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Terms of Use

 

Terms of use

These Terms of Use (hereinafter, these “Terms”) between Joana Manuel Dos Santos Jorge (hereinafter, “Joana Santos”, 'the Photographer", 'the Author", “us” or “we”) operating in Portugal and you (hereinafter, “the user”, "the customer", 'the client"), collectively referred to as the "Parties", together with Wix Terms of Use (collectively: the “Terms”) set forth the terms and conditions which govern your use of the Website www.joana-santos-commercial-photographer.com

The user acknowledges having read this legal notice and agrees to respect it.

The user of the website acknowledges having the skills and means necessary to access and use this site.

The user acknowledges having been informed that the website www.joana-santos-commercial-photographer.com is accessible 24 hours / 24 hours and 7days / 7 days, except in case of force majeure, computer difficulties, difficulties related to the structure of telecommunications networks or technical difficulties.

For maintenance reasons, the service provider may interrupt access to his site and will endeavor to inform users in advance.

General Terms and Conditions of Sales

 

These general conditions of sale create a legal agreement and apply to all orders and all sales of services and products concluded between the customer and Joana Santos. They are fully and unreservedly accepted by the client By contacting Joana Santos by the website www.joana-santos-commercial-photographer.com the customer declares that he has read these general conditions.

Joana Santos offers services as presented on its website: www.joana-santos-commercial-photographer.com

Any document other than these General Terms of Sale and in particular catalog, prospectus, advertisements, notices, has only an informative and indicative value, not contractual.

These general conditions of sale form an indivisible contractual document with the service contract signed by the customer.

These general conditions contains the entire understanding between the Photographer and the Client(s). It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

Pricing : All prices are expressed in Euro (€) and are displayed without VAT. The prices displayed on the website are subject to change without notice. The prices displayed on the www.joana-santos-commercial-photographer.com website are subject to change without notice or prior information. However, any previously agreed-upon services will be billed at the agreed price. Quotes provided by Joana Santos Commercial Photographer are valid for a period of 30 days.

The client is responsible for all costs associated with payment made from a foreign currency, including exchange rate fees and bank charges.

How to make an appointment/order or book a service : Requests for appointment/order or booking a service are made only by the website www.joana-santos-commercial-photographer and by email at hello@joana-santos-commercial-photographer or booking@joana-santos-commercial-photographer. Customers can also request a price quote by filling out a form available on the website www.forms.wix.com . To confirm an order, the client must accept the terms of sale and a price quote or make an online booking. Orders cannot be accepted through email, social media networks, other websites, or any other channels.

Price Quote Policy :​  Before placing a custom order, clients are required to request a price quote for the desired service. The price quote will include all relevant fees, costs, and expenses related to the service. The quotes established by www.joana-santos-commercial-photographer.com are valid for 30 days. Once the price quote is accepted electronically by clicking the 'accept' button on the quote sent via email, it has the value of a contract between the two parties. An automatic proforma quote will be sent to process payment after acceptance. The booking is only valid after the price quote is accepted and payment is made. No work will be performed before both acceptance and payment are completed.

Joana Santos only provides price quotes via Ascend by Wix price quotes, which are sent via email hello@joana-santos-commercial-photographer.com. Any price quote received by the client through another platform or method is invalid, and Joana Santos cannot be held responsible if a client accepts a price quote that was not made through these official channels. It is the client' responsibility to ensure that the price quote they receive is sent by Joana Santos and not a scam. The photographer reserves the right to reject any orders not made through the official channels.

Pricing Confidentiality: This Agreement, any and all pricing and discounts contained herein, and any related proposals or correspondence between Customer and the Photographer shall be considered confidential information. Customer agrees to hold such information in strict confidence and not to disclose it to any third parties. Notwithstanding the foregoing, Customer may disclose such information only to the extent necessary to fulfill the obligations set forth herein. Customer agrees to take all reasonable measures to protect the confidentiality of and avoid disclosure or use of such confidential information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such information, which measures shall include the highest degree of care that it utilizes to protect its own confidential information of a similar nature.

 

Quotes and pricing terms are negotiated and may be unique to the Recipient, therefore, and except as otherwise provided by law, Recipient hereby agrees to keep confidential all pricing quotes and invoiced amounts received from Provider. Recipient shall not use this confidential information in furtherance of its business, or the business of anyone else, whether or not in competition with the Photographer.

Booking Policy : To book a service, the client must make a payment of 100% of the fees and associated costs and expenses in advance, after accepting a price quote or booking online. This payment is non-refundable. No date is reserved until a payment is received. No work will be started until full payment is received. The payment must be paid before the day of the photoshoot. If final payment is not received, the Photographer will not be expected to attend said photoshoot.

 

Pre-Booking Policy : The photographer may agree to make a pre-booking for a service upon request by the client. However, the pre-booking will only be confirmed upon receipt of a transfer receipt for the full amount of the service fees. The pre-booking will be held for a maximum of 5 business days from the date of confirmation. If the full payment is not received within this period, the pre-booking will be canceled, and the date may become available for other clients.

