Public offer for the provision of photography services
Hereby Shishkina Maya E. (Photographer), is offering a contract for the provision of services for photography to unlimited number of persons on the terms set forth below (the public offer). Customer's payment for the services, the Deposit and/or booking date of photography indicate the complete and unconditional acceptance of this offer, as well as it equals to the conclusion of an Agreement on the terms of the present offer. In this case, both Parties are obliged to proper and fully perform their obligations under the present Contract. The customer is obliged to read this document in full before making the payment.
1. Terms and definitions
1.1. Offer – the present document published on the website https://mayashishkina.com/
1.2. Acceptance of the Offer – full and unconditional acceptance of the Offer by performing the actions specified in clause 2.3 of the Offer. Acceptance of the Offer creates an Agreement.
1.3. Agreement – a contract between the Customer and the Contractor (Photographer) for the provision of photography services, which is concluded by Acceptance of the Offer.
1.4. Photo, work - a visual image created by photographing.
1.2. Copyright . Under copyright, the parties understand the rights, namely:
1) exclusive right to the work;
2) the right of authorship;
3) the author's right to the name;
4) the right to maintain the integrity of a work;
5) the right to publish the work.
The emergence of copyright. The emergence, exercise, and protection of copyright does not require registration of the work or any other formalities.
1.3. Exclusive rights – property rights to the work.
2. Subject of the agreement
2.1. The Photographer undertakes to provide professional photography services and hand over the works created under this agreement to the Customer. The customer undertakes to accept and pay for the services to the Photographer in the amount and order specified in the present agreement.
2.2. The Photographer provides services to the Customer in the amount provided by the selected package offer posted on the Photographer's website at https://mayashishkina.com/price.
2.3. The Customer expresses their full and unconditional acceptance of the present agreement terms (acceptance) by Paying and/or booking the shooting date.
2.4. The price of the services provided under this Agreement is presented on the Website and specified for each package offer selected by the Customer.
3. Procedure for photo shooting and provision of services
3.1. The date and time of the photo shoot, as well as the location of the photo shoot, are to be determined by the parties additionally.
3.2. When preparing for a photo shoot, the Photographer provides consulting services to the Customer by means of offering locations for taking photos, advising on the selection of an image – clothing, accessories, makeup, recommends stylists, makeup artists and other specialists.
3.3. Photography is carried out for no more than 3 (Three) people.
3.4. The Customer undertakes to provide the Photographer with the opportunity to conduct professional photography without interference from third parties. In case of such obstacles and their untimely removal, the Photographer is not responsible for the result and quality of the photos in the part affected by them.
3.5. The Customer must pre-coordinate with the Photographer their visual image, as well as images of other persons participating in the photography (clothing, accessories, makeup). If the images were not coordinated with the Photographer or were not fully coordinated, the Photographer is not responsible for the stylistic component of the works.
3.6. The creative process of the Photographer includes rejection of the footage, correction, processing, retouching, framing/cropping, application of any artistic effects and techniques, as well as selection of photos for retouching, the Customer does not interfere with it and fully trusts the Photographer.
3.7. The Customer is familiar with the Photographer's portfolio ( https://mayashishkina.com/) and accepts the style of his work, color correction, retouching, plastics and etc.
3.8. The Photographer and the Customer are involved in a joint selection of photos for retouching. 50% is selected by the Photographer, 50% - by the Customer.
3.9. The works are transmitted by the Photographer to the Customer within a period not exceeding 21 (Twenty-one) days from the moment when the information about the photos selected for retouching is received from the Customer.
3.10. Photos are to be transmitted in JPEG format. Ready-made photos are issued by sending the Customer a link to file sharing or cloud storage. The backup storage period for photos equals 6 (six) months.
3.11. The Photographer will not transmit to the Customer rejected and/or unprocessed footage, including RAW files of processed photos.
3.12. If the Customer has any complaints about the quality, completeness, quantity of the works transferred under this agreement, the Customer sends the Photographer a reasoned refusal to accept the works within 2 (two) calendar days from the date of their receipt. In the absence of a written reasoned refusal, the Photographer's services are considered to be fulfilled fully and properly.
