TERMS & POLICIES
TERMS & POLICIES
Please read these Terms and Policies (“Agreement”) carefully before using (“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.
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.
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 4%. (Services Fee + 4%). 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, CashApp, Zelle U.S bank transfers, ApplePay.
All photography services are provided by Digital Kafe Photography, a fully licensed photography company based in Nassau, Bahamas. Booking and payment invoice and receipts will reflect this.
PAYMENT FOR SERVICES
All payments for services are provided either before date of services, or on date of services directly with photographer. Images will not be sent until full payment has been made. Digital Kafe Photography allows for a maximum of 72hrs or 3 days for storing images before they are delete to lack of payment due to technical issues when attempting payment.
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.
The client may cancel a booking at any time by giving written notice by email to the photographer/s but in doing so shall forfeit any fees paid. 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.
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. Payment covers time on locations, skill in service, hours of selection & editing, all of which cannot be returned to the photographer.
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.
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, removing distractions in the background and adding “simple” effects etc., this is not included in all images you receive but photographers try to provide best edited images possible.
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.
LIMITATION OF LIABILITY
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.
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.
Digital Kafe Photography will provide brief pre-shoot consultation ( email or phone) before the shoot date in order to finalize the actual shooting times, locations and client's special request.
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 doesn't affect the amount of images received, once the photographer has chosen and edited.
IMAGE / SHOT REQUESTS
Due to the unpredictable and uncontrollable nature of weather and kids & family, 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 is not co-operative resulting in a failed image or unsatisfactory image to the client.
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).
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.
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.
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 web sites 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.
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.
● 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.
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.