Payment Delays : To secure a reservation, the client is required to make a payment of 100% of the fees and associated costs. It is recommended to proceed to online payment on the photographer's website to prevent payment delays. Failure to make payment in a timely manner may result in the requested date no longer being available for the client. It is understood and agreed that if the client fails to make the payment in a timely manner, the requested date may no longer be available. In such cases, the client will be required to select another date. The photographer shall not be liable for any damages or losses incurred by the client as a result of payment delays.

Online Booking Policy: Payment is required when booking a service online. The payment is non-refundable. It is the responsibility of the client to read and understand what is included in the service before placing a booking. By making a booking, the client acknowledges that they have read and understood the service description and any additional terms and conditions. The photographer cannot be held responsible for any misunderstandings or miscommunications regarding the service. The service includes only what is listed on the service page, and any additional service or costs must be paid separately. The service may not include travel fees and costs, photo license use rights, print services, backup services, and other additional services. It is highly recommended for the client to ask for a price quote before placing an order if the photoshoot will be at the client's location or another location different than my studio, or if it requires any additional fees, costs, or expenses.

The online booking service is synchronized with the photographer's schedule to avoid double booking. However, if the photoshoot location differs from the photographer's studio, the photographer cannot guarantee that the service selected by the client will be available at the slot selected. Therefore, the client agrees to contact the photographer before placing a booking, and to be flexible in case of needing to re-schedule the photoshoot to fit the photographer's calendar. The photographer will contact the client within 2 business days to resolve any scheduling issues.


The online booking service is provided by Wix Bookings, and I cannot be held responsible for any technical issues related to this application.

Proforma Invoice : Price quotes provided by www.joana-santos-commercial-photographer.com will be automatically converted to Proforma Invoices and sent to the customer. Invoices are due upon receipt (payment expected by the next business day). Proforma invoices are generated automatically by Wix Invoices App and sent to the customer upon acceptance of the quote or online booking. This is a Proforma Invoice, so you cannot recover VAT on the basis of this Proforma Invoice. The tax invoice will be issued manually upon receipt of payment.

 

Payment Policy : Invoices are due upon receipt (payment expected by the next business day). The balance payment must be paid before the day of the photoshoot. If final payment is not received, the Photographer will not be expected to attend said photoshoot. Photographer accepts all forms of payment including: credit / debit cards collected via Wix Payments App (VISA, Visa Electron, Mastercard, Maestro, American Express, Carte Bleue, Discover, China Union Pay, Diners, JCB and Google Pay), Direct Bank Transfer, and Cash. In order to allow money traceability, traceable transactions are recommended.

Please note that proforma invoices are generated automatically by Wix Payments App and sent to the customer upon acceptance of the quote or online booking. VAT cannot be recovered on the basis of Proforma Invoice. The tax invoice will be issued upon receipt of payment.

All costs relating to payment made from a foreign currency are the sole responsibility of the client.

Please note that for any additional creative staff, location fees, or other costs unrelated to the photographer's service, clients are responsible for direct payment to the respective parties.

Service Fees : The service fees cover the time and expertise of the Photographer, as well as any support staff required for the photoshoot. These fees include but are not limited to photography fees, editing fees, licensing/usage fees, studio fees and any other production fees. The client(s) are responsible for all location fees. Photographer's travel fees are pre-determined and are calculated from Odeceixe, Portugal. These fees will be included in the initial payment total and must be paid in full before the photoshoot can take place. Any additional services requested during or after the photoshoot will be charged at an additional fee to be agreed upon by both parties.

Costs and Expenses : In addition to the service fees, the client is responsible for paying any expenses incurred during the photoshoot. This includes but not limited to expenses such as parking, shipping, cathering, travel costs, .... Photographer's travel costs are calculated from Odeceixe, Portugal.

The client(s) are responsible for all location fees and permits. It is the client's responsibility to obtain all necessary permits for the selected location(s) and to cover any associated costs. If the client fails to obtain necessary permits or pay required fees, the Photographer reserves the right to cancel the photoshoot without liability or refund.

Overdue Payment : The Client is expected to make the online payment by the next business day of the due date. The payment of an international bank transfer is expected to be received by the photographer within 5 business days of the due date, In case of delayed payment not caused by Force Majeure, if the payment is not received within the stipulated time, the Photographer reserves the right to charge a penalty of five percent (5%) interest per day of the overdue amount until payment is received in full. The Photographer also reserves the right to withhold any final product, including photographs or other deliverables, until the balance is paid in full.

Authorizations forms, Photo Releases, Permits Consent Forms : To comply with laws and regulations, the Photographer requires certain authorization and consent forms, including but not limited to photo release form, to be signed before the photoshoot can take place. These forms are necessary for the Photographer to do their work, and the client is responsible for obtaining that all required permits and accreditations for public and private locations are obtained.

For transparency, the authorizations forms required by the Photographer are available for consultation and can be found on the Photographer's website on the contact page. They can be signed electronically on most devices, including computers, tablets, and mobile phones.
 

For any other authorization or consent form that needs to be written by the Photographer, the client can request to consult and approve it before booking the photoshoot.

