Photography - Terms & Conditions
(Effective as from 26th July 2022)
1. This Photography Terms & Conditions is only between SK'EYES LTD and the future newlyweds or wedding planner or any party responsible of the payment.
2. Payments - An non-refundable reservation fee of 50% of total amount is required to hold shooting dates and pre-production planning, 25% of the payment must be done at the latest one week before the wedding date and the remaining 25% must be completed upon delivery of the final product(s).
3. Artistic Release - i) While choosing SK’EYES LTD services, the client is considered to agree and accept its photography style and colors.
ii) Photo editing consists of basic retouching of contrast, brightness, saturation and cropping only. It does not imply any ‘photoshop-editing’.
4. Delivery of Finished Product - i) Clients will receive the link to their private wedding album as well as the code to access it via email. Clients are also welcome to pick up their USB Drive, printed phots and/or photobook (if applicable) in person or a representative of SK'EYES LTD may deliver the products upon agreed condition.
ii) Delivery options are: private online album, USB Drives, printed photos and photobooks (depending on chosen package).
iii) Final product should be ready within 1 month after the event’s date but may vary depending on availability and wedding seasons. In case of any delay, SK'EYES LTD should inform client accordingly.
5. Postponement/Cancellation - i) In case of a postponement of the event, the reservation fee is not refundable. If the event is postponed for not more than 3 months, then SK'EYES LTD should consider moving to the postponed date upon its availability. If event is postponed for more than 3 months, then the event will be considered as cancelled. Postponement must be communicated at least 14 days prior to the event. Failure to do so, will result in a postponement fee of 10% of the chosen package.
In the event of postponement, SK'EYES LTD will use commercially reasonable efforts to accommodate Client’s change. If SK'EYES LTD is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that SK'EYES LTD will be under no obligation to perform the Services other than on the original date of the Wedding.
ii) In case of cancellation of the event, the reservation fee is not refundable.
iii) SK'EYES LTD reserves the right to cancel the booking in case of events outside of our control (sickness, injury, death, quarantine, etc...). In this case, client will receive a 100% refund of the booking made within 2 months.
6. Liability - SK'EYES LTD liability is limited entirely to the reservation fee and any deposits paid. SK’EYES LTD should not be held responsible for any event or act considered as "outside the control of SK'EYES LTD", for example any natural disaster or any event/person compromising the event’s planning. SK'EYES LTD shall not be held liable for injury or damages exceeding the value of this agreement.
7. Assigns/Substitutions – i) It is the sole responsibility of SK’EYES LTD to assign the role of each photographer.
ii) Client will not be required to supply any photography equipment to Photographer.
iii) SK'EYES LTD will ensure that the services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.
iv) In the event of illness or any reason beyond the control of SK'EYES LTD, SK'EYES LTD reserves the right to substitute for the photographer(s) assigned. In the unlikely event that no substitute is obtained, SK'EYES LTD shall terminate this Agreement and shall return the Deposit and all fees paid by Client, and thereafter shall have no further liability to Client.
8. Authorization- i) All authorizations and fees to access wedding venue(s) will be on the client's responsibility.
ii) It is also the sole responsibility of the client to make sure that the use of drone (if applicable) is authorized at the wedding venue(s).
iii) The SK'EYES Team reserves the right to refuse using drones in flight restricted zones.
9. Production - i) SK'EYES LTD ensures maintenance of equipment and backup of data. In the unlikely case of an equipment failure or data lost by corrupt file(s), SK'EYES LTD will not be held responsible but ensures to encounter any possible actions to recover the data and take responsibility for any applicable charges.
ii) Lighting at event location(s) should not be too dimmed. Laser lights and excessive smoke from smoke machines are not recommended. Failure to accommodate lighting requirements will cause grainy, unclear images and limited coverage.
iii) Any third party should not interfere within the existing deal between the client and SK’EYES LTD.
iv) All photos will be representative of the actual event. SK’EYES LTD does not take responsibility for any unexpected situation, event or person which may compromise the photo shooting.
v) SK’EYES LTD reserves the right to refuse shooting in case where SK’EYES LTD properties or staffs are at risk (for example rain, fire, storm, big wind, or dangerous/inaccessible places), but the team remains open to find another option together with the newlyweds.
