Terms & Conditions
Last updated: 1-Oct-2025
I AM ABI FINE ART PHOTOGRAPHY
TERMS & CONDITIONS
Last Updated: 26 Sep 2025
Effective Date: 1 Oct 2025
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1. AGREEMENT OVERVIEW
1.1 ENTIRE AGREEMENT
This agreement contains the complete understanding between I AM ABI FINE ART PHOTOGRAPHY (“I AM ABI,” “Studio,” “we,” “us,” “our”) and the CLIENT (“you,” “your,” “CLIENT”). This agreement supersedes all prior negotiations, representations, or agreements relating to photography services. Modifications must be in writing and signed by both parties. If any provision is deemed invalid, the remaining provisions remain enforceable.
1.2 DEFINITIONS
• “Studio” refers to I Am Abi Fine Art Photography and its authorized representatives
• “CLIENT” refers to the contracting party and all participants in photography services
• “Services” includes photography, videography, editing, consultation, and delivery
• “Deliverables” means final edited photographs and videos provided to CLIENT
• “Force Majeure” means events beyond reasonable control as defined in Section 12
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2. MINOR CLIENT PROVISIONS AND PARENTAL AUTHORITY
2.1 MINOR CLIENT REQUIREMENTS
When services involve a CLIENT under 18 years of age:
(a) DUAL PARENTAL CONSENT: Parents or legal guardians must execute this agreement with valid government-issued identification.
(b) JOINT LIABILITY: Parents/guardians assume joint and several liability for all contract obligations, including payment, compliance, and conduct during sessions.
(c) BINDING NATURE: Parents/guardians acknowledge they are contracting on the minor’s behalf. All terms remain binding regardless of the minor’s later objections upon reaching majority age.
(d) SUPERVISION RESPONSIBILITY: Parents/guardians ensure minor CLIENT’s appropriate behavior, punctuality, and compliance with studio guidelines.
(e) RATIFICATION: Upon reaching majority age, former minor CLIENT is deemed to have ratified this agreement through continued benefit of services, waiving any right to void based on minority status.
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3. BOOKING CONFIRMATION AND PAYMENT STRUCTURE
3.1 BOOKING FEE REQUIREMENTS
Booking Fee Structure:
• Packages for SERENITY OR PROMO = ₱5,000 booking fee
• Packages above ₱50,000 = ₱10,000 booking fee
3.2 PAYMENT SCHEDULE
• Booking Fee: Due upon contract execution
• Balance: Due on photoshoot date
• Additional Products: 50% upon order, balance before delivery
3.3 LEGITIMATE LIQUIDATED DAMAGES
The parties acknowledge cancellations cause specific damages including: lost opportunity costs, administrative expenses, held calendar dates, consultation time, and preparation costs. Booking fees represent reasonable pre-estimates of actual damages, not penalties.
3.4 GRADUATED CANCELLATION SCHEDULE
• More than 30 days: Full refund minus ₱2,000 administrative fee
• 15-30 days: Retain 50% of booking fee minus ₱2,000 administrative fee
• 7-14 days: Retain 75% of booking fee minus ₱2,000 administrative fee
• Less than 7 days or no-show: Full booking fee retained
3.5 CLIENT-INITIATED RESCHEDULING
• First reschedule: No penalty if done 14+ days in advance
• Second reschedule: ₱3,000 administrative fee
• Third reschedule: New booking fee required
CLIENT may reschedule once within calendar year. Weekend availability subject to studio availability.
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4. PAYMENT TERMS AND COLLECTION
4.1 OVERDUE PAYMENT CONSEQUENCES
• Payments overdue 7+ days incur 2% monthly interest
• Services will not commence without full payment
• Products will not be released without complete payment
4.2 COLLECTION RIGHTS
Upon payment default, Studio may:
• Pursue legal collection proceedings
• Retain all work until payment completion
• Report delinquent accounts to credit bureaus
• Recover reasonable attorney’s fees and collection costs
4.3 HIGH-VALUE TRANSACTION SECURITY
Packages exceeding ₱100,000 may require:
• Post-dated checks for balance payments
• Signed contract
4.4 PAYMENT METHODS
All payments must be verifiable funds (certified checks, bank transfers, cleared payments). Credit card payments subject to 3.5% processing fee.
