Terms and Conditions

 

Bc. Roman Malík

IČO: 88026019

Sídlo podnikání: Chrustenice, PSČ 267 12

Fyzická osoba zapsaná v živnostenském rejstříku.

Úřad příslušný podle §71 odst.2 živnostenského zákona: Městský úřad Beroun

ORDERING PHOTO AND VIDEO SERVICES

 

  • “Client” means a natural or legal person ordering the services of the photographer/videographer.

  • You can order a photo shoot or video recording on the Instagram profile @mlkv.cz , reservation system mlkv.reenio.cz or by sending an email to post.malikova@gmail.com.

  • By placing an order, you confirm that you are familiar with my artistic style (photos and videos can be found in the portfolio and on the Instagram profile @mlkv.cz) and the price list of services.
  • The agreed service date is binding only after the payment of a reservation fee - 50% of the price of the ordered services, which will subsequently be deducted from the final price. The reservation is valid only after the payment is credited to the account.
  • The reservation fee serves to secure the booking date and, in the event of cancellation, is subject to the cancellation conditions stated below.

  • For the smooth execution of the collaboration, communication is conducted exclusively with the person who ordered the service or with their designated representative (see “Communication and Client Cooperation”).

  • Unless explicitly stated otherwise, the service price does not include venue rental, parking fees, entrance fees, travel expenses, or third-party services.

  • By ordering services, you agree to the terms and conditions.

 

COMMUNICATION AND CLIENT COOPERATION

 

  • The Client is responsible for designating one contact person (hereinafter referred to as the “Responsible Representative”) authorized to make all decisions related to the technical and organizational aspects of the filming, including but not limited to filming duration, lighting, visual style, and production flow. Unless otherwise specified, the Client themselves shall be considered the Responsible Representative.

  • The Responsible Representative is also responsible for providing complete and accurate information necessary for the execution of the project. Requests from third parties (e.g. filming participants) will only be taken into account if expressly approved by the Responsible Representative.

  • If the Responsible Representative will not be present at the filming location, the Client is obliged to designate a substitute contact person with equivalent authority in advance.

  • Any delays or complications caused by unclear instructions, changes in requirements, or the unavailability of the Responsible Representative shall be borne by the Client and may affect the final price or delivery timeline. 

COPYRIGHT

 

  • According to Act No. 121/2000 Coll. (Copyright Act), the author (photographer and videographer) holds the copyright.

  • It is strictly prohibited to use materials (photographs and videos) created as a result of my work for the promotion of photographic or videographic services provided by third parties, competitors, or other similar service providers.

  • Organizers of the photo and video shoot may use the materials obtained during the provision of services for their own purposes, especially for their advertising and promotion, with the author's credit (Instagram @mlkv.cz, TikTok @mlkv.cz, Facebook, or website).

  • Photographed and filmed individuals may use the videos and photos for their non-commercial personal presentation. Materials obtained during the photo and video shoot, including posts and stories on social media, must be shared with the author's credit (Instagram @mlkv.cz, TikTok @mlkv.cz, Facebook, or website) and the profile of the shoot organizer.

  • Unless explicitly agreed otherwise, photos and videos may not be resold or used for any commercial purposes and promotion of third-party activities.
  • According to the Copyright Act No. 121/2000 Coll., it is not allowed to modify photos or videos (e.g., using color filters on Instagram) or publish them as the author's work without the author's consent.

  • Unedited photographs and videos (RAW materials) are not included in the delivery unless agreed otherwise in advance.

  • The client is also obliged to obtain consent from all photographed individuals for taking photos and videos and their possible publication by the photographer/videographer. Otherwise, the photographer and videographer are not responsible for the consequences arising from this.

  • The Client is responsible for securing the rights to music, graphic materials, or any other materials provided for the purposes of the project.

  • The photographer and videographer are not responsible for the consequences of copyright or other rights violations resulting from the content of materials provided by the client or requirements for the agreed order. The client bears full responsibility for any damage caused in this manner.

 

ARCHIVING MATERIALS AND COMPLAINTS

 

  • The delivery timeframe is determined individually depending on the type of project and is communicated during the booking process. Stated delivery times are approximate and may reasonably change due to increased workload, illness, or other unforeseen circumstances.
  • All unedited photos and videos (raw formats) are archived for one month from the delivery of the project. After that, the data is deleted in accordance with EU Regulation 2016/679 on the protection of natural persons (known as GDPR).
  • Complaints can be made no later than 14 days from the date of delivery of the finished materials; after this period, complaints are not possible.
  • Disagreement with the artistic style is not a valid reason for a complaint. I shoot, photograph, and edit with regard to my individual style, which includes characteristic elements such as color grading, light and dark ranges, and other aspects.
  • Disagreement with one's own appearance is not a valid reason for a complaint.
  • All edited photos and videos are available for download for one month from the delivery of the project. After this period, access to the gallery is removed. After 30 days, further access is possible only for a technical fee of 350 CZK, and only if the gallery is still available. After 90 days, no data is archived, and further access is not possible.

 

PREPARATION OF THE FILMING LOCATION AND TECHNICAL ARRANGEMENTS

 

  • The Client is responsible for preparing the filming location, including in particular cleaning, ensuring access to the space, and moving furniture or equipment if necessary. If the space is not ready for filming upon the arrival of the photographer/videographer, bringing it to the required condition shall take place within the reserved time.

  •  The service time includes the time necessary for equipment preparation and begins upon the arrival of the photographer/videographer at the location agreed upon during the booking process. Preparation of equipment, lighting, scene setup, and space arrangement is considered part of the reserved time and is included within it.

  • The reserved time also includes technical and organizational tasks related to the provision of services, in particular preparation and adjustment of lighting and scene setup, moving equipment, replacing batteries, managing storage media, or changes to requirements during filming.

  • The photographer/videographer is not responsible for delays in the start of the services caused by the Client or by persons participating in the filming. Time lost due to delays caused by the client shall not extend the agreed service time unless otherwise agreed between the parties.

  • Additional changes to requirements during filming, especially changes to visual style, lighting, scene setup, or filming organization, may affect the scope of the final delivered content or the effective use of the reserved time.

 

CANCELLATION POLICY

 

  • Cancellation or rescheduling is possible free of charge if requested within the following timeframes:
    • Filming/photography in Prague – at least 14 days in advance
    • On-location sessions outside Prague – at least 30 days in advance
  • In such cases, the date may be cancelled or rescheduled once free of charge.
  • The date can only be rescheduled once, and the new session must take place within 2 months of the original date. Otherwise, the booking fee will be forfeited.
  • If cancellation or rescheduling is requested after the above deadlines, or the client does not show up for the photo or video shoot, the booking fee is forfeited with no refund.

DAMAGE COMPENSATION

 

  • The Client agrees to compensate for any damage caused by the Client or by persons participating in the filming/photography session (e.g. damage to equipment, etc.).

  • The photographer/videographer reserves the right to refuse the execution of shots or requests that could result in damage to equipment, endanger health or safety, or violate applicable laws or regulations.

  • The photographer/videographer shall not be held responsible for limitations in the scope of services caused by technical failures, power outages, actions of third parties, or other unforeseen circumstances.

 

CONSENT TO THE USE OF PHOTOGRAPHS

 

  • The photographer and videographer reserve the right to publish photographs and videos in their portfolio on social media, their website, and other promotional materials.
  • If you do not wish for your photographs to be published, you must inform us in advance (no later than the end of the photo/video shoot). If you do not do so, it is considered your consent. You, of course, have the right to subsequently request the removal of materials from the portfolio.