Hereby Fors Anna Alexandrovna, INN 772 379 079 783 (hereinafter referred to as the Photographer), in accordance with the procedure stipulated in para. 2 Art. 437 of the Civil Code of the Russian Federation, offers an unlimited number of persons to conclude a Service Agreement on the terms and conditions set forth below (public offer). Making a prepayment indicates a full and unconditional acceptance of this Offer (paragraphs 1, 3 of Art. 438 of the Civil Code of the Russian Federation), as well as the fact that the Parties have concluded the Contract on the terms of this Offer (paragraph 1 of Art. 433 of the Civil Code of the Russian Federation). In this case the proper fulfillment of the terms and conditions of the concluded Agreement is an obligation of both Parties (Article 309 of the Civil Code of the Russian Federation). The Customer is obliged to fully familiarize himself with this document before making payment.
1. TERMS USED IN THIS CONTRACT 1.1. A photograph, a work of art — visual image resulting from photography. 1.2. Acceptance of the Offer — full and unconditional acceptance of the Offer by performing the actions specified in clause 2.4 of the Offer. Acceptance of the Offer creates the Contract. 1.3. Contract — copyright contract between the Photographer and the Client. 1.4. Website — Internet resource containing full information on the subject of the Contract, located at the address annaforsphoto.ru. 1.5. Application — the Client’s statement of intention to conclude a Contract with the Photographer, containing information about the selected package of services. The application shall be made in the form of filling out an application on the website at annaforsphoto.ru/services, or in the form of a message in messengers, social networks, e-mail, or verbally — by phone. 1.6. Processing — photo editing, including author’s color correction.
2. CONTRACT SUBJECT 2.1. The Photographer undertakes to create works on the Client’s order, and the Client undertakes to pay the Photographer a remuneration, the amount of which is determined by the selected package of services. 2.2. Quantitative and qualitative characteristics of the works created within the framework of this agreement, duration of photography, additional services within the framework of photography are specified on the website in the section “Services” (annaforsphoto.ru/services) and determined in the Client’s application by specifying a specific package of services. 2.3. The Photographer shall retain inalienable copyright and property rights. 2.4. By making a prepayment the Customer expresses his full and unconditional acceptance of the terms and conditions of this Contract (acceptance).
3. RIGHTS AND OBLIGATIONS OF THE PARTIES 3.1. Photoshooting shall be carried out in accordance with the Client’s Application, on the date and time agreed between the Client and the Photographer, as well as on the route (location) of the photoshooting agreed between the Client and the Photographer. Specific date, time and place of the photo shooting shall be additionally agreed upon by the parties by means of electronic communication. 3.2. In preparation for the photo shoot, the Photographer provides consulting services to the Client — offers locations for the photo shoot, gives recommendations on the image, sends the Client a guide with locations and a moodboard on preparation for the shoot. 3.3. The choice of the photographic equipment, methods and techniques used is the sole prerogative of the Photographer. Rejection of footage, correction, processing, framing, application of any artistic effects and techniques are the creative process of the Photographer, the Client does not interfere in it and fully trusts the Photographer. The Client is familiarized with the Photographer’s portfolio, agrees with the style of his work, color correction. The Client confirms that he/she is familiarized with the Photographer’s working conditions posted at annaforsphoto.ru/about and fully agrees with them. Interaction between the parties shall be carried out in accordance with these terms and conditions, which are an integral part of this Contract. 3.4. When preparing for the photo shoot, the Photographer shall suggest locations for the photo shoot and the most suitable time of day for the photo shoot. If the Client independently determines the location and time of photography, he/she shall provide sufficient lighting in accordance with the Photographer’s recommendations. Also the Photographer shall not be responsible for the aesthetic component of the location chosen by the Client. 3.5. The Client shall follow the Photographer’s recommendations on preparation for the shoot and agree with the Photographer in advance his/her visual image, as well as images of other persons participating in the photo shoot (clothing, accessories, makeup). In case the images were not coordinated with the Photographer or were not coordinated in full, the Photographer is not responsible for the stylistic component of the works. 3.6. The created works shall be handed over by the Photographer to the Client within 7-21 days from the end of the photo shoot. 3.7. Delivery of finished photos is made by sending the Client a link to cloud storage. Photographs are transmitted in JPEG format in black and white. The photographer shall not transfer to the Client discarded and/or unprocessed footage, including RAW files (sources) of processed photos, color versions of photos shall not be transferred to the Client (only black and white versions). Printed products, if their transfer is stipulated by the package of services selected by the Client, shall be transferred by the Client’s own efforts and at the Client’s expense. 3.8. Photos are stored in cloud storage for 14 days. During this period, the Client shall be obliged to accept the result of the work and ensure that it is stored on his/her device. 3.9. If the Client has any claims to the quality, completeness, quantity of the works transferred under this Agreement, the Client shall send to the Photographer a reasoned refusal to accept the works within 2 (two) calendar days from the date of their receipt. In the absence of a written motivated refusal, the Photographer’s obligations shall be deemed to have been fully and duly performed.
