These Terms and Conditions ("Terms and Conditions") of the entrepreneur and natural person, Martina Bromkova, ("Photographer"), who is NOT a VAT payer, stipulate the mutual rights and obligations of contractual parties established in connection with or based on an agreement on photographic services concluded between the Photographer and the Client (“Agreement”). This Agreement is concluded in accordance with Czech Law, specifically the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code ("Civil Code"). Provisions deviating from these Terms and Conditions may be agreed upon in individually concluded agreements. Such deviations agreed upon in individually concluded agreements have priority over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions form an integral part of the Agreement concluded between the Photographer and the Client. The Client will be notified of these Terms and Conditions sufficiently in advance and prior to the execution of the order, and they will have the opportunity to read them. By concluding the Agreement, the Client further agrees that these Terms and Conditions become an integral part of the concluded Agreement. All contractual relations between the Photographer and the Client are subject to the laws of the Czech Republic. If a contracting party is a consumer, contractual relations not regulated by the Terms and Conditions are subject to the Czech Civil Code and Act No. 634/1992 Coll., Czech Consumer Protection Act. If a contracting party is an entrepreneur, relations not regulated by the Terms and Conditions shall be subject to the provisions of the Czech Civil Code applicable to entrepreneurs.
Photographic services can be ordered by email, phone or in person, or by message sent on Instagram Messenger. By making a binding order of the Photographer's services, the Client agrees to have read and accepted these Terms and Conditions. After that, the Client receives information about the style of photography characteristic for the Photographer.
CANCELLATION OF THE BOOKED SESSION
If you are unable to attend the booked photography session for whatever reason, and you need to cancel it or postpone until a later date, it is your responsibility to give a long enough notice, either by phone or email. The notice should be given no later than 24 hours before the planned session.
PHOTOGRAPHY SESSION LENGTH
The length of the photography session may vary depending on the type of photography session ordered. Each session is allocated enough time required for the given session, usually around 90 minutes.
CHOICE OF LOCATIONS FOR THE PHOTOGRAPHY SESSION
The Client chooses the location of the photography shooting. Typically, the photography sessions take place in Prague or in the surrounding region. The session can take place outdoors or indoors (at the Client’s home). The Photographer recommends these locations for photo shoots in Prague.
All photographs selected by the Photographer undergo basic retouching. This means adjusting the brightness, contrast, colour tones; cropping, straightening the horizon, smoothing skin, and removing small blemishes. Adjusting the background, or removing possible distracting elements in the background. The Photographer does not, however, make drastic changes in body appearance, i.e., changes in body proportions, slimming of the figure, adjustments of nose, teeth, etc. Neither does the Photographer remove and adjust things like tattoos, dirty shoes, messy hair, chipped nail polish, or imperfect make-up. The general recommendation is to prepare for the photo shoot so that the Client is not embarrassed by these possible imperfections in the final photographs.
DELIVERY OF THE PHOTOGRAPHS
Unless otherwise agreed in advance, the selection of the best photographs is at the discretion of the Photographer. The delivery of the final photographs to the Client follows a maximum of 7 working days after the shoot. For express delivery (i.e., delivery within 48 hours after the shoot), the Photographer charges an extra fee of 1000 CZK on top of the usual price. Photographs are delivered to the Client in electronic form via online photo gallery. The Client receives a link which allows them to download the full-resolution photographs to their computer. The Photos are delivered in JPG format. The Photographer does not provide photographs in RAW format. If the Client wants the photographs delivered in printed form, as additional service, the Client will choose the photographs for printing after the delivery of the photographs, and they will specify the size and the number of photographs they want printed. Printed photographs are delivered either in person or sent by the Czech delivery service Zásilkovna. The Photographer calculates the price of this additional service and informs the Client in advance about the price. The printing of photographs will be conducted by the company Dastax.
PRICES AND PAYMENT
A price list of photographic services is available at all times on this website. The payment for the photographs will be due within two working days following the photo shoot, and it will be made by bank transfer to the Photographer's bank account. The Photographer will send the payment information to the Client after the session per email. When the payment is made, the Photographer sends the electronic invoice for services to the Client. If the Photographer does not receive the payment for services within two business days, the Photographer reserves the right not to deliver the order until the payment is made. This will also extend the deadline for delivering the photographs.
If additional services have been ordered (photo printing), the payment must be made before the Photographer orders the printing of the photographs. The Photographer offers a loyalty discount of 10% off the currently valid price list for any next photography session.
STORING AND ARCHIVING OF THE PHOTOGRAPHS
The Photographer archives all unedited photographs (in RAW) for 1 month following the delivery of the order. After 1 month, the data is deleted in accordance with The General Data Protection Regulation (EU) 2016/679 (GDPR). Accordingly, if the Client wants to raise a complaint, they must do so within one month following the delivery of the order. The delivered photographs (in JPG) are archived for one year.
RAISING A COMPLAINT
Each Photographer has a unique style of working with light, environment, composition, and other aspects of photography. If the Client is not satisfied with the Photographer's style, this by itself does not constitute a reason for raising a complaint. According to these Terms and Conditions, the Client should make themselves familiar with the Photographer’s style prior to ordering a photography session with the Photographer. The aesthetic quality of the photographs cannot be the subject of a formal complaint. The individual perception of each photograph may vary for each person and its aesthetic evaluation is purely subjective.
All photographs are subject to copyright and are the property of the Photographer. The photographs may not be used for commercial purposes, promotion, or sale to a third party without a prior written consent of the Photographer. The Photographer may use the photographs for personal, non-commercial presentation.
CONSENT TO PUBLISH THE PHOTOGRAPHS
All photographs published in the Photographer's portfolio, on social media or on their website were published with the verbal consent of the relevant persons. If the Client changes their mind about their consent, they have the right to withdraw their consent, either verbally or in writing.
For further information, see FAQs.