Terms and Conditions

These Terms and Conditions govern the provision of photography services by Ksenia Markart Cinematic Photography (“Photographer”) to the client (“Client”). By booking the Photographer’s services, the Client agrees to the following terms:

1.    Booking and Deposit

- A deposit of 50 € is required to secure the booking and the date of the photography service.

- The booking is only confirmed once the deposit is received. Until then, the Photographer reserves the right to accept other bookings for the same date.

2.    Payment Terms

- Deposit: A  deposit of 50 euros is required upon booking to secure the service. The deposit amount will be deducted from the final payment.

- 50% of the total price must be paid on the day of the photo session

- Final Payment: The remaining balance is due upon delivery of the final images unless otherwise agreed in writing.

- Payments can be made by PayPal /bank transfer

3.    Service Provided

- The Photographer agrees to perform professional photography services on the date, time, and location agreed upon by both parties.

- The type of photography service, such as event, portrait, or commercial, will be specified in the written agreement.

- The Client will provide the necessary details of the event or project (schedule, specific shots required, etc.) at least 21 days prior to the event.

- The Client will provide the digital examples of the photos needed otherwise Photographer shoots in cinematic mode and also postprocess in less saturated colors, with cinematic less sharp and grainy look. Please check my portfolio beforehand.

4.    Copyright and Usage Rights

All images, videos, and other creative works produced by the Photographer are protected by Italian copyright law (Law No. 633/1941). The Photographer retains full ownership and copyright of all images unless otherwise agreed in writing. 

- Personal Use License: Clients are granted a non-exclusive, non-transferable license to use the photographs for personal, non-commercial purposes, such as printing or sharing with friends and family. 

- Commercial Use: Commercial use of the images, such as for advertising or marketing purposes, requires explicit written permission from the Photographer and may be subject to additional fees.

- The Client agrees not to alter, edit, or manipulate the images in any way without the Photographer’s consent.

5.    Photographer’s Rights to Use Images

- The Photographer reserves the right to use the images for promotional purposes, including, but not limited to, website galleries, social media, and print marketing, unless the Client specifically requests otherwise in writing.

- If the Client does not want their images used for promotional purposes, they must notify the Photographer in writing prior to the photo shoot.

6.    Cancellation and Rescheduling

- Cancellation by Client: The Client may cancel the booking in writing. If the cancellation occurs less than 21 days before the agreed date, the deposit will not be refunded.

- Cancellation by Photographer: In the unlikely event that the Photographer must cancel the services due to illness or other unforeseen circumstances, the Client will be offered a full refund of any payments made.

- Rescheduling:  If rescheduling is required due to circumstances beyond the Client’s control (e.g., weather conditions), the Photographer will make every effort to accommodate a new date, subject to availability.

7.    Force Majeure

Neither the Photographer nor the Client shall be held liable for failure to perform their obligations under these Terms if such failure is caused by circumstances beyond their control, including but not limited to natural disasters, government restrictions, or acts of God. In such cases, both parties will work together to reschedule the services as soon as practicable.

8.    Conduct

The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.

9.    Limitation of Liability

- The Photographer shall not be liable for any damage, loss, or injury caused by unforeseen events, including equipment failure, accidents, or issues caused by third parties (e.g., venue conditions).

- In the event of lost or damaged images, the Photographer’s liability is limited to a full refund of all payments made by the Client. The Photographer is not liable for any additional compensation, including emotional distress.

10.  Delivery of Photographs

- The Photographer will provide the edited photographs in digital format (JPEG), unless otherwise agreed upon (e.g., printed copies, USB drive). 

- The estimated delivery time is 3 weeks maximum  after the photography session/event, depending on the scope of the project. Fast delivery of photos is subject to additional charges (plus 100 euro lowest price)

- Delivery methods (online gallery, USB, etc.) will be agreed upon in advance. Any additional delivery charges will be clearly communicated to the Client beforehand.

- All photos are protected by watermarks and closed for downloading until the final payment made. It is only possible to watch them in online cloud gallery. After Photographer receives the payment, Photographer opens the gallery for downloading without watermarks.

- Transfer of digital RAW format copies of the images is subject to additional fees

11.  Image Retention and Backup

- The Photographer will retain copies of the final images for 3 months but does not guarantee permanent archival of the photos. Clients are advised to make their own backups of the delivered images.

- The Photographer is not responsible for lost or damaged images after they have been delivered to the Client.

12.  Privacy and Data Protection (GDPR Compliance)

- The Photographer will handle the Client’s personal data in compliance with the General Data Protection Regulation (GDPR) (EU Regulation 2016/679) and Italian Legislative Decree No. 196/2003 (Personal Data Protection Code).

- The Client’s personal data, including contact information and any images that may identify individuals, will only be used for the purpose of providing the photography services.

- The Photographer will not share the Client’s personal data with any third parties without consent, except as necessary for fulfilling the terms of the contract (e.g., delivering the images).

- Clients have the right to request access to or deletion of their personal data at any time by contacting the Photographer.

13.  Changes to the Terms

The Photographer reserves the right to update or modify these Terms at any time without prior notice. Clients are encouraged to review these Terms regularly to stay informed of any changes.

14.  Client’s Responsibilities

- The Client agrees to ensure that the Photographer has access to the event location and is provided with all necessary permits or permissions to shoot, where applicable.

- The Client will inform the Photographer of any restrictions or limitations regarding specific people, areas, or events to be photographed.

- The Client is responsible for securing permission for the use of copyrighted music, artwork, or logos in the photos, if applicable.

15.  Governing Law and Jurisdiction

These Terms are governed by and interpreted in accordance with Italian law. Any disputes arising out of or related to these Terms shall be submitted to the exclusive jurisdiction of the courts of Bolzano, Italy.

16.  Agreement

By proceeding with the booking and paying the deposit, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.

Last edited 13/04/2025