These terms apply to all photography assignments agreed with Plonski Photo & Software, business reg. no. 935 593 379 (the "Photographer"). By submitting the booking request, the customer accepts these terms. They form the agreement between the parties together with the confirmed booking. The Norwegian version prevails in case of discrepancy.
Special terms apply to wedding photography. See section 10 further down this page.
A submitted booking request is not in itself a binding agreement, carries no payment obligation and does not reserve the date. The Photographer sends a written confirmation by email stating date, time, duration, location and the agreed price. The agreement is entered into when the customer has confirmed this in writing.
The Photographer may decline a request without giving reasons. The customer must be 18 years or older, or have consent from a guardian.
Once the booking is confirmed, the customer may cancel or reschedule free of charge up until 24 hours before the agreed start time. Cancellation or rescheduling must be sent in writing to filip@filipphoto.com.
If the customer cancels later than 24 hours before the agreed start time, or does not show up, 50 % of the agreed price will be invoiced. This is an agreed sum covering the Photographer's lost income and costs incurred because the time slot was reserved and cannot be resold.
Arriving more than 30 minutes after the agreed start time, without prior agreement, is treated as a no-show.
For wedding assignments, section 10 applies instead of this section.
If the Photographer has to cancel, a new time will be offered. If the customer does not want a new time, any amount already paid is refunded in full, and the customer has no claim beyond this.
Outdoor shoots may be rescheduled free of charge by either party if weather conditions make the shoot unsafe or clearly unsuitable. Neither party is liable for circumstances outside their control, including illness, accident, official orders or extreme weather.
The price is stated in the confirmed booking. Once the booking is confirmed, the customer has a binding obligation to pay in accordance with these terms.
Payment is made after the shoot, either by Vipps or by invoice with 14 days due date. Late payment accrues interest under the Norwegian Late Payment Interest Act and reminder fees under the Debt Collection Regulations. Unpaid claims are sent to a debt collection agency.
The deliverable is photography and editing carried out according to the Photographer's professional and artistic judgement. Subjective dissatisfaction with the photos, such as the customer not liking their own appearance or the editing style, does not give the right to withhold payment, demand a price reduction or demand a reshoot. This does not limit the customer's mandatory consumer rights in the event of an actual defect, for example if the photos are not delivered or are technically unusable.
Travel outside Oslo is invoiced in addition, as stated in the booking form and confirmed by email. All prices to consumers are stated including VAT where VAT applies.
For wedding assignments, the payment provisions in section 10 take precedence over this section.
The number of finished, edited photos is stated in the confirmed booking. Photos are delivered digitally for download. The Photographer selects which photos are edited and delivered. Unedited files and RAW files are not part of the delivery and are not handed over.
The Photographer stores the files for at least 90 days after delivery. The customer is responsible for downloading and backing up the photos within that period.
The Photographer holds the copyright to the photos under the Norwegian Copyright Act. The customer receives a non-exclusive, perpetual right to use the photos privately, including sharing on their own social media.
Commercial use, resale or licensing requires a separate written agreement. The photos must not be altered with filters, substantial cropping or other editing that changes their expression, without the Photographer's consent.
The Photographer may use the photos in their own portfolio, website and social media for marketing, unless the customer has objected to this in writing. The customer may withdraw their consent in writing at any time, and the Photographer will then avoid further use of the photos. Publication of images of people follows section 104 of the Copyright Act.
Personal data such as name, email, phone number and details of the assignment are processed in order to carry out and administer the booking, and to comply with accounting obligations. The legal basis is performance of a contract and legal obligation under the GDPR.
Accounting documentation is retained for five years under the Norwegian Bookkeeping Act. The customer may at any time request access, correction or deletion by contacting filip@filipphoto.com.
The Photographer's total liability is limited to the agreed price for the assignment. The Photographer is not liable for indirect losses. This limitation does not apply in cases of intent or gross negligence.
The customer is responsible for their own belongings during the shoot, and for ensuring that any other participants, including children, have the necessary consent to take part.
Complaints about the delivery must be submitted in writing to filip@filipphoto.com within a reasonable time after the issue was discovered. The parties shall attempt to resolve any disagreement amicably. Consumers may bring the matter before the Norwegian Consumer Authority or the Consumer Disputes Commission.
The agreement is governed by Norwegian law. The venue is Oslo District Court, unless mandatory consumer protection rules give the customer the right to another venue.
For wedding assignments, this section takes precedence over sections 2 and 4 where they conflict. The other sections apply to weddings as well. "Total" means the agreed price for the confirmed package, excluding any travel fee.
A wedding date request is non-binding and does not reserve the date. The Photographer sends a written confirmation with the agreed package, date and price. The agreement is entered into and becomes binding when the customer has confirmed this in writing. Once the agreement is entered into, a deposit of 10 % of the total is payable, due within 14 days. The date is finally reserved once the deposit is registered as paid.
The deposit is deducted from the final invoice when the wedding takes place as agreed.
The customer may cancel free of charge for 30 days from the date the agreement is entered into. If the deposit has already been paid, it is refunded in full when cancelling within this period.
If the customer cancels after the 30 days but earlier than one month before the wedding, the 10 % deposit is retained as compensation for the date having been reserved. Nothing further is invoiced.
If the customer cancels less than one month before the wedding, 50 % of the total is invoiced. The deposit is not deducted from this amount. The total cost of cancelling in this period is therefore 60 % of the total. This is an agreed sum reflecting that the date was reserved and cannot be resold at such short notice, based on the Photographer's foreseeable loss.
The wedding date may be moved once without a fee to another date the Photographer has available, provided written notice is given at least one month before the original date. The deposit is transferred to the new date.
The final invoice is sent after the wedding with 14 days due date. Travel and any overnight stay are agreed in writing before the agreement is entered into and come in addition to the total.
Outdoor photography is carried out in rain as well. If the weather prevents part of the schedule, the shoot is adapted together with the customer within the agreed time frame. This does not give a right to a price reduction.
If the Photographer has to cancel due to illness or other absence, the Photographer assists in finding another photographer and refunds everything paid, including the deposit. The customer has no claim beyond this, cf. section 8.
Plonski Photo & Software, business reg. no. 935 593 379, Oslo, Norway. Email: filip@filipphoto.com.
