Terms of Service

Last updated: June 2025

Welcome to my website. By booking a service, browsing this website, or engaging with my photography or videography offerings, you agree to the following Terms of Service. These terms are designed to protect both you (the client) and me (the artist) and to ensure we have a smooth and professional collaboration.

1. Services Offered

I offer photography and videography services for individuals, couples, and brands.

By booking a session, you confirm that you are familiar with my style and trust my creative direction. While your input is welcome, the final artistic decisions (composition, styling, editing) remain at my discretion.

2. Booking & Payments

  • A non-refundable retainer (typically 30–50%) is required to secure your session date.

  • The remaining balance is due 7 days prior to the session.

  • Accepted payment methods: bank transfer, Revolut, PayPal.

  • Bookings are not confirmed until the retainer is received.

  • Late payments may result in cancellation or delay of services.

3. Client Punctuality & Late Policy

  • If you are late to your session, the time lost will be deducted from your scheduled session.

  • If you wish to continue beyond the originally booked time, an additional fee per started hour will apply.

  • If you are more than 30 minutes late, this is considered a no-show. I reserve the right to leave, and no refund will be issued.

4. Cancellation & Rescheduling

  • You may cancel up to 7 days before the scheduled session. No additional fee will apply, but your retainer remains non-refundable.

  • If you cancel less than 7 days prior, it is considered a last-minute cancellation, and no refund will be given.

  • Full payment is due 7 days before the shoot. If payment is not received by this deadline, I reserve the right to cancel the session.

  • Clients may reschedule one time, free of charge, subject to my availability. Additional rescheduling requests may incur a fee.

  • In the event of bad weather, a complimentary reschedule is offered depending on my availability. I will determine if rescheduling is necessary.

  • If you are unable to reschedule due to personal time constraints, no refund will be issued.

  • If I (the photographer) must cancel due to illness, emergency, or valid personal reasons, you will receive a full refund or a rescheduled date, depending on your preference.

5. Deliverables

  • After your session, you will receive a digital gallery of unedited preview images. These are the best images from your shoot, curated by me, and provided for the purpose of selecting your final edits.

  • Based on your package, you may choose a set number of favorites for professional editing (e.g., 10, 20, 40 images).

  • You have 30 days from the date of gallery delivery to select your favorites. If no selection is made within that time frame, the editing portion of the service will be considered fulfilled, and no further obligation to edit or deliver additional images will remain.

  • Your edited gallery will remain online and accessible for 3 months after delivery.

  • After this period, the gallery will be taken down, and all files may be permanently deleted from my system.

  • It is the client’s sole responsibility to download and back up all final files. I do not guarantee long-term storage or backups after successful delivery.

  • RAW files will not be provided, unless agreed upon in writing for an additional fee.

  • Additional retouching requests or edits beyond what is included in your package may incur extra charges, depending on complexity and time involved.

6. Creative Rights & Usage

  • I retain full copyright and authorship of all created works.

  • You receive a non-exclusive, non-transferable license to use the content for personal use only (e.g., social media, printing, private galleries).

  • Commercial use (e.g., branding, advertising, promotional use) requires a separate licensing agreement and must be requested before the shoot.

  • I reserve the right to use all created work for portfolio, website, and promotional purposes, unless you explicitly opt out in writing prior to the session.

7. Client Responsibilities

  • You are responsible for arriving on time and being prepared. Time lost due to lateness, disorganization, or lack of preparation will not be compensated.

  • You are responsible for obtaining any necessary location access, permits, or permissions unless otherwise arranged with me.

  • If you have specific shots or moments you want captured, these must be communicated in writing before the session. While I aim to fulfill requests, I do not guarantee any particular image or outcome.

8. Limitations of Liability

By booking with me, you acknowledge the following limitations:

  • I am not liable for missed images or footage due to client lateness, changes to the schedule, uncooperative subjects, restricted locations, or weather conditions.

  • I am not responsible for delays in delivery due to illness, emergencies, technical malfunctions, or unforeseen circumstances beyond my control.

  • While I use professional equipment and backup systems, I am not liable for data loss due to equipment failure, corruption, theft, or accidents.

  • I do not guarantee specific aesthetic outcomes, expressions, poses, or styles beyond my established portfolio.

  • I am not liable for personal injury, property damage, or loss during the session or at the chosen location.

  • In all cases, my maximum liability is limited to the total amount paid for the session. No further claims or compensation may be made.

9. Privacy & Data Protection

  • Your personal data is handled according to GDPR regulations.

  • I do not share or sell your data. It will only be used to manage your booking, communication, and delivery of services.

  • You may request access to, or deletion of, your data at any time.

10. Governing Law

These Terms are governed by the laws of Austria, and any disputes shall be resolved under the jurisdiction of the courts of Austria.

11. Right of Withdrawal – § 11 FAGG

According to § 11 of the Austrian Consumer Protection Act (FAGG), clients who book a service online, by email, or by phone normally have the right to withdraw from the contract within 14 days.

However, by booking a session with me, you expressly agree that:

  • My services begin immediately after booking, including:

    • A personalised online consultation included in your package,

    • Planning and preparation,

    • A style guide tailored to you,

    • Location and wardrobe recommendations.

  • These services constitute the start of the contract.

Therefore, in accordance with § 18 Abs. 1 Z 1 FAGG, your 14-day right of withdrawal is waived.

You will be asked to confirm this waiver in writing or via checkbox during booking. Without this confirmation, your booking cannot be processed or fulfilled.

Questions?

I’m here to make sure everything is clear. If you have any questions before booking, just reach out via email at info@milabuchelli.com