Question 1

SERVICE AGREEMENT

Accepted Answer

Please read these Terms and Policies (“Agreement”) carefully before using www.bahamasvacationphotography.com (“the Site”) operated by Digital Kafe Photography (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.bahamasvacationphotography.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content to the Site, you agree to be bound by these Terms and Conditions.
Intellectual Property
The Site and its original content, features and functionality are owned by Digital Kafe Photography and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Question 2

SERVICES  & DESCRIPTIONS

Accepted Answer

We provide digital photography services.

Vacation Photography which includes: 30mins - 60mins On-Location, digital images delivered in an online link or gallery.

30min Session includes = 30 High-Resolution image downloads
60min Session includes = 40 High-Resolution image downloads

The is our sole obligation to you as a client. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. All services provided by Digital Kafe Photography owner of www.bahamasvacationphotography.com

All photography services are provided by Digital Kafe Photography, a fully licensed photography company based in Nassau, Bahamas. Booking and payment invoice and receipt will reflect this.
www.digital-kafe.com

Question 3

PRICE & COST

Accepted Answer

All prices indicated on this and all  Digital Kafe Photography websites are expressed in US dollars (USD$).

The prices charged on Credit/Debit cards may vary according to changes in the foreign exchange rates. We have no control over the foreign exchange rates set by financial institutions and bear no responsibility for the foreign exchange conversion used. Services to customers include foreign exchange (processing fees) plus applicable tax up to 6.7%.  As of Summer 2024 card payment for 30mins session is $221.50 |  60mins session is $345.00.

All prices are correct at time of publication. However we reserve the right to alter prices for any reason without notice.

Payment is requested 48hrs before session. This avoids no shows, and abrupt cancellations that a cost and major inconvenience to the photographer. By receiving the payment in advance is secures your booking, showing your commitment to the photographers time and effort to commute to your location. Additionally, if anything changes within the time, its give us time to make change or rebook the time slot.

Note: Exchange rate does not apply to U.S digital payment apps - VENMO, Zelle U.S bank transfers, ApplePay. Please consider using one of these payments to save on fees.  VENMO payments are personal payments only. If you wish to "PAY FOR SERVICE" you will pay
$217.50 & $345.00 for the 30 min. & 60 min. session which covers service fees!

Question 4

IMAGE DELIVERY

Accepted Answer

All images are delivered via an online cloud based link. Images are delivered in high resolution 300dpi JPEG format, average 5MB in size per image. You can use any photo checker tool on google to check resolution. Photographers do not send RAW or unedited images.

Depending on the session and amount of photos taken, the photographer may offer this service for a fee, this is the sole discretion of the photographer. Photographer select all viable images from the session and sends in a cloud based link. Note if there is an image you took and don't see it may be that image may have had an issue and photographer discarded.

(viable images - photo that has been properly shot, with good quality lighting, none busy background and require very little to no photo manipulation.)

Question 5

OUR ONLINE GALLERY

Accepted Answer

Your photos from your Vacation Photo Session will be posted to our online gallery and digital product store.

Your gallery will include ALL possible images from your session all photos include editing. There are NO other photos.

30min Session includes = 30 High-Resolution image downloads
60min Session includes = 40 High-Resolution image downloads

Your photographer regularly completes and uploads double that amount or more.  (avg. 60 - 150+)

You can select only the amount of images that are included in your session for download immediately and the additional images can be purchased for just $1.50 each or the entire gallery at a discount using VENMO.

We cannot predict how many image your session may yield, as this depend on the session, location, photographer etc. so there's never a set amount of images you will receive in your gallery.

Multiple persons can log in and view images, but your gallery will be set to a download limit. This means if your session included 30 images, then you gallery is set to 30 images download 
person 1 download 10 
and person 2 downloads 10, 
there will only be 10 left for download for a total of 30 images. Additional images will have to be purchased.

On our new gallery and store you can purchase photo products Prints, Canvas, Albums, Cards etc.

The gallery is valid for 14 days ONLY for you to make your selection.  Once you download your included 30 or 40 images, the link will only be available for an additional 5 days.

If you fail to download your photos and the gallery expires there will be a $95.00 fee to repost your gallery for 3 days only.  This option is only available up to 30 days. (Why?  - We use a 3rd party website to post your images, and have to pay each time we post your gallery.)

Question 6

TURN-AROUND TIME

Accepted Answer

Turnaround time for photos 5 - 10 business days (estimate only), and does not include weekends and local holidays. Busy season turnaround time will vary 15+ business days, PLEASE BE PATIENT. Processing of images does not begin until AFTER payment is received/cleared. Please contact by email, NOT the photographer for updates on your images to avoid inaccurate information and timelines. Do not contact us before eight (8) business days if you have not received your photos, trying to rush the process will only frustrate the process.

Each session varies by time, location and season in which session is booked. We service up to 70+ bookings per week at different locations, resorts, beaches, boats, out islands etc. WHY 5 - 10 BUSINESS DAYS or longer? This is our best estimate only. Photographers do their best to stick to this time frame, however, during extremely busy periods photographers shoot 30 - 60 sessions per week, 100 - 500 images per session. It takes time to sort, edit and upload and is done on a shoot date basis.

Therefore, if your session is today, bear in mind the photographer may have other sessions same day, as well as days or a week prior to complete before he gets to your photos.  Additionally  'life happens' things that are outside of regular control (car accidents, health conditions, under the weather days, exhaustion & other unforeseen emergencies etc.). Due to the aforementioned processing time frame may be extended, but you WILL get your photos.

We ask for patience over frustration, while we appreciate your business, you are not our only client but as a small family business we do our best to keep up with services. During busy season turnaround time can be up to 25 business days.  ​TIPS: As a culture “Tips” for “Good Service” are always welcomed. However tips to your photographer does NOT jump ahead of the process or guarantees you any preferred treatment. Tips are a sign of your appreciation for the photographers service to you you session. Note: Processing of images does not begin until AFTER payment is received. Photos are deleted 3 weeks after session if not paid for.

Question 7

RECEIVING IMAGES / SHOT REQUESTS

Accepted Answer

As our session time states, the amount of photos is only an average example 30 mins yields and average of 30 photos. Due to the unpredictable and uncontrollable nature of weather,  kids & family, light flares, bugs, debris and unforeseen circumstances of life happening, the photographer can make NO guarantees regarding the delivery of any specific photograph, although the photographer will make every reasonable effort to meet the desires of the client. The photographer shall not be held liable or responsible for any persons present at the session who are not cooperative, resulting in a failed image or an unsatisfactory image to the client.

While photographer has access to shoot on all resort locations, this access comes with some restrictions which include guest privacy, restricted locations, times etc. This is beyond our control.

Additionally, random uncontrollable effects like photo flares, and small insects, and material in the air that can contaminate a photo capture are out of the photographer's control. Despite having conversations with the photographer about getting ALL photos from your session, this is just not practical and most times doesn't happen.

While your session experience with your photographer is personal and exciting, please understand you are NOT the only client that photographer has or shot that day.  The photographer shoots 3 - 7 sessions daily and during busy season this can be back-to-back days with an average of 5 persons per session. With that said, communication with the photographer during your session about a specific quirk, edit, removal etc., can get lost during the editing stage.  This is why all possible images are uploaded to your gallery for you to review and choose. If there's a specific image with a cup, towel, bird, person or object in the background of a photo that you may have mentioned to the photographer during your photo session that was missed, simply send an email as a reminder; photographer won't remember ever request from every session after shooting multiple times and daily workflows.

Wind & Light - Weather is very unpredictable, and can affect photos outside the photographer's control.  We cannot control wind speed, movement, when it starts or stop etc. The photographer does the best with the conditions presented on the day of the session. Lighting is essential to how the photographer captures images, Photographers focus on capturing the best natural light, some preferred locations may not be ideal for capturing your photos.  Some light may be too bright for some clients, the photographer will adjust client position during session to accommodate and give relief.  Photographer cannot guarantee clients will not have photos with squinting and other facial expressions, this is why the client receives ALL possible photos so they can choose the 30 - 40 images they want.

Also, your session includes basic editing only.

Please see our policy on editing vs retouching here https://www.bahamasvacationphotography.com//s/f/editing-retouching

Question 8

BEST TIME TO SHOOT?

Accepted Answer

When booking a portrait session we are always asked, “what's the best time to take our photos?” A lot of people have heard,  or worked with a photographer in another location who says that you should shoot at sunset, some have heard that a cloudy day is best. Our advice is to trust the photographer's experience in the location you want to shoot here's why....
 
We are a 'natural light' photography company, which means we don't use flash equipment when shooting your vacation photos. 
 
Your photographer is the one who has to shoot, and edit photos you are paying for, also that photographer knows and understands lighting in the location here in the Bahamas. If you are traveling for your photos, then that photographer knows the location better than any others as well. They know where and when the light is good, what direction to place you for the best shots etc. What you may have heard or read on the internet doesn't stand up to 20+ years of photography experience here in the Bahamas.

So whether the recommendation is 10, 11, 5, 5:30.... Trust that the photographer will create the beautiful images for you that you see in the our sample gallery.

Read more on this here...  https://www.bahamasvacationphotography.com/lighting(https://www.bahamasvacationphotography.com/lighting)

Question 9

SHOOTING ON LOCATION

Accepted Answer

All photography services are provided "On Location" where the client is staying. For clients staying at an AirBNB or cruise ship, the photographer suggests and selects the nearest, scenic and best shoot location.

Our policy is not to have clients travel further than they have to, or leave their hotels property which usually provides best shooting opportunities.  We communicate directly to clients to save time, the photographer will tell you where to meet location and time. We do not speak to concierge or front desk on your behalf as most properties don't allow ANY questions about guest from freelance photographers.

Photographers are granted access to resorts/hotel properties based on rules and agreements, which they have to follow to keep that access to perform their jobs. Some of the rules include guest privacy (who are not clients), not shooting restricted areas, not shooting when hotel events are happening, not inconveniencing other guests while shooting. So while you may want to shoot ALL over the resort, photographers have to limit and be selective. Additionally, with the bigger resorts like Bahamar and Atlantis, locations can be 15 - 18 mins walk, which drastically cut into your shoot time, So, the photographer needs to take this into account to accommodate your gallery options and the next booked client.  So it's advised that you state before the booking where you want to shoot, green space,  and photos by the beach/water are not side by side. If not advised, the standard vacation session is set/planned around the beach/water.

NOTE: We do not own, control, or have any authority over access to the property you may be staying on the location selected. We cannot and will not be held responsible for any delays in start time due to security access, unreasonable guests (not in your party), property personnel etc. this is out of our control; only you as the guest of that location, can address this.

Question 10

OFFICE HOURS

Accepted Answer

As we are NOT a 24hr, 7 days per week office business, contact through phone and email will be delayed after posted office hours. Additionally, as a small business we are often overwhelmed with high volumes of emails and calls that may go unanswered. However, email or phone calls not answered during this time, does not reflect or affect any bookings, and will be replied to next business day.

If you have a booking outside of office ours the photographer will reach out to you direct through the mobile number you have booked with. All email responses and voicemails to the office will be replied to by next business day.

Again, If you have a booking that falls morning of next business day, but outside of business hours, be patient the photographer will reach out directly morning of session.

Question 11

COMMUNICATIONS

Accepted Answer

All communications are through email. Pre-booking communication is done by email . We do not respond to request to call clients "discuss bookings". All pre-booking questions and answers can be found on the website, any additional information please email info@digital-kafe.com.(info@digital-kafe.com)   After you book photographer will contact direct via phone call or text. Be sure the the contact number in your booking confirmation is correct.  Photographer will contact you via Text, iMessage, Whatapps or Direct Phone call.

We communicate directly to clients to save time, the photographer will tell you where to meet location and time. We do not speak to concierge or front desk unless the hotel books us directly for a client. (Also most properties don't allow ANY questions about guest from freelance photographers.)  This also saves time as the front desk and concierge locations are normal 10 - 20mins walk from shoot locations. And the photographers normally have back to back sessions. This is why the photographer will let you know when and where to meet so you get more time from your session.

Meeting Location & Shoot Time
Once payment is confirmed, the photographer will reach out via mobile call/text/iMessage/WhatsApp approximately 30mins before the session once on location or headed to the location and will let you know where to meet, start and finish your session. We do not give the photographer contacts; he contacts you when he is able to.  The photographer shoot back to back session, with little time to move between locations and time spent trying to contact and discuss location with each client is time consuming.

(just think hoe you would feel if your photographer stops and take time out your session to contact another client while you are waiting. That wont be fair to you. would it?)

NOTE: While we do our best to get to locations ahead of time, we do NOT own, control,
or have any authority over access to the property you may be staying on the location selected. We cannot and will not be held responsible for any delays in start time due to security access, unreasonable guests (not in your party), property personnel etc. this is out of our control.

Question 12

SHOOTING (Booking) HOURS

Accepted Answer

As with our office hours, photographers do NOT shoot sessions 24hrs, 7 days per week. Shooting/booking hours and office hours are different.  Office hours are contact related to bookings, gallery access etc.  Shooting/Booking hours are specific to photographers' shooting times on calendar.

Shooting hours are based on lighting and in some instances property access at resort locations.

Shooting hours for beach/outdoor on location sessions are: 
Monday - Saturday | 9:30am - 6:30pm (season dependent) 
Sunday | 9:30am - 12:00pm (may vary based on photographers availability)

The photographer will reach out to you direct through the mobile number you have booked with. If you have a booking that falls morning of next business day,  outside of business hours, be patient the photographer will reach out directly 30 - 60mins before your session not sooner.

See booking confirmation form for additional information.

Question 13

SHOOTING TIME/ADDITIONS

Accepted Answer

The photography schedule shooting times are designed to accomplish the goals and wishes of the client. Client and the photographer agree that cooperation, communication, and punctuality are therefore essential to that purpose. If client or any member of their party of the planned portrait session is late or absent, the photographer shall not be held liable for not photographing said individual(s), or for time loss as a result.

In the case of the photographer being late, the time will be added to satisfy the scheduled booking.

While the photographer tries to be understanding and flexible when it comes to wrangling family, he also has back to back session scheduled regularly so please be mindful of this on day of session.

All sessions are "Up to" meaning that the session may last up to the booked session time (30min/60mins), not always exact. As Digital Kafe Photography does not limit the number of images for clients, we try to shoot as many images within the allotted time without being repetitive. This may result in time being longer or shorter, but it does not affect the number of images. Photographers shoot very efficiently and does not do 'idle time', so once he has completed the maximum amount of photo combinations possible, he has completed the session and is in no way obligated to stay if completed earlier than the booking time. (For example, a 30min session might end in 25 minutes or a 60mins session might end in 50 minutes. ) If this is a problem for you, DO NOT BOOK. Shooting the same photos over and over won't get you more images but rather only delay the time it takes to get your images back to you.

Trust the recommendations on time shooting, we have over 20 years expreince in doing this.

Any additional time added on the day of the session will incur a cost that must be paid before photos are sent. 30mins additions $100. This is only of extension is possible.

Question 14

BOOKINGS  (How It works)

Accepted Answer

In a world of "instant everything," we've chosen to do things a little differently. We don’t use fully automated booking because webelieve your photography experience should begin with a person, not a program.

It all starts when you reach out. Whether you have a clear vision or just a vague idea. We personally review every request to ensure that our  style and your request are a perfect match.

Unlike an automated system that accepts every booking blindly, we personally approve each session.  Why? As we do not own any resort, hotel, Airbnb you may be staying at, we always have to make sure and in some cases consult any latest property access changes, requirement or restrictions before we can confirm a booking.

Once we receive your inquiry, we check the calendar and the details you’ve shared. Once the location and time are a good fit, we send the plain-English service policy agreement for you to review and sign. This ensures that you the client understands how are services work before, during and after the session.

We only take on a limited number of clients each month. the allows the photographers full attention, and a tailored experience that you simply can’t get from an automated button.

You are only booked when you received a confirmation email. A date or time being available during your inquiry does not guarantee you are booked for the slot.

All bookings and communications are done through email, we don't call clients to discuss sessions, all communication is preferred in writing as a policy. Only if you have a booking the photographer will contact on location to meet.

Please note office hours, we are NOT a 24hr business.  Any communication outside of office and holidays will be replied to next business day.  This includes website, email and social media communications.  If you have a booking that falls morning of next business day, photographer will reach out directly morning of session.  
For any changes or adjustments to your booking (location, time, contact numbers etc.) please contact by email, once booked photographer works of information on the booking confirmation you provided. 
​
Once you are confirmed your booking DOES NOT change unless you send or receive an email stating a change. No need for emails to “Confirm Today, Tomorrow morning, this Evenings booking etc” with the vast amount of daily emails these messages are often ignored. Same day bookings cannot be changed or rescheduled unless you spoke to the photographer, this includes weather related rescheduling.

Question 15

BOOKING CONFIRMATION AGREEMENT

Accepted Answer

You are only booked when you received a confirmation email.  You must complete the booking confirmation aggreement for before receiving a confirmation email.

Confirmation email will include additional shoot day information: Communication with photographer, Where and When to meet etc.

NOTE: 
On-Location Discussions Do Not to Supersede Agreement
Notwithstanding any verbal communication that may take place between the Photographer and the Client at the time of the photo session or on location, such discussions shall not alter, amend, or supersede the terms, policies, and conditions set forth in this Agreement and the accompanying Terms of Service. All policies and terms contained herein shall remain in full force and effect unless expressly modified in a written amendment signed by both parties. Any instructions, suggestions, or agreements made on location that conflict with the terms of this Agreement shall be deemed null and void.

Question 16

USER/CLIENT CONDUCT

Accepted Answer

You agree not to use our services for any unlawful, deceitful purpose or in any way that violates these Terms and Conditions. You also agree not to:
-Harass, abuse, bully, harm staff or other clients  (this includes fake negative reviews online and social media)
-Violate the rights of third parties
-Interfere with or disrupt the operation of our services
-Use our services for commercial solicitation without our prior written consent
-File/Open Dispute with payment provider/card issuer without contacting us to resolve issues

Question 17

PAYMENT FOR SERVICES

Accepted Answer

All payments for services are provided either before the date of service, or on date of service up to 8hrs before session booking time. If there is a payment issue contact ASAP to resolve it. We don't accept deposits, payment is in full only. Images will not be processed or edited until full payment has been made.

Digital Kafe Photography allows for a maximum of 7 days for storing images before they are deleted due to lack of payment. No exceptions. If photos are deleted and need to be restored (if possible) from archived backup this will be an additional fee of $125.00.

Question 18

AFTER SESSION COMMUNICATIONS

Accepted Answer

After your session, any updates on your photos should be done through the email you received your booking confirmation. Photographers will not respond to messages/calls as per policy, as they may have multiple bookings and the only focus are the photo sessions for that day, like it was for your sessions.

So please do not take it personal if you do not receive a reply from the photographer. This is a business and there are many clients per week. All communications are done through email in writing as a policy.

Please do not contact the photographer after your session looking photos, gallery adjustments, edits, retouching etc. They will not be able to assist, confirm or make changes to anything that way. This is a breach of policy and contractual obligations.

Contact us through email for these issues.

Question 19

CANCELLATION

Accepted Answer

Once a client has booked a date and time, it is blocked on our calendar and unable to be changed. The photographer schedules around that booking, so cancellations become an inconvenience and loss. The client may cancel a booking at any time 48hrs  before booking date/time by giving written notice by email but in doing so shall pay a refund fee of $25.

If the client chooses to cancel their session based on weather forecast, against the advice of Digital Kafe Photography, we cannot guarantee a rescheduled booking.

Any booking cancelled will result in $25.00 rescheduling fee. For wedding deposits however, the photographer will allot up to 50% of deposit toward shoot credit for Digital Photography service (portrait or lifestyle session images only).

Note: All cancellations MUST be in writing via email.