When a client requests a photoshoot that requires photo release authorizations, such as image rights, they undertake to inform themselves before placing their service request. In case the client refuses to sign these forms, the photoshoot will be considered as a client cancelation. The Photographer cannot be held responsible for it. Any booking fees paid will be liquidated to compensate the Photographer for loss of opportunity and will not be refunded in case of cancellation by the Client(s).

Photo Release and Model Release: By requesting a service from www.joana-santos-commercial-photographer.com Client(s) agreeing to these terms and conditions, the Client(s) hereby grant and authorize Joana Manuel Dos Santos Jorge (hereinafter "the photographer", "Joana Santos") the irrevocable and unlimited right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all photos and videos taken of the Client(s) and/or their models, children, and properties, to be used in and/or for any lawful purpose. The Clients grant the Photographer and its legal representatives, heirs and assigns, the consent to use the photographs for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. This authorization extends to all languages, media, formats and markets now known or later discovered. The Client(s) waive the right to inspect or approve any finished product in which their likeness, models, children or properties appear. This authorization shall continue indefinitely, unless the Client(s) otherwise revoke this authorization in writing. The Client(s) understand that revoking this authorization will result in being charged for the purchase of an exclusive license to compensate for the loss of the ability to use the images to promote the photographer business and her photography services. An arrangement can be discussed between the Client(s) and the Photographer. The Client(s) understand and agree that these materials shall become the property of The Photographer and will not be returned. The Client(s) agree to this release without being compensated. The Client(s) waive any right to royalties or other compensation arising or related to the use of the photographs and videos. The Client(s) hereby hold harmless and release The Photographer from all liability, petitions, and causes of action which they, their heirs, representative, executors, administrators, or any other persons may make while acting on their behalf or on behalf of their estate in connection with the photographs and videos.

Refunds Policy : All print refunds are subject to the terms and conditions of the photo store provider Pic-Time ; their refund policies may differ from mine. Any refund delays are subject to Pic-Time's refund processing times and policies. The photographer will work with Pic-Time to ensure that refunds are processed in a timely manner, but the photographer cannot be held responsible for any delays that may occur due to their policies and procedures.

 

All payments made for our services and digital products are non-refundable. We offer no refunds, and all sales are final. Additionally, all digital files cannot be returned to the Photographer.

In the unlikely event that the photographer is unable to provide the specified services due to illness or injury, we will propose a rescheduling. If the client refuses to reschedule, we will make reasonable efforts to find a replacement photographer. However, if a replacement photographer cannot be found, our liability will be limited to a refund of any payments received.

If a refund is applicable based on the terms and conditions outlined above,  refunds will be processed within 15 business days via bank transfer. We will require your bank account information to complete the refund process. We are not responsible for any delays in refunds if the client does not provide their bank account details to complete the transfer. It is the client's responsibility to provide accurate and complete bank information to receive the refund. In the event that we are unable to process a refund due to incomplete or inaccurate bank information provided by the client, we will not be responsible for any resulting delays or consequences. We are not responsible for any delays in refund processing caused by the client's bank or any other financial institution involved in the transfer. While we will work to process refunds as quickly as possible, we cannot control the processing times or policies of banks or other financial institutions. Any delays caused by such entities are beyond our control and we cannot be held responsible for any resulting consequences.

Cancellation and Postponement : In the event of cancellation or postponement of the shoot by the Client(s) for any reason after accepting a price quote/online booking, 100% of fees, costs and expenses will be due. Any booking fees paid will be liquidated to compensate the Photographer for loss of opportunity and will not be refunded in case of cancellation by the Client(s).

In the unlikely event that the photographer is unable to provide the specified services due to illness or injury, we will propose a rescheduling. If the client refuses to reschedule, we will make reasonable efforts to find a replacement photographer. However, if a replacement photographer cannot be found, our liability will be limited to a refund of any payments received.

All arrangements will be put in writing and signed by both parts. It is requested that the Client(s) confirm the cancellation by email, even if a phone call was made to inform the Photographer of the cancellation.

Change of Date, Time or Location Policy : Any change of date or time will be considered a postponement of the shoot by the Client(s) for any reason then 100% of fees, costs and expenses will be due.

Any change of location will result in additional travel costs and fees. The client will be responsible for covering any additional expenses incurred by the photographer due to the change in location.

The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of photoshoot. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client's responsibility to confirm all arrangements at least 7-10 days prior to the photoshoot. In the event of change of address or contact information, you must notify the Photographer. The Photographer cannot guarantee the availability of specific dates or locations, as they may not fit within the photographer's calendar.

Communication Policy : All communication between the Client(s) and the Photographer should be via email, or phone call only by appointment booked via the Photographer's website on online booking. It is the Client's responsibility to ensure that their contact information is correct and up-to-date. The Photographer will make every effort to respond to all communication within 2 Business days. In the event of a delay, the Photographer will do its best to notify the Client in advance. If the Client does not receive a response within a reasonable timeframe, they should send a follow-up email. The Photographer is not responsible for any miscommunication that results from incorrect or outdated contact information.

The Photographer kindly asks that the Client(s) get in touch with the Photographer two weeks prior to the date of the photoshoot in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client's responsibility to contact the Photographer to confirm all events and times.