4. PROPERTY AND COPYRIGHT IN WORKS 4.1. The photographer shall be the sole author of the works created under this Agreement. He owns copyright, exclusive and personal non-property rights to all the filmed material. 4.2. The photographer transfers to the Client the rights to use the footage, as follows:
the right to reproduce and publicly display works for non-commercial purposes, including on the Internet;
the right to reproduce (copy) works.
4.3. The use of works in accordance with clause 4.2. hereof shall be allowed on an unlimited territory and shall be transferred for an unlimited period of time. 4.4. The rights to use the photographs shall be transferred to the Client on the terms of a simple non-exclusive license — with the Photographer retaining the right to grant licenses to other persons. 4.5. The Client and other persons may publish photos only with the author’s name. In this case, alteration, distortion, addition of photos, including through processing, imposition of filters, cropping are not allowed.
5. REMUNERATION 5.1. For the works created, the Client shall pay the Photographer remuneration in the amount set out in the relevant package of services. 5.2. The remuneration shall be paid in the following order: 50% of the total cost of the contract shall be paid by the Client to the Photographer’s current account before the start of the services for preparation for the photo shoot as a prepayment, the remaining part of the price of the package of services chosen by the Client shall be paid on the day of the photo shoot. The prepayment is the cost of services on preparation for the photo shoot and includes: selection and booking of location for the photo shoot, guide with locations, consultation on preparation for the shoot, assistance in selection of clothes and accessories, moodboard on preparation for the shoot. The remaining part of the price of the package of services chosen by the Client includes remuneration for the creation of works — the cost of photo shooting and photo processing. 5.3. In case of refusal of photography by the Client after the Client receives the results of the preparation services, the amount of prepayment (the cost of actually rendered services for preparation for photography), as well as the amount paid for non-refundable booking of location (place of photography), is not refundable. 5.4. If necessary, the Customer shall additionally pay:
• urgent readiness of photos (3-7 days, depending on the duration of shooting) — 30% of the total cost of the package chosen by the Client; • confidentiality — 50% of the total cost of the service package chosen by the Client; • clothing and accessories rental; • printed matter.
5.5. The right to use the works is transferred to the Client free of charge.
6. CONSENT TO THE USE OF IMAGES 6.1. The Client consents to the use and publication of his/her images taken in the course of photography conducted under this Contract in whole or in part, as part of a composite image or in distorted form and content, and shall sign a Consent to Use of Images prior to photography. Photographer shall have the right to distribute photographs depicting the Client in any manner in publications, contests, exhibitions, advertising, trade, NFT sales for personal collection, publishing, for illustration, promotion and for any other purpose in an unlimited territory and for an unlimited period of time. This consent also applies to photographs where the Client’s face is not visible. Otherwise, the Client will pay 50% of the total cost of the package selected by the Client for the confidentiality of the photography. Confidentiality does not apply to photographs where the Client’s face is not visible.
7. LIABILITY OF THE PARTIES 7.1. The client is responsible for the actions of their guests, family members, friends, and others involved in the shoot. 7.2. In case of damage to the Photographer’s property through the fault of the Client or third parties involved in photography, the Client shall compensate the Photographer for the damage incurred on the spot or within a period not exceeding 5 (five) calendar days. The reimbursement price shall be determined as the market price of similar property (equipment) effective on the date of reimbursement of damage. 7.3. The photographer is not responsible for the appearance of the Client and other persons participating in the photo shooting, i.e. in the process of photo processing the Client does not change the style and color of clothes, hairstyle, make-up, manicure, facial features, body and other components of appearance, nor does the photographer remove tan marks, multiple bruises, etc. The photographer himself determines the degree of photo processing and the elements to be removed or corrected. 7.4. If the Client is late, the duration of the shoot shall be reduced by the time of the delay. In this case payment is made without reduction of price, and the number of transferred photos may be reduced in proportion to the duration of the shooting.
8. DISPUTE RESOLUTION 8.1. In the event of any disputes between the Photographer and the Client on matters provided for in this Contract or in connection therewith, the parties shall take all measures to resolve them by negotiation. 8.2. In case of impossibility to resolve the said disputes through negotiations, they shall be resolved in court in accordance with the current legislation in the court at the place of residence of the Photographer.
9. OTHER CONDITIONS 9.1. The Contract shall be deemed concluded from the moment of its acceptance and shall remain in force till fulfillment by the Parties of all their obligations under this Contract. 9.2. The Contract shall be recognized as concluded at the moment of receiving the acceptance of the offer from the Client. Acceptance of this public offer and its acceptance shall give rise to an obligation for the Parties to execute the Contract, regardless of its signing by the Parties.
