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Terms & Conditions

Last updated: Jan 12, 2022
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CONTRACT TERMS AND CONDITIONS

 

ENTIRE AGREEMENT: 

This agreement contains the entire understanding between I AM ABI and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of thisagreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver ofany other portion or provision of this agreement.

 

BOOKING FEE: 

A signed contract and a booking fee is required to reserve the date and time of the shoot.  A booking fee of five thousand pesos (Php5,000.00) is required for Milestone, Moments and Keepsake Collections.  A booking fee of ten thousand pesos (Php10,000.00) is required for Heirloom, Art of Imaginings and Masterpiece Collections.  If the shoot is rescheduled, postponed, or cancelled one week before the scheduled shoot; or if there is a breach of contract by the CLIENT, the deposit is non-refundable and shall be liquidated as damages to I AM ABI. The CLIENT shall also be responsible for payment for any of I AM ABI'S materials charges incurred up to the time of cancellation. The reservationfee is non-refundable and non-transferrable. However, the CLIENT can reschedule the photoshoot in coordination and subject to the  confirmation of I AM ABI. 

 

PHOTOSHOOT SCHEDULE:

The client agrees to confirm the schedule one week prior to the scheduled shoot. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from I AM ABI by the CLIENT.  The CLIENT can  reschedule once within the calendar year and on week days.  Weekends may be given if available. The CLIENT has to confirm the new schedule with I AM ABI atleast 7days prior to give enough preparation. After the first reschedule, the booking fee is forfeited and a new booking fee has to be paid to obtain of a new shoot schedule.  Re-shoots are at the discretion of I AM ABI and are not given in case of regretful personal choice such as make-up, hair andclothing choices.

 

ONLINE CONSULTATION:  

An Online Consultation is conducted one (1) to two (2) weeks before the photoshoot.  All agreements made during the online consultation are deemed final.  Any change to the shoot may incur additional charges to be determined by I AM ABI.  I AM ABI reserves the right to decline further changes.

 

SAFETY:

I AM ABI reserves to right to terminate the contract if the photographer from the I AM ABI experiences inappropriate, threatening, hostile, or offensive behavior from the CLIENT or any other person related to the CLIENT; or if the safety of the photographer from I AM ABI STUDIO is in question. I AM ABI reserves the right to cancel or postpone a shoot if a client is not feeling well or exhibiting signs and symptoms of illness. Reschedule of the shoot is subject to availability.

 

SHOOTING TIME / ADDITIONS:

The CLIENT and I AM ABI agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), the shooting will end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT based on current studio rental rates.

 

EXPENSES INCURRED:

When applicable, the CLIENT is responsible for all travel, accommodation, meal, and transport costs unless provided by the CLIENT.

 

TRAVEL EXPENSES:

In case of out-of-town shoots, the Client shall be responsible for all travel, accommodations,meal, and transportation costs, either by providing their own arrangements or paying the amount equivalent thereof if the booking is done by I AM ABI. All travel expenses are based on the distance between the EVENT location(s) and the IAM ABI studio address. For all I AM ABI events(s), 35kilometers to 120kilometers from Pasig City additional charge of fifteen thousand pesos (Php15,000) will be charged. Charges for overnight will be Php20,000/night. These expenses shall be pre-arranged and confirmed through email, or payment remitted to I AM ABI, two(2) days before the date of the photoshoot.

 

RESPONSIBILITIES:

I AM ABI is not responsible for compromised coverage due to causes beyond the control of I AM ABI including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to I AM ABI STUDIO, rendering of decorations, or restrictions of thelocations.

 

VENUE AND LOCATION LIMITATIONS (Out-of-the-studio):

I AM ABI is limited by the rules and guidelines of thelocation(s) and site management. The CLIENT agrees to accept the technical results of their imposition on I AM ABISTUDIO. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; I AM ABI will offer technical recommendations only. Thus, for whatever limitations imposed or shall be imposed on the photoshoot/event, The CLIENT is deemed to have agreed upon it and shall not hold I AM ABI accountable for such.

 

PERMITS:

The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which I AMABI will be performing services.

 

FILM and COPYRIGHTS:

I AM ABI has the rights to all photographs taken and may not be reproduced in any manner without I AM ABI’s explicitly written permission. If the CLIENT has purchased a soft copy from I AM ABI, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased a soft copy I AM ABI grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to I AM ABI. The CLIENT must obtain written permission from I AM ABI prior to publishing or selling thephotographs.

