PHOTOGRAPHY AND VIDEOGRAPHY SERVICES AGREEMENT
This agreement (hereinafter the "Agreement") has been entered into in [Place of signing] on [Date of signing] between the following parties:
1. PARTIES
1.1 [Name of the service provider]
Registry code / personal identification code: [Registry code / personal identification code of the service provider]
E-mail: [E-mail of the service provider]
(hereinafter the "Service Provider")
1.2 [Name of the client]
Registry code / personal identification code: [Registry code / personal identification code of the client]
E-mail: [E-mail of the client]
(hereinafter the "Client")
2. DESCRIPTION OF THE SERVICE
2.1 Type of service: [Type of service].
2.2 Event or work: [Type of event or work].
2.3 Date: [Date]. Location: [Location].
2.4 Duration of the service: [Number of hours] hours.
2.5 The Service Provider provides the service independently, with its own equipment and in accordance with professional skills; the selection of shots, composition and editing style are the Service Provider's creative decision unless the Parties have agreed otherwise. Before the event, the Client informs the Service Provider of the Client's essential wishes (e.g. moments and persons that must be captured).
2.6 The Client ensures the Service Provider's access to the location, the necessary permits and a contact person. The Client pays for a duration longer than agreed or for additional services only if this has been agreed in advance.
3. DELIVERABLES AND DEADLINE
3.1 The Service Provider delivers to the Client:
[Deliverables]
3.2 The deliverables are delivered within [Delivery deadline (days)] days after the event.
3.3 The Service Provider selects and edits the files to be delivered. Unedited files (raw files) are not delivered unless agreed in clause 3.1.
3.4 The deliverables are delivered electronically (e.g. via an online gallery or a download link) or in another agreed manner. The Client downloads the files and keeps copies of them; the Service Provider is not required to retain the deliverables after delivery unless the Parties have agreed otherwise.
3.5 The Client notifies the Service Provider of any non-conformity of the deliverables with the Agreement within a reasonable time after the Client became or should have become aware of it; a Client acting in its economic or professional activities describes the non-conformity with sufficient precision (Law of Obligations Act (VÕS) § 644 (1)–(2)). A notice by a Client who is a consumer is in any case deemed timely if it is given within two months after the discovery of the non-conformity.
4. REMUNERATION AND PAYMENT
4.1 The remuneration for the service is [Remuneration (€)] euros.
4.2 If the Parties have agreed on a booking fee, it is paid upon entry into the Agreement and deducted from the final remuneration. The booking fee is [Booking fee (€)] euros.
4.3 Unless the Parties have agreed otherwise, the Client pays the remuneration, less the booking fee, on the basis of the Service Provider's invoice after the delivery of the deliverables (VÕS § 637 (3) and (5)). The remuneration includes all costs necessary for providing the service at the location specified in clause 2.3 unless the Parties have agreed otherwise. In the event of delay in payment of the remuneration, the Service Provider may demand late interest at the statutory rate (VÕS § 113 (1)).
5. COPYRIGHT AND RIGHT OF USE
5.1 The copyright in the photographs and videos created remains with the Service Provider. The moral rights of the author belong to the person who created the work and are not transferable (Copyright Act (AutÕS) § 11 (2), § 12).
5.2 The Client obtains the right to use the deliverables for personal purposes. Commercial use, resale and licensing to third parties are not permitted without the Service Provider's consent.
5.3 The right of use specified in clause 5.2 is a non-exclusive licence valid worldwide for the term of the author's economic rights. The Client may crop and resize the deliverables in the ordinary manner for the agreed use, but shall not alter the deliverables in a manner that distorts the nature of the work (AutÕS § 12 (1) 3)) or remove the author's name if it has been added. Indicating the author's name when using the deliverables is not mandatory unless the Parties have agreed otherwise.
5.4 The Service Provider does not sell or license to third parties deliverables depicting the Client or persons who attended the event without the Client's consent.
6. PORTFOLIO
6.1 The Service Provider is entitled to use the deliverables in its portfolio and marketing channels. The Service Provider uses shots of a private or sensitive nature (e.g. shots depicting nudity or health data) only with the separate consent of the Client and the person depicted.