In order to work efficiently, it is important that all necessary information is provided by the Client(s) prior to the photoshoot. This information should be communicated during pre-production. The Photographer cannot guarantee that all last minute requests by the Client(s) can be accommodated. In the event that it is not possible to make the requested change, the Photographer cannot be held responsible. The Photographer will make every effort to accommodate any reasonable requests but cannot guarantee their availability or feasibility.

To ensure efficiency and professionalism, Social media platforms, text messages, and WhatsApp are not considered as official communication channels for professional purposes because they lack the necessary security, reliability, and organization to ensure that important information is transmitted and received accurately and efficiently. Therefore, please note that I cannot guarantee a response on these non-reliable communication channels for professional purposes. These platforms are often subject to technical issues such as poor signal or internet connectivity, delays in message delivery, and potential security breaches. Therefore, it is recommended to use more formal and reliable communication channels such as email or phone call by appointment to ensure that all necessary information is received and handled appropriately.

As the photographer is a freelance that wants to provide the best and uninterrupted photography work for clients, the photographer phone is muted by default for all calls except those autorized. The day of the photoshoot, the Photographer will be available only to the Client(s) and staff via Whatsapp (Joana Santos' professional phone : +351934419874 ), and it is kindly requested that all communication related to the photoshoot be made through this channel.

 

As a result, I request that clients book phone appointments through my website to guarantee better efficiency. All phone appointment requests will be manually approved, and in case they do not fit well into my calendar, I will suggest another date and time. This is to ensure that I can provide the best possible service to my clients without any distractions or interruptions.

In case of no internet or signal, communication cannot be guaranteed, and the Photographer cannot be held responsible for any missed or delayed communication.

Right of withdrawal: The Right of withdrawal does not apply to photos, prints and services delivered by the Photographer, insofar as they constitute not only "clearly personalized" goods but also sometimes "digital content provided on an intangible medium", 2 exceptions legal to the right of withdrawal. 

Photographer's Creative Control and Rights : The Photographer has complete creative control over the selection of photographs. The delivered digitals and prints may not include all images shot during the photoshoot. The Photographer reserves the right to edit and release only those images deemed credible as professional in quality and within the photographer's artistic standards.

The manner and method of creating any Photographs is solely at the discretion of the Photographer. The Client(s) do not have the right to control Photographer's manner and method of performance under this Agreement.

The Photographer will make their best efforts to ensure that the photographs conform to the Client's specifications and will submit all photographs to the Client(s) in publishable quality, on or before the applicable deadlines.

Photo Selection : The delivery of the pre-selected photographs.
By default, it is the Photographer role to select the photographs to be edited, otherwise the Client(s) must make his choice within one weeks of the delivery of the Photographer's pre-selection, otherwise the Client(s) must make his choice within two weeks of the delivery of the Photographer's pre-selection. In the event that the Client’'s choice has not been made within two weeks, the Photographer will send his own selection according to the number of edited images determined in the contract, quote or the chosen package.

 

The Client(s) will have the option to select the images to be edited through an online photo gallery sent via email to the Client(s), by clicking on an icon flag to mark their choices. The number of photographs that can be flagged for editing is limited to the number of edited photographs specified in the order, price quote or chosen package. Once the Client(s) have made their selection, they must confirm their final choices on the photo gallery. This selection will be considered final and no further changes or modifications may be made to the selection.

In the event that the Client(s) wish to purchase additional edited photographs beyond the number specified in the contract, quote or chosen formula, the Client(s) must contact the Photographer by email and provide the number and type of additional edited photographs desired. The Photographer will then provide a price quote for the additional edited photographs. Acceptace and payment must be made before the Photographer proceeds with editing the additional photographs.

The Client(s) acknowledge and agree to the delivery process through an online photo gallery and to the limitations on the number of photographs that can be selected for editing. The Client(s) also agree to abide by the pricing and payment terms for any additional edited photographs beyond the specified number.

Delivery: The digital images will be delivered to the Client(s) within one (1) month after the photoshoot. The delivery method will be through a online photo gallery, which will be sent to the Client(s) via email. The photo gallery will be hosted on a password-protected platform and will include a custom print store. The digital files will be available for download in Web-Ready JPG format at a resolution of 2048px. Any other formats will remain the property of the Photographer and will not be provided to the Client(s) without an additional purchase.

The Client(s) will have one (1) month from the delivery date to download the photographs from the online photo gallery, as each project delivery includes a free one-month use of the gallery. After this period, the photo gallery will be offline unless the client purchases photo backup.

It is the sole responsibility of the Client(s) to ensure that the resolution of the photographs purchased is suitable for their intended use. If the Client(s) require Original Size files, they must purchase a photo license that meets their specific needs.

The physical prints products are produced and delivered by Pic-Time's photo laboratory partners. As such, the Photographer cannot be held responsible for any issues that may arise during delivery.

The Photographer cannot be held responsible for any consequences resulting from a delay in parcel delivery, deterioration of the parcel, or loss on the part of the carrier. If a parcel is not received within the indicated time limits, an investigation will be carried out with the carrier and may take several days.

