1. Scope and Acceptance of Terms
These Terms & Conditions govern photography services provided by Photoklicker Photography, based in Dehradun, Uttarakhand, India.
By booking, commissioning, or using our photography services, clients agree to the terms applicable to their booking, provided those terms have been appropriately communicated and accepted.
Bookings may be initiated or confirmed through our website, telephone calls, WhatsApp, email, social media, written agreements, or other mutually accepted communication channels.
The specific services, deliverables, fees, timelines, and any special arrangements shall be determined by the agreement reached between Photoklicker Photography and the client.
Any additional terms or special conditions agreed upon for a particular assignment shall be considered alongside these Terms & Conditions, subject to applicable law.
2. Booking, Payment and Confirmation
A photography booking may be initiated through written, electronic, or verbal communication between Photoklicker Photography and the client.
A booking may be considered confirmed when the parties have agreed on the essential details of the assignment, including the services, date, fees, and applicable booking conditions. Where an advance payment or full payment is required, the applicable payment terms shall also apply.
Payments made by the client may serve as evidence of a booking or agreement for the photography services identified in the transaction and related communications.
However, payment alone does not constitute blanket consent to every possible capture, retention, publication, or disclosure of a person’s photographs. Permission for photography, the nature of the agreed session, and any authorisation for portfolio or promotional use shall be assessed according to the circumstances and applicable law.
3. Photography Sessions and Client Participation
Photoklicker Photography provides photography services according to the scope of the assignment agreed upon with the client.
Depending on the booking, a session may involve portraits, candid photographs, engagement photography, pre-wedding photography, wedding photography, romantic poses, or other mutually agreed photographic activities.
Clients are encouraged to communicate their preferences, boundaries, and any restrictions concerning poses, locations, or the nature of the photographs before or during the session.
Where the client knowingly commissions a particular type of photography and voluntarily participates in the agreed session, that conduct may be relevant to establishing the scope of the photography services authorised by the client.
Photoklicker Photography shall not interpret participation in a general photography session as unrestricted permission to undertake materially different activities or capture images outside the agreed scope.
Clients may communicate a request to discontinue a pose or activity at any time. Such requests shall be respected, subject to reasonable practical considerations and applicable law.
4. Image Usage and Promotional Publication
Photographs may be created and delivered for the purposes agreed upon in the relevant booking, including client viewing, image selection, album preparation, and delivery of the agreed photographic products.
Photoklicker Photography may also seek permission to display selected photographs in its professional portfolio, website, social media accounts, advertisements, or other promotional materials.
Permission to undertake a photography session or to deliver photographs to a client shall not, by itself, constitute unrestricted permission to publish those photographs for promotional purposes.
Where promotional use requires the client’s permission, Photoklicker Photography shall obtain appropriate authorisation before publication. Such authorisation may be documented through a written agreement, an electronic communication, or another legally valid method appropriate to the circumstances.
Any permission granted shall be interpreted according to its scope and the circumstances in which it was provided. Permission to use selected photographs shall not automatically extend to every photograph captured during the session.
Photoklicker Photography shall exercise particular care when considering photographs depicting intimate, private, or otherwise sensitive personal moments.
Photographs that clients have expressly requested to remain private shall not knowingly be published for promotional purposes without further appropriate authorisation, unless disclosure is otherwise permitted or required by applicable law.
5. Romantic and Private Photography
Pre-wedding, engagement, and couple photography may include romantic poses, embraces, kissing, and other personal expressions mutually agreed upon by the participants.
Photoklicker Photography shall conduct such sessions professionally and respect the participants’ expressed boundaries and privacy preferences.
Clients are encouraged to communicate any specific restrictions concerning the capture, storage, selection, delivery, or publication of personal photographs before the session.
The creation of romantic photographs for a client’s personal use does not automatically authorise their publication on public websites, social media platforms, or promotional materials.
Photoklicker Photography shall not knowingly disclose private photographs outside the agreed purposes without appropriate authorisation or another lawful basis.
Where a photograph depicts more than one identifiable person, any required permission for its intended use shall be assessed in light of the circumstances, the rights of the persons depicted, and applicable law.
