Your privacy & Terms & Conditions
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For any inquiries, please contact us at
Carlota Stewart Photography
info @ familyphotos.at
Terms and Conditions
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking,
- Fees and Payment: You must pay a 50% of the total session fee as a retainer in accordance with the terms of payment specified at the time of booking. The rest of the fees are due 5 days before the date of the photoshoot. These must be received in full in order to see your gallery and download your included files. The total session fees are only refundable in accordance with our Cancellation, Rescheduling, Lateness and Refund Policy set out below. When you submit this form, you'll be redirected to the payment section to complete the retainer payment.
- Photoshoot: We will use all reasonable endeavours to hold the photoshoot on the photoshoot date, at the photoshoot location agreed, subject to our cancellation, rescheduling and refund policy set out below. Due to the nature of the subjects of the photographs we take during your photoshoot, we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the photoshoot. However, we will conduct the photoshoot using professional skill and care. In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the photoshoot, but the photographer retains absolute discretion as to the nature of the photographs.
- Photographing children and babies: There must always be a parent or guardian of any children present, at photoshoots. The Photographer will make a good faith effort to achieve Client's desired results. However, photography is a subjective art form. Babies can be unpredictable, hunger, tiredness, upset stomachs, etc and children may experience behavioural or attention-related problems during the Session. Client acknowledges that Carlota Stewart cannot guarantee any particular results such as smiles or poses, including Client's desired results. If the Client's child cannot cooperate during the session, is responsible for full payment under this Agreement. Carlota Stewart is not responsible for undesired child mannerisms including, but not limited to, type of smile, crying, shyness, grumpy, non-cooperation, or refusal to take photos.
- Packages and Artwork Products: Following your photoshoot, we will prepare and make available a selection of images from your photoshoot in a watermarked private online gallery. We aim to have your proofs gallery ready within 2-3 weeks of the photoshoot date but during busy periods this timeframe may be extended. The number of photographs in your proofs gallery will vary from session to session and will have been communicated to you at the time of booking. We will take into consideration your specific requests as regards the contents of your proofs gallery, but we retain absolute discretion regarding: which photographs we include in your proofs gallery (it being acknowledged that not all photographs taken during the photoshoot will be included); and the application of any digital editing to any photographs. Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We may need to refer certain retouching services to our third-party partners. We will advise you of the costs upon request. Please note that we do not provide raw images or unedited straight out of camera images.
- Customer Cancellation: You have a legal right to cancel a photoshoot session within 72 hours from booking, provided the photoshoot has not already happened. After the 72 hours period, you will forfeit the 50% retainer and it will serve as a cancellation fee. As previously stated, the fee can be credited towards a future session if rescheduled the appointment by calling 72 hours prior to the date of session and re-booking at an agreeable date and time. Refunds are not available for lateness or unreasonable cancellations. Lateness will result in the session either being cancelled or shortened. Time will not be compensated if is late. For example, if you arrive 20 min late, the session will be reduced by 20min, so we strongly recommend planning to arrive at least 10-15 minutes early to account for any transportation issues, parking etc. This will have an implication on how many photos will be delivered at the end and a full gallery cannot be promised. At my sole discretion and time availability, I could extend the sessions at 2€ per extra minute. Please note there is also an improved cancellation policy in the case of COVID-19 related cancellations.
- Rescheduling: Requests to reschedule by Clients for any reason is at the discretion of Carlota Stewart. An additional €25 rescheduling fee must be paid by the Client on making a rescheduling request and Carlota Stewart will be entitled to retain all amounts paid under this contract until the rescheduled photoshoot. The rescheduled session must be within 2 weeks of the original session date (or a longer period as agreed by Carlota Stewart and Client in writing) and is subject to the availability of Carlota Stewart
- Carlota Stewart Cancellation: If Carlota Stewart Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then Carlota Stewart shall return the retainer fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event Carlota Stewart Photography fails to perform for any other reason, Carlota Stewart shall not be liable for any amount in excess of all monies paid.