Editing and Retouching: Before the photo shoot, the photographer will make every effort to understand the client's editing and retouching preferences. The photographer will use their professional judgment and expertise to select and apply post-processing treatments that will best enhance the photographs. The post-processing adjustments may include color correction, contrast, brightness, shadow and highlight recovery, sharpness, clarity, vibrancy, saturation, cropping, and other technical adjustments.

Retouching refers to the process of enhancing or altering an image by making adjustments to various aspects of the photo, such as color, contrast, brightness, sharpness, and so on. Additionally, retouching may also include more specific edits such as object removal, clipping paths, television screen replacing, skin retouching, local corrections, dust cleaning, and more. These adjustments can be done to improve the quality of the image or to achieve a specific desired effect.

 

However, it is important to note that any additional editing and retouching requested by the client(s) that goes beyond the initial processing done by the photographer will be subject to an additional fee.

Only the photographs processed by the photographer will be usable by both parties. 

Revisions :  Joana Santos' services includes no revisions. Any requested changes based on Client(s) feedback will incur additional costs, based on the quantity of work required. The Photographer retains the right to decline any non-credible requests that do not meet professional quality standards or fall outside the scope of the Photographer's artistic style.

Client's Files Conservation & Backup: As of their delivery to the client, the photographs are kept and archived under their sole responsibility. The client is invited to make backups on multiple devices or cloud storage. The photographer is not responsible for any loss or damage to the digital files given to the client. However, the files remain available for 1 month on the client photo gallery and can be downloaded again by the client if necessary. For a secure Backup, Client(s) can purchase on my website a photo backup service to keep their photo backuped on their online photo gallery that will remain accessible depending on their purchased plans. Please note that beyond this 1-month period, the photographer does not guarantee the availability of any backups.

In the event that the client requests the photographer to send the files again due to loss, and the photographer must de-archive the files to send them again, a fee may be charged to cover the cost of the photographer's time and resources.

Intellectual Property: When the Photographer creates a photograph, the photograph is immediately considered the Photographer intellectual property and the Photographer is the legal owner of that property.The photographer retains all copyright to the photographs taken during the shoot, including all reproduction rights and the right to claim authorship. By default, the Client(s) grant permission for the Photographer to use the photographs for marketing purposes. The photographer may use the photographs for promotional or commercial purposes, including but not limited to website display, social media, marketing materials, prints, and competitions.

However, if the Client(s) do not wish their photographs to be used for such purposes, they may purchase an exclusive photo license at a higher cost to compensate for the loss of promotional opportunities for the Photographer.  Please note that the exclusive photo license must be agreed upon in writing by both parties before the photoshoot.

The photographs may not be modified, reproduced, published, or used in any form without the photographer's written permission. Clients are granted a limited license to use the photographs based on the photo license they purchased. Any use of the photographs beyond the scope of the license without prior written permission from the photographer is strictly prohibited. The client(s) may not sell, license or distribute the photographs without the prior written consent of the photographer. Any unauthorized usage of the photographs will be considered a breach of copyright and subject to legal action.

 

Photographer Credit and Attribution: Requirements for the Publication of Photographs : The Client(s) must credit and mention the name of the photographer on any publication of the photographs, whether on digital or print media. It is a legal requirement to acknowledge the authorship of the photographs. The Client(s) should include a caption that says "Photo by full name" (e.g. Photo by Joana Manuel Dos Santos Jorge) or "ⒸYear Full Name" (e.g. Ⓒ2022 Joana Manuel Dos Santos Jorge). For social media posts, the Client(s) must also credit the Photographer's account and tag the Photographer on the image. Failure to properly credit the Photographer may result in legal action.

Copyright: All photographs and images created by the Photographer are protected under the copyright laws of the country in which the photographs are created. The copyright in all photographs created by the Photographer is owned by the Photographer. The Client(s) acknowledge that the photographs and images are the intellectual property of the Photographer and that the Client(s) have no right to reproduce, modify, distribute or display the photographs and images without the Photographer's express permission.

The Client(s) agree not to use the photographs and images for commercial purposes without obtaining a separate written license from the Photographer. The Client(s) also agree not to remove or alter any copyright notices or other identifying information on any photographs or images provided by the Photographer. Any unauthorized use of the photographs or images will be considered a breach of this Agreement and may result in legal action.

The Client's purchase of the files releases Photographer from any liability due to loss or damage of the files, and also releases Photographer from any obligation to maintain copies of any digital file, image, or photograph.

The Client(s) hereby grants to Photographer the right to license the photos to any other party. This includes direct licensing to other client(s), and placing the images on a stock photography website.

Photo Licenses : The Photo Licenses sold on the website are Limited Rights, Rights-managed, Non-Exclusive, Non-Transferable, Non-Sub-Licensable Limited. By default, the photo licenses sold on the website are limited in both duration. These licenses typically have a one-year term, after which they must be renewed in order to continue using the photos. To purchase other types of licenses, such as extended or exclusive rights, interested parties should request a price quote. Any Client(s) can request a preview of the license they desire to purchase before making their purchase decision. However, the license PDF provided for preview purposes only is not valid without the purchase of the license.

