PORTRAITS AND BUSINESS PHOTOGRAPHY BY IMGAR LIBUY
Terms & Conditions
This web page is provided by Imgar Libuy in Amsterdam, The Netherlands.
Managing Director: Mrs. Imgar Libuy
Commercially registered: Netherlands Chamber of Commerce: 80291031
By accessing Imgar Libuy Photography web page and booking a session, all visitors agree to the following terms. This page explains the terms of service. Throughout this site, “The Photographer” refers to Imgar Libuy Photography.
1.1. Thank you for visiting Imgar Libuy Photography website. By accessing and browsing this website, visitors accept without limitation or qualification these Terms and Conditions and all applicable laws set out herein. Please read the Terms and Conditions carefully.
2.1. The Photographer agrees to reserve the scheduled session date and time to provide the client with the service of a Photoshoot Session.
2.2. Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this session. The Photographer is not responsible if key individuals fail to appear or cooperate during photo sessions or for missed images due to details not revealed to The Photographer.
2.3. The client warrants that he or she has actual authority to agree to the use of the likeness of all persons included in portrait(s) and shall indemnify and defend The Photographer in the event of litigation arising out of such use.
2.4. Session fees: The client agrees to pay The Photographer a session fee of 50% of the full amount at the time of booking via online bank transfer to secure their appointment date and time. This is a refundable fee if the client wants to cancel the session and gives at least 48 hours of notice.
2.4.1. COVID session fee refund: Half of the booking fee is refundable. This means if The Client needs to cancel the booking 24 hours before the photo shoot, The Client can have half of the session fee back.
2.5. The Photographer will take photographs of the client during the photo session(s). Within 7 days of final payment being made, The Photographer will give to the client online access to a password-protected web gallery of proofing images. Images will be low-resolution proofs with watermarks for online viewing only. The client will have access to the proofing gallery for 7 days. The Photographer will deliver the final images via an online file transfer service within 7 days of client's notification of final selection. The final images will include retouching.
2.6. The client understands and agrees that The Photographer will deliver, for the number of images previously, agreed retouched full-resolution images (per session) at 300 DPI via an online file transfer service. This does not apply to Profile Portrait. The Profile Portrait images (per session) will be retouched and delivered at 72 DPI via an online file transfer service.
2.7. The client understands and agrees that low-resolution images in the online proofing gallery may not be reproduced or distributed or printed by any means whatsoever.
2.8. Location Costs & Fees: If there are any costs / fees associated with the location the client has chosen for their session, the client will be responsible for those fees. The Photographer will not guarantee or arrange payment on any location.
3. Copyright and Licensing of Images
3.1. All images given to the client are Royalty-free (RF) licenses.
4.1. The client agrees to pay for the session in full by the session date via online bank transfer.
4.2. If the client wants, can purchase extra photos edited and retouched for €15.- per photo.
5. Rescheduling and Cancellation
5.1. If an illness or situation prevents a photo session from taking place, the client may reschedule their session at least 48 hours prior to their shoot without penalty. If the client fails to give 48 hours notice, decides to completely cancel the shoot or non arrival on the date of the session (no show), this session fee is forfeited and will not be refunded. The Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
6. Limit of Liability
6.1. Services provided are non-refundable.
6.2. If for any reason the client is not entirely satisfied, please communicate with The Photographer immediately so the issue can be resolved.
6.3. Re-shoots are determined at the discretion of The Photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
6.4. After three (3) months, all images will be purged from The Photographer's hard-drive, except as needed for promotional purposes, to be determined by The Photographer at Photographer's sole discretion. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond The Photographer's control, Photographer's liability is limited to scheduling a new session in order to complete services paid for. The Photographer is not responsible for refunding any fees or any other expenses or fees paid by the client to any third party such as a makeup artist.
6.5. The client understands and agrees that The Photographer is not responsible for or liable in any way for any damage to or loss of client's belongings or for any personal injury to client before, during or after the session.
6.6. The client shall indemnify, defend and hold harmless to The Photographer and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.
6.7. Visitors are prohibited from using or transmitting any image on this website (including uploading another individual’s private information without the concerned individual's consent) or violate the legal rights of other individuals; using this website to defame or libel The Photographer, its employees, or other individuals by acting in such a way that brings into disrepute the good name of The Photographer and uploading files that contain viruses that may cause damage to the property of The Photographer or the property of other individuals.
6.8. Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement.