TERMS & CONDITIONS

-Agreement-

This Online Agreement (‘‘contract’’) comprises the entire understanding between both Parties: the Client(s) (“Clients”) and Gabriela Straczynska and Lel Burnett  ("Studio Hexen") to provide photography and/or videography services for Clients for their session (‘’session’’) or/and producing and editing photographic or video Media (‘‘media’’) . Any changes to the terms and conditions detailed within this contract must be set out and agreed by both Parties in writing. This agreement shall be governed in accordance with the laws of the United Kingdom. By completing this document and/or by making the initial payment Client agrees to all terms and conditions within.

-Session Details-

The details of the session are to be agreed beforehand in writing (email is acceptable). Clients shall notify Studio Hexen of any changes to these details in writing. Studio Hexen cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.

Please note that photography/videography professionals may sometimes be limited by house rules imposed by venue management as to what can and cannot be done. In some situations there may be limitations on flash photography or lighting equipment in public spaces, and in others, photographers/videographers may be prohibited from working in restricted areas. In such circumstances, Clients accept that these limitations will restrict the quality of work produced. It is advised that the Clients make themselves aware of the rules of venues, and if necessary, negotiate for fewer and/or more favourable restrictions. 

It is the responsibility of the Clients to schedule and receive permissions to use various locations for Studio Hexen services, including the session locations (such as photography studio’s or rented venues) and any other locations used during the day. Should a location require a payment, this payment should be paid by the Clients.

Both the Clients and Studio Hexen are in agreement that cooperation, communication and good faith efforts to adhere to the schedule are essential to producing the best possible results. In cases where the venue does not adhere to the schedule (whether from tardiness, forces of nature, acts of God, etc.) Studio Hexen will make every effort to compensate, so as to make the best of the given circumstances, but cannot guarantee that the quality of the work produced would be as high, as it otherwise would be, absent the scheduling delays, disruptions and changes.

-Services-

The Client agrees to book Studio Hexen for services outlined in this agreement and the Invoice received. There is the option to upgrade a package and/or services, e.g. by adding additional hours or media, agreed in writing by Studio Hexen prior to the session date with a separate Invoice provided. The Clients agree that they cannot downgrade the booked services to a reduced service, or less hours than is stated on this contract.

a. Revisions: Once the media has been edited and delivered, Clients are entitled to one round of revisions. Once all Clients comments, ideas, and questions are presented, Studio Hexen can make the necessary amendments, with consideration of the Client's feedback. The delivery date for the revisions will be dependent on the number of media, and the extent of work required based on feedback.

b. Additional hours: Clients can book additional hours of coverage for £200 per hour, even during the session, if agreed by all Parties. Depending on travel arrangements last minute changes may or may not be available to book.

c. Additional Services: Any additional goods or services not included in this contract will be sold at then-current rates. Studio Hexen makes no pricing guarantees outside of the terms of this contract, and the Clients acknowledge that prices for additional goods or services are subject to change.

d. Additional Images: Clients can purchase more media from the session up to a year after the session took place for a rate of £30 per any additional image. Additional videos are priced based on scope of post-production required.

e. Second/ third shooter: If needed, sometimes a second/third shooter may be selected for the session to ensure the best coverage; please be advised that they will be hired by Studio Hexen for the hours chosen by Studio Hexen. Second/Third shooter may not be there for the entire session depending on the professional needs of the Studio Hexen that day. Clients will be informed and consulted about it prior to the session day in writing.  

f. Studio Hexen and the Clients agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Clients do not arrive at the appointed time for the session, shooting will commence upon the Client's arrival and end at the original scheduled end time. Should this occur, an on-site consultation can be arranged to establish if additional hours are required. Any additional time beyond the scheduled end time will be added at Studio Hexen discretion and billed to the Clients.

