TERMS AND CONDITIONS

By using this website, you ("User") agree to the following Terms and Conditions and Privacy Policy. Please read them carefully.

General Provisions

This website is owned and operated by Ministudiet (hereafter referred to as "Our", "We", or "Company").

Use of this website is at your own risk. We make no explicit representations or warranties regarding the safety of your individual use of the website. The terms and conditions on this page are subject to change at any time.

Photographer’s Responsibilities

When a contract is entered into between Client and Company, Company agrees to perform photographic services for Client at the Event specified in the contract in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Company may employ one or more assistants. Company is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Company will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Company’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event. Company cannot be held responsible for backgrounds and lighting conditions that diminish the quality of the ordered work or make the task impossible.

If Company is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Company reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Company shall not be obligated to refund any of the fees paid by Client because of such action.

Payment

A non-refundable booking fee (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Company commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Company shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned booking fee), to attend the Event or to supply images.

Copyright

All images taken by Company at the Event, in whatever form, are copyright protected. Comany will allow reproduction and publishing for personal use (eg. wall hangings at home, facebook, blogs) by Client, but any sale or publication for profit without Company’s express written permission is a violation of federal copyright law. Company retains Copyright in all images taken at the Event.

Copying and Use of Images from this Website

According to copyright law, it is not permitted to use or copy images from this website or the associated Instagram/Facebook/TikTok and use them on your own social media, including websites, Facebook, Instagram or TikTok, without a written agreement with Company. If this occurs, an invoice will be issued without further notice, in accordance with the current rate set at 1200 DKK / € 161 per photo. This also applies to the use of images with watermarks.

Event Changes

Company must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If Client notifies Company by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above, then Company shall be entitled to the booking fee amount as liquidated damages for having to reschedule the event. The booking fee amount will need to be repaid upon booking the new date, subject to Company's availability.

Cancellation

Upon acceptance of these terms and payment of the booking fee, Company shall commit to attending the Event on the specified date. If Client cancels the Event entirely, then Company shall not be required to repay any of the payments made by Client.

Delivery Date

The delivery time for digital files is 8-16 weeks after the Event. After the delivery of the digital files, an album will be created. The Album shall be delivered no later than 90 Days from the date of final Client approval.

Price Protection

Company warrants all prices quoted for Event images are valid for a period of 1 Month following the Event. Orders placed after such period are subject to Company’s published pricing at the time of the orders’ placement.

Model Release

Client agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event of Clients for instructional or marketing purposes without payment of any additional fee. If Client wishes to keep the images private, Client can purchase the images freely for a fee of 4000 DKK / € 550.

Force Majeure

If Company is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Conpany’s sickness, or other acts of God beyond the parties’ control, then Company shall return all money paid by Client (including any booking fee), and any Agreement shall immediately terminate. In the event that Conpany is unable to attend and complete the task as agreed in a contract, Company will attempt to find a replacement. If this is not possible, Client must find a substitute themselves. Client will not be able to claim compensation. If any in the Company dies before the event, Client will not receive any money back.

Jurisdiction

The Danish judicial system shall have exclusive jurisdiction over disputes arising from any Agreement.

Indemnification

Client acknowledges that Company may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Company harmless for the impact such restrictions may have on the final product.


LIMITATION OF LIABILITY

COMPANY’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO AN AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS COMPANY OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.

Event Meals and Drinks

Client shall arrange with the caterer for meals and drinks to be provided to the Company and 1 assistant (if applicable).

Choice of Law

Any Agreement shall be governed by the laws in Denmark, notwithstanding its conflicts of laws provisions.

Protection of Deliverables/Retention of Files

Company shall take all reasonable steps to protect the images that are recorded at the Event until such time as the digital files and the Album are delivered to Client. In the event that all digital files are lost, stolen, or destroyed due to reasons beyond Company's control, including but not limited to hard drive failure, camera malfunction, and the like, and this occurs before the images are delivered to Client, the full amount will be refunded to Client. If this occurs Client will not be able to seek or receive compensation from Company. Once the Album has been delivered, Company shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.

The Images

Company is not obligated to provide all photos taken on the day. The decision of which images are delivered to Client is at the discretion of Company. Company will not provide RAW files.

The images will be edited in line with Company's signature style and will not be re-edited after delivery. If the customer wishes additional editing for an image, this can be done for a fee of 400 DKK / € 55 per image. The images that Client receives will be a mix of color and black/white pictures. Company determines the distribution between color and black/white images. The final outcome of the images will depend on the weather on the day as well as the surroundings. For example, if it's raining, rain may appear in the pictures. If there is bright sunlight, there may be harsh shadows, for instance, on the face. Client is not alowed to edit the images.

Clients Appearance

The responsibility for Client’s appearance rests solely with Client.

Permits

Unless otherwise clearly agreed in writing, it is the responsibility of the Client to obtain permits for photographing at the desired locations if such are required. Note that many public buildings, such as train stations, metro stations, shopping malls, and the like, have restrictions on photography unless written permission has been obtained.

Last updated on: may 31, 2024