Public Offer
Hereby Letunovskiy Petr Vladimirovich, TIN 781428093185, hereinafter referred to as the Contractor), in accordance with the procedure provided for by Clause 2 of Article 437 of the Civil Code of the Russian Federation, offers an unlimited number of persons to enter into a service agreement on the terms set forth below (public offer). Making a prepayment constitutes full and unconditional acceptance of this offer (Clauses 1 and 3 of Article 438 of the Civil Code of the Russian Federation), as well as the fact that the Parties have entered into the Agreement on the terms of this offer (Clause 1 of Article 433 of the Civil Code of the Russian Federation). In this case, proper performance of the terms of the concluded Agreement is the obligation of both Parties (Article 309 of the Civil Code of the Russian Federation). The Client must read this document in full before making payment.
TERMS USED IN THIS OFFER
1.1. Photograph, work — a visual image obtained as a result of photography.
1.2. Event — the Client’s wedding celebration.
1.2. Acceptance of the Offer — full and unconditional acceptance of the Offer by performing the actions specified in Clause 2.6 of the Offer. Acceptance of the Offer creates the Agreement.
1.3. Agreement — an agreement for the provision of photography services for the Event, concluded between the Contractor and the Client.
1.4. Website — an Internet resource containing complete information about the subject matter of the agreement, located at peterletu.com.
1.5. Application — a statement completed by the Client of the intention to enter into an Agreement with the Contractor, containing information about the selected service package and the photography time. The Application is completed by filling out a form on the website at peterletu.com, or in the form of a message in messengers, social networks, an email, or orally — by telephone.
1.6. Processing — editing photographs, including the author’s color correction and retouching.
1.7. Service Packages — standard terms for the provision of services established by the Contractor, differing in scope, quantity, cost, and type. Descriptions of all Service Packages are indicated on the Website at peterletu.com or are agreed upon separately by the parties through electronic communication.
SUBJECT MATTER OF THE AGREEMENT
2.1. The Contractor undertakes to provide photography services for the Client’s wedding event, create photographs as a result of the photography, and transfer to the Client the right to use them within the limits provided for by this Offer, and the Client undertakes to pay for the Contractor’s services in the manner provided for by this Offer.
2.2. The quantitative and qualitative characteristics of the Works to be created, the duration of the photography, and additional services within the framework of the photography are indicated on the website in the «Pricing» section (peterletu.com) and are determined in the Client’s Application.
2.3. The Contractor retains inalienable copyright and property rights.
2.4. To complete the Application, the Client provides the Contractor with the following data:
— surname and name;
— contact email;
— contact telephone number.
2.5. The Application completed by the Client is an integral part of this Offer.
2.6. Acceptance of this offer consists of the Client sequentially performing the following actions:
2.6.1. Providing the Contractor with their data by filling out the registration form on the Website or in free form as a message in messengers, social networks, or by email.
2.6.2. Checking the box on the Contractor’s Website confirming familiarity and agreement with this Offer, or sending a free-form message through a messenger stating that the Client has read and agrees with the terms set forth in the Offer.
2.6.3. Making a prepayment in the manner and amount provided for by Clause.3 of this Offer.
2.7. The Contractor has the right to provide the services personally or engage third parties to provide the services, while the Contractor is responsible for the actions of third parties as for their own.
PROCEDURE FOR THE PROVISION OF SERVICES
3.1. Photography is carried out in accordance with the Client’s Application on the date and at the time agreed upon between the Client and the Contractor, as well as along the photography route (at the location) agreed upon between the Client and the Contractor.
3.2. The Client undertakes to allocate at least 60 minutes of their time for a separate photo session. The Contractor is not responsible for the presence in the photographs of all guests or of any particular person this is controlled by the Client themselves.
3.3. The Client’s guests, relatives, and other photographers (hired or not) may take photographs at the Event only on the condition that their actions do not interfere with the Contractor’s performance of their obligations. The Client undertakes to facilitate the implementation of this provision in every possible way.
3.4. If, for any reason, the Contractor is unable to provide the services at the time agreed upon by the parties, the Contractor undertakes to arrange a replacement and engage another photographer of the same professional level or higher to provide the services. In this case, the Contractor is responsible for the actions of the engaged photographer as for their own. The engaged photographer is subject to all rights and obligations provided for by this Offer, except for the right to demand payment for services from the Client.
3.5. The choice of photographic equipment, methods, and techniques of photography used is the exclusive prerogative of the Contractor. Culling the captured material, correction, processing, cropping, and the application of any artistic effects and techniques are the Contractor’s creative process. The Client does not interfere with it and fully trusts the Contractor. The Client has reviewed the Contractor’s portfolio and agrees with the style of their work and color correction.
3.6. The created Works are transferred by the Contractor to the Client within the time limits specified in the description of the selected Service Package.
3.7. The finished photographs are delivered by sending the Client a link to a personal online gallery on the Contractor’s Website. The photographs are transferred in JPEG format. The Contractor does not transfer to the Client rejected and/or unprocessed captured material, including RAW files of processed photographs.
3.8. The photographs are stored by the Contractor for 30 days. During this period, the Client must accept the result of the work and ensure that it is saved on their device.
3.9. If the Client has claims regarding the quality, completeness, or quantity of the transferred Works, the Client sends the Contractor a reasoned refusal to accept the Works within 2 (two) calendar days from the date of their receipt. In the absence of a written reasoned refusal, the Contractor’s obligations are considered to have been performed in full and properly.
3.10. The photographs may contain signs of technical imperfection, including digital noise, aberrations, incorrect light and shadow, etc., which does not constitute grounds for making claims.
