Terms & Conditions
By booking a photo session with Noemie Deveaux Photography ("the Photographer"), the Client agrees to the following Terms and Conditions:
1. Booking & Payment
1.1. Agreement Overview
This agreement ("Agreement") is made between Noemie Deveaux Photography ("Photographer") and the client ("Client") for the purpose of providing photography services.
By booking a session, the Client agrees to these terms and conditions.
1.2. Payment Method:
Payments can be made through:
- Cash in Euro.
- Bank transfer to my Garanti Bank euro (€) account (Noemie Claire Deveaux - Iban: TR24 0006 2000 1520 0009 0807 66)
- Bank transfer to my Garanti Bank dollar ($) account (Noemie Claire Deveaux - Iban: TR30 0006 2000 2260 0009 0799 00)
- Wise, Revolut or else to my French bank account (euros only). The Photographer will provide their info directly to the Client who chooses that option.
- Western Union to my French bank account (euros) or to my Turkish bank euro account (euros only). The Photographer will provide their info directly to the Client who chooses that option.
The Client must inform the Photographer of the payment method they choose before making any payment, to make sure there will be no extra fees.
If there is extra fees that lower the amount received by the Photographer, the Client will be requested to pay them to the Photographer in TL by money transfer to their turkish bank account.
1.3. Session Fees & Non-Refundable Deposit:
The fee for the 2-hour session is 497€. The fee for the 1-hour session is 300€ (only available in fall & winter).
These amounts are subject to changes at any time & without prior announcements.
A retainer of 30% of the fee is required upon booking to confirm your session: 150€ for the 2h-sessions & 90€ for the 1h-sessions.
The remaining balance is due on the day of the session.
2. Session Duration & Location
2.1. Session Duration:
Sessions are typically 2 hours in length.
In Fall & Winter, I may offer short sessions to keep things simple & comfortable when the weather isn’t photo-friendly.
2.2. Location:
Sessions will be held on locations as agreed during the session’s preparation.
This preparation is done by the Photographer & the Client, based on the Client’s wishes, the Photographer’s experience & knowledge of the city of Istanbul & what is currently possible & safe for everyone.
The Photographer is not responsible if a location does not fulfill the Client’s expectations due to unexpected changes of the location (public works for example) and will do her best to find a suitable alternative as fast as possible.
2.3. Late Arrivals:
Sessions will start and end at the scheduled time. If the Client arrives late, the session will still end at the scheduled time. No extensions or refunds are provided for late arrivals.
If the Client arrives too late to ride a ferryboat as planned, the Photographer can’t be held responsible for the outcome of the session.
3. Rescheduling & Cancellations
3.1. Rescheduling:
The Client may ask to reschedule the time of their session with at least a 2 week notice.
The Photographer will attempt to accommodate rescheduling requests, but it is subject to availability.
If the Client wants to reschedule twice, the additional fee is 50€.
3.2. Cancellation:
If the Client needs to cancel their photo session, they must notify the photographer as soon as possible. Cancellations of the session will be subject to the following fees:
Earlier than 72h before the session: Full refund of any payments made, minus the non-refundable deposit.
72 hours & less before the session: 50% of the total session fee will be forfeited (30% as the deposit + 20% of the session fee: 250€ for a 2h-session & 150€ for a 1h-session).
No-Show: If the Client fails to show up for the scheduled session or cancels on the day of the session, the full session fee is due and non-refundable.
No rescheduling will be allowed in the case of a no-show.
The non-refundable retainer is always retained, regardless of the cancellation time.
3.3. Transfer to a third party:
In case of cancellation, it’s possible to transfer the booking to a third party. The Client will have to find them & they will be expected to have read & accepted the Terms & Conditions.
It is the Client’s responsability to informe the Photographer & the transfer of the booking & to make sure the third party get in touch with the Photographer.
3.4. Photographer Cancellation:
In the rare event that the Photographer must cancel due to unforeseen circumstances, the session will be rescheduled or a full refund will be provided.
3.5. Alternative Arrangements:
If rescheduling is not possible, the Photographer will make reasonable efforts to provide alternative options, such as recommending another photographer or offering a refund, but cannot guarantee the availability of these options.
3.6. Weather & Force Majeure
Weather: For outdoor sessions, the Photographer will make every effort to assess weather conditions in advance. If adverse weather conditions (e.g., rain, snow, extreme heat) are expected, the Photographer may suggest rescheduling, and no penalty will apply if the session is rescheduled due to weather.
The 2-hour session can be switched to an 1-hour session too.Force Majeure: In the event of a force majeure (e.g., natural disasters, illness, government restrictions, etc.), the Photographer reserves the right to cancel or reschedule the session. In such cases, the Client will be given the option to reschedule at no extra charge or receive a full refund, depending on the circumstances.
4. Copyright & Usage Rights
4.1. Ownership of Images
The copyright of the photographs remains with the person who creates the work. From the moment an image is captured, all photographs created by the Photographer are protected by copyright law and remain the exclusive intellectual property of the Photographer.
The Photographer retains the exclusive rights to determine how the images may be displayed, reproduced, distributed, or used. The Photographer is also the only person authorized to make alterations, edits, or modifications to the photographs.
As the Photographer’s name and artistic reputation are associated with the images, the Photographer reserves the right to maintain full control over the final appearance and integrity of their work, ensuring that the photographs remain consistent with the style and quality for which the Client commissioned the Photographer.
