Terms and Conditions

In these Terms and Conditions “the photographer” shall mean Jake Santos trading as Jake Santos Photography. “the client(s)” shall be the people who’ve booked a photoshoot with Jake Santos Photography (or the guardian or parents of the person who’ve booked the shoot when being under the age of 18). These Terms & Conditions cannot be varied by the clients in any way, unless the conditions are agreed on by the photographer in writing. When booking an appointment with Jake Santos Photography, the client agrees on the following terms and conditions.

 

Copyright

  1. The entire copyright in the pictures is retained by the photographer at all times throughout the world and is administered by Jake Santos Photography.

  2. All rights of any photography or other visual material such as videography are reserved by Jake Santos Photography and are protected under Copyright laws.

  3. Clear photo credits to the photographer are required for any and all usage of photos taken by Jake Santos. This includes sharing the photos on social media.

Personal note from the photographer: Tagging my profile when you’re sharing my photos on social media is very important for me. Many people have found Jake Santos Photography through shares and tags on social media. When you’re sharing my work on social media, please make sure to either tag my profile in your photo (@jake_santos_photography) or mention my name and profile in your post.
Of course doing both (tagging + mentioning) is highly appreciated!

Display

  1. The client(s) hereby allow(s) the photographer to display any photo covered by these terms & conditions and to generally promote Jake Santos Photography on social media and in advertising, brochures, websites, sample albums etc.

  2. If the client(s) does not want the photos to be used for the purposes mentioned above by the photographer, this should be mentioned when booking the photoshoot. If the client(s) declare(s) that he/she/they do(es) not agree with the use of the photos for these purposes, the photographer will surcharge €30,- on top of the regular pricing.

  3. The pricing mentioned on the website of the photographer are calculated based on the option to use the photos for promotional purposes as mentioned above by the photographer.

Personal note from the photographer: When booking the photoshoot, please keep in mind that for me using the photos for promotional purposes is very important for letting my company Jake Santos Photography flourish. In general this is how clients have found me and most likely it’s also how you’ve found me. 

Creative license, coverage and reproduction

  1. All photos that meet the quality the photographer is aiming for, will be available to preview by the client(s) in Pixieset. In Pixieset the client(s) can select their favourite photos.

  2. It is not permitted to copy, screenshot or save any of the photos that are presented to the client(s) in Pixieset. The display of the photos in Pixieset is merely for the purpose of selecting the photos the client(s) is/are wishing to receive in high resolution.

  3. Although the photographer always makes every effort to give all photos a consistent look and feel, due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photos.

  4. It is not permitted to use the photos for commercial purposes or for the photos to be used by commercial companies. For commercial photoshoots with the purpose to promote a service, product or company, portrait rights are taken into account and therefore different pricing is applied.

  5. It is not permitted to send any of the photos to photo competitions or to resell the photos to third parties without the permission of the photographer. Jake Santos Photography preserves all rights to the photos.

 

Privacy

  1. The photographer will not disclose or share any personal information from the client(s) with third parties without the explicit written permission from the client(s). This applies to address, date of birth, telephone numbers, email addresses or any other privacy sensitive personal information.

 

During the photoshoot

  1. During the shoot, no photos or any other recordings may be taken with a telephone or other equipment without the explicit permission of the photographer.

  2. Any directions issued by the photographer to clients during the photoshoot are deemed to be at said persons own risk. The photographer will do her best to create a safe environment at all times. However, the photographer cannot be held responsible for any personal accidents during a photoshoot.

 

Deliverables

  1. Once the photoshoot has taken place and the full payment has been done by the client, the time for the photographer to edit the photos and deliver the photos to the client(s) takes 1 to 2 weeks unless mentioned otherwise by the photographer by writing.

  2. As mentioned under creative license, coverage and reproduction, the client will receive a Pixieset link. In Pixieset the client can select the 7 favourite photos from the photoshoot.

  3. The client will receive the photos in high resolution digital JPEG files without any logo or watermark. These 7 digital JPEG files are included in the pricing of the photoshoot. The photos will be sent in both colour and black & white.

  4. The photos received by the client must be maintained in the original state as delivered by the photographer at all times. It is not permitted to edit the photos or to apply a filter over the photos.

  5. Printing the photos is permitted for personal usage only.

  6. Additional high resolution JPEG files can be ordered up to 3 months after the photoshoot for €10,- per photo.

  7. The photographer only provides edited photos. It is not possible to receive unedited files and/or RAW files.

  8. The selected high resolution JPEG files will be delivered to the client digitally via WeTransfer.

 

File storage

  1. The edited photos of clients are stored by the photographer for a maximum of 3 months.

Booking and payment

  1. In order to book a photoshoot with the photographer, the client is required to complete the booking form on the website of the photographer. The booking will be considered confirmed when the client has received a confirmation e-mail from the photographer.

  2. For a Sitter Session, a deposit of 50% of the total price must be made by the client after completing the booking via the booking form on the website of the photographer.

  3. For a Newborn or Smash Cake photoshoot the client can complete the payment per Tikkie link after the photoshoot has taken place in the studio or on location.

  4. When additional photos are ordered by the client(s) after the photoshoot or after receiving the 7 selected favourite files, the additional costs need to be transferred by the client before receiving the additional photos.

  5. Any visual results from the photoshoot only will be delivered by the photographer to the client when the client has completed the payment.

  6. Unless specified otherwise, pricing includes VAT. Travel expenses are excluded from the pricing. Travel expenses are rated at €0,21 per kilometer.

 

Cancellation

  1. Once a booking is made, the photoshoot can be rescheduled only when the client sends the photographer a cancellation e-mail maximum 48 hours in advance. 

  2. For a Smash Cake photoshoot a deposit of €30,- is required. For cancellations maximum 48 hours in advance there’s a refund of 20% of the deposit or the possibility to reschedule the photoshoot. For cancellations within 48 hours before the photoshoot there will be no refund of the deposit.

  3. In the event of cancellation, the client is not entitled to receive a refund of the deposit. However, it is possible to reschedule the photoshoot.

  4. If the photographer has to cancel the photoshoot due to weather/lighting conditions or any other reason beyond the control of the photographer, the client can reschedule the photoshoot without losing the deposit. The new date is only confirmed with a written confirmation from the photographer.