Terms & Conditions

Last Updated : August 12, 2024

1. Introduction

These terms and conditions (hereinafter referred to as "Terms and Conditions") constitute a legal agreement between Joana Manuel Dos Santos Jorge, also known as Joana Santos, and her collaborators and team members involved in the provision of services (hereinafter referred to as “the service provider,” “us,” or “we”), and you (hereinafter referred to as “the Client(s)”, “the customer,” or “the user”), collectively referred to as the "Parties.".

1.1 Scope

These Terms and Conditions apply to all orders and sales of services and products concluded between the Client(s) and Us. By contacting us through the website www.joana-santos-commercial-photographer.com, the Client(s) acknowledges that they have read, understood, and fully accepted these Terms and Conditions without reservation.

1.2 Services Offered

We offer services as presented on the website www.joana-santos-commercial-photographer.com.

1.3 Entire Agreement

These Terms and Conditions contain the entire understanding between Us and the Client(s). They supersede all prior and simultaneous agreements between the Parties.

1.4 Informative Documents

Any documents other than these Terms and Conditions—such as catalogs, prospectuses, advertisements, or notices—are purely informative and indicative. They do not have contractual value. These general conditions of sale form an indivisible contractual document with the service contract signed by the Client(s).

1.5 Official Communication Channels

Client(s) are required to use only our official communication channels to ensure clear, secure, and efficient communication :

1. Contact form via our website.

2. Emails with the domain @joana-santos-commercial-photographer.com .

3. Scheduled phone calls or text messages via the app WhatsApp to our phone number +351934419874.

All communication must be conducted through our official channels. Client(s) are responsible for ensuring that their contact information is accurate and up-to-date. We cannot be held liable for any miscommunication resulting from incorrect or outdated contact details.

Important: Orders or communications through unofficial channels will be declined for security reasons. We are not responsible for any fraudulent activity or fake profiles. Client(s) must ensure that all communication is authentic and conducted through the prescribed channels.

For more details, please refer to Section 6: Communication Policy.

1.6 Modifications and Waivers

The only way to add to or change these Terms and Conditions is through a written document signed by all Parties. If the Parties agree to waive a specific provision of this agreement, it does not imply that any other provisions are also waived. A waiver of any provision is only effective if it is documented in writing and signed by the Party against whom the waiver is sought.

1.7 Definitions

Additional Fees: Charges that may apply beyond the base service fee, including travel expenses, overtime, and special requests, as outlined in the pricing and booking policy.

Booking Confirmation: A formal acknowledgment sent to the Client confirming the reservation of the service and the scheduled date, upon receipt of payment.

Cancellation: The act of terminating the service agreement by the Client(s) before the Service Commencement. This includes any notification by the Client(s) to cancel the session or service before the agreed-upon start date.

Client(s): Refers to the individual or entity that engages our services as outlined in these Terms and Conditions. This includes any person or organization that contacts us, agrees to the service terms, and is responsible for payment and other obligations as described herein.

Client Selection: Involves providing the Client(s) with a photo gallery or selection tool where they can choose their preferred images for further editing. This ensures that the final edited images meet the client’s preferences and expectations.

Confidentiality: The obligation to keep certain information private and not disclose it to third-parties without consent, as outlined in the

Culling: The process of reviewing and selecting the best images from the shoot, discarding duplicates or suboptimal shots to create a manageable set of high-quality images. confidentiality clause of the agreement.

Deliverables: The final products or outputs provided to the Client as a result of the services rendered, including but not limited to photographs, videos, digital files, and printed materials.

Digital Deliverables: Refers to items such as digital photos, videos, and other intangible content provided to the Client(s) electronically or digitally. These items are considered delivered once they are made available to the Client(s) through the agreed-upon method.

Editing and Retouching: Includes adjusting the chosen images for aspects such as color correction, exposure, cropping, and removing any imperfections to enhance their quality. It also includes the process of assembling the raw footage into a cohesive and polished video, including cutting, arranging scenes, and adding transitions.

Force Majeure: Circumstances beyond the reasonable control of either party that prevent or delay the performance of obligations under these Terms and Conditions. This includes, but is not limited to, natural disasters, acts of terrorism, strikes, and other unforeseen events that make performance impossible.

Intellectual Property: The legal rights associated with the creative works produced as part of the service, including copyrights, trademarks, and any proprietary content.

Official Communication Channels: The designated methods for communication between the Client(s) and the Service Provider.

Post-Production: Involves all tasks performed after production phase. For images, this includes culling, client selection via photo gallery, editing, retouching, cropping, and removing imperfections, followed by exporting to the desired file type for final delivery. For video, it encompasses derushing, assembling footage, cutting, color grading, arranging scenes, adding transitions, and delivering the polished final product.

Pre-Commencement Cancellations: Refers to cancellations made by the Client(s) before any work related to the service has begun and within the 14-day withdrawal period, entitling the Client(s) to a refund, subject to the terms outlined.

Pre-Production: Encompasses all activities and planning tasks carried out before the commencement of the actual production. This phase is essential for the project to begin and may include conceptualizing the project, planning, creating mood board(s), scouting and securing location(s), booking third-part service prodiver(s), arranging necessary equipment and props, and scheduling the production date(s). Additionally, it involves coordinating with the Client(s) to finalize details, such as meetings to discuss project requirements and confirm expectations. The specifics of pre-production can vary depending on the project and its requirements, aiming to ensure that all essential preparations are made for a smooth production process.

Price Quote: A preliminary estimate provided to the Client(s) detailing the costs associated with the requested services. This quote is valid for a specified period and forms the basis of the service agreement once accepted.