7. PERSONS CAPTURED AND PERSONAL DATA
7.1 The Client is responsible for informing the participants of a private event and, where necessary, obtaining their consent, and informs the Service Provider of persons who must not be captured; the Service Provider follows these instructions.
7.2 In the case of capturing images in a public place for the purpose of disclosure, the consent of a person is replaced by informing the person in a manner that allows the person to understand the fact of the capturing and to avoid it if the person so wishes; at public events where capturing for the purpose of disclosure can reasonably be expected, there is no obligation to inform (§ 11 of the Personal Data Protection Act).
7.3 The Parties process personal data in accordance with the General Data Protection Regulation (EU) 2016/679 and the Personal Data Protection Act. The Service Provider keeps the deliverables and other files containing personal data securely and does not disclose them in any manner other than as permitted by the Agreement.
8. CANCELLATION
8.1 The Client may withdraw from the Agreement free of charge up to [Free cancellation deadline (days before)] days before the event.
8.2 In the event of a later cancellation, the booking fee is not refunded. In such case, the Service Provider is entitled to the agreed remuneration, less whatever it saved as a result of the termination of the Agreement or acquired or could reasonably have acquired by using its labour otherwise, and the booking fee paid is counted towards this claim (VÕS § 655 (1)).
8.3 Changing the date of the event requires the consent of both Parties. The provisions of clauses 8.1–8.2 do not restrict the Client's statutory right of withdrawal, where such a right exists by law.
9. OBSTACLE ON THE PART OF THE SERVICE PROVIDER
9.1 If the Service Provider is unable to provide the service due to illness or another good reason, the Service Provider finds an equivalent substitute at its own expense and notifies the Client thereof without delay. If it is not possible to find an equivalent substitute, the Service Provider refunds all amounts paid to the Client without delay.
9.2 The Service Provider uses reasonable measures to prevent technical failure and data loss (e.g. backup equipment and backing up files).
10. FORCE MAJEURE
10.1 A Party is not liable for failure to perform an obligation if this was caused by force majeure. In such case, the Parties agree on a new time or the amounts paid are refunded.
10.2 Force majeure is a circumstance that the Party could not influence and, in accordance with the principle of reasonableness, it could not be expected that the Party would take it into account at the time of entering into the Agreement, or avoid or overcome it or its consequences (VÕS § 103). A Party notifies the other Party of the circumstances of force majeure immediately.
11. LIABILITY
11.1 A Party is liable for breach of the obligations arising from the Agreement unless the breach is excusable (VÕS § 103). The Service Provider's liability is limited to the remuneration specified in clause 4.1; the limitation does not apply to damage caused intentionally or through gross negligence or in the case of causing death or damage to health (VÕS § 42 (3) 1)), and an agreement that excludes or limits liability for an intentional breach of an obligation is void (VÕS § 106 (2)).
11.2 If the Client is a consumer, the terms of the Agreement do not restrict the Client's statutory rights from which a derogation to the detriment of the consumer is void by law.
12. NOTICES AND FINAL PROVISIONS
12.1 Notices related to the Agreement that have legal consequences are given in writing or in a form reproducible in writing, including to the e-mail addresses set out in clause 1.
12.2 Disputes arising from the Agreement are resolved primarily through negotiations; failing agreement, the dispute is resolved in court in accordance with the procedure provided by law.
12.3 Amendments to the Agreement are made in writing or in a form reproducible in writing. If any provision of the Agreement is invalid, this does not affect the validity of the remaining provisions. The Agreement enters into force once both Parties have signed it.
13. LEGAL BASIS
13.1 The Agreement is governed by the law of the Republic of Estonia, in particular the Law of Obligations Act and the Copyright Act. The Agreement is an author's contract entered into for the creation and use of a new work, to which the provisions of the Law of Obligations Act on contracts for services (§§ 635–657) apply unless otherwise provided by the Copyright Act (AutÕS § 48 (4)).