TERMS & CONDITIONS

Introduction

The present Terms & Conditions ("Agreement") constitute a binding contractual arrangement applicable to all photographic services, licensing arrangements, and intellectual property transfers between Pagana Studio, a trading entity ("Photographer"), and the requesting party ("Client"). The acceptance, execution, or commencement of a booking engagement shall be deemed as an unconditional acceptance of and agreement to be bound by all provisions hereinafter enumerated.

The Client acknowledges that by initiating a booking transaction for photographic services, they thereby consent to, and undertake to comply with, all terms and conditions delineated herein. Non-compliance with any provision hereof shall constitute material breach of this Agreement.

Booking Fee & Payment

A non-refundable engagement deposit in the amount of £150.00 (GBP) shall be required to effect and secure a contractual binding for photographic services. Said deposit constitutes consideration for the Photographer's commitment to reserve the agreed-upon date and time, inclusive of preliminary consultation, scheduling administration, and preparation thereof.

• The booking deposit shall be deemed transferable in the event of rescheduling, provided that notification of such rescheduling is tendered no fewer than five (5) business days in advance of the originally scheduled engagement, subject to availability of alternative dates within the Photographer's calendar.
• In the event of Client-initiated cancellation or termination occurring fewer than forty-eight (48) hours preceding the scheduled photographic session, the booking deposit shall be retained in its entirety as liquidated damages and shall be non-refundable.
• In the event of Client-initiated cancellation or termination occurring forty-eight (48) hours or more in advance of the scheduled photographic session, the booking deposit shall be refunded in full within fourteen (14) business days.
• Monetary remittance shall be accepted via electronic bank transfer or established digital payment mechanisms.

Payment Timeline & Photo Delivery Contingency: The outstanding balance of all fees for photographic services shall be due in full payment within seven (7) business days of the photographic engagement date. During this seven (7) business day payment period, the Client shall NOT receive access to photographic images, delivery files, or any deliverables whatsoever. Photographic images and all deliverables shall be released exclusively and solely upon receipt of complete monetary payment in full. No partial delivery of images shall occur pending payment. The Client shall receive digital access to all edited, delivered photographs only after the Photographer has received confirmed monetary payment of the outstanding balance in its bank account.

Rescheduling & Date Modification

The Photographer shall, at its discretion, accommodate requests for rescheduling of the scheduled photographic engagement whenever operationally feasible.

• In the event that the Client requests rescheduling with a minimum advance notice period of five (5) or more business days, the booking deposit shall be transferable to the newly agreed date, subject to calendar availability and mutual written consent.
• The nature of interior and architectural photography is inherently dependent upon natural luminosity and atmospheric conditions. The Photographer reserves the right to propose alternative dates more conducive to optimal photographic outcomes, and the Client hereby consents to good faith negotiation regarding such scheduling modifications.

Photographer Equipment Loss, Damage & Unforeseen Circumstances

Should circumstances beyond the Photographer's reasonable control necessitate cancellation or postponement of the scheduled photographic engagement, including but not limited to equipment malfunction, theft of photographic apparatus, hardware damage, or compelling personal or familial circumstances requiring cessation of professional activities, the Photographer shall, at its sole discretion, offer one of the following remedies:

• Full reimbursement of the booking deposit within fourteen (14) business days of cancellation notification; or
• Rescheduling of the photographic engagement to an alternative mutually agreeable date at no additional cost to the Client, with the booking deposit transferring to the new engagement date.

Immediate Notification Obligation: The Photographer shall provide immediate, expeditious written or verbal notice to the Client of any circumstances necessitating cancellation, postponement, or service interruption. Such notification shall be transmitted without unreasonable delay upon discovery of the incident necessitating such notification.

Theft or Robbery on Session Day or Transit: In the event that the Photographer is subjected to theft, robbery, or loss of equipment or personal property on the day of the scheduled photographic engagement or whilst in transit to the Client's property, the Photographer shall immediately notify the Client of such occurrence and shall provide full and unconditional reimbursement of all fees paid by the Client, including the booking deposit, within seven (7) business days of such incident. The Client shall be entitled to claim such reimbursement without requirement of further negotiation or alternative remedy offering.

The Photographer shall provide written notice of such cancellation within forty-eight (48) hours of the occurrence necessitating postponement. This provision applies exclusively to circumstances arising from the Photographer's inability to perform, and does not apply to Client-initiated cancellations.

Pricing Policy & Rate Adjustments

The Photographer expressly reserves the right to modify, adjust, and revise photographic service fees and package pricing at any time, effective on dates to be determined at the Photographer's discretion. However, the pricing structure applicable at the time of booking engagement shall remain binding and fixed for that specific photographic engagement and shall not be subject to retroactive increase.

Large Property Premium Pricing: For residential properties or commercial spaces exceeding two hundred (200) square metres in floor area, supplementary pricing premiums shall apply. Such premium shall constitute an increase of forty percent (40%) applied to the standard Full Day Package rate. Accordingly, a Large Property Session exceeding 200m² shall be billed at £1,259.00 GBP (£899.00 + 40%), subject to mutual written agreement and property assessment prior to engagement confirmation.