Question 20

REFUND

Accepted Answer

All sessions are paid for before of  at the begining of  session. Due to the nature of digital photography, once digital images are sent they cannot be returned and the fact that photographers, once booked cannot use date/time chosen by clients for any other purpose. As such, Digital Kafe Photography has a strict NO REFUND POLICY.  Once a transaction has been completed (i.e., the client selected, and paid for booking/reserving a specific date/time or paid for services rendered) it is then considered non-refundable.  Refunds are not authorized by conversation/word of month, if a refund is to be given it MUST be in writing ONLY to be valid. NO EXCEPTIONS.

Refunds will NOT be given due to “not liking a photo”  etc., after the client has already received services and the images.  This includes a delay in clients getting their photos.

Refund will NOT be given if you have received and download images from the gallery.

Payment covers time on locations, skill in service, hours of selection & editing, all of which cannot be returned to the photographer.

We know regardless of listed policies we will not please everyone. However, if you wish to request a refund before you have received your photos, this may be provided -$58.00.  In the event that you did not have your session for any reason and you paid in advance a refund will be issued by request. We book and provide services to many clients daily so we wont know immediately who qualifies for a refund.

There are some reasons that the photographer may partial refund a session due to his reason (running late, equipment failure, less images in gallery than included in session fee etc.) This is solely up to the discretion of the photographer. This refund is between $25 - $75.

At session refunds - these are refunds requested based on misinformation, client not following photographers instructions or policy and information giving will be issued -$30.00, this includes the photographer running late due to unforeseen circumstances. (see more on main terms page)

Automatic Refunds - (Refunds based on cancellation before session due to emergency, weather, unforeseen circumstances.)

Payments made on this website are processed by Wix Payments.(https://www.wix.com/about/terms-of-payments) Refunds can take up to 3 - 7 business days to reach your credit card/bank account, depending on the financial institution. Refunds to Credit/Debit Card & Paypal Business carry a $25.00 processing fee this is beyond our control. Refunds are sent to the original payment method. Once we have requested the refund to your payment method we do not control any other part of this process. Refund request are processed by us within 48hrs of cancellation (business days), this does NOT include weekends and holidays.

You can read more on  Wix Payments HERE.(https://www.wix.com/about/terms-of-payments)

By accepting this booking agreement, you acknowledge and consent to ALL our terms and policies.

Unfortunately we have disingenuous clients who receive and download images then go out to there credit card company to claim a refund saying that they didn't receives the service.  So we must state that - We are not responsible if you choose not to read the terms and policies and if you are in breach we will take legal action regardless of your relationship with your credit card company and any decisions that may favor you.

Question 21

IMAGE DISPLAY

Accepted Answer

The client(s) hereby allow(s) the photographer to display any photograph captured to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.

Question 22

EDITING  & RETOUCHING

Accepted Answer

Editing (included)  - All images receive a basic D.K. style editing adjusted for exposure, brightness, contrast, sharpness, lighting, color. The photographer's judgment regarding these corrections and the number of images put forward to the client shall be deemed correct.

Retouching  (not-included) is very different this includes digital manipulation - removing blemishes, removing sweat, stains, marks, whitening teeth, smoothing skin, body slimming, removing distractions in the background, objects from images adding effects etc., This is NOT included in cost of your session so this is not automatically done images you receive but photographer tries to provide the best-edited images possible during the editing stage. Retouhcing process takes time, and this is not possible during regular turn-around time for the photographer to retouch 1000's of photos per week.

Retouching is offered as a separate paid service. Starting at $6 - 9 per photo depends on the amount of time need. Photographer will not manipulate or change appearance of individuals on photos. Retouching ONLY refers to removing blemishes, removing sweat, stains, marks, whitening teeth, smoothing skin, body slimming, removing distractions in the background, objects from images adding effects like color & lighting,

Question 23

ATTENDANCE

Accepted Answer

In the unlikely event of the assigned photographer being unable to attend your session due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your session on our behalf to undertake the photography service to his/her best ability.

NOTE: We do not own, control, or have any authority over access to the property you may be staying on the location selected. We cannot and will not be held responsible for any delays in start time due to security access, unreasonable guests (not in your party), property personnel etc. this is out of our control; only you as the guest of that location, can address this.

