In accordance with the requirements of Article 396 of the Civil Code of the Republic of Belarus, a public offer (agreement) is one of the types of contracts, according to which one party undertakes an obligation to provide services in relation to each of an indefinite number of persons who have requested the provision of certain types of services.
A public offer does not require execution on paper and its subsequent signing by the parties; it has legal force due to the parties performing certain actions indicating their will to enter into a contractual relationship. In particular, the publication (posting) of the text of this public offer on the official website http://piatrovaphotography.ru/home/eng is a public offer (agreement) addressed to a wide range of persons for the purpose of providing certain types of services (clause 2. Article 407 of the Civil Code of the Republic of Belarus ).
The conclusion of this Agreement is made by the Customer’s accession to this Agreement, i.e. through the Customer’s acceptance of the terms of this Agreement as a whole, without any conditions, exceptions or reservations (Article 398 of the Civil Code of the Republic of Belarus).
This Agreement is a public offer (hereinafter referred to as the agreement) of the photographer Kseniya Piatrova (hereinafter referred to as the Photographer) with any individual (hereinafter referred to as the Customer) who accepts this offer, on the conditions specified below.
1. DEFINITION OF TERMS
The following terms used in this Agreement mean:
1.1. Photography – is a visual image on paper, transparent, electronic media of any format.
1.2. Image (photograph) – is a photography art work created by the Photographer, hereinafter referred to as the image.
1.3. Emergence of copyright – is the emergence, exercise and protection of copyright does not require registration of an image or compliance with any other formalities.
1.4. Photographer – is Kseniya Piatrova, who will create the image. The photographer is the author.
1.5. Artistic retouching is the artistic processing of an image with the aim of improving it, stylizing it, and correcting defects. Such retouching allows you to improve the texture of the skin, the shape of objects in the image, add volume, depth, create an atmosphere, if, at the discretion of the Photographer, these changes are not enough in the image.
2. SUBJECT OF THE AGREEMENT
2.1 The Photographer undertakes to create images stipulated by this Agreement based on the Customer’s orders. The Customer pays the Photographer a remuneration, the amount of which is determined by this Agreement.
2.2. The Photographer will retain inalienable copyright and property rights.
2.3. The Customer places an order for the creation of an image orally or in writing and becomes an integral part of this Agreement.
2.4. When images are ready for transfer, the Photographer notifies the Customer about this and transfers the images within no more than 30 working days.
2.5. Photographer stores the images for 30 calendar days from the moment the images have been provided to the Customer for possible restoration if the Customer loses his copy.
2.6. The image is the author's product. By ordering a photo session, the Customer agrees that he is familiar with the artistic style and aesthetics of the Photographer, as well as photo processing.
2.7. The start of the photo session is considered to be the booked time, not the actual start time of the shoot. Lateness or early completion of the photo shooting is not a reason for reducing the cost of work.
3. PAYMENT FOR THE PHOTOGRAPHER'S WORK
3.1. For the created work, the Customer pays the Photographer a remuneration in the amount of the cost of the package of services chosen by the Customer. The price, conditions, descriptions and composition of the service package are given on the Photographer’s website http://piatrovaphotography.ru and is an integral part of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 Customer undertakes:
4.1.1 Arrive at the designated location for the photo session no later than 15 minutes before the start.
4.1.2 The Customer undertakes to provide the Photographer with adequate access and the ability to perform Photographer's duties without interference or any obstacles from guests and any other persons involved in one way or another during the Customer’s event being photographed. Otherwise, the Photographer is not responsible for receiving footage of inadequate quality.
4.1.3. Make payment for the provision of services by the Photographer in accordance with the terms of this Agreement in full on the day the photography service is provided or by prepayment.
4.1.4. Pay a penalty in the amount of 50% of the work in case of cancellation of the photo session on his part later than 7 days before the scheduled date.
4.2. Customer has the right:
4.2.1. Terminate this agreement at any time before the start of the photo session. In this case, the Customer is obliged to pay the full cost of the service, agreed upon through correspondence between the Photographer and the Customer on the Internet. And the Photographer has the right not to return the advance payment to the Customer if it has been made.