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5. PHOTOSHOOT SCHEDULING AND CONDUCT
5.1 SCHEDULE CONFIRMATION
CLIENT must confirm schedule one week prior to shoot. Schedule or location changes require timely notice with Studio confirmation receipt.
5.2 PUNCTUALITY REQUIREMENTS
Shooting commences and ends at scheduled times. Late CLIENT arrival does not extend session. Additional time billed at current studio rates.
5.3 ONLINE CONSULTATION
Conducted 1-2 weeks before photoshoot. All consultation agreements are final. Subsequent changes may incur additional charges at Studio discretion. The online consultation will be delivered to CLIENT and considered approved and agreed by CLIENT if no further comments.
5.4 SAFETY AND CONDUCT
Studio reserves right to terminate contract for:
• Inappropriate, threatening, or hostile behavior toward staff
• Safety concerns for Studio personnel
• CLIENT illness or symptoms requiring postponement
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6. ARTISTIC INTEGRITY AND CREATIVE CONTROL
6.1 ARTISTIC CREATIVE AUTHORITY
CLIENT acknowledges Studio operates as creative photography business producing original artistic interpretations. Studio reserves absolute right to exercise artistic judgment over:
• Composition and framing decisions
• Creative interpretation of concepts
• Stylistic execution and editing choices
• Color grading and aesthetic treatment
6.2 INSPIRATION VS. REPLICATION DISCLAIMER
Reference materials, inspiration photos, or samples serve solely as:
• General mood or theme guidance
• Style preference indicators
• Color palette suggestions
Studio explicitly does NOT guarantee:
• Exact replication of reference materials
• Identical poses, lighting, or compositions from inspiration photos
• Copy-style reproduction of other artists’ works
6.3 ORIGINAL WORK COMMITMENT
Studio produces original artistic work reflecting unique creative vision while drawing inspiration from CLIENT preferences. CLIENT acknowledges exact replication compromises artistic integrity and potentially infringes third-party copyrights.
6.4 SUBJECTIVE NATURE OF ART
Photography is subjective art. Disagreements regarding artistic choices or creative interpretation do NOT constitute grounds for:
• Refund demands (full or partial)
• Re-shoot requests
• Breach of contract claims
• Negative reviews based solely on artistic differences
6.5 FINAL CREATIVE AUTHORITY
Studio retains final creative authority over all artistic decisions. CLIENT approval is not required for creative choices during photoshoots or post-production, provided deliverables meet professional quality standards within agreed-upon style discussed during consultation.
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7. INTELLECTUAL PROPERTY RIGHTS AND USAGE
7.1 COPYRIGHT OWNERSHIP
Studio retains full copyright ownership of all photographs, videos, and creative works produced. No transfer of copyright ownership occurs regardless of payment amount.
7.2 CLIENT USAGE LICENSE
Upon full payment, CLIENT receives non-exclusive, non-transferable license for:
• Personal display in private residences
• Personal social media sharing with attribution (“Photography by I Am Abi Fine Art Photography”)
• Distribution to family and friends for personal use
• Personal websites and announcements
7.3 COMMERCIAL USE RESTRICTIONS
CLIENT may NOT use images for:
• Commercial advertising or promotional materials
• Product endorsements or sponsorships
• Business marketing or corporate communications
• Resale or licensing to third parties
• Revenue-generating activities
7.4 HIGH-PROFILE CLIENT PROVISIONS
CLIENTs with significant public profiles or social media followings (10,000+ followers) must obtain written approval before posting, as their endorsement carries commercial value.
7.5 BRAND PROTECTION
CLIENT shall not crop, alter, or edit images misrepresenting Studio work quality. Social media posts must maintain image integrity and include proper attribution.
