It is mutually agreed that the following terms and conditions form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted in writing by White Room Studio Pte Ltd (also called “the Studio / the photographer / photographers “). By booking and paying White Room Studio Pte Ltd for your portrait session you agree to be bound by the terms and conditions set out below. The term “Studio” refers to all photographers and employees of White Room Studio Pte Ltd, and the business as an entity. The term “Client” refers to the client or clients and all other individuals attending a photography session with any photographers of White Room Studio Pte Ltd.
Payment Terms:
Deposit is payable at the time of booking and at such time as additional order is placed, the deposit shall be applied to reduce the total cost and the balance is due upon order placement. For any delays in deposit payments or any delays in payments required by the clients before the Shoot or after the viewing, client agrees that an interests of 12% per annum shall be levied for payment made 2 weeks after the invoice date.
Cancellation:
The Studio understands the challenges and worries we all face in light of the Covid-19 situation. In the event that the Shoot is cancelled due to government restrictions or the Studio activity impacted by the Covid-19, the reservation deposit shall be refunded to the Client. Paid packages can be transferred to another party. The Studio shall have the right to cancel the session at any time by refunding the deposit in full to the Client at any time before the session is conducted and shall have no further liability to the Client.
Lateness / Postponement:
The Studio will accommodate where possible to extend the prescheduled session period if the Client arrives late for the Shoot. However, in circumstances where the Studio is not able to extend the session period, the session will be conducted within the prescheduled time and may result in less photographs taken due to the late arrival of the Client. The Studio shall where possible accommodate postponement of Shoot date and any such changes must be conveyed verbally to the Studio at least 3 days before the Shoot date, so that necessary amendments could be made and timeslot be given to clients in the waitlist.
Collection of Purchased Items:
The office at 5 Tank Road #04-01 is open for self-collections- Mondays to Saturdays, 10am-7pm.
The Client shall make an appointment for self-collection of their purchased items once the Studio contacted the Client to collect their items through any means the Studio finds appropriate such as email or phone message or phone call, etc. If the Client does not collect the items within 3 months of the Studio’s first contact with the Clients (and / or the Client failed to collect the items after making the appointment to self-collect), the Studio shall give a final reminder to the Client in the form of phone message or email, and thereafter, the Studio reserves the right to dispose the uncollected items after 1 month of the final reminder. The Client agrees that the Studio shall not be liable for the disposal of the uncollected items and the Client releases the Studio from any liability for any such claims whatsoever.
Alteration:
In the event that any additional shots are required or there is any alteration in the job description or creative brief for the Shoot or any editing required (besides basic touching up which may be provided at the discretion of the Studio) or other additional work is required to be done, additional charges may be payable. The Studio 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.
Exclusive Photographer:
For sessions conducted in Studio, no photography of any sort will be allowed by Client or by anyone who arrived with the Client. In the unlikely event of inability of photographer to perform due to illness or conflict of scheduling, the Studio may substitute any photographer to take the photographs. In the event of such substitution, the Studio warrants that the photographer taking the photographs shall be a competent professional.
Rights for Personal Usage Only:
All photographs taken remain the property of the Studio. The Client may reproduce photographs taken by the Studio for personal non-commercial use and for printing copies for families and friends and their own personal non-commercial use. Images may be used on personal web sites as long as a copyright notice appears near the images stating that they were taken by the Studio. The Client shall have no right to sell the photographs or submit them in a contest. Commercial and Corporate Clients will need to inform the Studio for approval if photos are to be used for commercial purposes.
Intellectual Property (Copyright, amongst others):
The Studio may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, trade exhibitions, public display such as in malls, photography books, photography instructional books, store fronts, window displays, Studio display, television advertising, magazine advertising, all digital marketing platforms and any other purpose thought proper by the Studio for the marketing of its business and services. The Client releases the Studio and its legal representatives and assigns from all claims and liability relating to said photographs, UNLESS the Client has made a request for privacy prior to the Shoot by writing, in which case the Studio may not use such photos of the Client for publicity, promotion or, presentation purposes. In the unlikely event where photographs of Client who has made a request for privacy are used for beforesaid public usage, the Studio is released from all claims and liability relating to said photographs.
Limit of Liability:
The Studio warrants and declares that every effort will be made to provide high quality photographic services. If the Studio cannot perform the duty due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to photographer’s illness, then the Studio shall return the deposit to the Client but shall have no further liability with respect to the Agreement. In the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond the Studio’s control, this limitation on liability shall also apply In the event the Studio fails to perform for any other reason, a reshoot shall be arrange for the Client base on our earliest possible available date & time. Orders typically take about 4 to 10 weeks for completion from date of order. In the unlikely event of delay in orders (for example due to delays by the Studio’s vendors or factors beyond the Studio’s control, amongst others, the Studio shall not be liable for the delay and there will be no refunds due to the delay. The limit of liability shall not exceed the Fees stated in the contract. The limit of liability for a partial loss of digital images shall be a prorated amount of the images lost based on the percentage of total number of originals. The Studio shall not be liable for any loss, damage or personal injury suffered by the Client or any other person accompanying the Client during the Shoot (this shall apply both in the Studio or outdoor Shoots).
Weather contingency:
In cases of bad weather for a scheduled outdoor session, a Studio session will be offered as an alternative, and no refund will be made for any difference in package rates.
Client’s Indemnity:
The Client shall fully indemnify the Studio in the event of any loss or damage to the fixtures, fittings or any parts of the Studio or any equipment, items, property of the Studio caused by the Client or any person accompanying the Client during the Shoot.
Inherent Qualities:
Client is aware that color dyes in photographs and any other print media may fade or discolor over time due to the inherent qualities of dyes and conditions of the environment as well as DVD or USB media which may deteriorate due to delamination and oxidation, and Client releases the Studio from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
Non-guarantee:
Although every possible care will be taken to produce photographs of all important and special events during the Shoot, the Photographer cannot place an unconditional guarantee on the above. The Studio will not be held responsible for any ruined photographs due to the weather, the non-cooperation of any person during the Shoot or other causes beyond the Studio’s reasonable control.
Privacy Policy & Data Collection:
White Room Studio is committed to ensuring that your privacy is protected. Your personal data is collected by White Room Studio, the data controller, in accordance with applicable laws and regulations. Fields marked with an asterisk are required. If any required field is left blank, it will not be possible to process your request.
You have a right to access, correct and erase your data, and a right to object to or limit the processing of your data.
Data Protection Notice
This Data Protection Notice (“Notice”) sets out the basis which White Room Studio (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
Personal Data
1. As used in this Notice:
“client” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
2. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and contact information such as your address, email address or telephone number, gender, date of birth, marital status, photographs and other audio-visual information, employment 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. We may collect and use your personal data for any or all of the following purposes:
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- (a) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
- (b) verifying your identity;
- (c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
- (d) managing your relationship with us;
- (e) processing payment or credit transactions;
- (f) sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions
- (g) any other purposes for which you have provided the information;
- (h) any other incidental business purposes related to or in connection with the above.
Withdrawing Your Consent
5. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email at hello@whiteroomstudio.com.sg.
6. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
Miscellany:
This Terms and Conditions incorporates the entire understanding of all parties. Any modifications will be published and shared herein. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision. All terms & conditions will be deemed to be accepted by and binding on the Client once the Shoot is carried out even if the Client fails to sign a Portrait Agreement prior to the Shoot. Any dispute or changes will have to be made with signed amendments prior to the commencement of the Shoot.