Question 24

LIMITATION OF LIABILITY

Accepted Answer

1. In the unlikely event of a total photographic failure or cancellation 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 services. Neither party shall be liable for indirect or consequential loss. 
2. In​ addition while we invest in professional equipment, we do not and cannot predict when there will or may be malfunctions or equipment failure. We cannot be held liable if our equipment malfunctions. We will try to reschedule your session accordingly in situations like this. 
3. We WILL NOT be held liable if the client decides, chooses or act against the photographers recommendations and or advice.

Question 25

PERSONAL ACCIDENT

Accepted Answer

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

Question 26

TRAVEL FEES

Accepted Answer

The photographer reserves the right to charge the client travel fees estimated by representatives of the photographer. Travel fees will be applied when deemed applicable, based on, but not limited to charges incurred while traveling to the client's location (such as hotel, boat transfer, airfare, rental car).  Travel fees do not apply to Nassau & Paradise Island locations.

Question 27

SAFETY

Accepted Answer

The photographer reserves the right to terminate coverage and leave the location of the EVENT(S) if the photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); if the safety of the photographer is in question. Any fee previously paid will NOT be refunded.

Question 28

FORCE MAJEURE

Accepted Answer

If the photographer cannot perform services due to a fire, casualty, strike or other civil disturbances, road closures, terrorism naturally or unnaturally occurring Acts of God, including but not limited to, rain, storms, hails, snow, earthquakes, floods, mudslide and other such causes beyond the control of the photographer.  The photographer can in no way be held responsible or liable for services that cannot be carried out as a result.

We will do our best to accommodate sessions on the next available booking date  if the client is available. If this is not possible the photographer shall return any moneys paid by the Client, less refund fee and accumulated expenses (if any), but shall have no further liability with respect to the Agreement.

Question 29

EMERGENCY, EXTENUATING, EXIGENT CIRCUMSTANCES POLICY

Accepted Answer

This Policy simply explains that although we are a small business providing a professional service, we are people too, with families, children, and lives just like you.

No amount of planning, contingencies/backup plan can be 100%. There can be unforeseen events beyond our control after booking, or same day as your booking. Unfortunately, the circumstance at hand may make it difficult or impossible to complete your booking service. This includes accidents (car, work related, etc.), weather, theft, law enforcement roadblocks, other medical emergencies, or death (personal, family related etc.).

Changes to property access or requirements. Unexpected changes resort/hotel access property can change at any time without our knowledge and may restrict the photographer from being able to complete your booking. 
Declared emergencies and epidemics. Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. 
Government in country travel restrictions. Restrictions imposed by a governmental agency that prevent or prohibit movement on the streets during a particular time/date.

We will refund or reschedule you session which ever is applicable.

Question 30

THREATS AND VIOLENCE POLICY

Accepted Answer

We are NOT to blame if you decided not to read our policies and understand our procedures prior to booking. Our policy is to strive to maintain good communication and customer service, and a work environment free from intimidation, threats, or violent acts.  These policy also protects us and our photographer from disingenuous clients who create narratives in the pursuit of refunds and social media bullying.

Any email or phone call in which a client mentions any words or statement of accusations of fraud, theft , reporting to the police, local authorities, requestiing refunds via the credit card company or bank etc. especially if our information and records can clearly refute claims will be perceived as threats. This includes, but is not limited to, intimidating, threatening or hostile behaviors, cyber bullying, false/bad reviews on our social media channels, website and google or any other act, in addition to bizarre or offensive comments which, in management’s opinion, is inappropriate or unnecessary.  This does not affect us or our business.

With over 25+ years in business, more that 1 million+ photos taken, and completion rate of 98.8% we've seen and heard it all, and this attitude and behaviour will not get you the desired results you seek. We are a small family business and realize we will not and can not please everyone, but we also stand by our policies and services and will not tolerate or fold to this type of behaviour.

While you a free to contact you financial institusion, legal action or say what you want including using social media and the internet for your bad reviews, any emails or other communications that threatens bad reviews etc., will be ignored and automatically terminate any further services or resolution with us.

