1. Definitions For the purposes of this agreement, “The Photographer/Videographer” refers to Lindsey Franzke trading as Lindsey Franzke Films & Photos (DBA High Moon GmbH). “The Client” refers to the individual, business, or entity commissioning the work. “Images” refers to all content created and delivered by The Photographer/Videographer, including photographs, video footage, edited clips, and any digital or physical media.
These Terms & Conditions apply to all services and override any conflicting terms proposed by the Client unless agreed in writing.
2. Intellectual Property & Ownership All Images remain the sole intellectual property of The Photographer/Videographer at all times, worldwide. This includes full copyright, ownership, and all associated rights under applicable law. Upon full payment, the Client is granted a non-exclusive, non-transferable commercial license to use the delivered content for marketing, social media, websites, and promotional purposes. This license allows the Client to use the content to promote their business and generate revenue, but does not transfer ownership.
The Client may not resell, sublicense, distribute, or provide the content to third parties for independent commercial use without prior written consent. Content may also not be altered in a way that misrepresents the original work or the Photographer’s intent.
3. Credit & Attribution The Photographer/Videographer retains the moral right to be identified as the creator of the work. Where reasonably possible, credit should be given to “Lindsey Franzke Films & Photos” and social media credit to @lindseyfranzke.
4. Usage & Promotion The Client may use the Images in accordance with the granted license. Any exclusivity period must be agreed in writing prior to the project. The Photographer/Videographer retains the right to use all created content for portfolio, website, social media, and promotional purposes at any time, unless otherwise agreed.
Usage rights granted to the Client are personal and may not be transferred or assigned to third parties.
5. Prohibited Use The Client agrees not to use the Images in any way that is unlawful, misleading, defamatory, or harmful to the Photographer’s reputation. Content may not be used in connection with exploitative, unethical, or illegal activity, nor may it be repurposed for resale, stock distribution, or third-party licensing. The Photographer/Videographer reserves the right to revoke usage rights if these terms are breached.
6. Booking & Payment A booking is considered confirmed once a deposit or full payment has been received and the scope of work has been agreed upon in writing. Deposits are non-refundable and secure the agreed date and time. The remaining balance is due prior to or on the day of the shoot unless otherwise agreed. Late payments may incur interest in accordance with applicable law, and delivery of final content may be withheld until full payment is received.
7. Cancellations, Refunds & Rescheduling By confirming a booking, the Client acknowledges that the Photographer/Videographer has reserved time exclusively for the project. In the event of cancellation, the following fees apply: 25% of the total fee if cancelled within 10 working days, 50% within 5 working days, 75% within 48 hours, and 100% within 24 hours or less.
Deposits are non-refundable. Once work has been completed, no refunds will be issued under any circumstances, including dissatisfaction based on creative style or subjective preference. Rescheduling may be offered at the Photographer’s discretion and is subject to availability.
8. Cancellation by Photographer If the Photographer/Videographer is unable to fulfill the booking due to circumstances beyond reasonable control, including illness or emergency, a replacement may be recommended where possible or a full refund of any fees paid will be issued. Liability in such cases is limited to the total amount paid by the Client.
9. Scope of Work The scope of work is defined and agreed upon prior to the project. Any additional requests, extended hours, or changes to the original brief may result in additional fees.
If the nature of the project changes significantly and no agreement can be reached, the Photographer/Videographer reserves the right to pause or stop work.
10. Creative Direction By engaging the Photographer/Videographer, the Client agrees to trust their creative direction and artistic judgment. The Photographer retains full discretion over how the work is captured, edited, and delivered. Final selection of images and clips is at the Photographer’s discretion, and there is no right to reject work based on subjective preferences.
11. Delivery Final content is typically delivered within 2-6 weeks (longer for full production films) via an online gallery or file-sharing platform. Delivery timelines may vary depending on project scope and season.
Raw or unedited files are not included unless agreed in advance.
12. Client Responsibilities The Client is responsible for providing accurate information, ensuring access to locations, and obtaining any necessary permissions, licenses, or releases from participants, venues, or third parties. The Photographer/Videographer is not liable for any failure to obtain such permissions.
13. Liability & Indemnity The Client agrees to indemnify and hold harmless the Photographer/Videographer against any claims, damages, or legal costs arising from the use of the Images, including failure to obtain necessary permissions or compliance with applicable laws.
The Photographer/Videographer is not liable for circumstances beyond their control, including but not limited to weather conditions, delays, location restrictions, or technical issues. Liability is limited to the total amount paid by the Client.
14. Travel & Expenses Travel within three hours of the Algarve (Messines) is included. Additional travel will be charged at €0.40 per kilometer. Any tolls, parking fees, accommodation, or additional expenses will be billed to the Client as agreed.
15. Archiving Final Images will be stored for up to one year. After this period, retrieval may not be possible or may incur an additional fee. The Photographer/Videographer is not liable for loss of archived files.
16. Work Trades & Custom Agreements In certain cases, services may be exchanged through work trade or custom pricing arrangements. All such agreements must be clearly defined and agreed upon in writing prior to the project.
17. Confidentiality & Data Protection All client information will be handled with care and kept confidential, except where disclosure is necessary to fulfill the services. Data is handled in accordance with applicable data protection laws.
18. Dispute Resolution In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. If no resolution is reached, the matter will proceed to mediation before any legal action is taken.
19. Governing Law This agreement shall be governed by the laws of the agreed jurisdiction between both parties.
20. Variation No variation of these Terms & Conditions shall be valid unless agreed in writing by both parties.
