AGREEMENT FOR THE PROVISION OF SERVICES

TERMS AND CONDITIONS

 

This agreement is between the Customer, whose name and address is described below, and Studio Visual production lab, represented by the founder  Morina Irina, P. IVA 14476901005, C.F. MRNRNI84L66Z154F, acting on her own behalf and in her own interests, hereinafter referred to as an «The Executor».

 

1. SUBJECT OF CONTRACT

In accordance with this Contract, the Customer gives an order, and the Executor provides services for photographing,

on the terms and in accordance with this Contract.

 

 2. THE RIGHTS AND LIABILITIES OF THE PARTIES

2.1 According to this Contract, third persons can take pictures on condition that they do not interfere with the Executor to fulfill the obligations according to this Contract.

2.2 The Executor undertakes to take photographs of the Customer's photo shooting at a professional and high-quality technical level.

The Executor guarantees that during carrying out work technically working photography equipment will be used, at the same time the received images are might contain by signs of technical imperfection, such as digital noise, chromatic and other aberrations and other that cannot be the basis for claims to the quality of the work carried out.

2.3 Each of the Parties has the right to terminate the Contract in 60 (sixty) days prior to date of photographing. In this case, the advance payment returns to the Customer.

2.4 In the case of force majeure the Executor cannot execute the duties according to this Contract, the Executor has the right to replace himself with other photographer, who shall have similar professionalism and experience as the Executor, but in any case no worse than the Executor, with the prior consent of the Customer.

2.5 The Parties shall be released from liability for partial or full failure to fulfill their obligation undertaken hereunder provided such failure result from Force Majeure circumstances. The said circumstances are to be extraordinary, unforeseen and unavoidable, as well as to arise after the signing hereof and to be beyond the Parties’ control. In this case the term of performance of obligations undertaken hereunder shall be extended for the period during Force Majeure circumstances remain effective.

2.6. The Executor undertakes to transfer to the Customer edited images with graphic processing and editing (retouching) in the amount of no less than 120 (one hundred and twenty) images (photos).

2.7. The Executor undertakes not to disclose information provided by the Customer in the course of fulfilling its obligations under the Contract, as well as information that became known to the Executor during the provision of the Services.

 

 3. CONDITIONS OF POST PRODUCTION

3.1.The full cycle of post-production of the captured material - exposure, cropping, color correction all the selected images;

3.1. Black and white processing of some images.

3.3. The images is an author's product therefore the Customer thereby agrees with the Executor’s work style and results of the Executor’s services, artistic vision and the basic principles of work. The style and artistic intentions are visually reflected in the portfolio on the Executor’s website: www.morinafoto.com and in instagram www.instagram.com/morinafoto.

The Executor guarantees that the quality of the Service provided and the material obtained as a result of photographing will correspond to the level in the Executor's portfolio.

3.4. The retouch is included in a shooting set only for portraits of close-up, averages and general plans are not retouched.

3.5. Initial RAW material is not a ready-made product and is not transferred to the Customer.

 

4. INTELLECTUAL PROPERTY

 4.1. The Executor owns the right of authorship (the right of the author) to all pictures (images / photos) created in the course of the provision of Services. The Customer owns the exclusive right to all pictures (images / photos) created by the Executor during the provision of Services under this Contract..

4.2. For the purpose of marketing of the Executor’s own services, the Executor has the right to use in the publications of the Executor’s own advertising or a demonstrative portfolio (including on the Contractor's website on the Internet at: www.morinafoto.com photos of the Customer with the prior consent of the Customer. The Executor is not entitled to use the photos for commercial purposes and / or transfer the rights of commercial use to third parties without the consent of the Customer.

4.3. The Customer has right to use images in the non-commercial (personal) purposes. In case of the publication in commercial media of images of the Customer, the Customer is obliged to demand from the edition of mentioning in the publication of the Executor’s name. The Customer is obliging not to use images for commercial purposes and/or to transfer the rights to other persons.

 

5. OTHER CONDITIONS

5.1. In case if the Executor shall work more than 6 hours, the Customer is obliged to give to the Executor time for carrying out a meal, not more than 1 hour, or to provide a vegetarian meal. 

5.2. The Parties have agreed that in the course of the provision of the Services they recognize the legal force of communications carried out using e-mail, instant messengers (WhatsApp or Telegram) and other methods that allow to reliably identify the recipient and sender of messages.

5.3. This Contract may be executed by the Parties in an electronically or scanned form in any number of counterparts, all of which, taken together, shall constitute one and the same Agreement and any of the Parties may enter into this Contract by executing a counterpart.  The electronically or scanned copy shall be deemed to have the same effect as the original copy.

5.4. No modification of this Contract shall be valid unless in writing and agreed upon by both Parties.

5.5 The Parties are responsible for non-performance and / or improper performance of this Contract in accordance with the current legislation of Italy.

 

6. THE COST OF THE SERVICES AND MANNER OF PAYMENT

The cost of the Services depends on the chosen Package

 

 

 


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