TERMS & POLICIES

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AGREEMENT

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.

 

PRICES
All prices indicated on this and all  Digital Kafe Photography websites are expressed in US dollars (USD$). The prices charged 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 plus applicable tax of 6.7%. This applies to Credit Card payments. All prices are correct at time of publication. However we reserve the right to alter prices for any reason without notice. Note exchange rate does not apply to U.S digital payment apps - VENMO, PayPal, Zelle U.S bank transfers, ApplePay.

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IMAGE DELIVERY 

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.)

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TURN-AROUND TIME (have patience)

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? 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.  ​Note: Processing of images does not begin until AFTER payment is received. Photos are deleted 3 weeks after session if not paid for. 

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RECEIVING PHOTOS - SPECIFIC IMAGE / SHOT REQUESTS 

As our session time states the amount of photos is only an average example 30mins 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 session who are not co-operative resulting in a failed image or unsatisfactory image to the client. Additionally random uncontrollable effects like photo flares, and small insects, material in the air that can contaminate a photo capture are out of the photographers 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. 

 

After your photos are sent. Images are purged average 7 days.  After this time there's no guarantee any additional photos will be available.

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You have 7 days to put in a request for additional photos the photographer may or may not have. This is done by email and need to specifically ask a question or a request to the photographer. Please do not send and email making a statement. The photo assistant trying to help was NOT on the shoot with you nor do they know of any discussions with you the client and the photographer. The photographer shoots hundreds of photos daily and work with 30+ clients a week. Not everything will be retained. Photographers focus only on sending the 30 images from your session.

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We recommend a simple email request to have the photographer check on a photo or 2 you may be looking for. Please save the long emails, rants, description of that day, your past experience, you background in photography business etc. Keep it simple, so you can quick action your request.

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SERVICES 

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. 

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OFFICE HOURS

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.

Office Hours are: 

Monday | 9:00am - 1:00pm

Tuesday - Friday | 9:00am - 5:30pm

Saturday | 9:30am - 12:00pm

Sunday  | Closed

Local Holidays | Closed

 

If you have a booking the photographer will make an effort to reach 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. 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. 

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SHOOTING HOURS

As with our office hours, photographers do NOT shoot sessions 24hrs, 7 days per week. 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 

Sunday | 9:30am - 12:00pm (may vary based on photographers availability) 

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BOOKINGS 

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. Once all information is received, accepted and confirmed, you will received a booking confirmation email, with all booking details. As we do not own any resort, hotel, Airbnb you may be staying at, we always have to consult any latest property access changes, requirement or restrictions before we can confirm a booking. This may take up to 2 days to confirm or reply to your request so please be patient. 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. 

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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. 

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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. 

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PAYMENT FOR SERVICES 

All payments for services are provided either before date of service, or on date of service directly with photographer. Images will not be sent until full payment has been made. Digital Kafe Photography allows for a maximum of 96hrs or 4 days for storing images before they are deleted due to lack of payment.

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AFTER SESSION COMMUNICATIONS 

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. This is to avoid losing time looking through communications, checking to see where the session is in the queue etc. This is the responsibility of the photographer's assistant and booking manager who replies to emails. So please do not take it personal if you do not receive a reply from the photographer. All communications are done through email, we don't call clients, all communication is preferred in writing as a policy. Only if you have a booking the photographer will contact on location to meet. 

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LOCATION

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. 

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CANCELLATION 

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 up to 24hrs hours before booking date/time by giving written notice by email but in doing so shall forfeit any fees paid. 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 within 24hrs / same day 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. 

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REFUND

All sessions are paid for at the 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 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. 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 -$25.

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DISPLAY 

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. 

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RETOUCHING & EDITING 

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 is very different this includes digital manipulation - removing blemishes, brightening teeth, smoothing skin, body slimming, removing distractions in the background and adding “simple” effects etc., this is NOT included in images you receive but photographers try to provide best edited images possible. Retouching is offered as a separate paid service.

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ATTENDANCE 

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. 

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LIMITATION OF LIABILITY 

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.

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PERSONAL ACCIDENT 

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. 

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PRE-SHOOT CONSULTATION 

Digital Kafe Photography will provide brief pre-shoot consultation if required (by email  or phone)  before the shoot date in order to finalize the actual shooting times, locations and client's special request.

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SHOOTING TIME/ADDITIONS 

The photography schedule shooting time 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 scheduled booking.  All sessions are stated at "Up to" meaning that session may last up to agreed time, not always exact. As Digital Kafe Photography does not limit the amount of images clients receive, we try to shoot as many images within the allotted time without being repetitious.  This may result in time being longer or slightly shorter, but does not affect the amount of images received, once the photographer has chosen and edited.

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TRAVEL FEES 

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). 

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FORCE MAJEURE(Acts of God/Nature)
In the event naturally or unnaturally occurring “Acts of God” conditions, due to the same, the photographer can in no way be held responsible for services that cannot be carried out as a result. This includes rain, storms, hails, snow, earthquakes, floods, mudslide and other such acts. 

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EMERGENCY, EXTENUATING, EXIGENT CIRCUMSTANCES POLICY

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.

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THREATS AND VIOLENCE POLICY 

We are NOT to blame it you decided not to read our policies and understand our procedures prior to booking, or if your are not patient enough after receiving our services. Our policy is to strive to maintain good communication and customer service, and a work environment free from intimidation, threats, or violent acts. 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.  With over 20 years in business, more that 1 million photos taken, and completion rate of 98.7% 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 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.  

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HOUSE RULES 

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. 

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COPYRIGHT 

Under the Terms Copyright Act, in the Commonwealth of the Bahamas copyright, 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. 

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LIMITATIONS OF COPYRIGHTS: 

●  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. 

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● 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. 

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● Photographs taken by the photographer may not be sold or reproduced with the intention of profit by the client. 

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SAFETY 

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.

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