Public offer (contract) for the provision of photographer's services

In accordance with the requirements of Article 396 of the Civil Code of the Republic of Belarus, a public contract is one of the types of contracts under which one party undertakes to provide services in respect of each of the indefinite circle of persons who have applied for the provision of certain types of services.

A public contract does not require registration on paper and its subsequent signing by the parties, has legal force due to the parties performing certain actions indicating their will to enter into contractual relations. In particular, the publication (placement) of the text of this public agreement on the official website of shaya.photo is a public offer (offer) addressed to a wide range of persons for the purpose of providing certain types of services (paragraph 2. Article 407 of the Civil Code of the Republic of Belarus).

The conclusion of this Agreement is made by joining the Customer to this Agreement, i.e. by acceptance (acceptance) by the Customer of the terms of this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).

This Agreement is a public offer (offer) of the photographer IP Shablovskaya E. D. (hereinafter referred to as the Photographer) with any individual (hereinafter referred to as the Customer) who will accept this offer, on the conditions specified below.

1. DEFINITION OF TERMS

The following terms used in this Agreement mean:

1.1. Photo — visual image on paper, electronic media of any format.

1.2. The work — the photograph created by the Photographer, hereinafter referred to as the work.

1.3. The emergence of copyrights — for the emergence, exercise and protection of copyrights, registration of the work or compliance with any other formalities is not required.

1.4. Photographer & mdash; IE Shablovskaya E. D. UNP 692195671, whose creative work will create the work. The photographer is the author.

1.5. Artistic retouching is the artistic processing of an image in order to improve it, stylize it, correct defects. Such retouching allows you to improve the texture of the skin, the shapes of objects in the photo, add volume, depth, create an atmosphere if, at the discretion of the Photographer, these changes are not enough in the photo.

1.6. Color correction - making changes to the color of the original photo.

2. SUBJECT OF THE CONTRACT

2.1 The Photographer undertakes to create the works stipulated by this agreement according to the Customer's orders. The Customer pays the Photographer a fee, the amount of which is determined by this agreement.

2.2. The Photographer will retain the inalienable copyright and property rights.

2.3. The work is required by the Customer for home archive and (or) publication on the Internet.

2.4. The Customer makes an order for the creation of a work orally or in writing and becomes an integral part of this agreement. For the purposes of this agreement, all approvals, notifications, exchange of information and (or) materials of the parties are carried out by exchanging messages by e-mail or in Telegram, Instagram, Viber and other messengers.

2.6. The photographer stores the captured material within 10 calendar days from the moment of providing the Customer with the results of photography for possible restoration in case the Customer loses his copy.

3. PAYMENT OF THE CONTRACTOR'S WORKS

3.1. For the created work, the Customer pays a fee to the Photographer in the amount of the cost of the services selected by the Customer. The price, conditions, description and composition of services are given on the photographer's website and are an integral part of the contract.

3.2. The customer makes an advance payment in the amount of the cost of renting a studio.

3.3. Postponement of the date and/or time of shooting is possible 2 (two) times, no later than 3 (three) calendar days before the previously scheduled shooting. In other cases, the prepayment will not be refunded.

3.4. If the customer wishes to impose a ban on the publication of the works obtained as a result of the work, an additional payment of 100 rubles is made. The customer undertakes to inform about the imposition of a ban on the placement of photos before the shooting.

3.5. The photographer does not publish in any sources of information — website or social networks — photo materials of intimate content at the request of the customer.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The Customer undertakes:

4.1.1 Arrive at the shooting at the designated location no later than 10 minutes before the start.

4.1.2 The Customer undertakes to provide the Photographer with appropriate access and the ability to perform his duties without interference and any obstacles from the guests and any other persons involved in one way or another during the Customer's filmed event. Otherwise, the Photographer is not responsible for receiving the footage of inadequate quality.

4.1.3 The Customer has the right to publish works, including in electronic, print media and social networks for non-commercial purposes. At any publication of photographic materials, the Customer can optionally indicate their authorship.

4.1.4 The Customer undertakes to provide the Photographer with all necessary and reliable information about the proposed work and its scope.

4.2 The Contractor undertakes:

4.2.1 Provide the Customer with the necessary and reliable information about the proposed work.

4.2.2 To transmit to the Customer the results of the work performed within 20 working days.

4.2.3. Perform work with the proper quality corresponding to the photos in the portfolio, if this type of shooting is presented in the portfolio.

4.3 The Contractor has the right:

4.3.1 Involve third parties in agreement with the Customer to fulfill their obligations under this Agreement.

4.3.2 Use the received works in your portfolio, exhibitions, on the website, in social networks and advertising your services on any media.

4.3.3 Transfer the received works to third parties involved in the preparatory and filming process for the use of photographs in their portfolio.

5. RESPONSIBILITY OF THE PARTIES

5.1 In case of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Republic of Belarus.

5.2. The presence of noise in the photo, blurred elements is not a marriage, if it was conceived by the Photographer.

5.3. The choice of composition when placing objects in the frame is the creative vision of the Photographer and cannot be a marriage.

5.4. The client's subjective assessment of his image in the received images, in the absence of a technical defect, is not the subject of discussion and the basis for making claims for the work performed. (Categories of judgments — «I don't like myself», «I'm not beautiful here»).

6. VALIDITY PERIOD AND MODIFICATION OF THE TERMS OF THE OFFER

6.2. The Contractor reserves the right to amend the terms of the Offer or withdraw the Offer at any time at its discretion.

7. FORCE MAJEURE

7.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under this agreement, if this non-fulfillment was the result of force majeure circumstances. Force majeure circumstances are understood to mean circumstances that arose after the conclusion of this agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Such circumstances include: flood, fire, earthquake or other natural phenomena, as well as wars, military actions, acts or actions of state bodies, and any other circumstances beyond the reasonable control of the Parties.

8. PHOTOGRAPHER'S DETAILS

IP SHABLOVSKAYA EKATERINA DMITRIEVNA UNP 692195671
Legal and postal address: 223053, MINSK REGION, MINSK DISTRICT, VALERYANOVO VILLAGE, BOROVAYA STREET, 21