 

EXCLUSIVE PHOTOGRAPHER:

I AM ABI is the exclusive photographer during the photoshoot. The use of personal cameras or any recording device is subject to the approval of the photographer. CLIENT accepts that I AM ABI has the sole creative control, direction, and copyright of I AM ABI. No raw/unedited files shall be given to the CLIENT. Only editeddigital files of the photoshoot shall be given.

 

MODEL RELEASE:

The CLIENT hereby assigns I AM ABI the irrevocable and unrestricted right to use and publishphotographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational andany other purpose and in any manner and medium; to alter the same without restriction and to copyright the same without restriction. The CLIENT releases all claims to profits that may arise from the use of images.

 

LIMIT OF LIABILITY:

In the unlikely event that the photographer from I AM ABI is unable to perform to the guidelines of this contract due to an injury, illness, act of God, an act of terrorism, or other cause beyond the control of I AM ABI, I AM ABI will reschedule the shoot with no question. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond I AM ABI’s control, including but not limited to camera, hard drive, or equipment malfunction, I AMABI’s liability is limited to the return of all payments received for the photoshoot. The limit of liability for a partial loss oforiginals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. I AM ABI is not liable for the loss of images once images have been delivered.

 

CAPTURE AND DELIVERY:

I AM ABI is not liable to deliver every image taken during the photoshoot. The determinationof images delivered to the CLIENT is left to the discretion of I AM ABI.

 

POST PRODUCTION AND EDITING:

The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the photographer of I AM ABI.

Composite photo-editing or manipulation as requested by client will be charged at 1,500php per image and limited to 2-revisions. Composite Photo-editing requires special skills, copyright images, and time to combine images into an image art. Similar to photo manipulation, at I am Abi we make sure all the production set are perfect for each of our client and at the same time we always consult our client on how they want us to capture them. Changes to body structure, make-up editing especially if the HMUA is not recommended by I am Abi, and other things that I am Abi was not in control during the photoshoot.

POST VIDEO EDITING and OUTPUT:

Creative direction, color grading, story board, and music are carefully selected by I am Abi to produce a harmonious video output. Special requests from client like having animations, composite, skin retouching or manipulation of the subject, requires extensive skills, manpower and time. This have additional fees and pricing will be provided upon a request for quote.

ONLINE GALLERY:

The images will be displayed in a password-protected online gallery. The online gallery is available four (4) weeks after the photoshoot.  The CLIENT is given one (1) week to choose from the gallery for pictures to download and for printing. After which, a reactivation fee of two thousand pesos (Php2,000) shall be charged to reactivate the online gallery. CLIENT shall be given also three (3)  notices for final choices. If the CLIENT does not respond then it is presumed that CLIENT is not interested in said services and agreement to print is hereafter cancelled. I AM ABI is then freed from liability for the final printing thereof.  I AM ABI will keep the CLIENT'S images for TWO (2) MONTHS only. After which the photos shall be purged to make space for other clients.

RUSH ONLINE GALLERY:

At I am Abi, we make sure that all images will be delivered as a work of ART. Any artist requires focus and an amount of time to produce a masterpiece. If the client requests for their images to be delivered earlier than (4) weeks,  there will be additional charges as below.

     - 2,300php per (5) images within a week from the photoshoot date

     - 1,900php per (5) images within (2) weeks from the photoshoot date

     - 1,400php per (5) images within (3) weeks from the photoshoot date

FINAL PRINT or PHOTO ALBUM:

Please allow approximately three (3) weeks for delivery of prints and soft copies (USB/hard drive). Photo albums are all coming from outside of the country production and may take up to two (2) months from the time that the client selected the photos. The timing was mainly due to COVID disruptions to the gov't restrictions, workforce, shipping routes and schedule .  I AM ABI will be in-charge of the photobook layout. Handle portraits with extreme care. Damage incurred as a result of improper handling, framing, or hanging is the responsibility of the CLIENT.

RUSH PHOTO ALBUM:

At I am Abi, we always guarantee the quality of our prints and albums. We only choose the suppliers that are proven to deliver consistent quality. Rush requests are subject to I am Abi decision if it can be delivered earlier than (2) months also Air freight cost will be paid by the client at not less than 100USD at peso equivalent.