PROPERTY RIGHTS AND COPYRIGHT IN THE WORKS
4.1. Within the framework of the provision of services, an intellectual property object is created photographic works. The Contractor is the sole right holder of the Works created within the framework of the provision of services. Exclusive rights to all captured material belong to the Contractor. Copyright in the photographs belongs to the person directly providing the photography services (the Contractor or the photographer engaged by the Contractor).
4.2. The Contractor grants the Client the rights to use the captured material under the terms of a simple (non-exclusive) license, namely:
–— he right to reproduce and publicly display the Works for non-commercial purposes, including on the Internet.
4.3. Use of the Work in accordance with Clause 4.2 of this Offer is permitted in an unlimited territory and is transferred for an unlimited term.
4.4. Option 1: The Client has the right to publish the photographs only with an indication of the author’s name. At the same time, modification, distortion, or supplementation of the photographs, including through processing, application of filters, or cropping, are not permitted/permitted.
Option 2: The Client has the right to publish the photographs without indicating the author’s name. At the same time, modification, distortion, or supplementation of the photographs, including through processing, application of filters, or cropping, are permitted/not permitted.
COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of services is indicated on the Website in the description of the Service Package selected by the Client or is agreed upon separately by the parties through electronic communication. At the same time, the price of the Service Package is formed as follows:
–— 20% of the total cost of the Service Package the price for photography preparation services, the result of which is a photography concept in text format/a mood board, information on the procedure for preparing for the shoot, assistance in choosing a location, and other actions of the Photographer in preparation for the photography. The photography preparation service is considered to have been provided in full from the moment the photography concept/selection of photography locations/selection of looks (references) is sent to the Client;
–— 60% of the total cost of the Service Package the price for photography;
–— 20% of the total cost of the Service Package the price for processing photographs (retouching and color correction).
5.2. The right to use the Works is transferred to the Client free of charge.
5.3. Payment for services is made in the following manner: the Client transfers 20% of the total cost of services to the Contractor’s bank account as a prepayment on the day the parties agree upon the date and time of the photography. The remaining amount is paid on the day of the shoot. If the Client refuses the photography, the prepayment amount is refunded less the cost of services actually provided.
5.4. The price of the Contractor’s services includes remuneration for the creation of the Works, the cost of professional photography services, photograph processing, and expenses for engaging another photographer in the manner provided for by Clause 3.4 of the Offer. If the photography is conducted outside the city of Saint Petersburg, as well as in the case of shooting at several locations within the city, the Client provides transportation for the Contractor on their own and at their own expense. Travel time from one location to another is included in the duration of the shoot.
4.5. If the duration of the shoot is 6 hours or more, the Client undertakes to provide the Contractor with a hot dinner at the Event venue.
CONSENT TO THE USE OF THE IMAGE
6.1. Option 1: The Client consents to the use and publication of their images and the images of their minor children (hereinafter referred to as the Images) obtained within the framework of the provision of services. The Contractor has the right, without paying remuneration to the Client, to publish and distribute photographs depicting the Client for the purpose of advertising and promoting their services on social networks, on their website, and on other platforms on the Internet, to make the Works depicting the Client available to the public at competitions and exhibitions, and to transfer the specified rights to third parties. The right to use the Client’s images is granted to the Photographer for an unlimited term and applies in an unlimited territory. If the Client disagrees with the terms set forth in this clause, the Client undertakes to notify the Photographer of this no later than the time the prepayment is made.
The Client represents and warrants that they have duly obtained from all persons participating in the shoot written consents to the disclosure, further use, and distribution of their images in accordance with Article 52.1 of the Civil Code of the Russian Federation.
6.1. Option No. 2 2: The Photographer has no right to publish and/or otherwise use photographs depicting the Client and depicting their minor children.
LIABILITY OF THE PARTIES
7.1. The Client is responsible for the actions of their guests, family members, friends, and other persons participating in the shoot.
7.2. The Contractor is not responsible for the appearance of the Client and other persons participating in the photography; that is, during photograph processing, no changes are made to the style of clothing, hairstyle, makeup, manicure, or other components of appearance. The Contractor is also not responsible for the Client’s emotional state during the photography and, accordingly, for the emotional component of the photographs (absence of smiles in the photographs, etc.).
7.3. If the Client is late, the duration of the shoot is reduced by the amount of the delay. Payment is made without a reduction in price, and the number of photographs transferred may be reduced in proportion to the duration of the shoot.
DISPUTE RESOLUTION
8.1. If disputes arise between the Contractor and the Client regarding matters provided for by this Offer or in connection with it, the Parties will take all measures to resolve them through negotiations.
8.2. If the specified disputes cannot be resolved through negotiations, they must be resolved in court in accordance with applicable law.
OTHER TERMS
9.1. The Agreement is considered concluded from the moment of its acceptance and remains in effect until the Parties have fulfilled all their obligations.
9.2. All approvals, notifications, and other interaction are carried out by the Parties through messengers, the Parties’ social networks, or email. Electronic correspondence has legal force for the Parties. If the terms agreed upon by the Parties through electronic communication contradict any provisions of this Offer, the Parties are guided by the terms agreed upon through electronic communication.
9.3. Acceptance of this public offer and its acceptance gives rise to the obligation of the Parties to perform the Agreement, regardless of whether it is signed by the Parties.
DETAILS
Contractor: Letunovskiy Petr Vladimirovich
TIN: 781428093185
Bank details:
Current account: 40817810055178135121
NORTH-WESTERN BANK OF SBERBANK PJSC
BIC: 044030653
Correspondent account: 30101810500000000653
Tel.: +79668210511
Email: info@peterletu.com