-Booking and Payment Terms-

a. Booking. The completed, signed "Online Agreement" and the booking fee are required to confirm and reserve the stated services from Studio Hexen on the given date. As stated on the invoice, by making the initial payment Client acknowledges the agreement to the terms and conditions. If this agreement is signed but the required payment is not made then Client’s booking is not considered confirmed and Studio Hexen is not bound to fulfil any aspect of the agreement. Both the date and services are released to the public and deemed bookable. 

b. Booking fee. For bookings under £1000 a full amount is due upon booking. For bookings over a £1000 a retainer fee of 50% of the chosen package is required to hold the date of the session as well as full acceptance of the terms and conditions as written in this contract that secures the time and services of Studio Hexen for the session. A booking fee upon booking is a non-refundable and non-transferable in the event of cancellation on the part of the Clients. No date is reserved until a full amount/retainer is received. 

c.Booking confirmation. After both, signed contract and a booking fee are received, Studio Hexen will confirm the booking via email within 5 working days from completing both steps.

d. Outstanding balance. The retainer is deducted from the full cost of the Clients’ chosen package. Payment of the remaining balance will be due before the scheduled session commences. If final payment is not received as set, Studio Hexen reserves the right to withhold delivery of the media and/or not attend the session until payment is received. Any last minute agreed additional services will be invoiced separately after the session.

e. Payment method. All payments due shall be paid via bank transfer to account details outlined in received Invoice.

f. Delayed payment. For any started week delay in full payment a late payment fee will be applied as 10% of the total cost of the booking. Additional Invoice(s) will be sent with updated balance(s) should this occur, and need to be compensated within a month since receiving them.

-Reschedule-

Sessions that are postponed to a later date for any reason, within or without Clients control, will retain the booking fee as long as Studio Hexen can reschedule for the new date and time. If Studio Hexen cannot provide service for the new date, this will be considered a Client Cancellation, excluding incidents where force majeure is responsible. Studio Hexen will rebook travel where possible. Any additional travel fees incurred as a result shall be the responsibility of the Client. 

-Cancellation-

a. Client Cancellation. The Client may cancel this contract at any time by giving written notice to Studio Hexen but in doing so shall forfeit any monies paid up to that time. All cancellations must be delivered in writing. 

b. Studio Hexen Cancellation. In the unlikely event of Studio Hexen not being unable to provide booked services on the day of your booked session, as much notice as possible would be given, and Studio Hexen will provide a trusted sub-contractors replacement to capture the raw media on the day. They would be briefed on your day schedule, made aware of any personal requests, and be provided the shot and location list and any moodboards prepared for it. The raw media would then be provided to Studio Hexen for processing, editing, and all other post production related services to ensure all deliverable media aligns with the discussed stylisation.

c. In the extremely unlikely event that the Studio Hexen team becomes injured or are too ill and cannot supply the agreed upon services as specified, and Studio Hexen are unable to find a replacement contractor, then liability is limited to a full refund of any payments received up to date of such to the Clients.

-Artistic release-

Style. Clients have spent a satisfactory amount of time reviewing Studio Hexen work and have a reasonable expectation that they will perform the services in a similar manner and style, unless otherwise specified in this agreement.

Consistency. Studio Hexen will use all their experience and technical efforts to ensure Clients desired services are produced in a manner agreed and consistent with Studio Hexen style and they will try to incorporate any reasonable suggestion made by the Clients. However, Clients understands and agrees that:

1. Every Client and services provided by Studio Hexen are different, with different tastes, budgets, and needs;

2. Studio Hexen team are limited by the guidelines of the location, event or venue or site management; in addition every venue and every space provides different lighting conditions, therefore Studio Hexen team will use their best judgement and experience performing their services under each conditions to provide best results;

3. Visual services are a subjective art and Studio Hexen have unique vision, with an ever-evolving style and technique;

4. Studio Hexen will use their artistic judgement when providing services for Clients, which may not include strict adherence to Clients suggestions;

5. Although Studio Hexen will use reasonable efforts to incorporate Clients suggestions and desires when providing Clients with the services, Studio Hexen shall have final say regarding the aesthetic judgement and artistic quality of the services they provide;

6. Dissatisfaction with Studio Hexen aesthetic judgement or artistic ability are not valid reasons for termination of this contract or a subject to request of any monies returned. However, Studio Hexen will take any action to provide the best outcome of any visual media produced for the Clients and cooperating at all stages of the service.