- Right to terminate the session: Carlota Stewart reserves the right to terminate coverage and leave the location of the photoshoot if she experiences inappropriate, threatening, hostile or offensive behaviour from anyone at the photoshoot (these will include racist statements); or in the event that the safety of Carlota Stewart is in question. If Carlota Stewart leaves the photoshoot in accordance with this clause, Carlota Stewart will not be liable to refund any amount to CLIENT, but will be obliged to provide CLIENT with photographs already taken prior to Carlota Stewart leaving the photoshoot.
- Delivered Images: Carlota Stewart retains the right of discretion in selecting the photographic materials released to the client. The final post production and editing styles, effects, and overall look of the images are left to the discretion of Carlota Stewart 9.1 Client will be able to download a certain amount of pictures depending of the purchased package. The description of your chosen package has already been given to you via email.
- CLIENT will have 3 days after gallery delivery to make Carlota Stewart aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 3-day term has expired, Carlota Stewart will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits or re-shoots.
- Turnaround time: Estimated delivery time of the photos is 2 to 3 weeks.
- Digital images: Purchased digital files are supplied only as jpegs, without watermark, in most instances as the highest resolution files available. Unedited files, raw or other file formats will NOT be supplied.
- Artistic Style: On its own behalf, and on behalf of the subject: acknowledges that is familiar with Carlota Stewart Artistic Styles portfolio and is requesting services with knowledge of the Carlota's stlye; that photographers work is constantly evolving, that Photographer’s services are of unique and artistic nature, that the photos may be different from photographs taken by Carlota Stewart in the past; and that in creating the photos, Carlota Stewart shall use her personal artistic judgement to create images consistent with her personal vision of the event, which vision may be different from the Client's and/or the subject's vision of the Event. Accordingly, Client acknowledges that the Photos shall not be subject to rejection on the basis of taste or esthetic criteria.
- Backup of Digital images: Please back up your digital images in more than one location. I do archive purchased images and aim to keep them for a minimum of 1 year after your session, but this is not a guarantee nor part of the service being purchased. If you require files to be retrieved from back up there will be a 35€ fee.
- CLIENT understands and agrees that Carlota Stewart is not required to maintain copies of the photos from this PHOTOSHOOT 14 days after the online gallery has been delivered to CLIENT.
- Indemnification: If Carlota Stewart is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of Carlota Stewart, Carlota Stewart will not be liable for any consequential loss arising from the non delivered, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the Carlota Stewart under this Agreement.
- Products: There is no legal right to cancel any bespoke items ordered including but not limited to wall art, prints and albums. Clearly if I have not already placed the order and you wish to change your mind, please get in touch asap and I will make every reasonable effort to change your order or refund you, less charges or costs (including time) incurred and further design and ordering appointment(s)/time as required. 13.1 Please check any physical artwork products ordered on delivery. In the unlikely event of damaged goods being received please sign for them as damaged and inform me immediately (and certainly within 12 hours of receipt). I make every reasonable effort to replace damaged goods as quickly as possible and at no extra expense to yourself provided this guidance and any subsequent guidance is adhered to. Albums have a guarantee of 15 days of manufacturing faults and they are personally checked by me before they are delivered to you. Wear and tear and damage by water, food, or anything that is not due to the manufacturers fault, is not covered by my guarantee. A full refund in cash is not possible. You will receive an identical item if the album has a manufacturing fault.
- Copyright: Copyright of the images remain with Carlota Stewart Photography (Carlota Morana de Stewart) according to the European Copyright Laws. Digital images are provided with the right for you to re-print at your leisure for personal consumption. Printed artworks cannot be reproduced (but are usually supplied with the corresponding digital file so you shouldn’t need to photograph / photocopy them etc!) Editing, re-cropping or other manipulation of the files is not permitted. If you would like further retouching done, please come back to me. Further retouching (such as body morphing, change of skies) have fees starting at 15€ per picture. Client will be informed of the price per photo retouched prior to sending a bill and agreeing to these further services.
- Social Media and Personal Use License: In consideration of the payment of monies due under this agreement, Carlota Stewart grants CLIENT a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by Carlota Stewart as follows:
- CLIENT may share the web or high res photos delivered by Carlota Stewart on CLIENT’s personal and business social media accounts, provided that in each such post CLIENT must credit/tag Carlota Stewart @Carlotasfotos / www.familyphotos.at.
