If you already are my client or if you request my services, our business relations, rights and obligations are in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Sb. defined by these terms and conditions.
All contractual relationships between the photographer and filmmaker Dominik Kučera, IČ 87666626, hereinafter "photographer" and the client, hereinafter "client" are governed by the legal order of the Czech Republic, i.e. the Civil Code and Act No. 634/1992 Coll., or the applicable provisions of the Civil Code per company and entrepreneur.
1.1 The following terms and conditions apply to all services and offers, however subject to individual contracts and written agreements.
1.2 The scope, content and form of the photographer's services may change and the contents are not binding, unless they are part of a written or e-mail agreement.
2.1 You can order by phone call (not SMS), contact form, email or message on social networks. However, the order is binding only when the price, scope, place and date are mutually agreed upon.
2.2 By placing an order, the client confirms acceptance of these conditions. By ordering, he also agrees with the author's approach and visual style of the photographer.
2.3 The price, scope, date and place of implementation are always part of a binding written or e-mail agreement between the photographer and the client and may differ, based on such agreement, from the current services listed on the website www.dominikkucera.com.
3.1 The reservation of the term, date and time for the realisation of the request is always mutually binding.
3.2 If there is a change in the situation on the part of the client and fulfilment is not possible on the part of the client on the given date, the client is obliged to notify the occurrence of such a situation at least 36 hours before fulfilment.
3.3 If there is no such notification according to 3.2 from the client, the photographer reserves the right to ask the client to pay a penalty of up to 30% of the agreed price. The photographer may or may not use this right. If the photographer uses this right, the client agrees to pay within 14 days of the cancelled fulfilment.
3.4 If there is a change in the situation on the part of the photographer and the fulfilment is not possible on the part of the photographer in the given term, the photographer is obliged to notify the emergence of the situation at least 24 hours before the fulfilment. The photographer also agrees to use his best efforts to find and secure competent and professional replacements.
3.5 Specific offers and contracts between the client and the photographer may include payment for booking of a date. Booking payment, agreement with it, payment sending and receiving must always be confirmed in writing by both the photographer and the client.
3.6 If a reservation payment is agreed and if the situation from 3.2 occurs, i.e. cancellation of the fulfilment by the client, the reservation payment is non-refundable.
3.7 If a reservation payment is agreed upon and if the situation from 3.4 occurs, i.e. cancellation of the fulfilment by the photographer, the reservation payment is considered to be a refundable payment and the photographer agrees to return it within 7 days from the delivery of the refund-to payment data by the client.
4.1 The specific form, scope, time and place of fulfilment are always part of the agreement between the client and the photographer.
4.2 The photographer is not responsible for the smooth progress of things beyond his control, including weather and traffic conditions. The photographer is also not responsible for the course of the photo shoot with regard to the behaviour of the adults, children and animals involved.
4.3 The photographer reserves the right of ending the project ahead of time or cancelling it completely, if he or his equipment would be endangered by a significant change in the weather or the behaviour of the persons involved. The photographer also reserves the right to terminate the implementation if the agreed implementation is fulfilled ahead of time.
5.1 The photographer does not provide raw, unedited materials.
5.2 The photographer has a free hand in terms of post-production of the materials (composition, colours, artistic and technical design, editing and cut, music). The client is aware of the photographer's art style (agrees to have seen the author's portfolio). If the client requests significant changes during the editing of the recorded materials, he agrees to bear additional costs that may arise.
5.4 The photographer will deliver the resulting materials in digital form in the form of a link to download the final outcomes to the client's device.
5.5 The delivery date comes from a specific written agreement between the client and the photographer. In general, the standard delivery time is 5 working days for common contracts within one day of shooting, 1 month for large-scale contracts and 6 weeks for weddings.
5.6 The sent link will be active for 30 days from sending.
5.7 The client has the right to one round of standard re-editing of the resulting materials. The request for possible modifications or changes must be delivered within 10 working days from the delivery of the link to the client, otherwise the submitted material is considered to have been received without defects. Dissatisfaction with the author's style or dissatisfaction with one's own appearance or that of other participants is not a reason for a complaint.
5.8 The photographer agrees to archive the raw materials for a period of 6 months and the final delivered materials for a period of 1 year.
6.1 The client has, after proper payment, acceptance and approval of the final materials, the right to private non-commercial use of the final materials and publication on personal non-commercial web platforms and social networks.
6.2 Copyright belongs to the photographer even after the final materials have been accepted by the client. All materials, raw and final, are subject to copyright and the property of the photographer and may not be used for any commercial purpose, promotion or sale to a third party without the written consent of the author.
6.3 In the event of unauthorised use of materials by the client, the photographer reserves the right to sufficient compensation for lost income up to the normal market price, including possible buyouts.
6.4 The client may not further edit, cut or change the final materials in any way.
6.5 The photographer reserves the right to publish materials in his portfolio, web platforms and social networks, in electronic and printed form, commercially and non-commercially, and in any other media at the discretion of the photographer.
6.6 If the client does not wish his materials to be published, it is necessary to inform the photographer, preferably before the start of the fulfilment. If the client does not do so, it is considered consent. The client can additionally withdraw his consent, this withdrawal must be delivered by email or in writing to the photographer's email or physical address. The photographer agrees to remove the materials from his platforms within 10 working days in case of such withdrawal of consent.
7.1 Reservation of the term, date and time of the course is binding mutually.
7.2 If there is a change in the client's situation and he is unable to attend the course, he has the option of finding and securing a substitute. If he does not do so, the price paid will be forfeited to the photographer.
7.3 If the situation changes and the photographer cancels the entire course, the photographer agrees to immediately return the entire amount paid to all participants of the cancelled course.
7.4 In the case of purchased digital courses, the right to withdraw from the purchase contract and refund the payment expires upon delivery of the digital content.