-Copyright & Usage Rights-

All media, images, audio sounds and videos, both raw and edited, created by Studio Hexen are a copyright protected under the United Kingdom’s Copyright, Designs and Patents Act 1988 (with any later changes). Any and all media, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this contract, are expressly and solely owned by Studio Hexen and may be used for promoting Studio Hexen. Permission is granted in perpetuity to the Clients to reproduce (copy) and make use of the Studio Hexen final media under the following conditions: the use of any images by the Clients is permitted to the Clients’ personal use. Prior written permission from Studio Hexen is required for any sale, publication or commercial use of the media or use of any media by any Third Party, e.g. apps using AI tools, magazines or companies that wish to publish them on their social media channels or websites. Any Third party not mentioned in this contract who use any above media for any purpose without Studio Hexen and Clients permission will be invoiced the licensing fee for media usage. If permitted, a Third Party must publish the media unaltered and clearly state Studio Hexen and Clients in credits. Studio Hexen requests that any media are not altered or manipulated in any way that is delivered by Studio Hexen.

Artificial Intelligence

Studio Hexen does not approve delivered media for AI use and/or AI training.

Unless explicitly stated in an Invoice, Client may not use the assets in connection with an immutable digital asset intended for sale, including but not limited to non-fungible tokens. All rights not expressly granted to the Client are reserved to Studio Hexen’s team as a copyright holders. No machine learning, AI, or biometric technology use. Unless explicitly authorised in the Invoice, Client may not use the media including any caption information, keywords, or other metadata associated with content for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.

Model Release

The Clients are responsible for informing all attendees of Studio Hexen presence and purpose for the day. Studio Hexen will conduct themselves under the understanding that all attendees are aware of visual media being captured and are willing subjects thereof. The Clients must inform Studio Hexen of anyone not consenting, or cannot be for religious or medical reasons, to be filmed or photographed at the earliest convenience. All reasonable attempts shall be made to avoid capture of their likeness both on the day, and in any final deliverables, however this may not always be possible without impacting upon the quality and/or quantity of final media. In such an event Studio Hexen will consult you to resolve this matter. Example: Blur, Re-cropping of images, or post-production subject removal.

Whilst Studio Hexen intends to use the images for promoting their business primarily through online portfolio and social media, as per UK copyright law, Studio Hexen remains the copyright holder. As such, by the signing of this contract and by hiring Studio Hexen, The Clients hereby grant Studio Hexen the irrevocable and unrestricted right to use and publish any media captured during the session and that they may be included for advertising or any other purpose and in any manner and/or medium considered standard by the photographic industry. Such mediums/purposes include, but are not limited to: advertising, online promotion, sample albums, and any other use thought proper by Studio Hexen and considered standard by the industry. The Clients release all claims to profits that may arise from use of images. 

Should the Clients wish to purchase the copyright to the media, an additional release form needs to be signed, and fee shall need to be negotiated and paid for.

-Limits of Liability-

Limit of Value. In the unlikely event of a total media failure or cancellation of this contract by either Party or in any other circumstance the liability of one Party to the other shall be limited to the total value of the contract. Neither Party shall be liable for indirect or consequential loss.

Loss of Media. Studio Hexen undertakes reasonable efforts to safeguard and prevent loss or damage to captured media. In the unlikely event that any media may be lost, stolen or destroyed for reasons in or beyond our control, liability is limited to the return of payments received for the services provided or part thereof according to the percentage of media supplied and is limited to the total value of the contract.

Accidents. Studio Hexen is not responsible for any injuries inflicted upon any participating Parties. Studio Hexen does maintain proper liability insurance and a copy of policy can be made available to Clients/venues, if desired. 