7.6 VIOLATION REMEDIES
Unauthorized commercial use subjects CLIENT to liquidated damages of ₱100,000 per image plus reasonable attorney’s fees and court costs.
7.7 STUDIO PORTFOLIO RIGHTS
Studio retains perpetual rights to use images for marketing, portfolio display, website content, and promotional materials without additional CLIENT compensation.
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8. POST-PRODUCTION AND DELIVERY
8.1 EDITORIAL DISCRETION
Studio determines images delivered to CLIENT based on professional standards and artistic merit.
8.2 EDITING AUTHORITY
Final post-production, editing styles, effects, and image appearance are Studio’s sole discretion.
8.3 COMPOSITE EDITING
Composite photo-editing or manipulation requests: ₱1,500 per image, limited to 2 revisions. Requires special skills, licensed imagery, and extensive time investment.
8.4 ONLINE GALLERY ACCESS
Images displayed in password-protected gallery 4 weeks post-photoshoot. CLIENT has 1 week to make selections. Reactivation after expiration: ₱2,000 fee. Gallery access expires after 2 months with image deletion.
8.5 RUSH DELIVERY CHARGES
Early delivery requests incur additional charges:
• Within 1 week after client chose the images: ₱2,300 per 5 images
• Within 2 weeks after client chose the images: ₱1,900 per 5 images
• Within 3 weeks after client chose the images: ₱1,400 per 5 images
8.6 PRINT AND ALBUM DELIVERY
Standard delivery: 3 weeks for prints, 2 months for albums (international production). Rush album requests subject to Studio approval with air freight costs (minimum ₱5,000) paid by CLIENT.
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9. TRAVEL AND LOCATION SERVICES
9.1 TRAVEL EXPENSE RESPONSIBILITY
CLIENT responsible for all travel, accommodation, meal, and transportation costs via direct provision or payment to Studio.
9.2 DISTANCE-BASED CHARGES
Out-of-town shoots from Quezon City:
• within Metro Manila: Additional ₱10,000
• 35-120 kilometers: Additional ₱15,000
• Overnight stays: Minimum ₱20,000 per day not including food and accommodation.
- Final computation will be subject to number of personnel required
• Expenses pre-arranged and confirmed 2 days before shoot
9.3 VENUE LIMITATIONS
Studio limited by location rules and site management guidelines. CLIENT accepts technical results of imposed limitations. CLIENT responsible for negotiating guideline modifications; Studio provides technical recommendations only.
9.4 PERMITS AND PERMISSIONS
CLIENT responsible for acquiring all necessary permits and location permissions.
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10. COMPREHENSIVE LIMITATION OF LIABILITY
10.1 TOTAL LIABILITY CAP
Studio’s total liability arising from this agreement, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed total amount paid by CLIENT for specific photoshoot services, regardless of cause of action or legal theory.
10.2 EXCLUSION OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL STUDIO BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
• Loss of profits or business interruption
• Emotional distress or social embarrassment
• Reputational harm or opportunity costs
• Intangible losses of any nature
EVEN IF STUDIO HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES
10.3 SPECIFIC LIMITATION APPLICATIONS
This limitation applies to claims arising from:
• Technical equipment failure or data loss
• Venue restrictions or accessibility issues
• Weather conditions or third-party interference
• Scheduling conflicts or delivery delays
• Artistic interpretation disputes
• Any circumstances beyond Studio’s reasonable control
10.4 UNIQUE EVENT ACKNOWLEDGMENT
CLIENT acknowledges inherently unique, non-repeatable nature of life events (debuts, weddings, celebrations) has been considered in pricing structure. This liability limitation is material term inducing Studio to provide services at agreed rates.
