Terms & Definitions

For mutual understanding and agreement purposes:

“Freelance Photographer” / “Photographer” refers to Jesmar Zammit, trading as Jesmaraw Photographic Design.

“Visuals” means any images and any visual content furnished by Jesmaraw Photographic Design, whether photographs, prints or another type of physical or electronic material”.

Ownership of Materials & Copyright Privileges

The entire copyright, title, and intellectual property rights of any visual material will remain that of Jesmar Zammit - herein referred to as 'The Photographer' at all times throughout the world.

The visual images herein presented on this website are uploaded in low resolution for the sole purpose of promotion. Any downloaded copies through various applications, as well as screenshots of the images in this website, or any other platforms pertaining to Jesmaraw Photographic Design, without the written consent of Jesmar Zammit, will be considered theft as per Chapter 9 of the Criminal Code under the Laws of Malta.

Right to a Credit

The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) Credit to be given to ‘Jesmaraw Photographic Design’.

Usage of Visuals

Images/visuals are to be used as agreed at the time of booking and at the time of the fee agreed in writing.

The license to use is limited to the use and period of time specified in the agreement by email in return for the submission of quote information on Jesmaraw Photographic Design website 'contact form' and no other use may be made of the images/visuals without Jesmar Zammit written permission/consent.

An agreement in writing must be reached with Jesmar Zammit before Images are used for any other purpose or after the license to use has expired.

Manipulation of the Images or use of only a portion of Image may only take place with the written consent of the Photographer.

When the license to use has expired an additional charge has to be agreed with the photographer for extended usage.

Rights of Visuals Exclusivity

The usage rights granted are personal to the Client and may not be assigned, nor may any image/visuals submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).

The Photographer reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.

The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

Client Confidentiality

The Photographer is bound by the General Data Protection Regulation (EU) 2016/679 (GDPR) & Data Protection Act (Chapter 586, Laws of Malta) to reserve any confidential visual data and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work assigned.

Bookings

Clients are requested to first submit their contact information through the 'Contact Me' page.

Thereafter we can set a meeting and fill out a booking form ( online or hardcopy ).

Upon completion of the booking form, The Photographer will send an email as confirmation. The booking shall then be considered as Confirmed and shall include a specific time and date. Jesmaraw Photographic Design shall issue an official Invoice to the client upon confirmation.

The Photographer will not book any other work from other clients for those times and dates unless the booking has been canceled or postponed.

Cancellation or Postponement by the Client

A cancellation fee will be charged to the client according to the following schedules, if the client cancels subsequent to the confirmation of booking:

(i) - When a client cancels photography within less than 7 working days of any confirmed date/time, a fee of 20% of the booking service fee will be charged.

(ii) - When a client cancels photography within less than 48 hours of any confirmed date/time, a fee of 50% of the booked service fee will be charged.

(iii) - When a client cancels photography less than 24 hours of the confirmed date/time, the 100% full fee will be charged.

A fee shall be charged at the discretion of the Photographer, if subsequent to the confirmation of the booking it is postponed by the client.

Such fee may not be due if the booking is replaced by another on the agreed day and time. In addition, the client may be charged for any other expenses incurred by The Photographer as a result of cancellation or postponement.

Cancellation by the Photographer ( Jesmar Zammit )

The Photographer will endeavour to put the Client in touch with another photographer in the event that The Photographer is unable to attend on the booked date and time due to any cause beyond his reasonable control e.g. , injury, sudden illness, victim of crime, traffic accidents, covid19 sudden restrictions, sudden failure or sudden damage to photographic equipment etc.

In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure due to bad maintenance on photographic equipment or unprofessional work or late for appointment with client or dismissal without any valid reason, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.

Rejection of Visuals by the Client

Unless a rejection fee is agreed in advance between both parties, there is no right to reject the Images on the basis of style or composition.

Charges and Timings

If The Photographer provides a Quote to The Client, the fee will be charged at that agreed rate. The Photographer (Jesmar Zammit ) generally requests a brief at the time of booking (via email or verbally).

Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.

If the Client changes the length of the job, the fee will increase as per the agreed hourly rate. The Client is charged from the time stipulated in the reservation of the booking. If the Client is delayed or running late and the job runs into extra time, again the fee will increase as per the agreed hourly rate. The Photographer will make the Client aware of timings and should the work run into extra time he will advise the client accordingly together with the associated costs. There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.

If it becomes apparent when the job starts that it is a much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase.

If the Photographer is unable to contact the client/payer of invoice at that time, work will stop until contact has been made and a new agreement has been made clear.

On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.

If on arrival at a booked photographic session there is an issue (outside of the Client or Photographer’s control) such as bad lighting or any restrictions which are in use of where the shoot is taking place, a fee may be charged to cover time.

Delivery of Visuals

The Photographer shall seek to deliver the visuals at the earliest possible. However busy periods may delay such delivery.

Payment Terms

Payment terms are strictly 15 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing;

The Photographer reserves the right to charge interest at the rate prescribed by the Commercial Code (Law of Malta, Chapter 13) if payment is made due after the 15 day payment time window.

If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 15 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of the said debts.

Liability and Indemnity

It is the Client him/herself who must ensure that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture.

In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.

Archiving of Images

All final images will be stored and archived by The Photographer for 1 year. If archived photographs are required after that time or additional storage time is required an admin fee may be charged. If the images stored in the archive are lost or stolen, then The Photographer is not liable beyond 1 year of storage.

If such loss occurs within 1 year, The Photographer is liable to the cost of the originals and shall return back the original fee. The photographer reserves the right to delete or dispose of all the image of a Client only in the case of a pursuit in court in correspondence of a non-paid Invoice/s to the Photographer.

Applicable Law

These Terms & Definitions and Policies shall be governed by the Laws of Malta.

Variations

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.