Legal Notice
1. General Terms
1.1. These Terms and Conditions (“Terms”) apply to all agreements, bookings, and confirmations involving Captured by Helca, ID: 23024801 (referred to as “Photographer”). These Terms form an essential part of any contract between the Photographer and the client.
1.2. Communication between the client and the Photographer primarily takes place via email or other written formats unless specified otherwise in the contract or booking confirmation.
2. Agreement & Booking Confirmation
2.1. A contract is established when a client submits a request for services, which is then reviewed and confirmed by the Photographer. The contract must include key details such as the scope of photography services and the agreed pricing.
2.2. Contracts may be concluded electronically, and in cases where specific agreements differ from these Terms, the agreed-upon contract terms take precedence. Any matters not explicitly covered in the contract default to these Terms and applicable laws.
3. Scope of Services
3.1. The Photographer provides the services outlined in the booking confirmation or contract, ensuring that the scope, quality, and deadlines match the agreed specifications.
3.2. All service details should be clear and precise. If the Photographer does not formally accept the client’s terms or only accepts them with modifications, the contract is not considered binding. Any changes or additions must be confirmed in writing or via email.
4. Rights & Responsibilities
4.1. The Photographer agrees to complete the agreed-upon work professionally and deliver within the timeline specified in the contract or as otherwise stated in a written confirmation.
4.2. If necessary, the Photographer may engage third parties to assist with fulfilling the contract.
4.3. If the client requests modifications to the original agreement, the Photographer may adjust the delivery time and/or price accordingly. Any such changes must be approved in writing or via email.
4.4. If unexpected circumstances arise that prevent the Photographer from delivering the services as planned (e.g., technical failure, force majeure, illness), the Photographer has the right to extend deadlines or cancel the agreement without liability for damages.
4.5. The Photographer reserves the right to refuse a booking request without explanation.
4.6. Clients must provide all necessary details and instructions in a timely and accurate manner, preferably in writing, to ensure smooth service delivery.
4.7. To secure a booking, clients are required to pay a 50% deposit of the total agreed price unless otherwise arranged in the contract.
4.8. The Photographer is under no obligation to begin work until the deposit is received. The client agrees to settle the full balance under the terms specified in the contract or booking agreement.
5. Service Quality & Complaints
5.1. The Photographer guarantees the delivery of high-quality images that align with the agreed specifications. If no specific quality requirements are defined, industry-standard quality will be provided.
5.2. The Photographer will deliver the final work within the agreed timeframe, and ownership rights over the images will only transfer to the client upon full payment. Responsibility for any accidental loss or damage shifts to the client upon delivery.
5.3. Unless stated otherwise, clients are not entitled to receive the final images before completing full payment.
5.4. The Photographer is not responsible for quality issues caused by incorrect instructions, unsuitable conditions at the shooting location, or materials provided by the client, as long as the Photographer has communicated any concerns in advance.
5.5. The Photographer is not liable for damages or defects resulting from improper handling or modification of images after delivery.
5.6. If a client wishes to submit a complaint regarding the final work, they must do so in writing (via email) and provide a detailed explanation, along with supporting images or videos. Complaints must be submitted within 7 days of delivery unless the client is a consumer, in which case extended protections may apply.
5.7. Complaints cannot be made regarding artistic style, color grading, or other creative choices that were agreed upon before or during the shoot.
5.8. A complaint will not be accepted if the Client provided low-quality materials or failed to supply required supporting documents. There is no general quality guarantee unless the Client qualifies as a consumer under the Civil Code, in which case statutory consumer rights apply.
6. Copyright and Licensing Terms
6.1. All works created by the photographer are the result of their creative effort and are expressed in a tangible or electronic form, whether temporarily or permanently. As such, they are protected under Copyright Act No. 121/2000 Coll., as amended. Unless otherwise agreed in a written contract, the photographer retains full ownership and exclusive rights to use and distribute the work. Neither the client nor any third party may modify, reproduce, or distribute the work without the photographer’s written consent.