Production: Refers to the phase in which the actual photo or video work is carried out following the pre-production preparations. This stage involves executing the creative vision as planned, which includes setting up and arranging the shoot environment, capturing images or footage, and making real-time adjustments as necessary. For photography, this means taking photographs according to the agreed-upon concepts and direction. For video production, it includes recording video scenes, managing audio, and ensuring that all elements are aligned with the project’s goals. The production phase is crucial for translating the pre-production planning into tangible outcomes, and its success depends on the effective execution of all planned activities.

Proforma Invoice: A preliminary bill of sale sent to the Client before the actual invoice. It provides a detailed estimate of the costs involved and is used to confirm the Client's intent to proceed with the service.

Refund: The return of funds to the Client due to service cancellations, overpayments, or other qualifying reasons, as detailed in the refund policy.

Refund Processing: The procedure and timeline for issuing refunds to the Client(s) when applicable. This includes the method of payment and the expected time frame for processing refunds, subject to the conditions outlined in these Terms and Conditions.

Rescheduling: The process of changing the date or time of the service to an alternative that is mutually agreed upon by the Client and us.

Security Requirements: Refers to the conditions necessary to ensure the safety of the Service Provider, their team, and equipment during the performance of services. This may include the need for additional security measures such as a bodyguard or security team.

Service Commencement: Refers to the start of all activities related to the project, including pre-production, production, and post-production work. This includes any actions directly related to the delivery of the service, such as planning, executing the shoot, and editing or other post-production activities. Service commencement begins once we start working on any aspect of the project.

Service Provider: Refers to Joana Manuel Dos Santos Jorge, also known as Joana Santos, including her collaborators and team members involved in providing the services described in these Terms and Conditions. This term may also be used interchangeably with “us” or “we.”

Session: Refers to the scheduled period during which photographic or video services are provided. This includes all activities directly related to capturing images or footage, such as setting up equipment, directing subjects, and recording content. The session encompasses the entire duration from the start to the completion of the service delivery, including any on-site adjustments or interactions necessary to achieve the desired outcome.

Tax Invoice: A formal invoice issued after the payment has been received, which includes the final total amount due, including VAT if applicable, and serves as a record of the transaction for tax purposes.

Third-Party Service Provider: Refers to individuals or entities, other than Joana Santos, who collaborate on the project. This may include, but is not limited to, creative team members (such as makeup artists, stylists, and assistants), security personnel, and other specialized service providers. While Joana Santos may recommend trusted collaborators, the Clien(t) is responsible for directly engaging these third-party providers. For more details, please refer to Section 4. Third-Party Service Providers

2. Pricing Policy

All prices are expressed in Euro (€) and are displayed excluding VAT. VAT may be applicable depending on the applicable regulations at the time of invoicing. The total amount payable, including any VAT that may become applicable, will be clearly specified on the proforma and tax invoice. Please note that VAT cannot be recovered from a Proforma Invoice; a tax invoice and receipt will be issued upon receipt of payment.

2.1 Packages and À La Carte Pricing

We offer both package and à la carte pricing options to suit a variety of needs. Our comprehensive pricing guide, detailing these options, is available upon request. To receive a copy, please contact us via email at [your email address] or through the contact form on our website.

2.2 Travel Fees, Costs, and Expenses

The Client(s) is/are responsible for all expenses, costs, and fees related to the service, including but not limited to travel time and fees, transportation costs, accommodation costs, meals costs, parking costs, shipping costs, and other incidental expenses.

Local Travel: For locations where we need to travel by personal vehicle, with a limit of 1 hour and 30 minutes of travel time from our private location, the travel distance is calculated from my location using Google Maps and rounded up to the next multiple of 10 kilometers. Travel time fees and travel costs will apply.

The total time for local travel and our presence on-site should not exceed 9 hours if the round trip must be completed on the same day. If the travel time exceeds this limit or if the photographer needs to remain on-site for more than one day, additional arrangements will be required.

Accommodation or personal transportation must be chosen by the photographer and arranged in advance. This is to ensure that the conditions allow for satisfactory safety for the photographer, their team, and equipment. Under no circumstances will the photographer accept accommodation provided by the Client(s), travel in a vehicle with the Client(s), or agree to any other arrangements outside of those specified, unless explicitly agreed upon in writing by the photographer.

For travel exceeding the specified distance, arrangements will be considered on a case-by-case basis to allow for accurate budgeting.

Security Requirements: If deemed necessary for safety reasons, we may be require a bodyguard or security team to ensure the safety of the photographer, the team, and equipment. This is required to maintain security conditions suitable for conducting the work effectively.

2.2 Price Changes and Notifications

Prices shown on our website are subject to change without prior notice. We strive to maintain consistent pricing, but reserve the right to adjust prices as necessary. Clients will be informed of any price changes as soon as reasonably possible.

2.3 Services Agreement:

Any services that have been previously agreed upon will be invoiced at the price agreed upon at the time of the agreement, regardless of subsequent changes to our standard pricing. This means that once a service has been confirmed and the terms agreed upon, the price for that service will not change, even if prices for other services on our website are adjusted after the agreement.

2.4 Discounts and Special Offers:

Any discounts or special offers are subject to specific terms and conditions, which will be communicated at the time of the offer. Discounts apply only to the services for which they were given and are not retroactively applied to previously agreed-upon services unless explicitly stated otherwise.

2.5 Pricing Confidentiality

All pricing, discounts, and related communications between the Client(s) and us are confidential. Clients agree to keep this information private and share it only as necessary to fulfill obligations under this Agreement. This confidentiality obligation extends to preventing the use of this information for any business purposes, whether competitive or otherwise. Unauthorized disclosure or use of this information may result in legal action.

2.6 Third-Party Service Prodivers

Clients may require services from third-party providers, such as creative team members (e.g., makeup artists, stylists), security personnel, or other specialized professionals. While Joana Santos may recommend trusted collaborators, these third-party providers are engaged directly by the Client(s). The Client(s) are solely responsible for negotiating, contracting, and paying for these services. Joana Santos does not subcontract third-party providers and is not responsible for their performance or work. Any agreements with third-party service providers are independent of our services and should be managed separately by the Client(s). For more details, please refer to Section 4. Third-Party Service Providers.