Personal Use Photo License : Licensee may only use the licensed Images for personal use and is prohibited from sublicensing, selling, assigning, conveying, or transferring any of its rights under this Agreement, using the Images for commercial or editorial purposes, or incorporating the Images into print or electronic products for resale or distribution without obtaining an appropriate license from Licensor.

The Client(s) may not alter or edit the images. Only the Client(s) who purchased the license(s) can use the images provided by the Photographer and may not resell, loan or allot images to a third party.

Any unauthorized use of the photographs or images will be considered a breach of this Agreement and may result in legal action.

Commercial Use Photo License : The commercial license granted by the Licensor allows the Licensee to use the licensed photographs solely for commercial purposes as specified in the license. The Licensee is strictly prohibited from using the photographs for any purpose other than those explicitly stated in the license. Any use beyond the scope of the license, including but not limited to sublicensing, selling, assigning, conveying, or transferring any of its rights under this Agreement, using the Images for editorial purposes, or incorporating the Images into print or electronic products for resale or distribution, requires obtaining a separate and appropriate license from the Licensor.

The Client(s) may not alter or edit the images. Exceptions to alterations include, company name, logo or text related to the company and for advertisement purposes. Only the Client(s) who purchased the license(s) can use the images provided by the Photographer and may not resell, loan or allot images to a third party.

Any unauthorized use of the photographs or images will be considered a breach of this Agreement and may result in legal action.

Aerial Photography and Aerial Video Services:  

Joana Santos utilize the services of a separate and independent drone pilot company for aerial photography and aerial videography services. The drone pilot is not an employee or contractor of Joana Santos, but rather a separate business that the Photographer work with. By booking a photography service via Joana Santo's online booking, you understand and agree that the drone pilot and the drone pilot company are solely responsible for the safe operation and use of the drone, and Joana santos is not responsible or liable for any accidents, damages, or injuries that may occur as a result of the drone pilot's actions.
You further understand and agree that the Joana Santos provides only an online booking system for the drone pilot company and is only responsible for editing and delivery the photographs that were taken by the drone pilot. Joana Santos do not provide the aerial photography services, aerial videography services , video editing services and video delivery services itself. By using aerial photography and aerial video services, the customer releases Joana Santos from any and all liability related to the aerial photography and aerial videography services, including but not limited to any accidents, damage, or injury caused by the drone or the drone pilot.

Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

 

Outdoor Photography: The Photographer undertakes to advise the Client(s) the best time of the day to start the photoshoot to increase the chances of getting the best light result according to the date, the sunshine duration and the sun position. As weather applications may not be accurate and the weather conditions are not controllable, the Photographer cannot be responsible for brightness, wind, amount of clouds, shade, sun, rain, fog, mist, or any natural weather patterns. In the event that the Client(s) wishes to cancel the photoshoot because the weather is not exactly what the Client(s) is looking for (e.g. full sun, partial shade, cloudy sky, fog...) while the weather conditions allow the photographic session to be carried out without any risk of damaging the photographic equipment, it will be considered as a cancellation by the Client(s) and the Client(s) will be held responsible for 100% of the fees, costs, and expenses incurred by the Photographer as a result of the cancellation.

In case of rain, strong wind , snow or any other weather that could cause damage to the photographer equipment, the photo session will be rescheduled. The photographer fees, editing fees and photo license fees paid by the client will be credited towards a future session, but any costs, expenses and fees already incurred will be due.

 

Service Performance: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer commits to make every effort to provide quality images, as stipulated in the order, but the Photographer is not subject to an obligation of result. The content of the images is left to the artistic appreciation of the Photographer. Consequently, the Client's) acknowledges that the photographs are not subject to rejection according to the Client’s tastes.

 

Limit of Liability: If a photographer is too ill or becomes injured and cannot supply the services specified above the Photographer will try to book a replacement photographer. If a replacement photographer cannot be found then liability is limited to a refund of any payments received. The Photographer have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.

 

Force Majeure: No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, natural disaster (such as hurricanes, earthquakes, flooding), fire, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorist acts, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. In the event that a force majeure event prevents the photoshoot from taking place as scheduled, the shoot will be postponed to a mutually agreed-upon later date. Any fees, costs, and expenses already incurred in relation to the original shoot date will be lost and will not be refunded. However, the fees paid for the original shoot will remain as a studio credit to be used towards the rescheduled photoshoot. Any additional costs or expenses related to the rescheduled shoot will be the responsibility of the client. Should Client(s)' Event be canceled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by the photographer, but the photographer will use all reasonable efforts to work with Client(s) to produce the photoshoot at a later date if necessary, subject to photographer's availability.

 

Failure to perform: The Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the client(s) or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of location, or the rendering of the props/decorations of the location.

The Photographer cannot be held responsible in case of impossibility to carry out her work correctly due to external factors, if she is interrupted or hindered by a third person or anything that would prevent her work. The photographer cannot guarantee the number of final photographs, and is not responsible for the behavior or modeling aptitudes of the photographed humans and animals.