Pricing negotiation and customization shall be entertained for exceptional circumstances, extended engagements, or multi-day assignments, contingent upon written correspondence and explicit agreement between Photographer and Client prior to session commencement.

Image Delivery & Technical Specifications

• The Photographer undertakes to deliver all final, professionally edited photographic images within a period of seven (7) business days subsequent to the completion of the photographic session, measured from the final session date.
• Expedited delivery of photographic materials may be accommodated at the Photographer's sole discretion, contingent upon availability of resources and technical capacity, with additional monetary consideration required as agreed in writing.
• Photographic deliverables shall be provided exclusively in edited JPEG format, conforming to the following technical specifications:
  • Resolution of three hundred (300) dots per inch (DPI), appropriate for commercial print reproduction
  • Digital format suitable for web-based and electronic distribution
• Delivery of photographic materials shall be effectuated via secure digital transfer protocols, including but not limited to WeTransfer and Microsoft OneDrive cloud storage systems.
• The Photographer shall not furnish unprocessed source files, RAW format files, or photographic frames not included within the agreed deliverable package.

Creative Discretion & Post-Production Services

The Photographer retains full and exclusive creative discretion regarding all aesthetic and technical determinations pertaining to photographic composition, lighting arrangements, chromatic rendering, and digital post-production methodology, in accordance with the Photographer's professional standards and established portfolio precedent, subject to any specifically agreed-upon creative parameters documented in writing prior to the photographic engagement.

Standard post-production and image processing shall encompass colour grading, exposure equilibration, tonal refinement, and aesthetic enhancement consistent with contemporary professional photography practices. Extraordinary retouching procedures, digital object removal, panoramic compositing, or advanced manipulations exceeding standard processing shall incur additional compensation, payable separately.

Photography constitutes a specialized creative service; subjective aesthetic dissatisfaction or personal preference variance shall not constitute legitimate grounds for financial remediation, refund, or contract termination absent objective technical deficiency in service delivery.

Complaint & Dispute Resolution Procedure

Any complaint, claim, or dispute regarding the quality, delivery, or technical aspects of photographic services must be formally submitted in writing to the Photographer within seven (7) calendar days of receipt of the final photographic deliverables. Claims submitted after this seven-day period shall be deemed to have been waived and shall not be subject to further consideration.

Grounds for Valid Complaint: Valid complaints shall be limited to cases of objective technical deficiency, including but not limited to gross underexposure or overexposure rendering images unusable, severe out-of-focus images across the entire delivered set, or failure to deliver promised deliverables. Valid complaints may result in:

• Repetition of the photographic session on an alternative mutually agreeable date at no additional cost to the Client; or
• Full reimbursement of the booking deposit and the complete amount paid by the Client.

Excluded from Complaint Procedure: Subjective dissatisfaction with photographic aesthetic, personal preference regarding composition, artistic style variance, colour grading choices, or general dislike of the delivered images shall NOT constitute valid grounds for complaint, refund, or session repetition. The Photographer's creative discretion and artistic choices are not subject to complaint procedures absent objective technical failure in service delivery.

Complaints shall be addressed within seven (7) business days of receipt by the Photographer. This complaint procedure constitutes the exclusive remedy available to the Client for disputes relating to photographic service quality.

Professional Insurance & Indemnification

The Photographer maintains professional liability insurance appropriate to the scope and nature of photographic services rendered. Should circumstances arise necessitating presentation, verification, or evidencing of such insurance coverage, the Photographer shall provide relevant documentation upon reasonable request from the Client, legal authorities, or third parties as required by law or contractual obligation.

The maintenance of professional insurance shall not be construed as a warranty or guarantee of outcomes, nor shall it limit the liability caps and indemnification provisions otherwise set forth in this Agreement. Insurance coverage shall be provided as additional protective measure consistent with professional industry standards.

Data Retention, Storage Policies & Permanent Deletion

The Photographer does NOT maintain permanent storage or archival systems for Client photographic data, personal information, or associated documentation. Backup and archival copies of photographic materials shall be retained for a limited period of three (3) calendar months measured from the date of final image delivery to the Client. Following expiration of this three-month archival retention period, all photographic source files, backup copies, raw image data, and associated metadata shall be permanently deleted and destroyed from all storage systems, unless the Client has explicitly requested and agreed in writing to extended storage arrangements with separate compensation.

All personal data, contact information, communication records, and Client-provided information shall be processed, maintained, and managed in strict conformity with the Data Protection Act 2018 and the General Data Protection Regulation (UK GDPR). The Client shall possess the statutory right to request access to, correction of, rectification of, or deletion of any personal data maintained in relation to the photographic engagement.

Client data is NOT stored indefinitely. The Client is advised that after the three-month archival period, no backup copies or archival materials shall exist, and the Photographer shall retain no accessible copies of photographic materials, preliminary files, or associated Client information.

Intellectual Property Rights & Licensing Arrangement

All copyright and intellectual property rights subsisting in the photographic images, including but not limited to the originals, derivations, and edited variations, shall remain vested exclusively with the Photographer. Transfer or assignment of copyright ownership shall occur only upon execution of a separate written agreement explicitly addressing such transfer, together with appropriate monetary consideration as mutually negotiated.

