T&C

These Terms & Conditions are also bound to the Client’s guest/family or attendee’s during the photo shoot and that it is the client’s responsibility to educate or distribute said Terms & Conditions to all Person(s) involved in the photo session.

1. Booking:

A 50% non-refundable deposit is due at the time of booking a photo shoot to secure the date. The remaining balance after the photo shoot.

Photo shoots, should be booked in advance for preparation time, availability and quality assurance.

2. Cancellation and Rescheduling:

The client may cancel or reschedule the session by providing a minimum of Three (3) days notice before the photo shoot.

In the event of inclement weather, the photographer and the client will work together to reschedule the session at a mutually convenient time.

3. Travel & Expenses:

Travel expenses is applicable, such as transportation and accommodation, will be covered by the client.

4. Location:

The client is responsible for selecting the outdoor location(s) for the photo shoot. Any location fee or permits are the client’s responsibility.

The photographer may recommend a location if the client is unable.

5. Delivery Timeframe:

The photographer will deliver the digital edited images within a minimum of Three(3) days of the photo shoot for ample editing time.

Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view.

6. Client Cooperation:

The client should keep time during date and time scheduled for the photo shoot (DO NOT BE LATE!)

The client agrees to cooperate during the photo shoot to ensure the success of the session.

7. Liability:

The client is responsible for supervising children during sessions. Any damage that may occur to the photographer’s equipment during the photo shoot, the client is responsible if caused by unsupervised or playful children, the client or his/her friends or family.

8. Original Files:

To maintain the integrity of our work and ensure consistency in our artistic vision, we do NOT share RAW files under any circumstances whatsoever. All RAW files are the intellectual property of Empix Photography and remain so after the delivery of final images.

9. Photo Cooperation:

In the event that the family/guests are taking photos, the photographer is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behavior from guests. The photographer is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.

10. Safety Priority:

The safety of our clients, team, and equipment is our top priority. Photography sessions will be paused or rescheduled if weather conditions are unsafe or may damage equipment.

11. Use of Client Likeness:

Consent for Public Display: By engaging in our photography services, you agree that we may use photographs from the session for promotional purposes, including but not limited to our website, social media channels, portfolio, and marketing materials, without seeking further explicit permission.

Client’s Rights: We respect your privacy and will never use any photographs in a manner that is deemed inappropriate or sensitive. However, please note that photographs shared publicly may be accessible to a wide audience.

Opt-Out Option: If you prefer not to have your photographs used for promotional purposes, please inform us in writing (in the form of email) before or during the photography session and not after a week. We will respect your decision and ensure that your images are not used for public display.

Third-Party Usage: While we take precautions to protect your privacy, we cannot control the actions of third parties who may share or repost our work. We advise clients to exercise caution when sharing personal images on social media platforms.

Usage Examples: Examples of promotional use may include, but are not limited to:

• • Showcasing our portfolio on our website and social media pages.
  • Submitting entries to photography competitions or exhibitions.
  • Creating marketing materials such as brochures or business cards

No Additional Compensation: Please note that the use of your likeness for promotional purposes is included as part of our standard photography services, and no additional compensation will be provided.

12. Usage Rights:

Client Usage Rights: Upon delivery of the final edited photographs, clients are granted non-exclusive rights to use the images for personal purposes, including printing, sharing with friends and family, and posting on personal social media accounts.

Clients may not use the photographs for commercial purposes without obtaining prior written consent from Empix Photography.

Photography Business Rights: Empix Photography retains the copyright and all other intellectual property rights to the photographs, including the right to reproduce, distribute, and display the images for promotional and commercial purposes.

Empix Photography may use the photographs in our portfolio, website, social media channels, marketing materials, and other promotional efforts without seeking further permission from the client.

Modification and Alteration: Clients may not modify, edit, or alter the photographs in any way without prior written consent from Empix Photography.

Empix Photography reserves the right to make minor edits or adjustments to the photographs as necessary for quality assurance or promotional purposes.

Third-Party Usage: Clients are responsible for ensuring that any third parties who may receive copies of the photographs (e.g., friends, family, vendors) are made aware of these usage rights and comply with the terms outlined herein.

Commercial Usage: For any commercial use of the photographs, including but not limited to advertising, marketing, or publication, clients must obtain written permission and negotiate appropriate licensing terms with Empix Photography.

Exclusivity: Clients understand that Empix Photography may provide similar services to other clients and may use similar or identical locations, poses, or compositions in our portfolio or promotional materials.

13. Satisfaction Guarantee:

The photographer strives for client’s satisfaction. In the unlikely event of dissatisfaction, client may request a reshoot or adjustments to the images.

The client will be required to cater for transport and location fee.

14. Loss of Images and Retrieval Fee:

Loss of Images:

Empix Photography retains copies of all final edited photographs for a period of three weeks following delivery to the client. After this period, clients are responsible for securely storing and backing up their images.

Image Retrieval Fee:

In the event that a client loses access to their images after the three-week period, Empix Photography offers an image retrieval service for a fee of 30% of the original package price.

This fee covers the time and resources required to locate, retrieve, and deliver the lost images to the client.

15. Logo and Watermark:

We reserve the right to include our logo or watermark on all final images to protect our work, maintain brand integrity and uphold brand standards. If you prefer images without the logo, this option is available for an additional fee.

16. Limited Revisions:

We offer up to four (4) revisions for photos and videos included in our packages. These revisions are provided to ensure your satisfaction with the final product. Any additional revisions beyond the fourth revision will incur extra charges at the following rates:

• • Photos: Ksh 1500 per revision (Depending with the selected package).
  • Videos: Ksh 3000 per revision. 

17. Legal Liabilities:

Upon final approval of the work (including but not limited to photos, videos, or other media content), the client assumes full responsibility for any legal obligations associated with its use. This includes, but is not limited to:

• Trademarks: Ensuring that any trademarks or logos used in the media are authorized and do not infringe on the rights of others.
• Music or Songs: Ensuring that any music, songs, or soundtracks included in videos have proper licensing or permissions.
• Copyright: Ensuring that any third-party materials (e.g., images, designs, content) incorporated into the final work comply with copyright laws.

By approving the final work, the client acknowledges that they hold all necessary permissions and licenses to use such content and agree to indemnify and hold EMpix Photography harmless from any claims, lawsuits, or legal actions arising from the use of the delivered work.

EMpix Photography shall not be held liable for any legal issues related to the use of the final work once it has been approved by the client.

18. Delay Fee Clause:

All work, including photos, videos, or any other deliverables, will only be delivered once full payment has been received. If the client delays payment beyond the agreed-upon due date, the following delay fee policy will apply:

• Grace Period: A grace period of three (3) days will be allowed after the due date for full payment.
• Delay Fees: If payment is not made within the grace period, a delay fee of 30% of the total outstanding amount will be added for every week the payment remains overdue. The longer the delay, the higher the accumulated fees.

Clients are encouraged to make payments promptly to avoid these additional costs. No work will be released until the full balance, including any accrued delay fees, has been cleared.

19. Agreement:

By booking a session clients agree to abide by the terms and conditions outlined.