4.2. Client Use of Images
Upon delivery of the final images, the Client receives a personal use license for the photographs purchased from the Photographer. This license allows the Client to download, store, print, and share the images for personal, non-commercial purposes, including sharing on personal social media accounts, provided that the Photographer’s work is credited whenever possible.
The Client may not sell, license, submit, publish for commercial purposes, alter, edit, apply filters, add AI modifications, or otherwise create derivative works from the photographs without the prior written permission of the Photographer.
The Client may not remove any watermark, copyright notice, or metadata attached to the images, nor may they claim ownership of the photographs. Any use of the images beyond the rights granted in these Terms & Conditions requires the prior written authorization of the Photographer.
4.3. Artificial Intelligence (AI) Use
The Client is not permitted to upload, submit, or use the photographs provided by the Photographer, or any images displayed in the online gallery, with artificial intelligence tools or platforms.
This includes, but is not limited to, using AI to modify, enhance, retouch, transform, generate new images, create derivative works, alter the appearance of individuals, or process the photographs in any way through AI-based technology.
The Client is also prohibited from using the Photographer’s images for the training, development, or improvement of artificial intelligence systems or databases.
The photographs delivered by the Photographer must be respected as the original artistic work created by the Photographer.
4.4. Screenshots
The Client is strictly prohibited from taking screenshots of the online gallery or using screenshots of the images displayed in the gallery. The images presented in the gallery are the property of the Photographer and are provided for selection purposes only. Screeshots are unauthorized copy of the image previews.
The Client may choose to purchase either the selected collection of 25 images (or 15 images for shorter sessions) or acquire the full gallery, according to the options offered by the Photographer.
Screenshots, screen recordings, or any other unauthorized reproduction of the images displayed in the gallery are not permitted and do not constitute a valid acquisition of the photographs.
4.3. Usage Rights
The Client is granted a personal, non-exclusive license to use the delivered digital images for private, non-commercial purposes only. This includes printing the photographs, sharing them on personal social media accounts, and creating personal keepsakes such as albums or gifts.
The Client may not claim authorship or ownership of the photographs, as the copyright and all intellectual property rights remain with the Photographer.
4.4. Commercial Use
Any use of the photographs for commercial purposes, including but not limited to advertising, marketing materials, professional websites, publications, product promotion, or any business-related use, requires the prior written consent of the Photographer and may be subject to additional licensing fees.
The extent of commercial usage rights granted will be determined on a case-by-case basis and agreed upon in writing between the Photographer and the Client.
4.5. Social Media Sharing
The Client is welcome to share the delivered photographs on their personal social media accounts. When sharing images, the Client is kindly requested to credit the Photographer by tagging @noemie_deveaux_portraits.
To preserve the artistic integrity and consistency of the Photographer’s work, the Client is requested not to apply filters, alter, retouch, or modify the images. Cropping should also be avoided whenever possible, unless necessary for the format of the platform being used.
4.6. Online presence:
If the Client does not want to have their portraits shared online, they have to notify the Photographer by email. Without any notification before the session, the Photographer consider all the images can be shared online to promote their work.
5. Deliverables & Turnaround Time
5.1. Number of Images:
The number of images delivered will vary depending on the session and package purchased.
On average, you will receive around 70 -80 fully processed images for a 2-hour session & around 40 for a 1-hour session.
The Client will choose 25 portraits among the ones received on their private online gallery for the 2-hour session (15 portraits for the 1-hour session).
The Photographer will make a special offer to give the Client access to the full set of portraits.
5.2. Selection & access to your files:
The selection of 25 (or 15) portraits has to be done by creating a list of favorites. It’s an easy process & the Photographer is here to help the Client if there’s any issue with this process.
Once the selection is made or the offer for the full set of portraits accepted & paid, the files will be downloadable.
5.3. Processing:
The Photographer will provide professional processing to all images delivered, which may include color correction, cropping, and light retouching.
The Photographer will not deliver any Raw files.
The processing style of the Photographer is displayed on their website. The Photographer will not accept to create another style of images & will not take into consideration any complain about the style.
5.4. Delivery Time:
Processed images will be delivered within a maximum of 3 weeks after the session via the Client’s private online gallery, sent by email.
5.5. File Storage:
The Client’s files will be stored for 6 months. After that period, the Photographer is not responsible for the storage or availability of the Client’s files.
The Client is responsible for saving their files on high resolution on hard drives & clouds & can’t count on the photographer to access them after 6 months.
6. Client Responsibilities
6.1. Behavior:
The Client agrees to behave respectfully during the session. The Photographer has the right to terminate the session without a refund if the Client or any participant behaves inappropriately.
6.2. Wardrobe & Props:
The Client is responsible for providing their own wardrobe and props unless otherwise agreed upon.
Please communicate any special requests in advance.
6.3. Children & Pets:
If children or pets are part of the session, the Client is responsible for their supervision and safety.
7. Liability
7.1. Limitation of Liability:
The Photographer will take all reasonable care when handling clients, equipment, and locations. However, the Photographer is not liable for any accidents, injuries, or damages occurring during the session.
7.2. Force Majeure:
The Photographer will not be held liable for any failure to perform their obligations due to circumstances beyond their control, such as weather, illness, or other emergencies.
8. Miscellaneous
8.1. Amendments:
The Photographer reserves the right to amend or update these Terms and Conditions at any time.
8.2. Entire Agreement:
These Terms and Conditions represent the entire agreement between the Photographer and the Client. No oral statements or prior written material will have any force and effect.
