ENTIRE AGREEMENT

This agreement contains the entire understanding between 'Poramet Ariyakusonsuthi' (henceforth referred to as 'Poomish Studio') and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing or through email, physically or digitally signed by both parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived.

Refunds

‘Poomish Studio’ will not refund any monies once the event has taken place. In exceptional circumstances should the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images/footage are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the CLIENT and ‘Poomish Studio’ and only when no photos have been produced will entitle the CLIENT a full refund.

Refunds from cancellation are only available if it is requested in writing and sent by recorded delivery at least 14 days prior to the day of the event. The deposited 30% of the total costs will not be refunded for any cancellations within 1 month period before the event/session takes place.

Payments

The CLIENT must successfully make payment of any remaining balance within the due date declared on the invoice.

Payment for additional hours beyond what has been agreed upon and allowed is charged at an hourly rate of up to $150 per hour. Because each project is quoted differently, the exact amount the CLIENT will be required to pay for any additional hours will be stipulated to you separately.

The CLIENT must have paid at least 30% by the date of the event. The remaining amount is due prior to the delivery of the files. If the CLIENT does not do so, we will not have any liability to you, and if we so decide we shall be entitled in our absolute discretion to forfeit the whole or part of the booking fee.

In the event your balance is not cleared, 'Poomish Studio' will consider this agreement to be null and void. 'Poomish Studio' will no longer be obliged to cover any event(s) and will cease to deliver any services and or products to the CLIENT.

Travel Expenses: Unless agreed otherwise, one-way travel of 18km (36km full trip) from our premises is covered in the offered rate. A fee may be charged for travelling further to this distance.

The CLIENT shall reimburse the photographer/videographer for any additional expenses that occurred to the photographer/videographer for which the CLIENT is liable, and for any other adverse costs expected or unexpected as necessary in fulfilling the services mentioned unless otherwise directed by the CLIENT.

COOPERATION

The parties involved agree to cheerful cooperation and communication for the best possible results within the definition of this assignment. 'Poomish Studio' recommends that the CLIENT designates an ‘event guide’ to point out important individuals and moments for informal or candid pictures/videos to the photographer/videographer during the assignment.

'Poomish Studio' will not be held responsible for failure to photograph/video certain individuals and situations not specified or requested in writing physically or digitally prior to the assignment. 'Poomish Studio' will not be held liable for missed pictures/videos due to individuals who fail to cooperate or appear during photography/videography sessions.

ON THE DAY

'Poomish Studio' is limited by the guidelines of the venue officials or the relevant venue management. The CLIENT agrees to accept the technical results of the venue official’s imposition on 'Poomish Studio'. Negotiation with the officials for the moderation of guidelines is the responsibility of the CLIENT, 'Poomish Studio' will offer technical recommendations only.

Arrangements should be made for all venues to be accessible by 'Poomish Studio' at least one hour before the time of each event; this is to be arranged by the CLIENT.

If something occurred during the event that the CLIENT does not want to appear in the final pictures/videos, the CLIENT must instruct 'Poomish Studio' in writing physically or digitally before the post-production begins.

The CLIENT must provide a safe working environment and is responsible for any damage to our equipment by their guests and will be liable to pay such expenses for replacement or repairs. In restrictive conditions such as rain, extreme temperatures and humidity, adequate shelter must be provided to the photographer/videographer.

Any additional services demanded by the CLIENT are chargeable at the photographer/videographer's discretion.

FOOD

It is the responsibility of the CLIENT to cater for all agents of 'Poomish Studio' present at the event. It is very important that this be served at the same time as any other food is served to guests. Vendor meals provided at any other time, i.e at the end of guest service, may affect what footage we are able available to capture.

SUB-CONTRACTING

'Poomish Studio' reserves the right to sub-contract any Services that 'Poomish Studio' has agreed to perform for the CLIENT as it sees fit.

TALENT/BACKGROUND PERSONS/STAFF

If the CLIENT requires talent, staff, background persons or passers-by to be included in the pictures/videos, then it is the responsibility of the CLIENT to obtain the necessary permissions. 'Poomish Studio' cannot be held liable for any prosecution from any person that appears without permission. If re-editing or shooting is required to remove such persons it shall be at the CLIENT's expense.

OWNERSHIP AND COPYRIGHTS

Negatives/Digital RAW files remain the sole property of 'Poomish Studio’ and will not be available to the CLIENT unless agreed otherwise. All other photographic materials, including but not limited to transparencies, proofs, previews and digital files, shall be the exclusive property of the CLIENT and ‘Poomish Studio’ only.

The CLIENT agrees that ‘Poomish Studio’ may display and use pictures/videos/audio taken; on any display areas in public or in private; for exhibitions, competitions, advertising, websites, and social media networks and has the right to sell, resell or auction off your images for profit and for any other purpose deemed appropriate by 'Poomish Studio'.

LIMITATION OF LIABILITY

In the unlikely event the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the photographer/videographer and/or cancellation of this agreement by either party or in any other circumstance; the liability of ‘Poomish Studio’ shall be limited. 'Poomish Studio’ will not be liable for any direct, indirect or any consequential loss and will be free from any damages, claims or lawsuits brought against the photographer/videographer or 'Poomish Studio'.

The CLIENT shall indemnify and hold the photographer/videographer harmless from and against any claims made by any other person or entity resulting from the presence and performance of the photographer/videographer's services under this agreement.

The CLIENT shall indemnify and hold ‘Poomish Studio’ harmless from any loss, damage or liability resulting from the CLIENT’s violation of the terms of this Agreement or any agreement involving the CLIENT and the photographer/videographer.

PUBLIC BROADCAST

'Poomish Studio' retains the right, unless instructed otherwise in writing by the CLIENT, to display the final pictures/videos on the 'Poomish Studio' website, YouTube, or similar public video broadcast sites.

AMENDMENT

'Poomish Studio' reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the CLIENT has been given 7 days written notice.

COMPLAINTS

Any complaints should first be raised by the CLIENT with 'Poomish Studio' in writing within 5 working days from the date of receipt of the pictures/videos. Any complaints made after 5 working days from the receipt of the pictures/videos will be void.

DELIVERY STANDARDS

The pictures/videos that are presented to the CLIENT as part of the final delivery are selected according to the professional discretion of 'Poomish Studio'. Pictures/videos taken during the event may be excluded from the final delivery due to reasons including but not limited to improper exposure, duplication and focus, in order to maintain 'Poomish Studio's quality standard.