is subject to the conditions below and cannot be varied in any way by THE CLIENT unless expressly agreed by BARCELONA PHOTOGRAPHERS in writing.

Copyright

The photographs, digital negatives or prints produced by BARCELONA PHOTOGRAPHERS are protected by the 1996 “Ley de Propiedad Intelectual” (“Copyright Law”) and by the international laws, and may not be reproduced in any manner without BARCELONA PHOTOGRAPHERS explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:

1. All photos provided by BARCELONA PHOTOGRAPHERS are property of BARCELONA PHOTOGRAPHERS and may not be used in any media without permission or transfer of right specified in writing between BARCELONA PHOTOGRAPHERS and THE CLIENT.

2. The selected images are the property of THE CLIENT for personal use ONLY and for the purposes of the reproduction and distribution of photographs to friends and relatives.

3. THE CLIENT must obtain written permission from, and compensate BARCELONA PHOTOGRAPHERS prior to an event where THE CLIENT, THE CLIENT'S relatives publish or sell the photographs for profit.

Display

1. The Clients hereby allow the photographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the clients.


2. In case THE CLIENT doesn't want for any reason the images to be displayed as mentioned above, THE CLIENT must notify BARCELONA PHOTOGRAPHERS in advance. BARCELONA PHOTOGRAPHERS will add that clause to the contract.

License and Coverage

1. The photographers shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the CLIENT'S requirements, the photographer's professional judgment shall inform artistic license in relation to the poses photographed, the locations used and the number of photographs taken.

2. For photo sessions involving such places as cathedrals, museums etc., photographers movements are sometimes restricted: photographing of parts or even all of the visit may be restricted or prohibited, as may the use of artificial lighting. The photographer cannot be held responsable for the limited coverage in such cases.

3. Whilst the photographer shall endeavor to fulfill all the CLIENT'S requirements, he cannot be held responsible for non-availability of locations or unforeseen conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

4. Any alterations made to the booking by the CLIENT once details have been confirmed may only be made at the discretion of BARCELONA PHOTOGRAPHERS. If unable to accommodate alternative arrangements (such as the change photo session's date or venue) BARCELONA PHOTOGRAPHERS are not liable to compensate the CLIENT in any way whatsoever.

Image Reproduction

1. When processing images, BARCELONA PHOTOGRAPHERS will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye.

2. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.

3. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.

4. Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.

Payment, Prices and Contract

1. Payments with reservation.

a) A deposit of 25% of final price is required to make a booking for a specific time and date, BARCELONA PHOTOGRAPHERS will not accept any other work from other clients for those times and dates. The deposit payment is made by Pay Pal or by Bank Transfer. By making the payment the CLIENT agrees with these Terms & Conditions. After the deposit is made replying e-mail confirms our electronic signature, meaning the reservation has been made and is equivalent to having signed the contract. The contract (including all the photo-session(s) details) will be signed in person during our first meeting.

b) The next 25% of total price is due to be paid during the first meeting (a one hour consultation).

c) The balance is due to be paid during the last photo-session.

2. Payments “last minute” (BARCELONA PHOTOGRAPHERS can not guarantee the availability)

a) 50% of total price is due to be paid during the first meeting (a one hour consultation), when signing the contract.

b) The balance is due to be paid during the last photo-session.

3. Prices are subject to change without notice. Prices agreed at time of booking will be guaranteed

4. All additional costs for the photographer during all photo-shoots (entry fees, transportation, accommodation, food, etc.) will be paid by CLIENT.

5. All the prices apply for service within Barcelona City. For service outside of Barcelona please contact BARCELONA PHOTOGRAPHERS.

6. All the prices refer to groups up to 8 persons. For groups over 8 persons extra charge may apply.

7. All the final payments shall be made in cash.

Assignment of project

BARCELONA PHOTOGRAPHERS reserve the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Limit of Liability

1. In the unlikely event of sever medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. BARCELONA PHOTOGRAPHERS will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

2. BARCELONA PHOTOGRAPHERS take the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment. However, in the unlikely event of CLIENT'S digital negatives (original files) being lost, stolen or destroyed for reasons within or beyond BARCELONA PHOTOGRAPHERS control, the latter's liability is limited to the return of all payments received. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

Non-Guarantee

Although every possible care will be taken to produce photographs of all important and special moments during the event, BARCELONA PHOTOGRAPHERS cannot place an unconditional guarantee on the above. BARCELONA PHOTOGRAPHERS will not be held responsible for any missed moments or ruined photographs due to clients' (or any other) flashes or any other cause in or outside of BARCELONA PHOTOGRAPHERS' control.

Severability

If any of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

Cancellation

1. In the event of cancellation by BARCELONA PHOTOGRAPHERS, BARCELONA PHOTOGRAPHERS' liability shall be limited to a full refund of any deposits and fees paid.

2. If the CLIENTS should have to cancel a booking the following cancellation fees will become due immediately:

• The booking deposit of 25% of final price will be forfeited on cancellations made within 14 days prior to the first photo session.

3. In the event of postponement, than at the discretion of BARCELONA PHOTOGRAPHERS, and subject to availability, a re-booking fee may be applied to the new agreement.

4. It is essential to inform BARCELONA PHOTOGRAPHERS as soon as possible of any changes of venue, times, or contact details etc.

Delays

1. If the CLIENT arrives late the photo-session will end at the pre-arranged time and if additional time is needed extra cost may apply.

2. If photographer arrives late the photo session will be extended in proportion.

Final Delivery

• The BOOK will be delivered to the provided direction within 4 weeks after the last photo session.

• Web gallery will be ready within 7 days after last photo session.

For further details please contact us.