General Terms & Conditions Dagmar Sigrid AB

Scope of Services and the Assignment 

  1. The Photographer will provide real estate photography services (Assignment) to the Client in accordance with the agreed scope of work.
  2. The Client can request an Assignment either by email, phone, text message or in person. The Client shall at the time of booking state the scope of the Assignment and any other instructions of importance to the Assignment. The photographer will always confirm the Assignment in writing to the Client. 
  3. The Client is responsible for ensuring the property is ready to be photographed. The photographer may be consulted for small adjustments but ultimately the styling of the property lies in the hands of the Client. 

Cancellation and Rescheduling

  1. The Client must give the Photographer reasonable notice if they wish to cancel or reschedule a photo shoot. If less than 24 hours notice is given, the Photographer reserves the right to charge a cancellation fee (i.e. 100% of the agreed fee). If the Photographer cancels the shoot, the Client will not be charged, and reasonable efforts will be made to reschedule at a mutually convenient time.

Complaints 

  1. The client shall promptly inspect the delivered photographs. The delivery is considered fault-free if no complaints or comments are received within 14 days of delivery. Should complaints arise within 14 days of delivery regarding the quality of the photos, the photographer can be consulted to return free of charge. Should complaints arise beyond the quality of the photographs, and the Client requires additional pictures an additional fee applies. 

Intellectual Property

  1. The Photographer retains all copyright and intellectual property rights in the photographs produced. The Client is granted a license to use the photographs for the agreed purpose(s) only, and not for any other commercial purpose without the prior written consent of the Photographer. The photographer may use the photographs for other non-value-generating purposes unless otherwise agreed. 
  2. Both the Photographer and the Client are allowed to use the photographs produced for Social Media advertising and promotional purposes. The Client shall always make an effort to mention the photographer as being the source of the photographs. 

Image Retouching and Delivery

  1. The Photographer may retouch images as required to provide the best possible quality. The Client may request additional retouching or editing, but this may be subject to additional charges.
  2. The photographer will deliver the retouched photographs in both high resolution and web resolution the next working day by default. Express delivery on the same day (if possible) results in a 25% surcharge and should always be requested upon booking the Assignment.

Archive 

  1. The photographer undertakes to retain the raw photographs for 2 calendar months and the final results for a period of 24 months from the date of the Assignment. 

Liability and Indemnification

  1. The Photographer shall not be liable for any loss, damage, or injury to the Client, their property, or any third party caused by the Photographer’s services or equipment. The Client shall indemnify and hold the Photographer harmless from any claims, damages, or expenses arising out of or in connection with the Client’s use of the photographs.

Pricing and Payment

  1. VAT at 25% will be added to stated prices as shown in Appendix 1. Unless otherwise agreed, the payment period and overdue interest shall be as provided in the Swedish Interest Act [Räntelag] (1975:635). The client shall always be liable for payment irrespective of whether the photograph has been used or not, and also where the photographic commission is booked for another end user. 

Confidentiality

  1. The Photographer shall treat all information and materials received from the Client as confidential and will not disclose them to any third party without the Client’s prior written consent.

Governing Law and Dispute Resolution

  1. This agreement shall be governed by and construed in accordance with the laws of Sweden. Any dispute arising out of or in connection with this agreement shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

Amendments and Waivers

  1. Any amendment or waiver of any provision of this agreement shall be in writing and signed by both parties. The failure of either party to enforce any provision of this agreement shall not be deemed a waiver of that provision or any other provision of this agreement.

Entire Agreement

  1. This agreement contains the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between them, whether written or oral.
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