6. Photograph Delivery and Digital Access
Photoklicker Photography may deliver photographs through online galleries, cloud storage, digital transfer links, email, or other suitable methods.
The applicable access arrangements shall depend on the delivery method selected.
Where a gallery or folder is accessible through a shareable link, anyone who obtains that link may be able to access the photographs, subject to the platform’s permissions and technical controls.
Clients should avoid sharing access links with persons who are not authorised to view the photographs.
Photoklicker Photography will take reasonable measures to restrict access to photographs under its control and will use appropriate access arrangements in light of the nature of the material and the services being provided.
No digital storage or transmission method can be guaranteed to be completely secure. Photoklicker Photography cannot guarantee that copies already downloaded, captured, or obtained by unauthorised persons will be recoverable or removable from devices and platforms outside its control.
These limitations do not exclude any responsibility that may arise under applicable law.
7. Confidentiality and Unauthorised Disclosure
Photoklicker Photography recognises the importance of maintaining the confidentiality of client photographs and personal information.
Photographs shall be handled according to the agreed services, applicable permissions, and reasonable security measures.
Clients who believe that their photographs have been accessed, disclosed, or circulated without authorisation are encouraged to contact Photoklicker Photography promptly.
Where appropriate, we may review available access records, restrict access to relevant galleries, preserve relevant information, and take reasonable steps within our control to investigate and address the reported incident.
Clients are encouraged to provide relevant information, such as screenshots, URLs, dates, and details of where the photographs appeared.
Photoklicker Photography will assess reported incidents on their individual facts. We will not assume that a particular person is responsible without an adequate basis for doing so.
Where necessary, the matter may be referred to the relevant platform, legal adviser, or competent authority.
Nothing in this section excludes responsibility for any act or omission for which Photoklicker Photography is legally accountable.
8. Client Responsibilities
Clients are responsible for communicating their requirements, preferences, and restrictions accurately before and during the photography session.
Where a client requests photographs involving another identifiable person, the client should ensure that the necessary permissions for the requested photography and intended use have been obtained, where required by applicable law.
Clients should review the agreed deliverables, provide accurate booking information, and use digital delivery links responsibly.
Clients must not knowingly misrepresent the permissions granted by another person or use photographs in a manner that unlawfully infringes another person’s rights.
Nothing in these Terms & Conditions transfers to the client any legal responsibility that belongs to Photoklicker Photography or another party under applicable law.
9. Complaints and Privacy Incidents
Clients may contact Photoklicker Photography through the official contact details published on our website to report concerns regarding photography services, image usage, confidentiality, or suspected unauthorised disclosure.
We encourage clients to provide relevant details and supporting information so that the matter can be assessed accurately.
Photoklicker Photography will review the available information and consider appropriate action in light of the circumstances, the evidence, and applicable law.
Where an incident involves third-party platforms or persons outside our control, our ability to identify the source of disclosure or remove distributed copies may depend on the available evidence and the cooperation of the relevant parties.
A report of an incident will be assessed on its merits. The existence of a complaint does not, by itself, establish the identity of the person responsible or determine legal liability.
10. Liability and Legal Rights
Photoklicker Photography will perform the agreed services with reasonable professional care and will take reasonable measures to protect client photographs and personal information under its control.
Photoklicker Photography does not guarantee that third-party platforms, online storage providers, or external communication services will remain free from security incidents or unauthorised access.
Responsibility for any loss, disclosure, or misuse of photographs shall be assessed according to the circumstances, the available evidence, the applicable contractual terms, and Indian law.
Nothing in these Terms & Conditions excludes or limits liability, consumer rights, privacy rights, or other remedies to the extent that such exclusion or limitation is prohibited by applicable law.
11. Governing Law and Jurisdiction
These Terms & Conditions and the contractual services provided by Photoklicker Photography shall be governed by the laws of India.
Subject to applicable law, the courts of competent jurisdiction in Dehradun, Uttarakhand, shall have exclusive jurisdiction over disputes arising out of or in connection with the contractual services provided by Photoklicker Photography, provided that such courts are otherwise legally competent to adjudicate the dispute.
Nothing in this clause shall exclude or restrict any jurisdiction, remedy, or statutory right that cannot lawfully be excluded or restricted by agreement.