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11. SAFETY AND HEALTH PROTOCOLS
11.1 COVID-19 ACKNOWLEDGMENTS
CLIENT knowingly consents to photography session understanding:
• COVID-19’s long incubation period and transmission risks
• Studio implements suggested prevention protocols but cannot guarantee virus-free environment
• CLIENT must notify Studio of positive diagnosis within 14 days before/after session
11.2 HEALTH SCREENING
CLIENT confirms no family members have recent COVID-19 exposure or symptoms: fever, shortness of breath, dry cough, runny nose, sore throat, loss of taste/smell, or unexplained fatigue.
11.3 STUDIO CANCELLATION RIGHTS
Studio may cancel/reschedule sessions due to:
• COVID-19 implemented regulations
• Health concerns or possible exposure
• Staff or CLIENT symptoms
• Government-mandated restrictions
CLIENT deposit remains non-refundable but applies to rescheduled session.
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12. FORCE MAJEURE AND EXCUSED PERFORMANCE
12.1 FORCE MAJEURE EVENTS
Studio excused from performance when prevented by causes beyond reasonable control:
Natural Events: Acts of God, earthquakes, typhoons, floods, volcanic activity, pandemic, epidemic, natural disasters
Government Actions: Regulations, travel restrictions, venue closures, permit denials, quarantine orders, public health protocol changes
Venue-Related: Venue cancellations, access restrictions, security concerns, third-party facility limitations
Human Factors: CLIENT/guest misconduct, family disputes disrupting sessions, late arrivals exceeding 2 hours, participant intoxication, threatening staff behavior
Technical: Equipment failure despite proper maintenance, power outages, communication failures, transportation disruptions
Social/Reputational: Public controversies involving CLIENT/family creating staff safety concerns or Studio reputation damage
12.2 FORCE MAJEURE REMEDIES
• First occurrence: Rescheduling within 6 months at no additional charge, subject to availability
• Repeated events: Studio may terminate agreement and retain 50% booking fee as administrative costs
• If rescheduling impossible within 6 months: Full refund minus reasonable incurred costs
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13. CONSUMER PROTECTION COMPLIANCE
13.1 CONSUMER ACT DISCLOSURES
This agreement complies with Republic Act 7394 (Consumer Act of the Philippines). CLIENT has right to:
✅ Right to professional service
✅ Right to clear communication
✅ Right to quality deliverables
✅ Right to fair pricing transparency
✅ Right to respectful treatment
13.2 COOLING-OFF PERIOD
Packages exceeding ₱50,000 include 7-day cooling-off period from contract execution, allowing full cancellation with complete refund minus administrative costs.
13.3 DISPUTE RESOLUTION
Disputes resolved through:
1. Direct negotiation between parties
1. Mediation through accredited mediator
1. Arbitration under Philippine Arbitration rules
1. Court proceedings as last resort
13.4 REGULATORY COMPLIANCE
Studio maintains all required business licenses, DTI registration, and professional certifications. Copies available upon request.
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14. GENERAL PROVISIONS
14.1 GOVERNING LAW
This agreement governed by Philippines law. Exclusive jurisdiction in courts of Pasig City, Metro Manila.
14.2 SEVERABILITY
If any provision deemed invalid or unenforceable, remaining provisions remain valid and enforceable.
14.3 ASSIGNMENT
CLIENT may not assign this agreement without written Studio consent. Studio may assign agreement with reasonable CLIENT notification.
14.4 NOTICES
All notices must be in writing via registered mail, email with receipt confirmation, or personal delivery with acknowledgment.
14.5 WAIVER
Failure to enforce any provision does not constitute waiver of that provision or any other contract term.
14.6 ENTIRE AGREEMENT
This agreement constitutes complete understanding between parties. No oral modifications accepted.
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ACKNOWLEDGMENT AND ACCEPTANCE
By paying the booking fee, signing our contract agreement and clicking “I Accept” in electronic booking system, CLIENT acknowledges:
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Reading and understanding all terms and conditions
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Agreeing to be bound by all provisions
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Confirming authority to enter this agreement
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Understanding unique nature of photography services
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Accepting artistic interpretation and creative control provisions
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Acknowledging liability limitations and risk allocations
This document contains legal obligations. Consult legal counsel if clarification needed before signing.