Terms and Conditions

Welcome to Fotos na Mala! We are very excited to start working with you and creating memories for amazing clients! But before we get started, this is our terms and conditions form, just an overall idea of how we work and how the magic happens to the client! Please feel free to contact us if you have any questions! Thank you very much!

Use of images:

1- It is understood that all copyrights of the images captured by the photographer are owned by the photographer with limited use and to Fotos Na Mala

1.a) It is understood that the contracted photographer has copyrights of the images and may use the images captured through Fotos Na Mala in his personal portfolio but limiting the use to: his professional web site / blog photography, professional instagram of photography without tagging / identifying the customer in the image. If you use the images on your professional website, please describe that they have been photographed for Fotos na Mala. The use of the images is intended for portfolio only and they can not be used for sweepstakes and promotions and other commercial reasons other than for this purpose.

1.b) Fotos Na Mala has the right to use the photos sent by the photographers for professional, promotional and promotional use on our website and including but not limited to all current and existing social networks of Fotos na Mala.

1.c) We respect our client’s privacy, the photographer will only be able to use the photos that have been previously authorized by them. Any misuse of the images will result in the removal of the professional from Fotos na Mala and no right to use images from the shoot. Shoots that are not authorized by the clients for portfolio use will be notified to the photographer.

Delivery of photos:

1 - It is understood that the photographs taken by the photographer from Fotos na Mala must be edited and delivered to us in JPEG format via WeTransfer within 4 business days after the shoot and sent in high resolution to fotosnamala@gmail.com. Fotos na Mala is responsible for uploading and delivering the photos to the client.

1.a) The first shoot must be delivered within 2 days. After the first shoot, the photos must be delivered within 4 business days.

2) It is understood that the clients of Fotos Na Mala are mostly tourists, for this reason the photographer will deliver the photos always on time and as fast as possible so that in the event of any problem, the photographer has more chances to redo the shoot if necessary.

Contacting Customers:

1- The photographer should do the first contact with the client within 48 hours after receiving the confirmation e-mail from Fotos na Mala. The contact can be made through the email created exclusively for the photographer by Fotos Na Mala. For emergencies and quick contact we suggest using WhatsApp if possible.

2- Your personal/professional instagram or website should never be informed to the client. Each photographer has a large portfolio on our website and can always send us new photos to add to your profile. If the client has access in any way that is completely beyond your control,, it should always be explained to the client at the end of each shoot that if they share the photos on social media, that they should ONLY credit the photos as follows: "Name of the photographer from @fotosnamala”.

3 -To keep Fotos na Mala as a growing tool for photographers to live off their art, we ask all photographers that in no way "like" or leave comments on Fotos na Mala’s social media posts. Failure to comply with this will result in removal of the photographer from Fotos na Mala.

4- We also ask that you do not tag Fotos na Mala when using the photos from the shoot.

Liability and coverage:

1- The photographer will provide coverage for the date, location and time specified or previously agreed by e-mail or other form of contact with the client.

2 - The photographer agrees to contact the client within 24 hours after receiving the confirmation email with the information about the shoot. And a few days before the shoot, to confirm that everything is still correct such as meeting point, contact info on the day of the shoot and any other relevant detail.

3- The photographer agrees to contact the client and Fotos na Mala in case of problems or if there is the possibility of any delay by the photographer.

DELAY BY CUSTOMER:

1- The photographer will honor the schedule determined or agreed with the client before the shoot In case of delay by the customer, the time will be lost from the test and the photographer won’t have any responsibility to stay after the agreed time.

1.- The photographer agrees to wait at least half the time of the shoot if the client does not contact to justify the delay. After this time and no contact by the client, the photographer may leave the meeting point.

1.b- To avoid delays, we suggest that the photographer contact the client not only the day before but also on the day of the shoot to make sure that the client knows how to get to the meeting point and avoid delays.

2- In the case of a delay resulting in the cancellation of the shoot and / or early cancellation by the client, the photographer will receive 10% of the original value of the shoot if the shoot is canceled less than 15 days from the shooting date. If the cancellation occurs before 15 days, there will be no monetary compensation for the photographer.

DELAY BY PHOTOGRAPHER:

1- If for health or force of nature reasons the photographer can not get to the shoot at the stipulated time or if delayed, after contacting the client and Fotos na Mala, he / she will have the right to extend the shoot time to compensate for lost time on the same day or another day, if there is availability by the client at no additional cost to the client.

