Terms and Conditions

1.    These terms and conditions shall be applicable to any engagement of GABRIEL TAN PHOTOGRAPHY (“GTP”). Where these terms and conditions are annexed together with any quotation, invoice, appendix or exhibit, these terms and conditions shall, together with the terms of such quotation, appendix, or exhibit, form a binding contract with GTP (“the contract”).

2.    Any payment(s) to GTP (whether as deposit, retainer, or part payment) for the purposes of engaging GTP’s services (regardless of any cancellation or termination thereafter) shall be treated as express acceptance of these terms and conditions and shall form a binding contract with GTP that shall commence from the date of such payment. Acceptance of these terms and conditions may also be in writing, or indicated via any oral communication or any conduct by the client indicating that the client seeks to proceed with the engagement of GTP’s services, upon which these terms and conditions shall forthwith become binding between GTP and the client.  

3.    These terms and conditions shall be construed with other documentation including any purchase order, delivery order, or invoice, provided that the terms herein shall remain applicable and prevail over any conflicts or inconsistencies (unless otherwise expressly specified or waived by GTP in writing).

4.    For the avoidance of doubt, any terms and conditions set out in or attached to any purchase orders (or any other documents) issued to GTP by the client shall have no force or effect, and shall be superseded by the terms and conditions herein unless otherwise agreed by GTP.

5.    PAYMENT

5.1.     Any payments made upfront in respect of the contract shall, unless otherwise specified by GTP, be deemed and treated as payment to GTP to retain GTP’s services and to set aside our time for your session. No such payment or portion thereof shall be refundable in any circumstances including if the contract is terminated before the session(s) or if the session(s) is cancelled for any reason whatsoever by the client.  

5.2.     In the event payment is not made in accordance the contract, GTP reserves all rights including without limitation, and in addition to bringing legal action, to do any one of the following or combination thereof:

5.2.1.     terminate the contract;

5.2.2.     withhold or suspend its services or any portion thereof; 

5.2.3.     decline to provide any service on the day(s) of the session(s) (or such portion of services as it deems fit);

5.2.4.     change the date of the session(s);

5.2.5.     withhold the release of any or all photos;

5.2.6.     deny or shorten access to the photo gallery;

5.2.7.     decline to edit or retouch any or all photos;

5.2.8.     decline to remove watermarks on any or all photos.

6.    SCHEDULED SESSIONS & TIME

6.1.     All sessions shall commence on and run from the time as scheduled with GTP, regardless if any person is late or tardy, or if the client is unprepared for the session for any reason whatsoever (including without limitation due to ensure the items set out in Clause 7 herein).

6.2.     If any additional time is required, GTP reserves all rights to impose additional charges including at an hourly rate for such additional time.

6.3.     The following shall count towards the total time for a single session:

6.3.1.     if more than one location is used in a single session, travelling time shall count towards the total session time;

6.3.2.     time for changing of outfits or props;

6.3.3.     discussion during the session.

6.4.     In the event:

6.4.1.     the representative of GTP who is doing the photoshoot is late, additional time will be allotted without charge for such duration as the time for which the aforesaid representative is late;

6.4.2.     the client fails to show up within 15 minutes of the scheduled commencement time without first notifying GTP via a phone call or text, GTP shall be entitled to cancel the session and require a reschedule of the session;

6.4.3.     any additional shots are required or there is any alteration in the job description or creative brief or any editing required (besides basic touching up which may be provided at the discretion of GTP) or other additional work is required to be done, additional charges may be payable. GTP shall inform the client of such additional charges and any impact on timelines and shall not be obliged to carry out these changes or additional work until written agreement is reached on the additional charges. The client shall pay all quoted and agreed expenses and charges arising from any alteration of the original job description; and

6.4.4.     the client requires a reshoot after the session(s), whether before or after the products including any photos have been developed, GTP shall be entitled to require additional deposit or advance payment to be made.

7.    PREPARATION BY CLIENT

7.1.     The client shall be entirely responsible for ensuring that the venue, props, outfits, persons and any other thing required for the photoshoot are prepared and in place at the scheduled time and venue. This excludes photography equipment for the session which shall be prepared by GTP. 

