Welcome to Binoka Nadiranga Photography. These Terms and Conditions govern your use of our website and photography services. By accessing our website or booking our services, you agree to be bound by these terms. Please read them carefully.
1. Acceptance of Terms
By accessing and using this website or engaging our photography services, you accept and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these terms, please do not use our website or services.
2. Services Provided
Binoka Nadiranga Photography offers professional photography services including, but not limited to:
- Portrait Photography
- Fashion Photography
- Commercial Photography
- Creative Art Photography
- Food Photography
- Product Photography
- Event Photography
Specific details of each service will be outlined in individual service agreements or contracts.
3. Booking and Reservations
3.1 Booking Process
To book a photography session, clients must:
- Contact us through our website, email, or phone
- Provide necessary details about the desired service
- Agree to the specific terms of the booking
- Pay the required deposit or full payment as specified
3.2 Deposits and Payments
- A non-refundable deposit (typically 30-50% of the total fee) is required to secure your booking
- The remaining balance is due on or before the session date, unless otherwise agreed
- Payment can be made via bank transfer, cash, or other agreed methods
- All prices are in Sri Lankan Rupees (LKR) unless otherwise stated
3.3 Cancellations and Rescheduling
- By Client: Deposits are non-refundable. Cancellations made less than 7 days before the session will forfeit the full payment
- By Photographer: In the unlikely event we need to cancel, you will receive a full refund or the option to reschedule
- Rescheduling: Requests to reschedule must be made at least 48 hours in advance. One free reschedule is permitted; subsequent changes may incur additional fees
4. Copyright and Image Usage
4.1 Copyright Ownership
All photographs and creative work produced by Binoka Nadiranga Photography remain the intellectual property and copyright of the photographer unless explicitly transferred in writing through a separate agreement.
4.2 Client Usage Rights
Upon full payment, clients receive a personal, non-exclusive license to use the delivered images for:
- Personal use (printing, sharing with family and friends)
- Social media (with credit to Binoka Nadiranga Photography appreciated)
4.3 Commercial Usage
Commercial use of images requires a separate commercial license agreement and additional fees. Unauthorized commercial use may result in legal action.
4.4 Photographer's Portfolio Rights
Unless explicitly agreed otherwise, Binoka Nadiranga Photography reserves the right to use images from your session for:
- Portfolio display on our website
- Social media marketing
- Promotional materials
- Photography competitions and exhibitions
If you wish to restrict this usage, please inform us in writing before the session.
5. Delivery of Images
5.1 Timeline
- Edited images are typically delivered within 2-4 weeks of the session
- Rush delivery may be available for an additional fee
- Timelines may vary during peak seasons or for complex projects
5.2 Delivery Method
Images will be delivered digitally via:
- Online gallery with download options
- Cloud storage link
- USB drive (additional fee may apply)
5.3 Image Editing
All delivered images include standard editing (color correction, exposure adjustments, basic retouching). Extensive retouching or manipulation requires additional fees and must be requested in advance.
6. Client Responsibilities
6.1 Punctuality
Clients are expected to arrive on time for scheduled sessions. Late arrivals may result in shortened session time without a refund.
6.2 Preparation
Clients should:
- Communicate their vision and expectations clearly
- Prepare appropriate clothing and props as discussed
- Ensure any location permissions are obtained (if shooting at third-party venues)
- Coordinate with makeup artists, stylists, or other vendors as needed
6.3 Behavior
Clients and their guests must conduct themselves professionally and respectfully. We reserve the right to terminate a session without refund if behavior is inappropriate or threatening.
7. Limitation of Liability
7.1 Equipment Failure
While we maintain backup equipment, in the rare event of equipment failure preventing completion of the session, our liability is limited to a full refund or complimentary rescheduling.
7.2 Force Majeure
We are not liable for failure to perform services due to circumstances beyond our control, including but not limited to natural disasters, illness, accidents, or government restrictions.
7.3 Data Loss
While we take every precaution to protect your images, we are not liable for loss of images due to technical failures, theft, or other circumstances beyond our control. We recommend clients back up their delivered images.
7.4 Third-Party Venues
We are not responsible for any damage, injury, or loss occurring at third-party venues or locations.
8. Image Storage and Backup
We retain backup copies of your images for a period of 6 months after delivery. After this period, we cannot guarantee availability of your images. Clients are responsible for their own long-term storage and backup.
9. Model Release
By participating in a photography session, clients grant permission for their likeness to be used in accordance with section 4.4 unless a written objection is provided. For commercial projects, a separate model release may be required.
10. Intellectual Property Rights
Clients may not:
- Remove watermarks or copyright notices from images
- Claim authorship of the photographs
- Sell, license, or distribute images for commercial purposes without explicit written permission
- Alter, crop, or manipulate images in a way that misrepresents the photographer's work
11. Privacy and Data Protection
We are committed to protecting your personal information in accordance with our Privacy Policy. Your data will be used solely for providing our services and will not be shared with third parties without your consent, except as required by law.
12. Website Use
12.1 Acceptable Use
When using our website, you agree not to:
- Use the website for any unlawful purpose
- Attempt to gain unauthorized access to our systems
- Download or copy images without permission
- Transmit viruses or malicious code
- Interfere with the proper functioning of the website
12.2 Intellectual Property
All content on this website, including images, text, logos, and design, is protected by copyright and other intellectual property laws. Unauthorized use is prohibited.
13. Complaints and Disputes
13.1 Complaint Procedure
If you are unsatisfied with our services, please contact us within 7 days of image delivery. We will work with you to address your concerns professionally.
13.2 Resolution
We aim to resolve all disputes amicably. If a resolution cannot be reached, disputes will be settled according to the laws of Sri Lanka.
14. Warranty Disclaimer
Our services are provided "as is" without warranties of any kind, either express or implied. While we strive for excellence, we cannot guarantee specific results or that images will meet every expectation.
15. Indemnification
Clients agree to indemnify and hold harmless Binoka Nadiranga Photography from any claims, damages, or expenses arising from:
- Client's breach of these terms
- Client's unauthorized use of images
- Claims by third parties related to the photography session
16. Amendments to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified terms.
17. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
18. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Sri Lanka. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Sri Lanka.
19. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Binoka Nadiranga Photography.
Contact Information
For questions about these Terms and Conditions or to book our services, please contact:
Binoka Nadiranga Photography
Phone: +94 (0) 714 833 987 | +94 (0) 772 400 508 | +94 71 6 841 330
Email: info@binokanadirangaphotography.com
We look forward to capturing your special moments!