EikoGel LLC© All rights reserved.
Pay as you go
*Select services may vary*
At Smile Photography, we see ourselves as the bridge between the experts and the clientele for providing professional photography and videography services.
Upon using our services,
WHAT WE COLLECT AND STORE
We collect information about you during the checkout process in our store. While you visit our site, we’ll track:
When you purchase from us, information including your name, billing address, shipping address, email address, phone number, credit card/payment details, and optional account information like username and password. We’ll use this information for purposes, such as, to:
If you create an account, we will store your name, address, email, and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information, including tax and accounting purposes for which we are not legally required to continue to keep it. This includes your name, email address, and billing and shipping addresses.
We will also store comments or reviews if you so choose to leave them.
OUR ACCESS
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
Our team members have access to this information to help fulfill orders, process refunds and support you.
WHAT WE SHARE
We share information with third parties who help us provide our orders and store services to you; including Stripe, WooCommerce, PayPal, Amelia, and WordPress.
PAYPAL PAYMENTS
We accept various forms of payments through PayPal. When processing payments, some of your data will be passed to PayPal Inc, including information required to process or support the payment, such as the purchase total and billing information.
Please see the PayPal Privacy Policy for more details.
This service agreement is between Smile Photography, “we”, “us”, and “our”, and you, the prospective “Client”.
This agreement reflects the way our services and products related to a Photography and/or Videography “Shoot” apply to our business as well as Smile Photography’s relationship with you as you engage in our services.
We may update these terms to (1) reflect any changes in our services or how we do business, (2) when we add new services or update active services, (3) for legal, regulatory, or security reasons, or (4) to prevent harm or abuse. If you do not agree with these terms, that does not mean that we will be giving up any rights that we may have, including taking legal action.
Updated as of December 8, 2022.
SERVICE PROVIDER
You are contracting with Smile Photography services provided by:
Comik Ink
in partnership with:
EikoGel
Operating and organized under the laws of the State of New York, USA
1402 Flatbush Avenue
Brooklyn, NY 11210 USA
USING OUR SERVICES
Smile Photography services connect you as the Client to our Photographer and Videographer affiliated “Expert(s),” whom will provide photo and/or video media “Content” for your personal use. These terms of this agreement define the relationship between Smile Photography and you as well as how you use our services. You have rights to request our services so long as you agree to follow these terms.
GENERAL SHOOTS
General Shoot services, which may include Individual, Fashion and Promotion, Family and Maternity, Life Events, and Real Estate, will take place at the location(s) per your booking request. The Expert is to arrive for the Shoot at the booking time, subsequently, you as the Client are to arrive for the Shoot at the booking time also.
GENERAL SHOOT FEES
In consideration of the General Shoot services provided by us, you agree to pay the full sum of your booking service as stated on your active invoice(s). You agree to pay the non-refundable initial payment totaling 50% of the total price of the service upon booking. The initial payment reserves the Expert’s time and is not a retainer or deposit for the calendar date and time. The final payment must be made 5 days before the scheduled Shoot date. If you cancel 5 days prior to the Shoot for any reason, 20% of the initial payment will be returned to you.
ADVANCED SHOOTS
Advanced shoot services, which may include Weddings and Productions or extensive General Shoot services, will take place at the location(s) per your booking request. The Expert is to arrive for the Shoot at the booking time, subsequently, you as the Client are to arrive for the Shoot at the booking time also.
WEDDINGS
You are responsible for providing the necessary details concerning Wedding services including:
Wedding date and time
Wedding Service location
Wedding Reception location
Bride’s and Groom’s names
Contact (Phone, Address, Email)
Approximate Photography and/or Videography session start and end time
Number of guests
WEDDING HOUSE RULES
The Expert is limited by the guidelines of the ceremony official or the reception site management. As the Client, you agree to accept the technical results of their imposition on the Expert. Should negotiation with the officials for moderation of guidelines be necessary, this is the ultimate responsibility of you as the Client, not the Expert.
ADVANCED SHOOT FEES
In consideration of the Advanced Shoot services provided, you agree to pay the full sum of your booking service as stated on your active invoice(s). You agree to pay the non-refundable initial payment totaling 50% of the total price of the service upon booking. The initial payment reserves the Expert’s time and is not a retainer or deposit for the calendar date and time. The final payment must be made 2 weeks before the scheduled Shoot date. If you cancel 2 weeks prior to the Shoot for any reason, 20% of the initial payment will be returned to you.