6.2. Exceptions to this rule apply only in cases where the work is used for personal purposes, educational activities, or illustrative purposes, provided that such use is non-commercial, does not serve self-promotion, and does not generate profit. Whenever the client publishes or shares the work, they are required to credit the photographer by name. If the contract contains specific provisions regarding copyright and licensing, those contractual terms take precedence over these general terms and conditions.
7. Additional Provisions
7.1. The photographer is not responsible for any loss or damage to the completed work, nor for any loss or corruption of digital files during electronic transmission or storage on networks and servers.
7.2. The photographer reserves the right to refuse or discontinue work on any order that contains content violating legal regulations or moral standards, including but not limited to pornography, child exploitation, depictions of violence, or any other unethical materials.
7.3. The photographer is not liable for any copyright or intellectual property infringements related to the content provided by the client. The client assumes full responsibility for any legal consequences or damages arising from such materials.
7.4. The photographer may edit, modify, or adjust any client-supplied data, documents, or materials solely for the purpose of fulfilling the contract, ensuring quality control, and achieving the best possible results. These materials will not be used for any other purpose beyond the scope of the agreed-upon work.
8. Special Provisions for Consumers
This section applies exclusively to clients who qualify as consumers under the Civil Code—meaning individuals who enter into a contract outside the scope of business or professional activities. In cases where these provisions conflict with other contract terms, the consumer protections outlined here shall take precedence.
8.1. A consumer has the right to withdraw from a contract for services within 14 days of its conclusion without providing a reason, provided that the contract was entered into remotely (e.g., via email or postal service) or outside the photographer’s usual place of business (e.g., outside their registered office or designated studio). To be valid, the withdrawal must be communicated to the photographer in writing before the deadline.
8.2. If a consumer withdraws within the legal timeframe, any advance payment or deposit will be refunded. However, this does not apply if the consumer has explicitly requested that the photographer begin work before the withdrawal period expires. In such cases, as per Section 1834 of the Civil Code, the photographer is entitled to retain a portion of the deposit corresponding to the value of the work completed up to the point of withdrawal.
8.3. The consumer acknowledges that, upon request, the photographer is required to provide proof of service, including the date of provision. In the event of a service-related claim, the photographer must issue a written confirmation detailing when the consumer exercised their rights, the nature of the claim, and the preferred resolution method requested by the consumer.
8.4. All communication between the photographer and the consumer regarding the contract may take place via public communication networks, email, or any other means specified in the contract or order.
8.5. Consumer complaints will be handled via the photographer’s official email address: hello@capturedbyhelca. The photographer will send updates on the resolution of the complaint to the consumer’s email address.
The photographer informs the consumer that in the event of a dispute, they have the right to seek an out-of-court settlement through the Czech Trade Inspection Authority (ČOI). This process is free of charge and does not prevent either party from pursuing legal action in court. More details are available on the ČOI website: www.coi.cz.
The Czech Trade Inspection Authority is the authorized body for resolving out-of-court consumer disputes related to contracts for custom-made goods, including the creation and use of photographic works. Consumers can find further details on the procedures and conditions for dispute resolution on the ČOI website. This process can only be initiated after the consumer has attempted to resolve the dispute directly with the photographer. The application form for initiating an out-of-court dispute resolution is available on the ČOI website.
9. Final Provisions
9.1. By entering into the contract, the client confirms that they have read and accepted these General Terms and Conditions (GTC), the photographer’s current pricing offer, as well as the specified quality standards and terms of service.
9.2. The photographer reserves the right to suspend the execution of the work after notifying the client, if conditions set by the contract or legal regulations are met. This suspension does not entitle the client to any compensation, and the photographer retains the right to claim damages in the event of a material breach of contractual obligations by the client. The contractual relationship between the client and the photographer is governed by the Civil Code and the Copyright Act.
9.3. The photographer reserves the right to amend or supplement these GTC at any time due to changes in legal regulations or other significant circumstances. Any such amendments take effect from the date of notification to the client. However, this provision does not apply if the client is a consumer.
9.4. If any provision of these GTC is deemed invalid, the remaining provisions shall remain fully valid and enforceable.
These GTC take effect on January 1, 2025.