3. Payment Terms

Payment is required to initiate and confirm all aspects of the service. Without payment, no work will be undertaken. Prompt payment is crucial to finalize your booking(s) and secure the scheduled service(s).

3.1 Work Commencement and Payment

No work will commence prior to the receipt of payment. The service is considered to have commenced when we start working on the project.
This includes, but is not limited to:

1. Booking and Scheduling: Securing dates for services and any related scheduling work.
2. Pre-Production Activities: Creation of mood boards, organization of shoots, location scouting, model calls, location bookings, equipment arrangements, collaboration with partners, and any other pre-production work.
3. Production Activities: Preparation of sets, conducting test sessions, photo or video sessions, and any other production-related tasks.
4. Post-Production Work: Editing, retouching, and other post-production activities.
5. Delivery: Provision of non-edited images for client selection via a photo gallery or final images, videos, or other deliverables.

This encompasses all tasks from initial organization to final delivery of the service.

3.2 Payment Methods

We accept the following payment methods:

1. Direct Bank Transfer: Our bank details will be sent to you via email.

2. MB Way: Payments can be processed using MB Way according to the following procedure:

- For Client(s) with a Moey! or MB Way account, please contact me via the designated contact methods, and I will manually request the payment.

- For Client(s) who do not have a Moey! or MB Way account, I will create a payment link via Moey! which will be sent to you via SMS for easy payment.

Please note: the Client(s) will be responsible for any currency exchange fees as well as any transaction-related fees that may apply.

3.3 Important Note on Cash Payments

In accordance with the European Commission’s Recommendation 2010/191/EU, which establishes the legal tender status of euro banknotes and coins, it is acknowledged that euro currency is recognized for payments within the euro area. However, due to a combination of security and logistical reasons, we do not accept cash payments for our services.

Reasons for Not Accepting Cash Payments:

1. Operational Constraints:

- We operate remotely from a private home studio and frequently work on-location or mobile working environment at various public and private spaces. Additionally, many of our services are provided remotely. Handling cash in these varied and sometimes transient environments poses significant challenges.

- Managing cash involves specific procedures for transportation, secure storage, and the ability to provide change, which are impractical and unsafe in a remote or mobile working environment.

2. Security Concerns:

- Carrying cash poses significant security risks, especially when working in diverse locations that are not controlled by us. The risk of theft or loss is heightened when dealing with physical cash.

- To mitigate these risks and ensure the safety of both our clients and ourselves, we opt for electronic payment methods which provide a safer and more secure transaction environment.

3. Streamlined Payment Process:

- Electronic payments facilitate a more efficient and streamlined process for both parties. They provide immediate confirmation of transactions and eliminate the need for handling physical money.

- This policy aligns with modern business practices that prioritize security and convenience, ensuring that all transactions are processed smoothly and securely.

Compliance with European Guidelines:

While euro banknotes and coins are legally recognized as means of payment under European law, specifically the European Commission’s Recommendation 2010/191/EU, we choose not to accept cash due to the aforementioned reasons. This policy helps us maintain a secure and efficient business operation, and we appreciate your understanding and cooperation.

3.4 Payment Delays

Accepted Price Quotes: When a price quote is accepted, a proforma invoice is automatically issued. Payment for accepted price quotes is due by the next business day,.

Proforma Invoices: After accepting a price quote or booking a service via email, a proforma invoice will be issued. This proforma invoice details the anticipated costs and serves as a preliminary request for payment. Payment is required by the due date specified on the proforma invoice or by the next business day if no specific date is provided.

Online Bookings via Online Booking System: For bookings made through an online booking system, payment is required at the time of reservation. This immediate payment secures your booking and confirms your commitment to the scheduled service. If payment is not completed at the time of booking, the reservation may be subject to cancellation.

Bookings via Email: After receiving your booking request via email and confirming the details, a proforma invoice will be issued. Payment for email bookings is due by the next business day following the receipt of the proforma invoice.

Bank Transfers: For payments made via bank transfer, the funds should be received within 5 business days from the due date specified in the invoice or payment request. This timeframe allows sufficient time for the payment to be processed and verified.

MB Way Payments: For payments made through MB Way:

1. Payment Request via Moey! or Link: Once a payment request is initiated, you will receive either a payment request via Moey! or a payment link via SMS. Please allow up to 2 business days for us to send this request after the booking has been made.

2. Client Payment: The client is expected to complete the payment within 2 business days of receiving the payment link.

3.5 Overdue Payment

In the event that payment is not received by the due date specified in the invoice or payment request, the following terms apply:

1. Interest on Overdue Amounts: Payments that are overdue, except in cases of Force Majeure, will incur a daily interest charge of 5% on the outstanding amount. This interest will accrue from the due date until the full payment is received.

2. Withholding of Services: If payment is not received within the specified timeframe, the photographer reserves the right to withhold delivery of final products or the provision of services until the outstanding balance is settled.

3. Collection Fees: In the event that overdue payments require collection efforts, any associated costs will be the responsibility of the Client(s). This includes, but is not limited to, legal fees and collection agency fees.

4. Reinstatement of Services: Once payment is received, services will be reinstated, and any additional fees incurred due to the delay will be applied.

Notification of Overdue Payments

Clients will be notified of overdue payments via email. A grace period of 5 business days may be provided from the due date before interest and additional charges are applied. During this grace period, no interest or penalties will be charged. If payment is not received within the grace period, interest and additional charges as specified in section 3.5 of these Terms and Conditions will be applied.