4. Proprietary and copyright ownership to photographic images
4.1. The photographer is the sole author of the photographic images created under this Contract. Copyright, proprietary (exclusive), and personal non-property rights to all the footage belong to the Photographer.
4.2. The Photographer transfers to the Customer the rights to use the footage, namely:
the right to publicly display works for non-commercial purposes, including displaying on the Internet.
4.3. The right to use the works is transferred to the Customer under the terms of a non-exclusive license entitling the Customer to issue licenses to other persons.
4.4. The use of the work in accordance with clause 4.2. of the present Agreement is allowed within an unlimited territory and an unlimited period of time.
4.5. The Customer and other persons may publish photos only specifying the author's name and with provision of an active link to the author's Instagram account - @shishkina.photo . At the same time, changes, distortions, and additions to photos, including processing, applying filters, and cropping, are prohibited.
5. Payment
5.1. To ensure the fulfillment of its obligations under the agreement, the Customer pays a Deposit of 20% of the amount specified in clause 5.1 of this Agreement. The Deposit is paid against the payments provided for in clause 5.1 of the present agreement. The specified Deposit will not be refunded if the Customer refuses to participate in a photo shoot and/or rejects the Photographer's services.
5.2. The Customer shall make Final calculations for the payment of remuneration provided for in clause 5.1 of the present Agreement on the day of photography.
5.3. Funds are transferred by means of banking transfer to the settlement account specified in section 10 of the present Agreement.
5.4. The contract Price includes remuneration for the creation of works, the cost of professional photography services, consulting services of the photographer, transportation expenses of the Photographer, and other services provided by the selected package.
5.5. The right to use the works is transferred to the Customer free of charge.
5.6. All fees, taxes and other mandatory payments related to the conclusion and execution of this agreement are borne by the parties independently in accordance with the current legislation.
6. Liability of the parties
6.1. The Customer is responsible for the actions of their guests, family members, friends and other persons involved in the shooting.
6.2. The Photographer shall not be responsible for the appearance of the Customer and other persons involved in photography, meaning that during the processing of photos no changes are to be made to the style of clothing, hair, makeup, manicure, or other components of the appearance.
6.3. In case of damage to the Photographer's property caused by the Customer or third parties, the Customer shall compensate for the incurred damage immediately or within a period not exceeding 5 (five) business days. The amount of compensation is determined as the market value of similar property (equipment), effective on the day of compensation.
6.4. The Customer does not have the right to use the photos for commercial purposes: to sell photos in the media, print photos in Newspapers/magazines, send photos for participation in online competitions, etc., without the Photographer's written consent.
6.5. If the Customer is being late for a photo shoot, the duration of the shooting is reduced by the time of the delay. Payment is made without reducing the price, and the number of transmitted photos can be reduced in proportion to the duration of shooting.
6.6. The Customer is liable for violation of the Photographer's personal exclusive (proprietary) rights, including violations of clause 6.3. of this Agreement.
6.7. The Parties shall be released from liability for partial or complete non-performance of obligations under this agreement, if this non-performance was the result of force majeure. Force majeure means circumstances that arose after the conclusion of the present agreement as a result of extraordinary events that the parties could not have foreseen or prevented by taking reasonable measures. Such circumstances of an extraordinary nature include: flood, fire, epidemic, earthquake or other natural phenomena, as well as wars, military actions, acts or actions of state bodies and any other circumstances beyond the reasonable control of the parties. In case such circumstances arise, the parties undertake to notify each other of this, as well as to postpone the term of performance of obligations for a reasonable period – in proportion to the term of force majeure duration.
7. The procedure for disputes resolution
7.1. In case of arising disputes between the Photographer and the Customer on issues stipulated in this agreement or in connection with it, the parties will take all measures to resolve them by means of negotiations.
7.2. In case of failure to resolve the disputes and disagreements amicably all disputes and disagreements arising between the Parties under this Contract shall be resolved at a court at the location of the Photographer in accordance with the current legislation.
8. The term of the contract.
8.1. The contract enters into force and becomes obligatory for the parties from the moment of its conclusion up to full and proper fulfillment of the parties' obligations.