- This license does not permit CLIENT to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe Carlota Stewart moral rights.
- CLIENT may print web or high res photos delivered by Carlota Stewart Photography or downloaded from the photo gallery for their personal use, and: a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos; b: must not use the printed photos for advertising or commercial purposes; and c: must not submit or enter the photos into any competition.
- Model Release: CLIENT has the right to remain anonymous. For this end Carlota Stewart has included in the questionnaire before this contract a questionnaire whether CLIENT allows Carlota Stewart Photography to publish the pictures. If CLIENT allows Carlota Stewart to publish the pictures in her website and or Social media, Client shall be rewarded with a discount. Carlota Stewart benefits greatly from publishing these pictures and helps Carlota Stewart future clients make a decision based on the quality of her pictures. Your name will always remain anonymous and my pictures will be posted with a watermark. Please answer the appropriate release in the given questionnaire.
- Privacy: I only use your personal data to fulfil my services to you. To do this, I do have to share your data with other third parties like, but not limited to, online payment providers, online booking systems, online galleries and or external retouchers. All my partners, to my knowledge, are GDPR compliant. I do not sell or share your data with any other companies or individuals for any other purposes. Only you may access your online proof gallery. You are solely responsible for maintaining the confidentiality of any password we provide. You agree to accept responsibility for all activities that occur through use of your password by a third party. You acknowledge that: (i) your access to and use of your online proof gallery may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of our website, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of your online proof gallery and/or our website at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to your online gallery or our website; (b) in the event of a denial of service attack or other attack on our website and/or our servers or other event that we determine, in our sole discretion, creates a risk to you or to any of our other users; or (c) if it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions"). Where practicable, we will endeavour to post updates on our website regarding any Service Interruption and resumption of service following any such suspension, but we are not liable for the manner in which we may do so or if we fail to do so and we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption. You agree to us: storing copies of the photographs for the specified purposes; storing your contact details on our database in case we need to contact you; transferring the photographs and your personal information outside the European Economic Area (“EEA”), for the purposes of storage on a cloud server located outside the EEA or where otherwise authorised by you; transferring the photographs and your personal information to third party providers (inside and outside of the EEA) for the purposes of fulfilling our services to you; and publishing the photographs in accordance with the Specified Purposes.
- Weather: If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Carlota Stewart photography may elect to use an alternate location or to reschedule the session at no extra cost to the . Unless specifically requested in writing prior to the commencement of the photoshoot, Carlota Stewart is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the photoshoot; or for failure to deliver images of any specific individuals or any specific objects at the photoshoot.
- Illness Notification and Rescheduling: If you or any member of your family is unwell or experiencing symptoms of illness, I kindly request that you refrain from scheduling or attending a photoshoot. In the event of sickness, it is imperative that you notify me at least 48 hours in advance of your scheduled session time to request a reschedule. I understand that unexpected illnesses can occur, and will make every effort to accommodate your rescheduling needs. Please note that last-minute rescheduling requests due to illness will be evaluated on a case-by-case basis and may be postponed at my discretion. I prioritize the health and safety of all parties involved, including my own and my own family, and your cooperation in this matter is greatly appreciated. Your proactive communication allows us to maintain a safe and enjoyable experience for everyone involved in the photoshoot process.
Thank you for your understanding.
I acknowledge that I have reviewed and comprehended this contract, and by utilizing my services, I automatically consent to its terms.
Carlota Morana de Stewart, AT-2352, Gumpoldskirchen
Web: http://www.familyphotos.at , Mail: info @ familyphotos.at
Mitglied der WKÖ, Bundesinnung der Berufsfotografen Österreich https://firmen.wko.at/Web/DetailsKontakt.aspx?FirmaID=d5193864-75ae-4258-a087-82cc6a3cc5c2
Berufsfotograf, Pressefotograf und Fotodesigner
Behörde Berzikshauptmannschaft Mödling, GISA-Zahl 31188210
USt. wird nicht ausgewiesen, da der Verkäufer Kleinunternehmer im Sinne des UStG ist.