4. Third-Party Service Provider

Clients may require services from third-party providers to complement or enhance the services provided by Joana Santos. These providers can include, but are not limited to, creative team members (e.g., makeup artists, hair stylists, fashion stylists), security personnel, or other specialized professionals (e.g., lighting technicians, caterers).

4.1 Recommendations and Collaborations

Joana Santos may recommend trusted collaborators based on her subjective personal experience working with them. While these recommendations are provided to assist the Client(s), Joana Santos does not function as an agency and cannot guarantee the performance or reliability of any third-party service provider. All recommendations are subjective, and the Client(s) should make independent evaluations when choosing to engage third-party providers.

4.2 Independent Contracting

By default, the Client(s) are solely responsible for negotiating, contracting, and paying for the services of any third-party providers. Joana Santos does not act as an agent or intermediary for these providers and does not assume any responsibility for their performance, punctuality, or quality of work. Any agreements with third-party service providers are entirely separate from Joana Santos' services, and all issues, disputes, or claims related to third-party services must be resolved directly between the Client(s) and the third-party provider.

4.3 Subcontracting for Specific Services

Joana Santos reserves the right to subcontract specific services, such as photo editing or video editing, but only in situations where she is unable to complete the entire post-production process herself due to personal reasons. This decision will be made solely at her discretion and not at the request of the Client(s). In such cases, Joana Santos will manage the subcontracted services to ensure they align with the overall project objectives, and the work will remain under her supervision. The Client(s) will not need to contract or negotiate these services independently, and payment for subcontracted services will be included in the overall project fee.

However, if the Client(s) specifically requests that third-party providers handle post-production or other aspects of the project, this will be considered independent contracting, as mentioned in the section 4.2 Independing Contracting. In such instances, the Client(s) will be fully responsible for selecting, negotiating, and managing these third-party services separately from Joana Santos' scope of work.

4.4 Third-Party Liability

Joana Santos is not liable for any damages, losses, or issues arising from the work of third-party providers. This includes, but is not limited to, no-show, delays, errors, accidents, or any other matters related to the services performed by third-party providers. The Client(s) agree to indemnify and hold Joana Santos harmless from any claims related to third-party services.

4.5 Right to Refuse Collaboration

Joana Santos reserves the right, at her sole discretion, to decline or terminate collaboration with any third-party service provider if she believes that the collaboration could compromise the quality, integrity, or overall vision of the project, or her professional reputation. This includes, but is not limited to, cases where the third-party provider's practices, standards, communication, or approach conflict with Joana Santos' creative vision, work ethics, or professional standards.

Joana Santos prioritizes maintaining high standards in her work and ensuring that all collaborators share this commitment. Therefore, if a third-party provider’s involvement threatens to undermine these standards—whether through unprofessional conduct, inadequate quality of work, or a lack of alignment with the project's objectives—Joana Santos reserves the right to veto their participation. This decision is final and will be communicated to the Client(s) as soon as possible.

Should Joana Santos deem a third-party collaboration unsuitable, the Client(s) will be informed promptly, and it will be the responsibility of the Client(s) to arrange for alternative service providers, or adjust their project expectations accordingly. Joana Santos is not obligated to find or recommend a replacement provider, though she may choose to do so if deemed appropriate.

4.6 Coordination and Logistics

While Joana Santos may assist in coordinating third-party services as part of the overall project planning, this coordination is offered as a courtesy and does not imply any responsibility for the execution of third-party services. The Client(s) should ensure that all necessary arrangements, logistics, and payments are managed directly with the third-party providers.

4.7 Image Usae and Confidentiality

All images, videos, and other content created by Joana Santos remain the intellectual property of Joana Santos. Under no circumstances are third-party service providers authorized to use, publish, or distribute any images, videos, or other content created by Joana Santos without her explicit written consent.

Similarly, any content created by third-party providers that may be integrated into the final deliverables (e.g., music, graphics, styling, makeup work, etc.) remains their intellectual property unless otherwise stated in a separate agreement. No unauthorized use, publication, or distribution of third-party providers' copyrighted work is permitted without their explicit written consent. All Parties must respect the copyrights of any third-party content used in the project.

Additionally, third-party providers must adhere to strict confidentiality regarding any personal information, project details, or other sensitive information they may be privy to during their collaboration. They are not authorized to disclose, share, or use any confidential information without the express permission of Joana Santos and the Client(s). Any breach of confidentiality by a third-party provider will result in immediate legal action and may lead to the termination of the project or collaboration.

5.8 Coordination with Third-Party Providers

In the event that Joana Santos is required to coordinate with third-party providers on behalf of the Client(s), this coordination will be considered an additional service and will be billed accordingly. This includes, but is not limited to, scheduling, communication, and managing the logistics of the third-party providers' involvement in the project. The costs associated with this coordination service will be clearly outlined in the price quote, proforma and/or final invoice provided to the Client(s).

5.9 Security and Special Requirements

If the project necessitates the involvement of security personnel or other specialized services to ensure the safety and security of all individuals involved, including Joana Santos, her team, and any third-party providers, the Client(s) are responsible for engaging qualified professionals to meet these needs. This includes, but is not limited to, securing the location, providing personal security for the team, and ensuring that all necessary safety measures are in place.

Joana Santos reserves the right to refuse to work in conditions where adequate security or safety measures are not in place. If security requirements are not met, Joana Santos will not be obliged to proceed with the project, and any related costs or losses will be borne by the Client(s).

5. Booking Policy

This section outlines the process and conditions for booking our services. Please read carefully to understand how to proceed with your booking.

5.1 Service Booking Process

To book a service or request a price quote, please follow these steps:

1. Initial Contact: Send your inquiry via email to hello@joana-santos-commercial-photographer.com or booking@joana-santos-commercial-photographer.com, or via our contact forms on our website at www.joana-santos-commercial-photographer.com. Please provide as much detail as possible about your requirements, session date(s), time, location.