4.2.2. Declare the confidentiality of photography before the start of the photo session.
4.2.3 Customer has the right to publish works, incl. in electronic, print media and social networks.
4.3. Photographer undertakes:
4.3.1 Carry out photo session for the Customer at a professional and technical level, confirmed by the images in the Photographer’s portfolio, posted in the public domain, in accordance with the Photographer’s ideas about the style and with what level of intervention/non-interference in events photography should be carried out.
4.3.2. Prepare and transfer to the Customer the result of the photo session performed (processed images) via a file sharing service within 30 working days from the date of the photo session for the Customer.
4.3.3. Perform selection and computer processing of captured images (image color correction and retouching of the number of images stated in the selected package).
4.3.4. If circumstances arise that slow down the provision of services or make further provision of services impossible, immediately notify the Customer about this.
4.4 Photographer has the right:
4.4.1. Involve, in agreement with the Customer, third parties to fulfill their obligations under this Agreement.
4.4.2. Use images in Photographer's portfolio, exhibitions, website, social networks and advertising Photographer's services on any media. If the photo session is in the nude genre, then publication occurs only with prior agreement with the Customer.
4.4.3. Fail to fulfill the terms of this Agreement in the absence of an advance payment, if it was agreed and agreed upon through personal correspondence on the Internet.
4.4.4. Terminate this Agreement anytime before the date of the photo session. In this case, the Photographer must return the amount of the prepayment, if it was made to the Customer.
4.4.5. Independently select and process captured images, delete images that are considered unsuitable.
4.4.6. Do not transfer original materials (RAW files). The choice of source materials in this case is made by the Photographer at its own discretion. Viewing of source frames by the Customer is carried out only with prior approval.
4.4.7. If Photographer's personality is insulted by the Customer, his friends, relatives, acquaintances, the Photographer has the right to stop the photo session with the further performance of Photographer's duties under this Agreement and demand material and moral compensation in accordance with Art. 9.3 of the Code of the Republic of Belarus on Administrative Offences. In this case, the Customer is obliged to pay the full cost.
4.4.8. Stop fulfilling the obligations under this Agreement if circumstances arise that may lead to damage Photographer's health, equipment, or personal belongings.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of services under this Agreement is determined by the price list for services located at: http://piatrovaphotography.ru/pricing/eng and agreed upon through personal correspondence on the Internet.
5.2. Payment is made by the Customer in Belarusian rubles on the day the photography service is provided in cash or by bank transfer.
5.3. If the Customer needs photographs earlier than 30 calendar days, the cost of the Photographer’s work increases by 25%.
5.4. When the Photographer provides services that were not agreed upon in advance, payment is made additionally by agreement of the parties.
5.5. The number of processed images for each service package is listed on the Photographer’s website http://piatrovaphotography.ru/home/eng and is an integral part of this Agreement. Additional retouching of images is paid separately.
6. RESPONSIBILITY OF THE PARTIES
6.1 In case of failure to fulfill or improper fulfillment of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Republic of Belarus.
6.2. The presence of noise or blurred elements in an image is not a defect.
7. OWNERSHIP OF THE IMAGES
7.1. The Photographer has the right to use images for marketing Photographer's own services. The Photographer has all copyright and property rights to all the images taken on the day the service is provided, including the rights to carry out additional printing of the images, to use images in publications, advertising or demonstration of the portfolio, unless otherwise specified.
7.2. The Photographer grants the Customer the right to reproduce the photograph for personal use only. In the case of publication the images in print and on the Internet, the Customer is obliged to request the publication to mention the name of the Photographer who took the images in the publication and on the Internet.
8. VALIDITY AND CHANGE OF OFFER CONDITIONS
8.1. This Agreement comes into force from the moment of publication on the Photographer’s website and is valid until the Agreement is withdrawn by the Photographer.
8.2. The Photographer reserves the right to amend the terms of this Agreement or withdraw the Agreement at any time at its discretion.
9. FORCE MAJEURE
9.1. Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances. Force majeure means circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Such circumstances include: flood, fire, earthquake or other natural phenomena, as well as wars, hostilities, acts or actions of government bodies, and any other circumstances beyond the reasonable control of the Parties.
10. PHOTOGRAPHER'S DETAILS
Kseniya Piatrova
UNP AC2781821