 

FORCE MAJEURE:

In the unlikely event that the photographer from I AM ABI is unable to perform the guidelines of this contract due to injury, illness, Acts of God, Acts of Terrorism, bad weather conditions, uncontrollable guests/relatives, late arrival of Client or its guests, schedule complications due to rescheduling, incorrect address provided to I AM ABI, faulty decorations provided by other suppliers, or restrictions of location/venue, or other causes beyond its control, there shall be a rescheduling of the photoshoot, I AM ABI shall not be responsible for compromised coverage due to said causes beyond its control.

 

In the unlikely event that digital files have been lost, stolen, corrupted, or destroyed beyond the control of I AM ABI, despite extra precautions and care in safekeeping, including but not limited to damage to the camera, hard drive, or equipment malfunction, I AM ABI's liability is limited to a re-photoshoot or a return of all payments received for the photoshoot. The limit of liability for the partial loss of original shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. However, I AM ABI is not liable for the loss of images once images have been delivered.

 

SALES ARE FINAL:

Due to the custom nature of each session, all sales final and are not returnable or refundable. PAYMENT SCHEDULE:

    a.) For the photoshoot the booking fee required to secure the photoshoot date.  A booking fee of five thousand pesos(Php5,000.00) is required for Milestone, Moments and Keepsake Collections.  A booking fee of ten thousand pesos (Php10,000.00) is required for Heirloom, Art of Imaginings and Masterpiece Collections

 

    b.) Balance is paid before or on the date of the photoshoot.

 

    c.) For additional products (soft copy or print) a fifty percent (50%) downpayment is required at the time of the order toconfirm the order. The remaining balance must be paid in full on or before the delivery of the product. If the CLIENT fails to remit payment as specified, I AM ABI shall have the right to immediately terminate this agreement with no furtherobligation, retain any monies already paid.

 

ADDITIONAL PRODUCTS ORDERED:

For products ordered after the photoshoot, a fifty percent (50%) downpayment is required at the time of the order, to confirm the order. The remaining balance must be paid in full at least two (2) days before the intended delivery date of the product.

 

If the Client fails to remit payment as specified, I AM ABI shall have the right to immediately terminate this agreement with no further obligation, retain any money already paid.

 

 

SPECIAL TERMS AND CONDITIONS DUE TO COVID-19

 

  1. The CLIENT knowingly and willingly consents to a photography session with I AM ABI.

 

   2. The CLIENT understands that the COVID-19 virus has a long incubation period during which carriers of the virus may not show any signs or symptoms and still be contagious. The CLIENT understands that I AM ABI shall take allprecautions suggested regarding COVID-19 prevention, but it is impossible to determine who has it and who does notgive the current limitation in virus testing.

 

    3. The CLIENT understands that should the CLIENT be diagnosed with COVID-19 positive within 14 days before/following the photoshoot, the CLIENT shall contact I AM ABI to let them know of the positive diagnosis.

 

    4.  The CLIENT releases I AM ABI for any and all liability associated with receiving a COVID-19 positive diagnosisfollowing the photoshoot session.

 

    5. The CLIENT confirms that no member of the family that shall be included in the session have had any recent exposureto and is experiencing any of the following symptoms associated with COVID-19: fever, shortness of breath, dry cough,runny nose, sore throat, loss of taste or smell, fatigue not associated with sleep. If the CLIENT or any of the family members experience any of the above-mentioned symptoms, the CLIENT shall immediately reschedule the photosession.

 

     6. The CLIENT understands that I AM ABI has the right to cancel or reschedule any session at any point in time due to COVID-19 implemented regulations, health concerns, possible exposure or arising symptoms of COVID-19 and is not liable for any costs accrued by the client (i.e. hair appointments, cake or clothing purchases, et al) associatedwith the photo session.

 

     7. If the photoshoot session is cancelled or rescheduled due to a COVID-19 related illness or presenting symptoms the CLIENT understands that the deposit paid to I AM ABI STUDIO is non-refundable but shall beapplied to the new photoshoot schedule.

 

These terms and conditions will be considered accepted once the CLIENT clicked the check button at the booking section and paid for the booking fee.

 

Contact Us

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Terms & Conditions for I am Abi