2. Receive Our Response: Upon receiving your request, we will respond via email within 5 business days. Our response may include:

- Our pricing guide: If appropriate, we may include a link to our pricing guide to offer additional clarity on our packages, and à la carte pricing.
- A suggestion for a phone call or a list of written questions if additional details are needed.
- A preliminary price quote based on your provided details.. This quote is valid for 30 days and will include the details and terms of the service.
- A proposal outlining the scope of the service. This includes a comprehensive description of the services to be provided, and if applicable, information about any external collaborators involved. This will help you in budgeting for the entire project, though please note that any fees for external collaborators will be directly handled by them and are not included in our charges.

3. Confirm the Quote/Proposal: Review the proposal and price quote. Confirm your acceptance by clicking the button in the price quote or by replying to our email. This step is crucial to proceed.

4. Payment Instructions: After receiving your confirmation, we will send you payment instructions via email. Follow these instructions to complete the payment.
5. Receive Booking Confirmation: Once payment is received, you will get a booking confirmation email. This email will confirm your booking, scheduled session and secure the date for you. Your booking is considered confirmed only when you receive this confirmation email.

6. Service Commencement: The service is considered to have commenced when we start working on the project, which includes pre-production, production, and post-production activities. This encompasses all tasks from initial organization to final delivery of the service.

5.2 Pre-Booking

By default, to secure a date, payment must be received. However, with proof of payment, we agree to hold a tentative pre-booking for up to 5 business days. If payment is not received within this 5-day period, the date will be released for other clients.

5.3 Price Quote Request

To request a price quote for custom orders, use our contact form in our website or email at hello@joana-santos-commercial-photographer.com or booking@joana-santos-commercial-photographer.com. We provide quotes via Ascend by Wix from hello@joana-santos-commercial-photographer.com, valid for 30 days. Acceptance of the quote, either electronically or via email, constitutes a contractual agreement. Payment must be processed upon acceptance; work will not commence until both acceptance and payment are received.

5.4 Rescheduling and Location Change Policy

To ensure smooth service, please notify us immediately by email at hello@joana-santos-commercial-photographer.com or booking@joana-santos-commercial-photographer.com of any changes to the schedule or location. Rescheduling a booked date will be treated as a client cancellation and will be subject to our cancellation policy outlined in Section 7.2, Client Cancellation Policy. Confirmation of receipt will be provided by Us via Email. Please be aware that the availability of new dates or locations cannot be guaranteed. Changes may incur additional fees, costs and expenses, which will be the responsibility of the Client(s). While we strive to accommodate reasonable requests, we cannot guarantee availability, feasibility, or adherence to the initial budget.

6. Communication Policy

6.1 Official Channels

Client(s) are required to use only our official communication channels to ensure clear, secure, and efficient communication :

1. Contact form via our website.

2. Emails with the domain @joana-santos-commercial-photographer.com.

3. Phone calls or messages via the app WhatsApp to our phone number +351934419874, scheduled via our website.

6.2 Phone Appointments

Client(s) are encouraged to schedule phone appointments via our website to ensure efficiency. Appointment requests will be manually reviewed, and alternative dates and times will be proposed if necessary to maintain service quality.

6.3 Response Time

We aim to respond to all communications within 2 business days. Client(s) are requested to confirm all events and times at least one week prior to the scheduled session. While we strive to accommodate last-minute requests, we cannot guarantee their fulfillment.

6.4 Phone Calls and Communication

Client(s) can schedule phone calls via the contact forms in our website and via email at hello@joana-santos-commercial-photographer.com. As a freelance photographer focused on uninterrupted work, phone calls are muted by default except for authorized calls. On the day of the photoshoot, communication with the Photographer is available through WhatsApp at +351 934 419 874.

6.5 Connectivity and Technical Issues

In cases of internet or signal outages, or other technical issues, communication cannot be guaranteed. We are not responsible for any missed or delayed communication resulting from such technical difficulties.

6.6 Non-Response Policy

If no response is received from the Client(s) after an initial email that includes important details or questions that require the Client’s attention or action and a follow-up email within a two-week period, it will be considered a Client cancellation, unless the Client(s) has informed us in advance that they will be unavailable. In such cases, we appreciate having the contact details of a secondary person who could respond on their behalf if necessary.

7. Refund Policy

7.1 Right of Withdrawal

Legal Rights and Exemptions:

Under the EU Consumer Rights Directive (2011/83/EU), consumers generally have the right to withdraw from a contract within 14 days of its conclusion. However, there are specific exceptions for both goods and services, detailed in Article 16 of the Directive, which are particularly relevant to our offerings:

1. Services and Customized Goods:

Service Contracts: According to Article 16(a), the right of withdrawal does not apply to service contracts once the service has been fully performed, provided that the performance began with the consumer’s prior express consent. By agreeing to our services, you acknowledge that you forfeit the right of withdrawal once the service is fully completed.
Tailored or Personalized Goods: The right of withdrawal does not apply to goods that are customized or tailored to your specific needs or preferences. This means that once production or creation of a personalized item has begun, the right to withdraw no longer applies, as per Article 16(c).

2. Digital Content:

Digital Deliverables: Items such as digital photos, videos, and other digital content are classified as "digital content provided on an intangible medium." According to Article 16(m), the right of withdrawal does not apply if the performance of these services has begun with your prior express consent and acknowledgment that you will lose the right of withdrawal.

3. Client Consent and Commencement :

Client Consent: If you give your consent for us to begin organizing and working on the project before the end of the 14-day withdrawal period, and you are informed that you will lose the right of withdrawal once the service commences, the right of withdrawal no longer applies. Service commencement is defined as starting any work related to pre-production, production, or post-production.

Pre-Commencement Cancellations: If you cancel before we have started working on the project and within the 14-day withdrawal period, you are entitled to a refund according to the right of withdrawal.