2 - There are also the following options for cancellation by the photographer in case of health or personal issues: option to re-schedule the shoot for another date, if the client agrees and has availability; or indicate a qualified professional and previously approved by Fotos na Mala to replace the original photographer.

3- In case of rescheduling due to climate change, the photographer will do his / her best to reschedule the shoot to accommodate the client. If change provides the client from having the photo session at the desired outdoor location, the photographer must suggested an indoor location. If the client doesn’t want to have the session indoors, we will cancel the shoot and the photographer will receive 5% of the package price sent to you by PayPal.

QUALITY CONTROL

1- The photographer agrees to choose the most appropriate time and place to avoid negative conditions for the client's session

2- The photos delivered to customers need to reflect the quality that customers see in the photographer's portfolio.

3- If the client is dissatisfied with the result of the shoot due to the responsibility of the photographer, the photographer agrees to return the amount paid for the shoot in full OR to reschedule a new shoot if the reason for the dissatisfaction is something that can be solved by the same photographer. Fotos na Mala will be in charge of speaking directly with the client and the photographer to solve the problem before both of the above options are taken. To avoid this problem, the shoot should be a reflection in terms of quality, technique and editing of what customers find in their portfolio.

4- In case of loss or damage of the photographs for technical reasons that are beyond the control of the photographer, all the amount received will also be returned to the client and the photographer will no longer have any responsibility with the client.

5 - The photographer is committed to deliver a work of quality that includes editing the images, good use of photography techniques and variety of poses.

PRE, DURING AND AFTER shooting:

1- The distance between places during the shoot when paid transportation is necessary is a client’s responsibility and all the time used for it will be counted as part of the shoot

2 - All remaining payment for the photographer will be done by the client on the day of the shoot in cash or other payment method of your choice (please inform us if other than cash)

3- All photos edited by the photographer must be sent by We Transfer to Fotos na Mala within 4 business days. The files must be identified with the client's name and if possible with the city and / or shoot date.

4. The photographer agrees to keep copies of the original RAW files for a minimum of one month after the shoot.

OTHER RESPONSIBILITIES OF fotos na mala:

1- Fotos na Mala is committed to making the booking process as easy as possible for the client and for the photographer, creating an individual profile and showcasing your work on our website and capturing whenever possible all the necessary information for the photographer so that when the client connects with you he/she will be aware of how everything works and you can simply share the details such as meeting point.

1.a - Fotos na Mala, you will send the photographer an email with all relevant information about the shoot such as: customer name, customer email and telephone number, type of shoot chosen, number of participants, date and amount to be paid on the day of the shoot..

2- Any change in the date of the shoot should be passed as soon as possible to Fotos na Mala so we know when to expect the photos.

OTHER photographer RESPONSIBILITIES:

1- The photographer agrees to reply to Fotos na Mala’s e-mails as soon as possible (within 24 hours) so that information requested by the client and any other questions that may arise are answered and passed on quickly and efficient to the client.

1.- The use of WhatsApp between photographers and the Fotos na Mala is preferably meant to emergencies related to the shoots, please check your e-mail daily, since this is the preferable form of contact.

PAYMENTS and amount charged:

1- The amount charged on the photographer’s profile on Fotos na Mala must be lower than what the photographer charges “outside” the website.

2- In case Fotos na Mala must do a direct payment to the photographer, as in case of cancellation or in case the client wishes to pay the full amountdirectly to Fotos na Mala, the payments will be sent via Paypal and the amount paid excludes fees that PayPal may charge and will be the responsibility of the photographer.

TERMINATION OF CONTRACT

1- If the photographer chooses to stop providing services to Fotos Na Mala, we ask that you inform us in advance as soon as possible, especially in case there are future shoots scheduled. Photographer and Fotos na Mala will work together to find a replacement for the client as soon as possible.

1.a - In the event of ending the contract with the photographer due to breaking the contract, Fotos Na Mala will no longer have any responsibility to work with the professional and will not be able to answer legally for anything before, during or after.

2- In the case of ending the contract with the photographer by decision of either party, the use of the images continues as stipulated in the first part of this contract and must be respected.

Fotos Na Mala works tirelessly to bring to our clients the best photographers and to you more clients offering a quality service with an international presence. In we find out that the client and / or photographer are negotiating something beyond what is offered or go against our ethical standards by Fotos na Mala without our consent both parties will be banned from the service provide and our website

Upon clicking on Accept, the photographer agrees with the terms above.