7.2.     Unless otherwise agreed by GTP, with respect to the venue(s), the client shall be responsible for paying all venue fees and charges, and procuring all necessary approvals, consents and passes for accessing and utilising the venue(s) including parking.

7.3.     Unless otherwise agreed by GTP, the client shall also be responsible for paying any additional fees or charges for the use of the venue(s) or any additional time in using such venue(s).

8.    CREATIVE PRIVILEGE

While GTP shall so far as reasonable take into account the requests from the client on the style of photography, GTP reserves all creative liberties when carrying out the photoshoot according to what it views to be most suitable for the task taking into account the props, outfits, venue, persons, theme, and other matter which GTP considers to be relevant.

9.    NON-STAFF

9.1.     GTP shall not be responsible whatsoever for the acts, omissions, conduct or behaviour of any persons (including the client) which are not GTP’s staff or part of GTP’s authorised team (“Non-Staff”), and shall not be liable for any losses or costs incurred resulting from the acts, omissions, conduct or behaviour of such Non-Staff.

9.2.     GTP shall not be responsible if any products or services including photos do not meet the expectations of the client as a result of or contribution by any act, omission, conduct or behaviour of any Non-Staff. 

9.3.     GTP shall be entitled to impose additional charges in the event any additional session(s) or time is required due to the act, omission, conduct or behaviour of any Non-Staff.

10.  ACCESS TO & STORAGE OF PHOTOS 

10.1.  GTP shall make available for download, for a period of one (1) month, the photos taken, via an online gallery or for such other duration as agreed with the client. Upon the expiry of such duration, GTP shall be entitled to cease permitting access to the photos and shall be entitled to dispose of any or all of the photos.

10.2.  GTP shall not be responsible for any failure or neglect by the client to access and download the photos within the stated duration, and shall not be liable for the disposal of any photos.

10.3.  While GTP may, in accordance with its own policies as it may determine from time to time, store and back up any photos after the expiry of the availability of the photo gallery, it shall not be obliged to do so. If GTP does in its discretion choose to store or keep a backup of any photos, it shall not be liable for any loss or damage or loss of quality to such photos.

11.  AVAILABILITY

11.1.  Any engagement of GTP shall be on a first come first served basis.

11.2.  GTP reserves all rights to select the members of the team handling the session(s).

11.3.  GTP reserves all rights to alter or replace the items and prices in the quotation to account for revisions (whether as requested by you, or as advised by GTP and agreed to by you) pending confirmation of the final quotation.

12.  PHOTOGRAPHY MATERIALS & COPYRIGHT

12.1.  All photographic materials, including without limitation negatives, photos, images, pictures, and slides, taken, shot, developed or otherwise produced by GTP (including any rights and interests therein) shall be the exclusive property of GTP and GTP shall own all intellectual property rights including copyright therein.

12.2.  GTP shall be entitled to use the photographic materials for samples, contests, exhibition, advertising and self-promotion, which includes sharing such photographic materials on any social platform such as Facebook and Instagram, unless GTP agrees not to do so.

12.3.  Insofar as it shall not already be the case pursuant to the provisions of the law or the contract or if there is any residual right to the photographic materials remaining with the client, the client hereby unconditionally gives, transfers and/or assigns to GTP within the framework of all that is legally possible all rights to the images, photos, negatives and pictures taken, shot, developed or otherwise produced by GTP.

12.4.  No such photographic material shall be used or edited (including cropping, adding filters, brightness adjustments, re-touching, etc.) in any way by the client or any persons without the express written consent of GTP. In giving its consent for the use or edit of any photographic material, GTP shall be entitled to impose any fees, charges, or rates as it deems fit.

12.5.  GTP shall be entitled to place and insert any watermark and logo on any photographic material which shall not be removed by any person including the client without the express written consent of GTP.

12.6.  The client may:

12.6.1.  display (without editing) photographs for personal non-commercial use and for printing copies for families and friends and their own personal non-commercial use;

12.6.2.  use the photographs on personal social platforms provided that GTP’s watermark or logo on the photographs are not removed from such photographs;

12.6.3.  not sell the photographs or submit them in a contest.