Cancellation After Service Commencement: Once we have commenced working on the project, with Client consent or after the Right of Withdrawal expires, the right of withdrawal no longer applies, and any payments made are not be refundable based on the right of withdrawal.

7.2 Client Cancellation Policy

General Policy: Uner the EU Consumer Rights Directive (2011/83/EU), you have the right to withdraw from the contract within 14 days of its conclusion, provided the service has not yet commenced. If you cancel within this period and before we start working on the project, you may be entitled to a refund.

Pre-Commencement Cancellations: If you cancel before we have started working on the project and within the 14-day withdrawal period, you are entitled to a refund according to the right of withdrawal.

Costs and Expenses: In the event of cancellation before the right of withdrawal has expired, you will be responsible for any costs already incurred.

Non-Refundable Payments: Payments for our services are non-refundable if cancellation occurs after service commencement and after the withdrawal expires. This includes any fees and costs associated with pre-production, production, and post-production activities. Deliverables and digital products are also non-refundable.

Rescheduling: If Client(s) cancel and subsequently wish to reschedule, please note that rescheduling will be subject to the availability of new dates. In cases where rescheduling is possible, any new fees or costs associated with the rescheduled session will be the Client’s responsibility. Payments made for the original booking are non-refundable.

Print Orders: Refunds for print orders are governed by Pic-Time's terms and conditions. Processing times are subject to their policies, and while we ensure timely processing, we are not liable for delays due to Pic-Time's procedures.

7.3 Weather-Related Cancellations

Client Cancellations Due to Weather Preferences: If you cancel a session due to weather conditions that do not meet your preferences (e.g. full sun, partial shade, cloudy sky, fog) while conditions remain safe for the session, this will be considered a client cancellation. As a result, payments made will be non-refundable. For more details, please refer to Section 6.2 Client Cancellation Policy.

Adverse Weather Conditions: In the event of weather conditions that affect equipment safety (e.g., rain, strong wind, snow), the session will be rescheduled. Fees specifically related to this session will be credited towards a future session. However, any fees, costs, and expenses incurred up to the point of rescheduling, including but not limited to pre-production, location costs, and equipment rental, will remain the Client's responsibility and are non-refundable.

Service Provider Unavailability: If we are unavailable due to illness or injury, we will offer options to reschedule the session or provide a replacement service provider if available. If we cannot find a suitable solution, a refund of the fees related to this unavailability will be issued. For more details, please refer to Section 7.5 Refund Processing.

7.4 Force Majeure

Neither party shall be liable for any failure to perform their obligations due to circumstances beyond their reasonable control, such as natural disasters or strikes. The affected party will notify the other party by email at hello@joana-santos-commercial-photographer.com and make reasonable efforts to mitigate the impact. Obligations will be suspended for the duration of the Force Majeure Event. Fees paid for the work or session that cannot be performed will be credited towards a future session, but any incurred costs up to the point of the Force Majeure Event and additional costs for rescheduled sessions will remain the Client's responsibility.

7.5 Refund Processing

Refunds, if applicable, will be processed within 15 business days via bank transfer upon receipt of Client(s) bank details. Delays due to incomplete information or financial institution processing times are not our responsibility.

7.6 Acknowledgment of Terms:

By booking our services, you acknowledge and agree to these terms and conditions, including the non-refundable nature of certain fees and the application of the right of withdrawal as described above.

8. Post-Production Policy

8.1 Photo Selection

8.1.1 Accessing the Gallery: Accessing the Gallery: After the photoshoot, the Client(s) will receive an email containing a link to a private, password-protected online photo gallery. This gallery is exclusively accessible to the Client(s) and any authorized third parties. It provides a secure platform to review and select photographs for editing. The gallery can be accessed on devices including computers, phones, and tablets, ensuring convenience and flexibility in making selections.

8.1.2 Selection Process: The Client(s) can browse the gallery and choose their preferred photographs for editing. To create a list of selected images, Client(s) should click the heart icon on their favorite photographs or use the selection tool provided by the gallery. This favorite list can then be sent directly to the photographer via the photo gallery platform. Client(s) are requested to complete their selections within a two-week time frame to ensure timely processing. Once selections are finalized, no further modifications can be made.

8.1.3 Additional Edits - Requests Beyond Agreement: Should the Client(s) wish to have additional photographs edited beyond the agreed-upon number, they must contact the photographer via email to request a price quote. The photographer will provide a quote based on the additional editing required. Acceptance of this quote and payment must be completed before any further editing is undertaken.

8.1.4 Deadline for Selection: The Client(s) have a two-week period from the date the gallery link is sent to make their selections. If the Client(s) do not choose their preferred photographs within this time frame, the photographer will curate a selection based on the agreed-upon number of edited images. This curated selection will be based on the photographer’s professional judgment to ensure quality and coherence.

8.1.5 Finalizing Selections and Confirmation: Once the Client(s) have made their selections, they should confirm their choices with the photographer via email or via the photo gallery. This confirmation finalizes the selection process and initiates the editing phase.

8.1.6 Photo Backup Provision and Extended Backup Purchase: A photo backup is provided for one month after delivery through the online photo gallery. Beyond this period, backup availability is not guaranteed, and retrieval of images may incur additional fees. Clients have the option to purchase extended backup services through the gallery store, which maintains access to the gallery and provides ongoing cloud backup through Pic-Time, a third-party service provider.

Please note that the backup service is managed by Pic-Time, and we cannot be held responsible for any issues related to the backup process or storage provided by Pic-Time. Additionally, we cannot be held liable for any loss or damage due to inadequate backup on the client's part. It is the Client's responsibility to ensure that their backup copies are securely managed and maintained.

8.1.8 Delivery: Digital images will be, by default, delivered within one month after the photoshoot via an online photo gallery. Images will be available in Web-Ready JPG format at a default 2048px web-ready file. Other formats may require extended usage rights.