9. Miscellaneous
9.1. All alterations and additions to this agreement must be executed in writing.
9.2. In all that is not provided for in the present agreement, the parties shall be governed by the legislation of the Russian Federation and international law.
1. Terms and definitions
1.1. Offer – the present document published on the website https://mayashishkina.com/
1.2. Acceptance of the Offer – full and unconditional acceptance of the Offer by performing the actions specified in clause 2.3 of the Offer. Acceptance of the Offer creates an Agreement.
1.3. Agreement – a contract between the Customer and the Contractor (Photographer) for the provision of photography services, which is concluded by Acceptance of the Offer.
1.4. Photo, work - a visual image created by photographing.
1.2. Copyright . Under copyright, the parties understand the rights, namely:
1) exclusive right to the work;
2) the right of authorship;
3) the author's right to the name;
4) the right to maintain the integrity of a work;
5) the right to publish the work.
The emergence of copyright. The emergence, exercise, and protection of copyright does not require registration of the work or any other formalities.
1.3. Exclusive rights – property rights to the work.
2. Subject of the agreement
2.1. The Photographer undertakes to provide professional photography services and hand over the works created under this agreement to the Customer. The customer undertakes to accept and pay for the services to the Photographer in the amount and order specified in the present agreement.
2.2. The Photographer provides services to the Customer in the amount provided by the selected package offer posted on the Photographer's website at https://mayashishkina.com/price.
2.3. The Customer expresses their full and unconditional acceptance of the present agreement terms (acceptance) by Paying and/or booking the shooting date.
2.4. The price of the services provided under this Agreement is presented on the Website and specified for each package offer selected by the Customer.
3. Procedure for photo shooting and provision of services
3.1. The date and time of the photo shoot, as well as the location of the photo shoot, are to be determined by the parties additionally.
3.2. When preparing for a photo shoot, the Photographer provides consulting services to the Customer by means of offering locations for taking photos, advising on the selection of an image – clothing, accessories, makeup, recommends stylists, makeup artists and other specialists.
3.3. Photography is carried out for no more than 3 (Three) people.
3.4. The Customer undertakes to provide the Photographer with the opportunity to conduct professional photography without interference from third parties. In case of such obstacles and their untimely removal, the Photographer is not responsible for the result and quality of the photos in the part affected by them.
3.5. The Customer must pre-coordinate with the Photographer their visual image, as well as images of other persons participating in the photography (clothing, accessories, makeup). If the images were not coordinated with the Photographer or were not fully coordinated, the Photographer is not responsible for the stylistic component of the works.
3.6. The creative process of the Photographer includes rejection of the footage, correction, processing, retouching, framing/cropping, application of any artistic effects and techniques, as well as selection of photos for retouching, the Customer does not interfere with it and fully trusts the Photographer.
3.7. The Customer is familiar with the Photographer's portfolio ( https://mayashishkina.com/) and accepts the style of his work, color correction, retouching, plastics and etc.
3.8. The Photographer and the Customer are involved in a joint selection of photos for retouching. 50% is selected by the Photographer, 50% - by the Customer.
3.9. The works are transmitted by the Photographer to the Customer within a period not exceeding 21 (Twenty-one) days from the moment when the information about the photos selected for retouching is received from the Customer.
3.10. Photos are to be transmitted in JPEG format. Ready-made photos are issued by sending the Customer a link to file sharing or cloud storage. The backup storage period for photos equals 6 (six) months.
3.11. The Photographer will not transmit to the Customer rejected and/or unprocessed footage, including RAW files of processed photos.
3.12. If the Customer has any complaints about the quality, completeness, quantity of the works transferred under this agreement, the Customer sends the Photographer a reasoned refusal to accept the works within 2 (two) calendar days from the date of their receipt. In the absence of a written reasoned refusal, the Photographer's services are considered to be fulfilled fully and properly.
4. Proprietary and copyright ownership to photographic images
4.1. The photographer is the sole author of the photographic images created under this Contract. Copyright, proprietary (exclusive), and personal non-property rights to all the footage belong to the Photographer.