12.7.  Corporate clients will need to obtain GTP’s approval if photos are to be used for commercial purposes.

13.  DESIGN DISCLAIMER

Sample images and photos on the website or any social platform including Facebook and Instagram are for illustration purposes only and may differ from the actual product.

14.  EXCLUSION AND LIMITATION OF LIABILITY

14.1.  Subject to any applicable law, GTP shall to the furthest extent legally possible not be liable for any losses, damages, costs or expenses whatsoever including direct, indirect, special, or consequential or incidental damage, loss, costs, claims or expenses, loss of profit, loss of data, loss of anticipated earnings or fees, loss of or damage to reputation or goodwill, or emotional distress.

14.2.  In the event GTP is found to be liable by a court of valid jurisdiction, any liability by GTP, whether arising in contract, tort (including negligence) or otherwise, for any damages, losses, costs, claims or expenses of any kind however arising out of or in connection with the contract or the act or omission of GTP or its staff shall be strictly limited to 50% of the sums paid to and actually received by GTP, so far as legally possible.

15.  FORCE MAJEURE

15.1.  GTP shall not be in breach or deemed to be in breach of the contract or otherwise be liable in any way by reason of any delay in performance or non-performance of any of its obligations under the contract to the extent such delay or non-performance is due to any Force Majeure.

15.2.  For the purposes of the contract, “Force Majeure” means any circumstances beyond the reasonable control of GTP including without limitation any member of GTP’s staff or team failing ill or being absent due to extraneous circumstances, any road closure, automobile accident, automobile breakdown, transportation disruption, undesirable weather sudden death, robbery, burglary, theft, vandalism, failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, malicious damage, change in any law, rule or regulation or direction or decree by the government, change in government, accident, breakdown of plant or machinery, fire, flood, storm or any other natural disaster, pandemic or epidemic or endemic.

15.3.  In the event of any Force Majeure, the parties shall enter into good faith discussions with a view of alleviating its effects or agreeing upon such alternative arrangements as may be fair and reasonable.

15.4.  If, due to any Force Majeure, the client is unwilling to reschedule any session and unwilling to proceed with GTP’s engagement, the client shall be entitled to terminate this Agreement upon which GTP shall refund the sums paid by the client up to that point less deductions for work done and expenses already incurred by GTP, upon which neither Party shall owe the other any further obligation whatsoever and upon which GTP shall have no further liability.

16.  DAMAGED OR MISSING ITEMS

16.1.  The client shall be liable for all costs of repair and replacement of GTP’s equipment, property and belongings that are damaged, stolen or lost regardless of the cause, including without limitation accidents, spillage, vomit, falls, or any other act or omission committed by the client or the client’s guests.

16.2.  GTP shall not liable for any loss of photos or photographic materials or any other loss arising from the damage, theft or loss of GTP’s equipment, property or belongings as set out in Clause 16.1.

17.  TERMINATION

17.1.  The client is entitled to terminate for convenience the contract by giving notice of at least two (2) days to GTP, subject to the following:

17.1.1.  GTP shall be paid and shall be entitled to retain any payments made for all works done and services rendered up to the point of termination. This includes any sums paid in advance to GTP which shall be subject to Clause 5.1 above; and

17.1.2.  any works produced by GTP shall be subject to the terms and conditions herein, particularly Clause 12. 

17.2.  Either Party shall be entitled to terminate the contract on the grounds of material breach by the other Party provided that a notice period of seven (7) days is given to defaulting Party to reasonably rectify the breach, subject to the following:

17.2.1.  GTP shall be paid and shall be entitled to retain any payments made for all works done and services rendered up to the point of termination. This includes any sums paid in advance to GTP which shall be subject to Clause 5.1 above; 

17.2.2.  any works produced by GTP shall be subject to the terms and conditions herein, particularly Clause 12;

17.2.3.  in the event the termination is due to a breach by GTP, any claim against GTP shall be subject to Clause 14.  