8.1.9 Physical Products & Prints: Physical print products are fulfilled by Pic-Time’s photo laboratory partners. The photographer is not liable for delivery issues, delays, or damages. Any delivery issues will be investigated with the carrier.

8.1.10 Revisions and Additional Editing: Revisions are, by default, not included in the service. Additional charges apply for requested changes based on the extent of the work. The photographer reserves the right to reject requests that do not meet quality standards. The photographer will use professional judgment for editing and retouching, including color correction, contrast, and more detailed adjustments. Additional client-requested edits will incur extra fees.

Authorization Forms, Photo & Video Releases, and Permits:

To comply with laws and regulations, the service provider requires specific authorization and consent forms, including but not limited to photo & video release or consent forms, to be signed before the scheduled session.

For transparency, our standard photo & video release and consent forms are available on our website’s contact page. They can be signed electronically on most devices, including computers, tablets, and mobile phones.

Client(s) requesting a photoshoot that requires photo & video release authorizations for themselves, or any other individuals who will be photographed during the session, must review these forms before placing their service request. Refusal to sign these forms will result in the photoshoot being considered a Client cancellation.

For real estate photography or any service requiring, for example, a rented location, it is the Client(s) responsibility to obtain all necessary permits and cover any associated costs. Failure to obtain the required permits or pay necessary fees may prevent the Photographer from providing the requested service, for which the Photographer cannot be held responsible.

Indemnification:

The Client(s) agree to indemnify and hold harmless Joana Santos, its affiliates, employees, agents, collaborators, contractors, and licensors from and against any and all claims, demands, causes of action, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in any way related to:

The Client(s)' breach of any provision of these Terms and Conditions.

The Client(s)' violation of any law or the rights of a third-party.

The Client(s)' use of the photographs or services provided by Joana Santos

Any content submitted or transmitted by the Client(s) through our website or services.

Any unauthorized use of any content obtained from our website or services.

Any negligence or willful misconduct by the Client(s).

Additionally, the Client(s) shall indemnify and defend the Photographer against all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from the creation or any use of the Photos or materials provided by the Client(s). It is the Client(s)' responsibility to obtain the necessary model consent, property releases or permits and ensure they are fully effective and in force.

This indemnification obligation will survive the termination of these Terms and Conditions and the Client(s)' use of our website or services.

Photographer's Creative Control:

The Photographer maintains full creative authority over the pre-selection and editing of photographs. The delivered digitals may not encompass all shots taken during the session. Only images meeting the Photographer's professional quality standard and artistic vision will be released.

The method and style of photography are solely at the discretion of the Photographer. Client(s) do not have authority over the Photographer's approach. While efforts will be made to align with Client(s) specifications, final creative decisions rest with the Photographer.

Intellectual Property:

The Photographer retains full ownership and copyright of all photographs created during the shoot. By default, the Client(s) grants permission for the Photographer to use the photographs for marketing purposes. If the Client(s) prefers exclusivity, they may purchase an exclusive photo license at an additional cost. Any modification, reproduction, or use of the photographs beyond the agreed license requires written permission from the Photographer. Unauthorized usage constitutes a breach of copyright and may result in legal action.

Photographer Credit:

It is a legal requirement to acknowledge the authorship of the photographs. The Client(s) must credit the photographer by including their name or copyright symbol (Ⓒ) along with the year of the photo, on all digital or print publications (e.g. Photo by Joana Santos, Commercial Photographer). For social media posts, tagging the Photographer's account is required. Failure to credit may result in legal action.

All photographs created by the Photographer are protected under copyright laws, and the Photographer retains the copyright to all images.

The Client(s) agree not to use the photographs for any purposes without purchasing a photo license from the Photographer. Copyright notices must not be removed or altered, and unauthorized use may result in legal action.

The Client's purchase of files releases the Photographer from liability for loss or damage and from any obligation to maintain copies. By default, the Client(s) grant the Photographer the right to license the photos to other parties.

Usage Right:

The licenses sold on our website online store are Limited Rights, Rights-managed, Non-Exclusive, Non-Transferable, Non-Sub-Licensable Limited. They have specific usage durations. For extended or exclusive rights, please request a price quote. Clients can request a preview of the desired license before purchase.

Clients may not alter or edit the images without the photographer's written consent, except for adding company names, logos, cropping, or text related to the company for advertisement purposes.

Unauthorized use of the photographs may result in legal action.

Editing and Retouching:

Joana Santos will use their professional judgment and expertise to edit and retouch the photographs, including adjustments such as color correction, contrast, brightness, cropping, and other technical enhancements. Retouching may also involve more detailed edits like object removal, skin retouching, and dust cleaning. Any additional editing requested by the client(s) beyond the initial editing will incur an extra fee.

Both parties agree to use only the photographs processed by the photographer or by an external photo editor chosen by Joana Santos, based on their requirements.

Please note that the photographer reserve the right to refuse requests that involve altering someone's physical appearance by distorting their face or creating unrealistic results that may be problematic for the use of the photographs.

Service Performance:

Both parties agree to maintain cheerful cooperation and open communication to achieve the best possible results. While the service provider commits to delivering high-quality images or videos as outlined in the order, it's important to note that the service provider is not obligated to guarantee specific outcomes. The artistic content is at the discretion of the Service Provider.

Limitation of Liability:

In the event that our service becomes unavailable due to illness or injury on our part, we will offer options for rescheduling or provide a replacement service provider if possible. If no solution can be found, a refund will be issued.

While we take precautions to prevent loss or damage to your images and videos, unforeseen circumstances may arise where images could be lost, stolen, or destroyed. The service provider will promptly address the situation and propose a suitable resolution. This may include a partial refund of creative fees or a proportional refund based on the quantity of images/videos delivered.

