TERMS & CONDITIONS

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i. The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the EVENT(S).  The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

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ii. Confidentiality. The Photographer acknowledges that the privacy of the CLIENT is highly valued and that all efforts are made to maintain confidentiality. Accordingly, Photographer agrees not to disclose any confidential, personal, or private information about the CLIENT, CLIENT’s family, or CLIENT’s personal relationships at any time.

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iii. The Photographer shall provide You with high-resolution digital jpg files. You are responsible for ensuring that the digital files are safely stored upon delivery. The Photographer stores the Photographs for 3 months after delivery, after this time period The Photographer is under no obligation to keep them stored or maintain copies of the digital files. The Photographer recommends that you store them in at least two different places for longevity and safety.

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iv. The Photographer is not liable to deliver every image taken at the event.  The determination of images delivered to the CLIENT is left to the discretion of the Photographer. The CLIENT will receive final edited Photographers 4- 6 weeks after the photo session.

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v. Pertaining to venue and location the Photographer is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the Photographer will offer technical recommendations only.

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vi. The photographs produced by the Photographer are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer’s explicitly written permission outside the usage outlined in the license agreement

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vii. The CLIENT is granted to the use of approved photographs for the purposes of self-promotion. Inc. on the album cover, social media and publication in print media. With the following conditions:

1. No alteration of the photographs is to take place without written permission from the Photographer including social media “Filters”.

2. A credit to the Photographer is placed near the photographs in any and all print media, press publications or otherwise.

3. Notification is given to the Photographer detailing any media publications.

4. The CLIENT may not sell or relicense the photographs. Any sales of the photographs must be undertaken through the Photographer.

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viii. Photographer may use approved Photographs for non-commercial, non-publication purposes to promote Photographer’s work. (PORTFOLIO USE)

ix. LIMIT OF LIABILITY: 

• In the unlikely event that the assigned Photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).

• In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.  The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

• In the unlikely event of a complaint, this should first be raised by the Client to The Photographer in writing within 14 days of receipt of Your final images.

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 x. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. Images are not to be altered or edited by the CLIENT including social media “Filters” without express permission from the PHOTOGRAPHER

 

xi. Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Photographer.

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• IMAGES

Mayartha Productions acknowledges that photographs may contain personal data under the DPDP Act 2023. We photograph guests at events as part of our documentation services, relying on legitimate interests as our basis for processing personal data. 

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In terms of explicit DPDP Act compliance, clients and guests are photographed within the parameters of DPDP act on the basis of ‘legitimate interests’. The taking of photographs of guests when viewed as a form of processing personal data is necessary for the legitimate interests of Mayartha Productions as a photography business unless there is a good reason to protect a given individual’s personal data which overrides those legitimate interests.

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Operating within the parameters of legitimate interests as laid out in DPDP Act, the disproportionate effort involved in providing Privacy Policy information to all guests at the event and the degree to which it would distract us from performing our job renders it infeasible to do. Booking clients are therefore requested in their contract to direct their guests to read this Privacy Policy in advance of the event and to advise them to contact us in advance with any concerns around the processing of their personal data, namely being photographed.

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We may display any photographs to promote Mayartha Productions on our website, blog, on social media, on photography related websites, in exhibitions, in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to Mayartha Productions Photography’s client(s).

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Mayartha Productions retains the full copyright of any photographs produced. Images captured at events will be retained for a minimum of two (2) years after the date of the event.

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• YOUR RIGHT TO ACCESS INFORMATION OR WITHDRAW YOUR DATA

Anyone photographed by Mayartha Productions, whether a client or guest, and whether past or current may withdraw consent for a photograph in which they appear to be displayed. The process for this is to email specifying the photo in question. After the request has been made, Mayartha Productions will take the necessary step to remove the image online.

You have the right to contact Mayartha Productions at any time and ask to view the Personal Information that the business has stored on you. You have the right to ask to have such information deleted or removed. 

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• RIGHT TO AMEND OUR PRIVACY STATEMENT

Mayartha Productions Photography reserves the right to amend this Privacy Policy at any time. Changes shall be effective right upon posting up on the Site.