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Digital Kafe Photography — Booking Agreement, Terms & Policies We are not responsible if you choose not to read the terms and policies. 1. Acceptance of Terms & Policies By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not access or use our services. 2. Description of 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 (1 Gallery) 60min Session includes = 40 High-Resolution image downloads (1 Gallery) Some larger groups and families may choose to purchase a 60-minute session to save on costs. While this time slot can accommodate multiple individuals or family groups, it is still considered a single booking which means one gallery. If you are booking for multiple families/groups in 1 x 60min session this means only 1 gallery and 40 downloads. If you want separate galleries and with downloads for each group or family you have to book 2 x 30min sessions that can be done at the same time/back to back. This 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 3. Price & Costs All prices indicated on this and all Digital Kafe Photography websites are expressed in US dollars (USD$). Full payment is to be made no later than 48hrs before your session date to secure your booking. Digital payments for services preferred: Venmo, PayPal, Credit/Debit or Zelle & US Bank transfer (no fees). 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 plus applicable tax up to 6.7%. As of Summer 2023 card payments for a 30mins session is $221.50 | 60mins session is $345.00. VENMO & PayPal payments are sent as personal (friends/family) payments only, to avoid fees. If you wish to "PAY FOR SERVICE" you will pay related fees $217.50 & $345.00 for the 30 min. & 60 min. session which covers service fees! Do not make payment until you are sure that there will be no changes or cancellation. If there is a payment issue, contact ASAP to resolve it. We do not accept deposits; payment is in full only. Digital Kafe Photography allows for a maximum of 7 days for storing images before they are deleted. 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. 4. User/Client Conduct 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 5. 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. 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 or 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. 6. Intellectual Property All content and materials available on our services, including but not limited to text, graphics, logos and images are the property of Digital Kafe Photography or its licensors and are protected by copyright, trademark, and other intellectual property laws. 7. Limitation of Liability To the fullest extent permitted by law, Digital Kafe Photography shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our services. 8. Indemnification You agree to indemnify and hold Digital Kafe Photography, its affiliates, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses arising out of or in any way connected with your use of our services. 9. Governing Law These Terms and Conditions shall be governed by and construed in accordance with the laws of The Commonwealth of the Bahamas, without regard to its conflict of law provisions. 10. Cancellation & Refunds Clients may cancel a booking at any time 48hrs before the booking date/time by giving written notice by email, but in doing so, shall pay a refund processing fee of $25 (no exceptions). Same-day cancellation (includes email communication/contact outside office business hours, Sundays and Holidays) will result in a 40% return of payment fee. (30mins = $84 | 60mins = $114) NO Refunds after services for any reason. This includes if the client cancels because "they" don't like the weather (too bright, windy, cloudy, etc.) or "No one replied to my email" after client receives confirmation. NO REFUND will be given if you fail to read and follow information in this document. NO REFUND will be given if you fail to read and follow the confirmation email information and instructions. Refund will NOT be given if you have received and download images from the gallery. Read more on refund policy here: https://www.bahamasvacationphotography.com//s/f/refund-72855 11. Turnaround Time 5 - 10 business days (estimate only), 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 us by email, DO NOT contact the photographer for updates on your images to avoid inaccurate information and timelines. 12. Communications All communications are through email. Due to the vast number of requests, we are unable to respond to requests to call clients to "discuss bookings". All pre-booking questions and answers can be found on our website, www.bahamasvacationphotography.com. For any additional information please email info@digital-kafe.com. Once your booking is confirmed, the photographer will reach out on day of booking ONLY, 30 - 60mins before time of booking. 13. Received Images/Shot Request As our session time states, the amount of photos is only an average, example 30 mins yields an average of 30 photos. Due to the unpredictable and uncontrollable nature of weather, kids, kids & family, light flares, bugs, debris and unforeseen circumstances of life happening, the photographer can make NO guarantees regarding the delivery of any specific photo. 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. Read more here https://www.bahamasvacationphotography.com//s/f/receiving-images 14. Shooting On-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. 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. While you may want to shoot at various locations throughout the resort, photographers have to limit and be selective. Additionally, with the bigger resorts like Baha Mar and Atlantis, locations can be 15 - 18 mins walk, which drastically cut into your shoot time. The photographer needs to take this into account to accommodate your gallery options and the next booked client. It is advised that you state before the booking where you want to shoot, as green spaces 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. Read more here https://www.bahamasvacationphotography.com//s/f/shooting-on-location NOTE: We do not own, control, or have any authority over access to the property you may be staying or 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. 15. Shooting Times & Additions 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. All sessions are "up to" meaning that the session may last up to the booked session time (30mins/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. Our 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 will not get you more images but rather only delay the time it takes to get your images back to you. 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 if extension is possible. 16. Force Majeure 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. This DOES NOT include if the client cancels because "they" don't like the weather (too bright, windy, cloudy, etc). 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. 17. Confirmed Booking On the completion and signing of this form you are confirmed. Once confirmed, your booking DOES NOT change unless you (the client) send or receive an email stating specifically to cancel or the session has been cancelled. No need for emails to "reconfirm" "confirm today" "confirm tomorrow morning" etc. Same-day bookings cannot be changed or rescheduled unless client speak directly to the photographer, this includes weather-related rescheduling. If you have a confirmed booking that falls on the morning of the next business day, (e.g. Monday morning) the photographer will reach out directly to you the morning of the session. There's no communication outside of office hours for booking changes. For any changes or adjustments to your booking please contact us by email, once booked, the photographer works off the information in this booking. 18. Agreement Non-Supersession Clause On-Location 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. 19. Disingenuous Client Policy As a small business in a small country, we will not be bullied and taken advantage of by disingenuous clients. We always do our best to address 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, incompliant, or provide false information, or otherwise acts in bad faith to defund or receive 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 received their images, therein after files a dispute with their 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 our copyright images, taken by us and downloaded from our cloud based gallery under the signed agreement. NO EXCEPTIONS. We reserve 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. By accepting this booking agreement, you acknowledge and consent to ALL of our terms and policies, which are available here: https://www.bahamasvacationphotography.com/terms. We are not responsible if you choose not to read the terms and policies. This is NOT a final confirmation. This form will be reviewed and a "CONFIRMATION EMAIL" will be sent which locks in your booking.