Terms and Conditions

1. Introductory Provisions

These general terms and conditions ("GTC") of the sole trader Mgr. Lucie Nermuťová, registered at Karla Starého 150, Poděbrady, Company ID: 21353468, registered in the Trade Register (hereinafter referred to as the "Photographer"), regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising from the contract for the provision of photographic services (the "Contract") concluded between the Photographer and the customer ("Client").
These terms apply to every contract, order, and confirmation of order.

Before the photoshoot, the Client is informed of these general terms and conditions and confirms agreement with them by booking a date. The Client also agrees to the current price list and the Photographer's creative style chosen for the photographs.

2. Conclusion of the Contract

2.1. Photographic services can be ordered via email, telephone, or through the contact form on the website.

2.2. The contract between the Photographer and the Client is concluded based on an oral or written order that is accepted and confirmed by the Photographer. Essential elements include the subject of performance (especially the subject of photography and price).

2.3. The subject of the photographic service must be clearly and unambiguously defined. If the Client does not accept the Photographer's offer or accepts it with reservations, no contract is concluded. All agreements and requirements must be confirmed in writing or electronically.

2.4. A booking is considered binding only after payment of a reservation fee of 500 CZK, unless agreed otherwise. This fee is deducted from the total service price.

2.5. By ordering photographic services, the Client confirms acceptance and understanding of these terms and the Photographer's style.

2.6. The location of the photoshoot is chosen based on the type of session (natural, urban, or a combination) by mutual agreement.

2.7. The usual photoshoot duration is between 45 and 120 minutes, depending on prior agreement.

2.8. Booked sessions may be rescheduled or canceled no later than three hours before the planned start due to reasons such as bad weather, health issues, or technical problems.

2.9. If the Client cancels less than three hours before the scheduled session, the reservation fee is non-refundable. Rescheduling is possible up to three times; otherwise, the reservation fee is forfeited.
If the Client later does not select any photographs for purchase, the reservation fee is also forfeited to cover time loss.

2.10. If the Client arrives more than 30 minutes late without notice, the Photographer may cancel the session without compensation. The Photographer is not responsible for loss of quality due to late arrivals (e.g., insufficient lighting).

2.11. The Photographer reserves the right to cancel or postpone a session for serious reasons (e.g., illness) and will notify the Client at least three hours prior.

2.12. The order time depends on the Photographer's current workload. It is typically around one week outside the main season and up to three weeks during busy periods (spring, autumn, Christmas).

2.13. The Photographer is not responsible for lack of cooperation from family members or pets during the shoot.

2.14. The Photographer is not liable for accidents or damages during the session unless directly caused by his/her actions.

2.15. The Photographer reserves the right to stop the session if inappropriate behavior toward animals or people occurs.

3. Selection, Payment, Processing, and Delivery of Photographs

3.1. Previews of unedited photographs are usually sent within two working days via an online gallery.

3.2. The Client must select photographs within 10 working days after receiving the gallery. Previews must not be published, downloaded, or edited.

3.3. Once the selection is confirmed, an invoice will be issued and must be paid within seven working days, minus the reservation fee.

3.4. Editing begins after full payment is received.

3.5. Delivery time for final photos is 1–3 weeks after payment, depending on the workload.

3.6. Raw unedited files are not provided.

3.7. Dissatisfaction with personal appearance is not a valid reason for complaint.

3.8. Photographs are optimized for normal viewing; enlargement defects are not subject to complaint.

3.9. Final photos are delivered in two versions: web size (with logo) and full resolution for printing.

3.10. Clients are responsible for backing up their photos. Files may be deleted after three months.

3.11. The Photographer is not responsible for print quality if printed by third parties.

4. Gift Vouchers

4.1. Gift vouchers are valid only after full payment.

4.2. Vouchers have an expiry date. If unused, they become invalid unless extended for an additional fee of 500 CZK.

4.3. Vouchers are transferable but non-refundable unless a replacement is found.

5. Rights and Obligations

5.1. The Photographer reserves the right to use selected images for promotional purposes (website, social media, portfolio).

5.2. Clients may request restrictions on the promotional use of their photos when signing the Contract.

5.3. Photographs may only be used for personal purposes unless a separate commercial license is agreed upon.

6. Payments and Pricing

6.1. Prices are available on the website or agreed individually.

6.2. Payments are made by bank transfer based on an invoice.

6.3. In case of delayed payment, delivery may be postponed or canceled.

7. Complaints

7.1. Complaints must be submitted in writing within 7 days of delivery.

7.2. Complaints are handled within 30 days.

7.3. Only serious technical errors caused by the Photographer may be subject to correction.
Creative interpretation is not a valid reason for complaint if the style was previously presented.

7.4. Once a final version is approved, no further complaints are accepted.

8. Copyright and Usage Rights

8.1. Copyright remains with the Photographer, even for purchased files or prints.

8.2. The Photographer may use the photographs freely unless otherwise agreed in writing.

8.3. Clients must request limitations before the photoshoot if they want them.

8.4. Further editing of purchased photographs is prohibited.

8.5. Clients acquire the following rights:

Private use: printing and sharing for non-commercial purposes.

Online sharing: only web-optimized photos with logo.

Commercial use: allowed only with prior written agreement.

Third-party sharing: not permitted without written consent.

9. Data Protection

9.1. Personal data are processed solely for contract fulfillment, in compliance with GDPR.

9.2. Personal data will not be shared without explicit consent unless required by law.

10. Final Provisions

10.1. These terms come into effect on October 1, 2024.

10.2. The Photographer reserves the right to update these terms with at least 14 days' notice.

10.3. Both parties agree to strive for an amicable resolution of disputes.

Mgr. Lucie Nermuťová, Photographer
Effective Date: October 1, 2024