WEDDING CANCELLATION
In the event that you as the Client cancels the contracted services for wedding photography outlined in this agreement before the Wedding Ceremony takes place, the deposit will be forfeited. Should the cancellation occur within 7 days of the Wedding, then the outstanding amount remaining is still owed.
In the unlikely event that the Expert is unable to attend on the day of for any reason beyond their control: accident, illness, or similar the Expert will not be liable to compensate you except to return any monies paid. In this event, the Expert will compile a Flash Drive and Photo-book from guests’ Content as well as what can be reasonably achieved.
PRE-SHOOT CONSULTATION
Smile Photography affiliate Experts and you as the Client agree to a pre-shoot consultation before the Shoot date in order to finalize the actual shooting times and locations. Alternatively, you can complete the approved booking form which is sent to you by email in order to provide any necessary information.
LAST-MINUTE BOOKING FEES
Smile Photography requires services to be booked at least 5 days before your General Shoot date and 30 days before your Advanced Shoot date. We want your shoot to be as organized and seamless as possible to avoid less than perfect service quality and to consider Expert time availability. In the event that you the Client are in need of last-minute services and the request is approved, you agree to pay an additional rushed service fee as described:
WITHIN 4 DAYS BEFORE GENERAL SHOOT 30%
1-2 DAYS BEFORE GENERAL SHOOT 50%
WITHIN 29 DAYS BEFORE ADVANCED SHOOT 30%
14 DAYS BEFORE ADVANCED SHOOT 50%
DELIVERABLES
We agree to provide sustainable Shoot Content for you to view after the Shoot where you will be able to choose photos for editing. We will perform basic post-processing services on the content. We will also perform basic editing services on selected photos chosen by clientele where artistically necessary according to your service package.
After the Shoot, we will provide you with a high-resolution Flash Drive. This drive will contain all photos taken at the Shoot for sharing with family and friends. We will deliver proofs of Content to you no later than 30 days after Shoot date. You understand and agree that proofs are the exclusive property of Smile Photography and the entirety of photos delivered to you are licensed for your personal use only. Content from the Shoot will be delivered to the client according to their processing order.
If you as the Client wish to purchase photos, you may do so separately after the Shoot. Payment for photo prints is due immediately upon request. You may make the request by phone, email, or complete a print order request form. You understand and agree that photo prints may take longer for delivery. We must deliver photo prints within a reasonable amount of time after you made a final order. If there are any delivery issues, we are required to notify you immediately.
You as the Client should as soon as possible provide us with a list of desired images to be printed, enlarged, and/or digitally manipulated in correspondence to the number of prints agreed upon. The list must specify the image name (ex. DSC01234. Name tags may differ depending on the camera.) which are to be edited according to your request, including color and black and white. Photo printing cannot commence prior to receipt of this list.
INDEMNIFICATION
YOUR RESPONSIBILITY
As the Client, you will obtain all permissions necessary for the Expert to photograph at the Shoot. The Expert has no duty to obtain permission from reception centers, churches, buildings, properties, or other locations to operate thereon. You understand and agree that any failure to obtain these permissions resulting in fines to the Expert, or which prevent the Expert from servicing the Shoot(s) is not the fault, liability, or responsibility of the Expert.
EXCLUSIVE EXPERT
You agree and understand that no party other than the Expert(s) may take pictures of any poses, lighting situations, or setups made by the Expert(s). This slows down the Expert’s work and violates the Expert’s right to take pictures of the event. You agree to take responsibility for insisting that no person(s) get in the way of the Expert or take pictures in these situations.
The Expert will not tolerate verbal or physically abusive behavior, nor will they share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with the service may seriously affect the quality of the photographs taken and increase the number of times photos must be retaken. If you as the Client are unable to control the conduct of your guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the Expert, it will result in the early or immediate departure of the Expert. In such an event, no refunds will be granted.
MODEL RELEASE
As the Client, you grant permission to us and our assigns, licensees, and sublicensees, permission to use your image or likeness in any and all forms of Content for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, we may use your likeness and image on our website, social platforms, or in other advertising. We may sell photos containing your likeness to third parties.
ASSIGNABILITY
You agree and understand that, unless otherwise specified in these terms, you as the Client are not contracting for a personal service that will be performed by any specific Expert unless specified. We may subcontract or assign any affiliate and additional Expert necessarily associated with Smile Photography to perform our duties under these terms.
EikoGel LLC© All rights reserved.
Pay as you go
*Select services may vary*