17.3.  The rights and remedies under this clause shall be without prejudice to and shall not affect the rights and remedies available to GTP under Clause 5.2.

18.  PROHIBITION OF DEFAMATORY AND DEROGATORY POSTS AND REMARKS

18.1.  The client shall NOT post defamatory and derogatory posts and remarks concerning GTP and/or its services which are unjustified or untrue.

18.2.  In the event the client posts defamatory and derogatory remarks and statements concerning GTP, GTP reserves all its rights to bring legal action including for defamation, breach of contract, and/or tort and for all such legal remedies including for damages, equitable remedies, and injunctions.

19.  PERSONAL DATA PROTECTION

19.1.  GTP is committed to ensuring that the client’s privacy is protected. Any personal data is collected in accordance with applicable laws and regulations.

19.2.  The client has a right to access, correct and erase its data, and a right to object to or limit the processing of its data.

19.3.  Data Protection Notice

This Data Protection Notice (“Notice”) sets out the basis which GTP may collect, use, disclose or otherwise process personal data of its clients in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in GTP’s possession or under its control, including personal data in the possession of organisations which GTP has engaged to collect, use, disclose or process personal data for its purposes.

Personal Data

(1)     As used in this Notice:

“client” means an individual who (a) has contacted GTP through any means to find out more about any products or services GTP provides, or (b) may, or has, entered into a contract with GTP for the supply of any products or services; and

“personal data” means data, whether true or not, about a client who can be identified: (a) from that data; or (b) from that data and other information to which GTP has or is likely to have access. 

(2)     Depending on the nature of the client’s interaction with GTP, some examples of personal data which GTP may collect include the client’s name and contact information such as address, email address or telephone number, gender, date of birth, marital status, photographs and other audio-visual information.

(3)     Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).

 Collection, Use and Disclosure of Personal Data

(4)     GTP may collect and use the client’s personal data for any or all of the following purposes:

(a)     performing obligations in the course of or in connection with the provision of the products and/or services;

(b)     verifying the client’s identity;

(c)     responding to, handling, and processing queries, requests, complaints, and feedback from the client;

(d)     managing the relationship between the client and GTP;

(e)     processing payment transactions;

(f)      sending the client marketing information about GTP’s products or services including marketing events, initiatives and promotions, lucky draws, and rewards schemes and other promotions;

(g)     any other purposes for which the client has provided the information;

(h)     any other incidental business purposes related to or in connection with the above.

Withdrawing Your Consent

(5)     The consent that the client provides for the collection, use and disclosure of its personal data will remain valid until such time it is withdrawn by the client in writing.

(6)     The client may withdraw consent and request GTP to stop using and/or disclosing its personal data for any or all of the purposes listed above by submitting its request in writing or via email.

(7)     Upon receipt of the client’s written request to withdraw its consent, GTP may require reasonable time for the request to be processed. In general, GTP shall seek to process the request within ten (10) business days of receiving it.

20.  ENTIRE AGREEMENT

Unless otherwise expressly agreed in writing between the client and GTP, the contract embodies all the terms and conditions agreed as to the subject matter of the contract and supersedes and nullifies in all respects any and all previous or earlier agreements, correspondence, and undertakings with regards to the subject matter hereof whether such be written or oral. Any warranty, representation or other term or condition of any nature not contained or recorded in the contract shall have no force or effect.

21.  SEVERABILITY & WAIVER

21.1.  In the event any term, condition or provision contained in the contract shall be determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining provisions of the contract which shall continue and be enforceable to the fullest extent permitted by the relevant law.

21.2.  In such event, it is hereby agreed that the provisions of the contract shall be modified and reformed so as to effect the original intent of the contract as closely as possible with respect to those provisions that were held to be invalid or unenforceable.

21.3.  Any waiver by either Party of any rights set out or arising from the contract as a result of any breach by any Party shall only be effective if made out in written form. Such waiver shall not operate as waiver of any subsequent or other breach.

22.  GOVERNING LAW

The contract shall be governed by the laws of Singapore, and its validity, construction and performance shall be interpreted in accordance with the laws of Singapore.