Indemnification. Clients agree to indemnify, defend and hold harmless Studio Hexen and their affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to services and/or media Studio Hexen provides to Clients.

Permissions. It is the Clients’ responsibility to schedule and receive any permission to use various locations for capturing any media, including any locations used during the day. Should a location require a payment, this payment will be paid by the Clients. Studio Hexen cannot be held responsible for any permission unobtained.

Clearances. Studio Hexen shall only be responsible for obtaining clearances in respect of Third Party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the session. In all other cases, Clients shall be responsible for obtaining such clearances and will indemnify Studio Hexen against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

Garments. Studio Hexen cannot be held responsible for damage to garments during the sessions. Clients are responsible for their wardrobe, however Studio Hexen will make all efforts to not put any Parties in a situation that may cause harm or damage to special garments.

Equipment. Studio Hexen agreed to use professional photographic and filming equipment and lighting and carry backups of all key equipment. Whilst all equipment is regularly serviced and insured and its performance checked, Studio Hexen will not be held responsible if unable to deliver some services due to sudden and unrepairable technical failure of the equipment occurred during the session. 

Specific coverage failure. Studio Hexen will endeavour to take all agreed upon media, and stick to the session plan. However, Studio Hexen cannot guarantee delivery of any specifically requested image(s), especially if timings or events are altered without our knowledge during the session.

-Force majeure-

In the highly unlikely event of total impossibility to perform services beyond Studio Hexen or Clients control, their liability shall be limited to a full refund of all monies paid. When and to the extent such failure or delay is caused by or results from acts beyond the impacted Parties control, including, but not limited to, the following force majeure events: 

a. a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; 

b. war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; 

c. government order or law; 

d. actions, embargoes or blockades in effect on or after the date of this Contract; 

e. action by any governmental authority; 

f. national or regional emergency; 

g. strikes, labour stoppages or slowdowns or other industrial disturbances; and 

h. shortage of adequate power or transportation facilities.

-Appropriate Conduct, Safe Working Environment-

Insurance and safe conduct. Studio Hexen have full Public Liability and Professional Indemnity Insurance and will perform their services to the best of their abilities in a safe conduct with as minimal as possible disruption to schedule.

Harassment policy. Studio Hexen reserves the right to terminate coverage and leave the location of the session if the Studio Hexen team experiences or witnesses inappropriate, threatening, hostile or offensive behaviour from Clients; or in the event that the safety of Studio Hexen team or their equipment is in question. Studio Hexen shall be entitled to retain all monies paid and the Clients agree to not hold the Studio Hexen responsible as a result of incomplete media coverage.

-Governing provisions-

Governing Law. This Contract is governed by the laws of the United Kingdom.

Severability. If any portion of this Contract is deemed to be illegal or unenforceable, the remaining provisions of this Contract remain in full force.

Agreed Method of Communication. Parties shall provide effective communication and notice to each other via the following method: by email and telephone in Contact details stated in Parties section above in this Contract.

Merger. This Contract constitutes the final, exclusive agreement between the Parties relating to Studio Hexen services contained in this Contract. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Contract are expressly merged into and superseded by this Contract.

Amendment. The Parties may amend this Contract only by the Parties’  consent via written notice.

Confidentiality agreement. Studio Hexen agree that the any information provided by the Clients detailing their session preparation is to be considered Confidential Information and proprietary to Clients and shall not use the Confidential Information other than for the purposes of its business with the Clients, and shall disclose it only to its contractors or assistants that may involved with producing the media for the Clients with a specific need to know.

Complaint procedure. Please address any complaints to Studio Hexen by email sent to studiohexenteam@gmail.com

Should Clients wish to involve a Third Party to arbitrate in any form, Studio Hexen reserves the right to advise their insurers legal department of any formal complaint made against them. Should the complaint outcome be found in favour of Studio Hexen, any fees, expenses, recordable losses, or combination thereof resulting from the complaint, (such as insurance excess payments), will be considered as liable to be paid by the Clients and reimbursed by Clients to Studio Hexen in full within 30 days of the finding.

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