It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer is not responsible for missed images due to details not revealed to the Photographer. Client(s) are responsible for all location fees and permits.

No-Substance Policy : The photographer is committed to ensuring a safe and professional environment for everyone involved in the project. We prioritize the health and well-being of our team, clients, and anyone present on set.

The use of alcohol, and drugs is strictly prohibited on set. Smoking is not allowed on set, and any person found to be under the influence of any substance will be immediately excluded from the set and will not be permitted to return. No alcohol or drugs may be brought to the set or consumed on the premises. Anyone caught providing alcohol or drugs to others without their consent will be subject to legal action.

We expect everyone to adhere to this policy, and any violations will not be tolerated. Any person who violates this policy may be removed from the set, and the person may be charged for any costs or damages caused by the violation.

Safety Policy : 

To ensure the safety of all individuals present during the photoshoot, the Client(s) and any other individuals related to the Client(s) must comply with the safety guidelines established by the Photographer. This includes refraining from touching any photographic equipment, such as lights, camera, cables, tripods, props, and bags, and following the instructions of the Photographer and her assistants at all times.

This is not only to ensure that the equipment is not damaged, but also for safety reasons. In addition to the risk of electrical fires or electrocution posed by studio lights, there are many other potential dangers associated with photographic equipment. For example, tripods and other supports can tip over and cause injury, and sharp or heavy props can also be hazardous.

Children and pets must be supervised by their parents or guardians and kept away from any potentially hazardous equipment.

 

Failure to comply with these safety guidelines may result in the termination of the photoshoot and the Client(s) being held liable for any damages or injuries caused.

Security Policy : To ensure the safety of all individuals present on set, the photographer has implemented a strict security policy. By adhering to this security policy, we can ensure a safe and successful photoshoot. To ensure the safety and security of everyone involved in the photoshoot project, the following security policy will be strictly enforced:

  1. The photographer reserves the right to decline working in any location that he/she considers dangerous (such as on the edge of a cliff, at an unsafe distance from motorized or non-motorized sports vehicles, in a ruin, etc.), in conditions that could endanger his/her safety, or in any other situation where the safety of the photographer, client, photographer equipment, team, guests, or anyone present on set would be compromised.

  2. The photographer reserves the right to refuse to work if the conditions of himself/herself and/or his/her client, photographer equipment, team, guests and anybody present on set would put them in danger and fail to comply with safety regulations (such as in the trunk of a vehicle, on a ladder, etc.).

  3. The photographer also reserves the right to refuse inadequate accommodation or any location that he/she deems to have insufficient security measures for his/her personal safety and equipment, and for his/her client, team, guests and anybody working on this project.

  4. The photographer reserves the right to charge for any expenses incurred in booking a safe hotel room if necessary including travel fees and costs.

  5. All participants must comply with safety regulations and instructions provided by the photographer and his/her team.

  6. All personal belongings and equipment brought onto the set by his/her client, team, or guests are the sole responsibility of their owners, and the photographer will not be held liable for any loss or damage.

  7. In the event of an emergency, all participants must follow the instructions of the photographer and his/her team and evacuate the area as quickly and safely as possible.

By agreeing to this security policy, all participants agree to comply with these regulations and guidelines, and understand that failure to do so may result in the termination of the photoshoot project without any refund or compensation.

Photographer Authority Policy : Restrictions on Backstage Photography and Interference with Support Staff. 

During the photo shoot, the Photographer is solely responsible for directing and capturing the photographs of the clients. No amateur photographer, videographer, or any other person shall interfere with the work of the Photographer. This includes but is not limited to taking photos, videos, or any other type of recording, adjusting equipment or settings, giving directions to the clients, or attempting to pose or direct the clients. Any interference may compromise the quality of the final product.

During the photo shoot, it is important to note that the Photographer's assistants and support staff play a vital role in ensuring the smooth operation of the set. Any interference with their work, including asking them to perform tasks unrelated to their duties or engaging them in conversation, may compromise the quality of the final product. Therefore, the Client(s) and any other individuals present are kindly requested to refrain from disturbing or interfering with the work of the assistants and support staff during the photo shoot.

Clients are kindly requested to inform their guests and family members of this clause prior to the session. In the event of any interference, the person(s) will be asked to leave the set immediately to ensure the smooth continuation of the session and the safety of all parties involved.

The Client(s) and any other individuals present during the photo shoot are kindly requested to refrain from taking behind the scenes or backstage photographs without the prior consent of the Photographer and all parties involved. If authorized, photographs should be taken in a manner that does not interfere with the ongoing photo shoot and without causing any disruption to the set, equipment, or individuals present.

Policy on Set Access and Authorization: Access to the set during a photoshoot or video shoot is restricted to authorized individuals only. Any person who wishes to access the set must have obtained prior consent and authorization from the photographer and/or the client.

Access to the set is granted solely at the discretion of the photographer and/or the client, and may be revoked at any time for any reason. Unauthorized access or attempts to access the set may result in removal from the premises and may be subject to legal action. All authorized individuals on set are expected to conduct themselves in a professional and respectful manner, and to adhere to all safety policies and procedures. Any violation of these policies may result in removal from the set and possible legal action. The photographer and/or client reserves the right to restrict access to the set to certain individuals, including but not limited to models, crew members, and guests. This may be due to safety concerns, creative direction, or other factors deemed necessary by the photographer and/or client.

