GENERAL TERMS & CONDITIONS
Please read this document carefully before finalizing your order. By completing your order, you expressly accept the full content of these Terms and Conditions (hereinafter: “Terms”), which are as follows:
1. By entering into this Agreement, the party requesting the photography service (hereinafter referred to as the “Client”) confirms that they have read and understood the terms set out in these Terms and Conditions, and agree to be bound by them. The Client further consents to the processing of their personal data as necessary for the provision of the Service, in accordance with these Terms and Conditions and the Privacy Policy.
The Agreement concluded between the Service Provider and the Client shall remain in effect for a fixed term, lasting until the contractual obligations of the parties have been fulfilled and the Service has been completed.
2. Scope
2.1 These Terms and Conditions apply to all legal transactions and services carried out electronically through the website https://thedogphoto.com/ (hereinafter referred to as the “Website”). Purchases on the Website can be made by submitting an electronic order in accordance with the procedure described in Section 7 of these Terms and Conditions.
2.2 The Agreement concluded between the parties for the provision of the service and the purchase of the resulting product (photographs) shall be concluded in English and shall constitute a written contract. The Service Provider will send a confirmation of the contract to the email address provided by the Client during the ordering process, which the Client expressly accepts as confirmation of the conclusion of the Agreement.
2.3 When placing an order through the Website, the Client voluntarily provides the Service Provider with the personal data necessary for the conclusion of the contract (including full name, place and date of birth, address, telephone number and email address). The Service Provider processes these data within the scope defined in these Terms and Conditions and in accordance with the published Privacy Policy.
3. Language of the Agreement
3.1 The language of the Agreements governed by these Terms and Conditions is English.
4. Service Provider
4.1 The photography service is provided by …
email: contact@thedogphoto.com, hereinafter referred to as the “Service Provider”).
5. Eligibility of Clients
5.1 The Service may be used, and the photographs produced during the Service may be received, by any person who has reached the age of 18 and is legally competent. Minors under the age of 18 may also use the Service and receive the photographs, provided they have the written consent of their legal representative (parent or guardian) for entering into this Agreement (hereinafter referred to as the “Client”).
5.2 The Client is entitled to use the Service and receive the photographs included in the photography session properly ordered on the Website only if the order is submitted correctly via the Website and the applicable fee is paid in accordance with Section 7.4 of these Terms and Conditions, and the Client expressly accepts these Terms and Conditions. Registration on the Website is not required to place an order.
6. Subject of the Service
6.1 The Service consists of the photography services provided by the Service Provider in accordance with the photography sessions listed on the Website, together with the associated photographic post-processing (collectively, the “Photography”).
6.2 By accepting these Terms and Conditions, the Client expressly acknowledges and agrees that the Service Provider, at their sole discretion and in accordance with their creative freedom, is entitled and obliged to provide the Photography as a service, in the style and quantity corresponding to the photography packages listed on the Website.
7. Process of the Service (Photography)
7.1 Order
7.1.1 Submission of Order: The Client may submit a request for a photography session in one of the following ways:
a) By completing the contact form on the Website and clicking the “Submit” button, after which the Service Provider will contact the Client by email.
b) By sending a direct email request to the Service Provider at contact@thedogphoto.com.
c) By calling the phone number listed on the Website, after which the Service Provider will provide further details by email.
7.1.2 Confirmation: The Service Provider will send an email confirmation to the email address provided by the Client for every order submitted through the Website. By accepting these Terms and Conditions, the Client expressly acknowledges and agrees that the Service Provider does not assume any responsibility for the accuracy of the information provided by the Client, including the correctness of the email address supplied.
An order shall be considered final and binding only once the Agreement has been signed by both parties.
7.2 Date and Time of the Photography Session
7.2.1 The date of the Photography session shall be set on a mutually agreed calendar day following the conclusion of the Agreement. The session will take place within the time interval starting at the start time and ending at the end time, both determined unilaterally by the Service Provider, within the scope of their creative discretion.
7.2.2 The Service Provider reserves the right to reschedule the Photography session if weather conditions and/or lighting make it impossible to conduct the session. The decision to reschedule is at the sole discretion of the Service Provider and must be communicated to the Client by 18:00 on the calendar day prior to the scheduled session. By accepting these Terms and Conditions, the Client expressly acknowledges that adverse weather conditions constitute force majeure, and the Service Provider shall not be liable for any damages resulting from such conditions. If the Photography cannot take place at the originally scheduled time due to the Service Provider’s discretionary decision, the parties shall cooperate in good faith to agree on an alternative date.
7.2.3 If the agreed session date is postponed due to external factors (e.g., weather), rescheduling is allowed up to a maximum of three times. After that, the Service Provider is not obliged to offer additional dates.
7.2.4 Both parties are obliged to promptly inform each other of any circumstances that may affect the completion of the Photography session, including but not limited to illness, traffic obstacles, accidents, or other impediments.
7.3 Location of the Photography Session
The location of the Photography session shall be determined jointly by the parties following the conclusion of this Agreement.
7.4 Price of the Service (Fee)
7.4.1 The fee for the Photography session (hereinafter the “Fee”) is the price in effect at the time of the order and includes applicable VAT.
7.4.2 If an error or omission occurs on the Website regarding the Service or the prices, the Service Provider reserves the right to correct it. In such cases, the Service Provider will promptly inform the Client of the updated information. The Client may then either confirm the order again or either party may cancel the Agreement.
7.4.3 Payment Terms
The Fee shall be paid in two installments:
1. Upon signing the Agreement, the Client shall pay 50% of the Fee as a deposit, excluding any travel costs, via bank transfer to the Service Provider’s account: …
2. The remaining balance shall be paid on the day of the Photography session, either in cash or via bank transfer.
7.4.4 Cancellation Policy
The Client may cancel the Photography session no later than 10:00 on the day before the scheduled session. In such case, if the Client does not wish to reschedule for another date, the 50% deposit shall be refunded in full.
