Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. ESTIMATES AND EXPENSES

1.1. Quoted prices do not include accommodation or daily expenses (meals and non-alcoholic beverages), which must be provided by the Client during the stay.

1.2. Quoted prices do not include model fees or rights, props, specially hired equipment, or the provision of any other object or service not expressly budgeted for the Assignment.

1.3. Changes to Project requirements before or during a shoot may increase the amounts payable by the Client and must be agreed in writing in advance.

1.4. The Photographer reserves the right to refuse unplanned changes introduced during the shoot, such as requests to photograph additional areas, subjects, or activities not included in the original scope.

1.5. Daily photographic session duration has a maximum of 9 hours (which includes a 1-hour meal break) between 9:00 AM and 6:00 PM on working days, or the number of hours agreed in the estimate. Any overtime hours that are necessary for reasons not attributable to the Photographer will cost €150 per hour, plus VAT at the legal rate (Portugal) in force.

1.6. Work during antisocial hours (before 9:00 AM, after 6:00 PM, weekends and holidays) is subject to a 50% surcharge on the normal hourly rate.

1.7. Extra photographs or videos beyond those budgeted are subject to quotation.

1.8. Once the project is awarded and invoiced, cancellations of the invoice are not permitted. (Refer to Section 6 – Cancellations and Refunds)

2. CONDUCT OF THE SHOOT

2.1. The shoot will be scheduled on mutually agreed date(s) between the parties, considered confirmed upon acceptance of the estimate.

2.2. During the shoot, the Photographer will take into account the Client's reasonable instructions regarding the brief.

2.3. If the Client is not present during the shoot, the Photographer's interpretation of the brief will be considered accepted by the Client.

2.4. The Client is exclusively responsible for cleaning and preparing the space to be photographed, interior or exterior, which must be completed before the start of the shoot.

2.5. The Client is exclusively responsible for restricting access to areas to be photographed and for obtaining all necessary authorizations. Failure to do so may result in additional costs of €60 per hour for digital removal of people/vehicles/objects from images.

2.6. In the absence of a Stylist or Interior Designer on site, the Photographer reserves the right to photograph the location as prepared by the Client. Where deemed appropriate for composition, the Photographer may move, add or remove objects as deemed necessary.

2.7. The Client must provide logistical support to remove/move/add heavy objects. If not provided, the Photographer will photograph the location as found.

2.8. The Client is responsible for ensuring adequate safety conditions at the shoot location.

3. ACCEPTANCE AND DELIVERY

3.1. Upon completion of the Assignment, the Photographer will deliver low-resolution photographs for Client selection within 7 working days.

3.2. After selection by the Client (limited to the number agreed in the estimate), the Photographer will deliver the selected edited images within a maximum of 15 working days,

3.3. The Photographer reserves the right to deliver final high-resolution images only after full payment of all outstanding invoices.

3.4. The Photographer does not guarantee urgent deliveries (in less time than previously stipulated), unless previously budgeted and agreed between the parties, subject to a 50% surcharge on the base value.

3.5. After delivery of materials, the Client has 5 working days to request changes, limited to 1 round of alterations. Subsequent rounds of alterations or substantial changes will be subject to additional budgeting.

3.6. The Client declares knowledge of the Photographer's work and may not reject any delivered file based on technical, aesthetic, style or composition choices, except for evident technical defects.

3.7. Images are delivered via secure digital transfer. The Client is responsible for downloading within 30 days, after which availability is not guaranteed.

4. COPYRIGHT AND USAGE RIGHTS

4.1. No use of images may be made before full payment of all invoices, except with the Photographer's express written consent.

4.2. After payment of all invoices, the Photographer grants the Client all Usage Rights to the Images, for life, for the purposes specified in the estimate.

4.3. All Usage Rights granted by the Photographer to the Client are exclusive to the Client for the agreed purposes. Granting rights to Third Parties or for unspecified purposes must be negotiated separately.

4.4. The Client may not manipulate, alter or use only parts of images without prior written authorization from the Photographer.

4.5. Nothing shall prevent the Photographer from using material captured for the exclusive purpose of promoting their services, including portfolio, website, social media and promotional materials.