Any individual granted access to the set must also sign any required releases or agreements, including but not limited to model releases, location releases, and non-disclosure agreements. The photographer and/or client will take all reasonable steps to ensure that the set is a safe and secure environment for all authorized individuals, and will not be liable for any injury, loss, or damage suffered by individuals on the set due to their own negligence or failure to comply with safety policies and procedures.

Acceptable Standards of Behavior and Anti-Harassment Policy : It is expected that everyone will behave in a professional manner and treat each other with dignity and respect. Throughout the duration of the photographer's work, including before, during, and after the photoshoot, the photographer will not accept inappropriate behavior from any person working on this project that may be targeted at one person or a group, as the behavior of people directly and indirectly affects:

  • The physical and mental health of workers (reactions of individuals will vary)

  • The safety of individuals and groups, and ultimately the safety culture of the operation

  • Work productivity and costs

  • Reputation of any person

The following behaviors will not be tolerated, without exception but not limited to:

  • Harassment (offensive, belittling, or threatening behavior that is unsolicited and may be repeated)

  • Bullying (repeated abusive and offensive behavior, which in some circumstances may involve inappropriate physical behavior)

  • Verbal abuse, physical aggression, and violence

  • Offensive or derogatory jokes, racial or ethnic slurs

  • Pressure for dates or sexual favors, unwelcome comments about a person's religion or religious garments

  • Offensive graffiti, cartoons, or pictures

  • Inappropriate sexual touching or gestures, passing sexual comments, invading someone's personal space sexually

  • Inappropriate comments about gender, any types of discrimination including age discrimination, gender discrimination, disability discrimination, sexual orientation discrimination, religious discrimination, national origin discrimination, pregnancy discrimination, sexual harassment, race, color, and sex discrimination, reprisal and retaliation, and any other unfair or prejudicial treatment.

Nudity will not be accepted, except if there is a signed contract between the model and the photographer where the limits are explicitly defined. No act of voyeurism or invasion of privacy will be tolerated.

In the event that the photographer is targeted by one of these inappropriate behaviors, the photographer reserves the right not to continue the work that has been requested of her and leave the set. In the event that someone other than the photographer is the target of any of these inappropriate behaviors, the photographer reserves the right not to proceed with the work that has been requested of him until the person who has inappropriate behavior is not excluded from the project.

Any act that violates human rights will be reported to the competent authorities and will lead to legal proceedings.

Respect for Model's Privacy and Well-Being : The Photographer will ensure that the model's contact, privacy, well-being and needs are respected in order to create the best possible photographs. This may include restricting the presence of guests or working with a reduced team, or solely with the Photographer. The photographer places great importance on working in the best possible way and respecting the models, who are first and foremost human beings. Their work may be made difficult if they are not comfortable. Therefore, it will be required to respect the model's privacy and well-being, and any person who disturbs the model will be asked to leave the set for the duration of the shoot.

In order to ensure the comfort and well-being of all models, it should be noted that some models may not wish to have male individuals present during their photo session due to inconfort or past traumas. While it is regrettable that such incidents occur, I do not condone discrimination of any kind and do not make hiring decisions based on gender. However, during the time that a model is present on set, it is essential to obtain her consent, respect her privacy and provide a safe and reassuring environment for her.

Model Selection : The selection of models may be based on specific physical features that correspond to the client's needs, such as eye size for makeup highlights or hair type to fit the client's target audience. However, we do not discriminate against anyone, we encourage anybody to apply as a model on our website and accept all individuals in our database. We acknowledge that everyone is unique and valuable, and we celebrate that diversity. Please note that while we do our best to accommodate our clients' requests, we are not responsible for their specific choices regarding model selection. Our ultimate goal is to create beautiful and impactful content while promoting respect and inclusivity.

LGBT, LGBTQIA+ & 2ELGBTQQIA+ Policy: We are committed to providing a welcoming and inclusive environment for all individuals, regardless of their sexual orientation or gender identity. We believe in treating all clients, models, and staff with respect and dignity, and we do not discriminate on the basis of sexual orientation, gender identity, or any other characteristic protected by law.

 

Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.

 

Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Applicable law :​ The contractual relations between parties to which these general conditions apply are governed exclusively by Portuguese law.

Any dispute relating to the formation, execution or interpretation of these general conditions as well as to all conventions to which they apply, will, failing an amicable agreement, be subject to the exclusive jurisdiction of Portuguese courts. Any legal action must be taken to a court located in the department of residence of the photographer.​

Terms and Conditions
Legal Notice

 

 

Legal Notice

This website is owned and maintained by Joana Manuel Dos Santos Jorge - Freelancer - tax number : 277520835 - Adress : Rua 25 de Abril n42 8670-320 Odeceixe Portugal -  Phone Number : +351 934 419 874 - Email Adress : hello@joana-santos-commercial-photographer.com .

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