If the Client cancels after this time, and does not wish to reschedule, the deposit shall remain with the Service Provider.
7.4.5 Additional Photographs
The Client may order additional photographs beyond those included in the chosen session, at the prices listed for each product or package on the Website, in accordance with these Terms and Conditions.
7.4.6 Travel Fee
The Client acknowledges that the Service Provider may charge a travel fee in addition to the session Fee. The exact travel fee, or information about free travel where applicable, will be agreed upon during the prior consultation with the Client.
7.5 Process and Legal Declarations Related to the Photography Session
7.5.1 The Service Provider undertakes to produce photographs of a quality comparable to those presented in the portfolio prior to signing this Agreement. The Client understands and accepts that external factors may significantly affect the Service Provider’s work, which may impact the final image quality.
7.5.2 The parties agree that if, during the Photography session, damage occurs to technical equipment owned by the Service Provider due to the Client’s actions or negligence, the Client shall be jointly and severally liable for the resulting damages, and the assignment shall be considered concluded from the moment of such damage.
7.5.3 By signing this Agreement, the Client declares that they are the lawful owner of the animal participating in the session.
7.5.4 The Client further declares that they shall be jointly and severally liable for any injury or damage caused by the animal to people, property, or equipment during the session.
7.5.5 The Client acknowledges and accepts that they are solely responsible for the physical well-being and safety of the animal during the Photography session.
7.5.6 The Client participates in the Photography session at their own risk. The Service Provider shall not be liable for any damages occurring during the session that are not attributable to the Service Provider.
7.5.7 The Service Provider shall not be liable for any deficiencies, quality issues, or damages arising from the use of the Client’s own equipment, clothing, or accessories during the Photography session.
7.5.8 In order for the Service Provider to maintain the professional quality standards throughout the session, the Client is obliged to follow the Service Provider’s professional instructions. The Service Provider shall not be responsible for any impacts on quality resulting from natural, weather-related, or force majeure events during the session.
7.5.9 The Client acknowledges that the number and quality of the photographs (including image noise, clarity, etc.) depend on the lighting and weather conditions at the location. The Service Provider shall not be held liable for any deficiencies, errors, or reduced quality resulting from such conditions.
7.5.10 By accepting these Terms and Conditions, the Client expressly declares, to the best of their knowledge and in good faith, that they and any minor participating in the session as a model are physically and medically fit to participate, and that there are no obstacles to participation. The Client further declares and guarantees that any minor participating in the session does so voluntarily and with all legally required permissions and consents in accordance with applicable law.
7.5.11 The Client expressly acknowledges that the Service Provider is solely responsible for fulfilling the services directly provided by them. In cases of force majeure, the Service Provider shall be released from any liability for non-performance of the service and from all related claims for compensation.
7.6 Delivery of Photographs
7.6.1 In order to maintain the professional quality standards represented by the Service Provider, by accepting these Terms and Conditions the Client expressly acknowledges and agrees that the Service Provider, at their sole creative discretion, selects from the raw images captured during the Photography session those images that meet the quality standards set unilaterally by the Service Provider, applies the necessary photographic post-processing to those images, and makes them available to the Client within the number of images specified in the chosen photography package.
7.6.2 Within three (3) calendar weeks following the Photography session, the Service Provider, at their sole discretion and in accordance with the quality standards they uphold, selects the images of suitable quality from the raw photographs taken during the session, applies all necessary post-processing, and makes them available to the Client according to the limits of the chosen photography package. The Service Provider will notify the Client of the availability of the images electronically, via the email address provided by the Client during the order process.
7.6.3 Following this electronic notification, the Client is entitled and obliged to download the photographs from the URL provided by the Service Provider within one (1) week. If the Client fails to download the images in time, the Service Provider is entitled to remove the images from the URL. In such a case, the Client may still obtain the images from the Service Provider within one (1) year following separate arrangement between the parties.
7.6.4 The Service Provider shall take all reasonable measures to ensure the secure storage of data; however, the Service Provider shall not be liable for any data loss resulting from malfunction of professionally used technical equipment.
8. Copyright
8.1 The copyright of all photographs taken during the Photography session belongs to the Service Provider.
8.2 Commercial use of the photographs is permitted only with the prior written consent of the Service Provider. Any photographs created during the performance of this Agreement may only be provided to third parties for business purposes (e.g., promoting services, products, websites, or sales) with the Service Provider’s written permission.
8.3 The Service Provider may use the photographs for commercial purposes to advance their professional career, including, but not limited to, printed and online portfolios, business cards, exhibitions, competitions, social media platforms, photography-related websites, and their own website. The Client is not entitled to any compensation for such uses.
8.4 The parties acknowledge that the photographs may be used by the Service Provider as reference work and for marketing purposes. The Client consents to the Service Provider displaying or publishing the photographs taken under this Agreement on the Service Provider’s website, social media pages (e.g., Facebook), publications, or in professional competitions, in accordance with basic ethical standards.
9. Miscellaneous Provisions
9.1 The Service Provider is entitled, at their sole discretion and within the limits of applicable law, to amend these Terms and Conditions. Any modifications shall become effective upon their publication on the Website. Such changes shall not affect agreements already concluded (confirmed orders) prior to the modification.
9.2 These Terms and Conditions have been prepared in English. In their interpretation, English law shall apply.
9.3 Any matters not regulated in these Terms and Conditions shall be governed by applicable English law.
9.4 The provisions of this Agreement may be overridden or modified in a separately concluded Agreement with the Client, for example regarding cancellation terms or other conditions agreed mutually.
