valid from 1 January 2023

INTRODUCTORY PROVISIONS

These Terms and Conditions of Business (hereinafter referred to as the "Terms and Conditions") of Otakar Hofer, a natural person with his registered office in Šumice 170, Šumice (Uherské Hradiště district), postcode: 687 31, ID No.: 07198647 , registered in the Trade Register kept at the Municipal Office in Zlín (hereinafter referred to as the "Photographer") regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a contract or agreement for the provision of photographic services (hereinafter referred to as the "Contract") concluded between the photographer and the client (hereinafter also referred to as the "Client").

Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of these Terms and Conditions.

The provisions of the Terms and Conditions are an integral part of the contract concluded between the photographer and the client. The client is notified of these terms and conditions sufficiently in advance of the actual execution of the order and has the opportunity to familiarize himself with them. By concluding the contract, the client further agrees that these terms and conditions become an integral part of the concluded contract.

All contractual relations between the photographer and the client are governed by the laws of the Czech Republic. If the contracting party is a consumer, relations not regulated by the Terms and Conditions are governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. If the contracting party is an entrepreneur, relations not governed by the terms and conditions shall be governed by the provisions of the Civil Code applicable to entrepreneurs.

ORDERING OF PHOTOGRAPHIC SERVICES

Ordering a photo shoot

You can make an appointment by e-mail or by phone.

The order is binding at the moment of agreeing the date of the photo shoot by the client and the photographer in writing via SMS or e-mail.

By placing an order, the client confirms acceptance and understanding of these conditions, as well as understanding of the author's approach and photographic style with which the photographer works and has no objections to it.

Order period

The ordering period is based on the current workload.

Cancellation of a reservation

If the client is unable to attend the arranged photo shoot for any reason and requires cancellation or an alternative date, it is the client's responsibility to notify the photographer by phone or e-mail well in advance.

Alternative term

The client acknowledges that if he/she requests an alternative date, he/she will be offered the next available date, taking into account the photographer's current availability.

PRICE OF PHOTOGRAPHIC SERVICES

The price of services is determined individually according to the order.

Maturity of prices

The due date for services is set by the date on the invoice.

If the price of the chosen package or any additional payment for additional services beyond the package is not paid, the photographer reserves the right not to submit the order until it is duly paid.

PHOTOGRAPHING

Realization of the photo shoot

All types of photography are by appointment. In case of weekend photography the price is increased by 30%.

Outdoor photography

The location of the outdoor photo shoot is determined in agreement with the photographer and all the offered types of photo shoots are realized here.

In case of bad weather, the outdoor photo shoot will be rescheduled.

SELECTION OF PHOTOS

Within 10 working days after the photo shoot, the client will receive a link to a gallery with unretouched thumbnails from the photo shoot, from which he/she will choose photos for final editing.

The previews that will be sent represent the best shots from the shoot and their selection is made solely by the photographer. Their number is not fixed, but always allows a sufficient selection due to prior agreement.

According to the Copyright Act No. 121/2000 Coll., it is not allowed to publish or modify these previews anywhere without the consent of the photographer as the author of the work (they are the property of the photographer and are intended solely for selection for retouching)

Submitted previews of photographs are not allowed to be edited or presented publicly in any way and are only for the client's personal use and for the subsequent selection of photographs that the client wishes to edit.

The client sends back the selected photographs for editing as soon as possible, but no later than 3 weeks after receiving them.

If the selection for photo editing is sent after this deadline, the photographer reserves the right to extend the delivery time (see Photo Delivery Time).

Ordering photos for retouching and printing is binding (if the customer gives up printed photos within the chosen package, there is no adjustment of the package price)

After the job is completed, the created gallery with thumbnails is deleted

DELIVERY OF PHOTOS

The delivery time of the photos is 8 weeks from the date of sending the selected proofs for editing, not from the date of shooting.

I reserve the right to extend the delivery time in the following cases:

When selecting 10 or more photos beyond the selected package.

If the photographer receives a selection of photos for editing after the 3rd week of sending the proofs, the delivery time is automatically extended up to 10 weeks from the delivery of the selected proofs for editing

The delivery time for wedding photography can vary depending on the season - approximately one month from the wedding. In the event of unforeseen circumstances, the photographer reserves the right to extend this deadline by 1 month. After this period, in accordance with the contract, the photographer will pay a penalty for each day of delay.

Transmission of photographs

The finished job is delivered to the client in both an electronic version via Dropbox or other service the client prefers to their email address. Alternatively, if the client wishes, it can also be physically on a USB drive.

Submission on physical media is possible in person or by courier or postal service.

PHOTO PROCESSING

Photo format

The processed photographs will be delivered in the scope of the selected package in JPG format at full resolution (suitable for large format printing) and also in a reduced version for web or TV viewing.

I DO NOT PROVIDE UNEDITED PHOTOS!

Retouching

The following adjustments are made to photographs as part of the price: cropping, exposure balancing, contrast, brightness, colouring, removal of momentary defects such as pimples, small bruises, scratches

More advanced retouching such as skin enhancement and unification, etc. is done by the photographer in the case of portrait or promo photo shoots

Dissatisfaction with your own appearance is not a reason to complain about your photos

Photo archiving

All unedited photos (RAW formats) are archived for 1 month from the submission of the order, after which I delete the data in accordance with EU Regulation 2016/679 on the protection of natural persons (GDPR)

If the client wishes to complain about the order, he must do so within this period.

I archive the submitted photographs (jpg formats) for two years, in the case of wedding commissions half a year after submission.

If the USB with the photos is lost or damaged during this time, the photographer can resend the data via web services.

CONSENT TO THE PROVISION OF PHOTOGRAPHS

All photographs published in the portfolio, on social media or on the website have the consent of the persons concerned. If the client changes his mind, he has the right to withdraw his consent in writing or by email to the address or email address listed in the Contacts.

COPYRIGHT

Unless otherwise stated in writing, all photographs are the copyright and property of the photographer and may not be used for any commercial purpose, promotion or sale to a third party without the written permission of the photographer. Photographers may use the photographs for their own non-commercial personal presentation.

Otakar Hofr

On 1st January 2024 in Šumice