The Client is hereby granted a non-exclusive, perpetual, royalty-free usage licence permitting utilization of the delivered photographic images in the following specified contexts:

• Digital and web-based platforms, including but not limited to commercial websites, social media platforms, and online digital publications
• Physical print media, inclusive of editorial materials, marketing collateral, promotional literature, and commercial advertising materials

Acquisition of full copyright ownership and exclusive intellectual property rights in the photographic materials shall be available solely through negotiation and execution of a separate licensing or assignment agreement, subject to additional monetary remuneration as determined by mutual written consent.

Client Obligations Regarding Property Access & Preparation

The Client shall bear exclusive responsibility for ensuring that the subject property is fully accessible, appropriately prepared, aesthetically arranged, professionally staged, and ready for photographic documentation at the agreed-upon commencement time. This obligation shall extend to securing all necessary keys, access codes, alarm system disablement, and administrative requirements ensuring unobstructed access to all areas identified for photographic coverage.

The Photographer shall not be held liable for compromised or suboptimal photographic outcomes, diminished technical image quality, or aesthetic deficiencies resulting from inadequate property preparation, incomplete styling, restricted access, obstructed viewpoints, or environmental conditions attributable to the Client's preparation or property management.

The Client shall be solely responsible for obtaining, securing, and verifying all requisite legal authorizations, permissions, and consents from property proprietors, occupants, subject individuals, and other relevant stakeholders prior to the photographic engagement. The Client warrants that all necessary third-party consents have been procured and that photography may proceed without legal impediment or claim.

Non-Transferable Photographic Engagement & Dedicated Photographer

The photographic engagement and booking, as confirmed and secured through payment of the booking deposit, shall be construed as a non-transferable personal service engagement specific to the named Client and the identified property or subject matter as designated in the booking confirmation. The Client may not, without prior express written consent from the Photographer, transfer, reassign, or delegate the photographic session engagement to any alternative individual, corporate entity, or party.

The Photographer shall be dedicated and assigned exclusively to the Client's project during the agreed-upon photographic engagement period. This dedication constitutes a material term of the Agreement. Should the Client request substitution of the Photographer with an alternative practitioner or delegation of the session to another professional entity, such request shall require separate negotiation and may incur additional fees or result in cancellation of the engagement.

The exclusivity of photographer assignment ensures consistent quality, artistic vision continuity, and professional accountability throughout the photographic engagement and post-production process.

Third-Party Utilization, Sub-Licensing, & Photographer's Portfolio Rights

The usage licence granted herein shall be construed as personal to the named Client and shall not be transferable, assignable, or sublicensable to any third party, corporate entity, successor interest, or affiliated organization without prior express written authorization from the Photographer.

The Client shall be expressly prohibited from furnishing, transferring, sharing, licensing, reselling, or otherwise making available the photographic images to any third party, including but not limited to commercial entities, marketing partners, real estate agents, publishing concerns, or other external stakeholders. Unauthorized sub-licensing or transfer shall constitute material breach of this Agreement.

The Photographer reserves the unfettered right to utilize all photographic images for portfolio exhibition, professional website display, social media promotion, industry awards submissions, competitive showcase participation, and general self-promotion purposes, unless the Client has explicitly and in writing restricted such usage through a separate confidentiality or exclusivity agreement.

Limitation of Liability & Indemnification

The Photographer shall exercise reasonable professional care, skill, and diligence in rendering photographic services, consistent with industry standards applicable to professional photography practitioners. However, the Photographer shall not be deemed to warrant or guarantee specific aesthetic outcomes, particular compositional arrangements, or predetermined photographic results.

The Photographer's aggregate liability and financial exposure arising from any breach of this Agreement, negligence, professional error, or contractual non-performance shall be limited exclusively to the total monetary remuneration paid by the Client for the photographic engagement. This liability cap shall constitute the Client's sole and exclusive remedy for any claim whatsoever.

The Photographer shall not be liable for indirect damages, consequential damages, special damages, incidental losses, loss of profits, business interruption, reputational harm, or any other economic losses, whether such damages arise from breach of contract, negligence, or tort theory.

The Client shall indemnify, defend, and hold harmless the Photographer from and against any third-party claims, litigation, damages, or costs arising from the Client's unauthorized use or misuse of the photographic images in violation of the intellectual property rights retained herein.

Governing Law & Dispute Resolution

This Agreement shall be governed by, construed under, and enforced in accordance with the substantive laws of England and Wales, without regard to choice-of-law or conflict-of-law principles. Any litigation, arbitration, or legal proceeding arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located within England and Wales.

This instrument constitutes the entire, complete, and conclusive Agreement between the Photographer and the Client regarding the photographic engagement and supersedes all prior negotiations, understandings, representations, and agreements, whether oral or written. No modifications, amendments, alterations, or supplementary provisions shall have force or effect unless executed in written form and signed by authorized representatives of both parties.

Should any provision hereof be determined by a court of competent jurisdiction to be void, unenforceable, or contrary to applicable law, such provision shall be severed, and the remaining provisions shall continue in full force and effect.