vi) SK'EYES LTD reserves the right to terminate coverage and leave the event if member(s) of the team experience hostility, inappropriate or offensive behavior from any person at the event.
vii) SK’EYES LTD is ready to work up to a cyclone Class 2 alert. In case of Cyclone Class 3, the team will not be able to be present at the event or will immediately stop working and leave if the event has already started.
viii) In the unlikely case that a huge traffic, flash floods, riot, strike, pilgrimage, or any other event prevents SK'EYES LTD from attending the event on time or not attending it at all, SK'EYES LTD should not be held responsible and shall inform the client accordingly.
ix) SK’EYES LTD reserves the exclusive right to capture the client’s event.
10. Meals - When the number of hours that Photographer will be providing the Services is expected to exceed 5 hours in duration, Client accept to provide a meal to SK'EYES LTD Staffs. In case that Client has not plan to do so, SK'EYES LTD Staffs will absent themselves from the event for a maximum of one hour to have an appropriate meal.
11. Rights – i) The general rule under copyright law (Copyright Act 2014) is that the creator of an image (the photographer) owns all rights to it. After the final payment, the clients will have all the rights to print, use, publish and make copies of their photos. However, SK'EYES LTD remains the image creator.
ii) For advertising purpose, some photos may be used on our social networks (Website, Facebook & Instagram) and printed or displayed on brochures, magazines and any other platform.
iii) SKEYES LTD shall abide to any Government Law in force at the date of the event.
12. Model releases - Client must ensure that all the guests present at the event accept being photographed.
13. Usage - Clients receive the final edited JPEG format photos only. The raw files remain with SK'EYES LTD.
14. Collaboration – i) SK'EYES LTD will work closely with the client to deliver the final product. Clear and efficient communication between the client and SK'EYES LTD is key to getting a project done on time and within the budget.
ii) Every effort must be done by the client and SK’EYES LTD to reach the expected final result.
15. Compatibility - SK'EYES LTD delivers every photo in standard High Quality JPEG format. Final delivery will be on a private online album and/or a USB Drive 2.0 up to 32 GB. SK'EYES LTD is not responsible for incompatibility with this format and client's player.
16. Archival - i) SK'EYES LTD will keep all event/project data on its database for 7 days after final product delivery. Archival beyond that time is the client’s responsibility.
ii) If final products have not been collected 6 months following the event and the client does not show any interest in receiving them, all raw footage and final product should automatically be deleted.
ii) If the client wants to postpone the delivery of the final products, an official request must be made to SK’EYES LTD. An additional storage fee may be applicable.
17. Epidemic/Pandemic Outbreak
Here is the different arrangements in case of an epidemic, pandemic outbreak or any similar cases (Ex: COVID-19):
Booking - Booking will be done through online discussions, bank transactions, and telephone exchanges only.
Delivery - Delivery of photos will be done online only. If public gathering is not recommended or prohibited, delivery time will be postponed until further notice. Wedding photos, will be kept until it is safe to proceed with deliveries.
Postponement / Cancellation - In case of a postponement of the event, the reservation fee is not refundable. However, postponement time will be extended from 3 to 5 months (see Term 5 above). If the event is postponed for not more than 5 months, then SK’EYES LTD should consider moving to the postponed date upon its availability.
Safety - i) SK’EYES LTD reserves the right to refuse shooting at an event in the case where its staffs are at risk, but the team remains open to find another option together with the newlyweds.
ii) For their safety, staff may be wearing masks and/or any other protective equipment at the event.
Providing photography as a service, we cannot ignore the facts that it is an art and like all arts, it is subjective. As Sara Blecher explains: “Art is incredibly subjective. What is great art to one person isn’t necessarily to another”. This is the reason why we encourage discussions and/or meetings prior the event. All personal requests (photos not to be missed, example of photos) if any, must all be communicated before the event.
According to Piet Mondrian, “the only problem in arts is to achieve a balance between subjective and objective”. However, our team is fully dedicated to meet your expectation to the best we can. If you have special demand concerning your photos, we encourage you to prepare for same in terms of venues, accessories & all related details, so your wedding photos can fulfill your expectations.