4.2. The Photographer transfers to the Customer the rights to use the footage, namely:
the right to publicly display works for non-commercial purposes, including displaying on the Internet.
4.3. The right to use the works is transferred to the Customer under the terms of a non-exclusive license entitling the Customer to issue licenses to other persons.
4.4. The use of the work in accordance with clause 4.2. of the present Agreement is allowed within an unlimited territory and an unlimited period of time.
4.5. The Customer and other persons may publish photos only specifying the author's name and with provision of an active link to the author's Instagram account - @shishkina.photo . At the same time, changes, distortions, and additions to photos, including processing, applying filters, and cropping, are prohibited.
5. Payment
5.1. To ensure the fulfillment of its obligations under the agreement, the Customer pays a Deposit of 20% of the amount specified in clause 5.1 of this Agreement. The Deposit is paid against the payments provided for in clause 5.1 of the present agreement. The specified Deposit will not be refunded if the Customer refuses to participate in a photo shoot and/or rejects the Photographer's services.
5.2. The Customer shall make Final calculations for the payment of remuneration provided for in clause 5.1 of the present Agreement on the day of photography.
5.3. Funds are transferred by means of banking transfer to the settlement account specified in section 10 of the present Agreement.
5.4. The contract Price includes remuneration for the creation of works, the cost of professional photography services, consulting services of the photographer, transportation expenses of the Photographer, and other services provided by the selected package.
5.5. The right to use the works is transferred to the Customer free of charge.
5.6. All fees, taxes and other mandatory payments related to the conclusion and execution of this agreement are borne by the parties independently in accordance with the current legislation.
6. Liability of the parties
6.1. The Customer is responsible for the actions of their guests, family members, friends and other persons involved in the shooting.
6.2. The Photographer shall not be responsible for the appearance of the Customer and other persons involved in photography, meaning that during the processing of photos no changes are to be made to the style of clothing, hair, makeup, manicure, or other components of the appearance.
6.3. In case of damage to the Photographer's property caused by the Customer or third parties, the Customer shall compensate for the incurred damage immediately or within a period not exceeding 5 (five) business days. The amount of compensation is determined as the market value of similar property (equipment), effective on the day of compensation.
6.4. The Customer does not have the right to use the photos for commercial purposes: to sell photos in the media, print photos in Newspapers/magazines, send photos for participation in online competitions, etc., without the Photographer's written consent.
6.5. If the Customer is being late for a photo shoot, the duration of the shooting is reduced by the time of the delay. Payment is made without reducing the price, and the number of transmitted photos can be reduced in proportion to the duration of shooting.
6.6. The Customer is liable for violation of the Photographer's personal exclusive (proprietary) rights, including violations of clause 6.3. of this Agreement.
6.7. The Parties shall be released from liability for partial or complete non-performance of obligations under this agreement, if this non-performance was the result of force majeure. Force majeure means circumstances that arose after the conclusion of the present agreement as a result of extraordinary events that the parties could not have foreseen or prevented by taking reasonable measures. Such circumstances of an extraordinary nature include: flood, fire, epidemic, earthquake or other natural phenomena, as well as wars, military actions, acts or actions of state bodies and any other circumstances beyond the reasonable control of the parties. In case such circumstances arise, the parties undertake to notify each other of this, as well as to postpone the term of performance of obligations for a reasonable period – in proportion to the term of force majeure duration.
7. The procedure for disputes resolution
7.1. In case of arising disputes between the Photographer and the Customer on issues stipulated in this agreement or in connection with it, the parties will take all measures to resolve them by means of negotiations.
7.2. In case of failure to resolve the disputes and disagreements amicably all disputes and disagreements arising between the Parties under this Contract shall be resolved at a court at the location of the Photographer in accordance with the current legislation.
8. The term of the contract.
8.1. The contract enters into force and becomes obligatory for the parties from the moment of its conclusion up to full and proper fulfillment of the parties' obligations.
9. Miscellaneous
9.1. All alterations and additions to this agreement must be executed in writing.
9.2. In all that is not provided for in the present agreement, the parties shall be governed by the legislation of the Russian Federation and international law.