4.6. The Client must inform the Photographer of the date when they may publish material captured for self-promotion purposes, this period never exceeding 30 days from the delivery date (inclusive), after which the Photographer reserves the right to publish as portfolio.

4.7. The Photographer retains all copyright over created material, granting only usage rights as specified.

5. PAYMENTS

5.1. PAYMENT METHODS:

5.1.1. Credit Payment: 100% of the value will be invoiced upon project award, with a payment term of 60 days from the date of issue.

5.1.2. Prompt Payment: 50% of the value will be invoiced upon project award (immediate payment) and the remaining 50% upon sending the low-resolution image selection (immediate payment).

5.2. The payment method must be chosen by the Client at the time of award and cannot be changed subsequently.

5.3. In case of Prompt Payment, delivery of final high-resolution images will only occur after payment of the second installment (remaining 50%).

5.4. In case of Credit Payment, the Photographer reserves the right not to proceed with the photographic session if the Client does not make payment within the established deadline.

5.5. Late payments after invoice due dates are subject to 12% interest per annum, calculated daily on the outstanding amount and billed every 30 days.

5.6. Interest invoices overdue for more than 30 days may be submitted to legal proceedings for debt recovery, with the Client responsible for all court costs and legal fees.

5.7. Invoices unpaid for more than 90 days after the due date may be forwarded to legal proceedings, with all related costs to be borne by the defaulting party.

5.8. Any invoice may be considered paid upon sending valid bank proof of payment.

5.9. All payments must be made in euros, unless expressly agreed otherwise.

6. CANCELLATIONS AND REFUNDS

6.1. Cancellations with more than 15 days' notice regarding the shoot date will receive a voucher valid for 90 days for use in a new session of equivalent value.

6.2. Cancellations between 7 to 15 days' notice will receive a voucher for 50% of the amount paid, valid for 90 days for use in a new session.

6.3. Cancellations with less than 7 days' notice are non-refundable and do not entitle to voucher.

6.4. Cancellation penalties are waived only in cases of extreme weather conditions that render the session unworkable, provided both parties mutually agree on the unsuitability of conditions and confirm a new shooting date.

6.5. Vouchers not used within the validity period expire automatically, without right to refund.

6.6. The Photographer reserves the right to postpone any session due to their own illness or that of a dependent, and must provide medical justification as soon as possible.

6.7. In case of inability to perform a session due to Photographer's illness, and depending on the type of session, it may be agreed between the parties to send a trusted substitute, if available.

6.8. If the Client does not wish to reschedule a session postponed by the Photographer due to force majeure, they will be refunded all amounts paid to date.

7. LIABILITY AND INSURANCE

7.1. The Photographer has professional liability insurance, but their maximum liability is limited to the total amount paid by the Client for the session in question.

7.2. The Photographer is not responsible for indirect damages, loss of profits or consequential losses.

7.3. The Client is responsible for ensuring that all persons present at the shoot are properly informed and consent to its execution.

7.4. In case of theft, loss or damage to the Photographer's equipment on Client premises, the Client will be responsible for damages.

8. ARCHIVING AND STORAGE

8.1. The Photographer will keep a backup copy of all images for a minimum period of 12 months after delivery.

8.2. After this period, the Photographer does not guarantee availability of original images.

8.3. The Client is responsible for making their own backup copies of received images.

9. CONFIDENTIALITY

9.1. The Photographer undertakes to keep confidential all sensitive commercial information of the Client.

9.2. This confidentiality does not apply to visual material created, which may be used for promotional purposes as stipulated in clause 4.5.

10. FORCE MAJEURE

10.1. Neither party will be responsible for non-compliance resulting from force majeure circumstances, including but not limited to: pandemics, natural disasters, strikes, acts of public authority.

10.2. In case of force majeure, the parties will agree on a new mutually convenient date.

11. GENERAL PROVISIONS

11.1. These terms constitute the entire agreement between the parties.

11.2. Any changes must be agreed in writing.

11.3. The nullity of any clause does not affect the validity of the remaining ones.

11.4. These terms are governed by Portuguese law.

11.5. For dispute resolution, the parties submit to the jurisdiction of competent Portuguese courts.

Effective Date: June 26, 2025
Version: 2.0

These terms apply to all hotel photography services across Portugal, EU, and all international markets.