Question 31

HOUSE RULES

Accepted Answer

The photographer is limited by the guidelines of the venue and event officials and/or management. 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.

Question 32

COPYRIGHT

Accepted Answer

Under the Terms Copyright Act, in the Commonwealth of the Bahamas copyright, US copyright law, primarily found in Title 17 of the U.S. Code,  and international intellectual property copyright laws, ALL photographs taken by Digital Kafe Photography remains the sole property of Digital Kafe Photography.

By accepting these Terms and Conditions the client hereby gives permission to Digital Kafe Photography to use all images and reproductions on the Business websites and for displays, samples, self-promotional advertising and photographic competitions.

The client may print photographs taken under this contract. Client is not allowed to alter, change, disfigure crop, or ruin in any way photographs taken by this contract. Any of such is to be requested by client to Digital Kafe Photography. All rights including copyright and reproduction rights relating to work, images (whether electronic or otherwise), ownership of goods and services which are photographed, taken, produced or supplied by Digital Kafe Photography.

NOTE:  Clients who violate the DCP, are automatically restricted from the above permission. 
See more here  https://www.bahamasvacationphotography.com//s/f/disingenuous-client

Question 33

LIMITATIONS OF COPYRIGHTS

Accepted Answer

• The client must obtain written permission from the photographer prior to the client or their friends and relatives publishing the photographs.
 • 
Digital files may be used by the client for personal, non-commercial use and for the purposes of the reproduction and giving of photographs to friends or relatives. 
 • ​ The client may NOT edit photographs in any way, including by not limited to changes in color, contrast or cropping. If further editing of the images beyond what the photographer has delivered is desired by the client, it is the client’s responsibility to contact the photographer and request any re-edits. Charges for re-edits may be applied at the photographer's discretion. 
 • ​Photographs taken by the photographer may not be sold or reproduced with the intention of profit by the client.

Question 34

AGREEMENT NON-SUPERSESSION CLAUSE

Accepted Answer

Clause regarding on-location verbal discussions
On-Location Verbal Discussions Not to Supersede Agreement

Notwithstanding any verbal communication that may take place between the Photographer and the Client at the time of the photo session or on location, such discussions shall not alter, amend, or supersede the terms, policies, and conditions set forth in this Agreement and the accompanying Terms of Service. All policies and terms contained herein shall remain in full force and effect unless expressly modified in a written amendment signed by both parties. Any instructions, suggestions, or agreements made on location that conflict with the terms of this Agreement shall be deemed null and void.

By accepting our booking agreement, you acknowledge and consent to ALL our terms and policies.

We are not responsible if you choose not to read the terms and policies and if you are in breach we will take legal action regardless of your relationship with your credit card company and any decisions that may favor you.

Unfortunately we have disingenuous clients who receive and download images then go out to there credit card company to claim a refund saying that they didn't receives the service.  So we must state that:

Question 35

DISINGENUOUS CLIENT POLICY (DCP)

Accepted Answer

As a small business in a small country, we will not bullied and taken advantage of by disingenuous clients. We always do our best to work will all clients concerns and issues, however we have found that some clients are simply bad actors.

This policy applies to all clients or their representatives who attempt or are misleading, incomplete, or provide false information, or otherwise acts in bad faith to defund or received a refund from their card processing company. It covers all forms of communication, including but not limited to email, phone calls, meetings, and written correspondence.

Any client who have downloaded and receive their images, therein after files a dispute with there credit card/payment processing services to receive a refund based on any breach of our terms an policy to include false information and bad faith acts, are immediately forbidden to display on any social media, IOT platform and or print in any form of our copyright images taking by us and download from our cloud based gallery under the sign agreement. NO EXCEPTIONS.

We deserve the right Under the Terms of the Copyright Act, in the Commonwealth of the Bahamas copyright, US copyright law, primarily found in Title 17 of the U.S. Code, and international intellectual property copyright laws ALL photographs taken by Digital Kafe Photography remains the sole property of Digital Kafe Photography.

Under these laws we will file suits and take further legal action regardless of the cost.