Furthermore, the service provider is not liable for missed photographs or videos resulting from weather conditions, scheduling issues, location restrictions, or interruptions by third-parties. We do not guarantee a specific number of final photographs or the behavior of subjects. Any submitted shot lists are used as reference but may not fully reflect the final output.

Aerial Photo and Video Services:

The drone pilot is a separate business in collaboration with the Photographer. By booking drone services through our online booking system, you acknowledge and agree that the drone pilot and their company are solely responsible for the safe operation of the drone.

By using aerial photography and videography services, you release Joana Santos from any liability related to these services, including accidents, damages, or injuries caused by the drone or the drone pilot.

Outdoor Photography:

The Photographer advises the Client(s) on the best time to start the photoshoot for optimal lighting conditions, taking into account factors like date, sunlight duration, and sun position.

However, as weather forecasts may be unreliable and natural conditions are beyond control, the Photographer cannot be held responsible for variations in brightness, wind, cloud cover, rain, fog, or other weather patterns.

If the Client(s) choose to cancel the photoshoot due to weather conditions not meeting their preferences (e.g., full sun, partial shade, cloudy sky, fog), while the conditions are safe for the session, it will be considered a cancellation by the Client(s).

In the event of rain, strong wind, snow, or any weather that could damage the photographer's equipment, the session will be rescheduled. Booking fees already paid will be credited towards a future session, but any incurred costs and expenses will be due.

Safety Policy:

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

This is not only to ensure that the equipment is not damaged, but also for safety reasons. 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 session, and the responsible party will be held accountable 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 policy, we can ensure a safe and successful session.

The following guidelines will be strictly enforced:

The photographer reserves the right to decline working in any location that 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 her safety, or in any other situation where the safety of the client, team, guests, equipment, or anyone present on set would be compromised.

The photographer reserves the right to refuse to work if the conditions of herself and/or 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.).

The photographer also reserves the right to refuse inadequate accommodation or any location that she deems to have insufficient security measures for her personal safety and equipment, and for her client, team, guests and present on set.

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

All participants must comply with safety regulations and instructions provided by the photographer and team.

All personal belongings and equipment brought onto the set are the sole responsibility of their owners, and the photographer will not be held liable for any loss or damage.

In case of an emergency, participants must follow the photographer's instructions and evacuate safely.

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

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.

Photographer Authority Policy:

During the photo shoot, the Photographer has sole authority over directing and capturing client(s) photographs. No amateur photographer, videographer, or individual may interfere with the Photographer's work. This includes taking photos, adjusting equipment, giving directions to clients, or posing clients. Interference may compromise the final product's quality.

Additionally, the Photographer's assistants and support staff play crucial roles in maintaining set operation. Any interference with their work, such as requesting unrelated tasks or engaging in conversation, may affect the final product's quality. Therefore, Client(s) and all present are requested to refrain from interfering with assistants and support staff.

Client(s) are asked to inform guests of this policy beforehand. Any interference will result in immediate removal from the set to ensure session continuity and everyone's productivity.

Furthermore, Client(s) and individuals present must refrain from taking backstage photographs without prior Photographer and party consent. Authorized photographs should not disrupt the ongoing shoot or individuals present.

Set Access Policy:

Access to the set during a session is restricted to authorized individuals only. Prior consent and authorization from the photographer and/or Client(s) are required for access.

Access to the set is solely at the discretion of the photographer and/or client(s) and may be revoked at any time for any reason. Unauthorized access may result in removal from the set and legal action.

Authorized individuals must conduct themselves professionally and adhere to safety and security policies. Violations may lead to removal from the set and legal action.

Access may be restricted to certain individuals (e.g., models, crew, guests) for safety, creative reasons or any factors deemed necessary by the photographer.

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 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.

Behavior Standards & Anti-Harassment Policy:

Everyone is expected to behave professionally and treat others with dignity and respect.

The photographer will not tolerate any inappropriate behavior throughout the project, as it affects:

The physical and mental well-being of individual(s)

Productivity and costs

Individuals' reputations

The following behaviors are strictly prohibited:

Harassment, bullying, verbal abuse, physical aggression, and violence

Offensive jokes

Pressure for dates or sexual favors

Inappropriate sexual touching, gestures, comments, or invasion of personal space

Unwelcome comments about religion, race, gender or sexual orientation

Discrimination of any kind

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 violation of human rights will be reported to authorities and pursued legally.

LGBTQ+ Policy:

We strive to create an inclusive environment for all, regardless of sexual orientation or gender identity. We treat all clients, models, and staff with respect and dignity, without discrimination.

Model Selection:

While we may consider specific physical features to meet client(s) preferences, such as eye colour or hair type, we welcome all individuals to apply as models on our website. We celebrate diversity and value each person's uniqueness. Please note that while we aim to accommodate Client(s) requests, we are not accountable for their specific choices regarding model selection. Our ultimate goal is to create beautiful and impactful content while promoting respect and inclusivity.

Model's Privacy and Well-Being:

The Photographer prioritizes the model's privacy, well-being, and comfort to capture the best photographs. This may involve limiting guests or working with a smaller team, or solely with the Photographer. Respecting models as individuals is paramount, as their comfort directly affects their work. Any disruption to the model will result in removal from the set.

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.

Waiver:

No action taken by either party, except through express written waiver, shall be construed as waiving any provision of this terms. A single or partial exercise of any rights or remedies by either party will not prevent further exercise of other rights or remedies.

Severability:

If any provision of the terms and conditions is found to be invalid, illegal, or unenforceable, 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 the parties governed by these general conditions are exclusively subject to Portuguese law. Any dispute relating to the formation, execution, or interpretation of these general conditions, as well as any agreements to which they apply, will, in the absence of 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.

For information on how we collect, use, and protect your personal data, please see our Privacy Policy.

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