Service Terms

PART TWO

LEGAL TERMS AND CONDITIONS

1. Deposit, Payment and Late Fees 

The full Session Fee and any applicable Third-Party Service fees stated in the invoice must be paid to secure the booking. The booking is confirmed only when the required payment has been received by Elefond. The Session Fee does not include Final Images, prints, albums, frames, additional retouching or other deliverables unless expressly stated in the quotation or invoice. Fees for selected Final Images, prints, albums and other deliverables are payable after the Client has completed their image selection. Retouching, printing and production will begin only after the relevant invoice has been paid in full. All fees are quoted in Singapore dollars unless otherwise stated. Late payment interest may be charged on overdue amounts at zero point five percent (0.5%) per week, calculated on a simple basis from the payment due date, or at the maximum rate permitted under applicable law, whichever is lower. Any bank charges or transaction fees specifically incurred as a result of the Client’s chosen payment method shall be borne by the Client.

2. Proofing and Selection Period 

Proof Images will generally be made available within two to six weeks after the Session unless otherwise agreed in writing. For private commissions, Proof Images will ordinarily be presented during a viewing session. Where the Client is unable to attend a viewing session, or where Elefond considers an online selection process more appropriate, Elefond may provide the Proof Images through an online gallery instead. For corporate team photography and similar assignments, Proof Images will ordinarily be provided through an online gallery. Elefond will curate the images presented as Proof Images. Proof Images will generally be colour corrected, and selected images may be retouched as samples to demonstrate the anticipated final result. Proof Images are not Final Images. They may not be downloaded, published, distributed, reproduced, edited, screen-captured or otherwise used by the Client unless expressly authorised by Elefond. The Client must complete their image selection within sixty (60) days after the Proof Images are made available. Elefond may delete unselected images, RAW files and other working files ninety (90) days after the Proof Images are made available, without further notice. Elefond does not guarantee that any image or file will remain available after this period. Where archived files remain available, recovery may be provided at Elefond’s discretion and will be subject to a retrieval fee of S$100. The Client is responsible for downloading and maintaining suitable backups of all Final Images delivered by Elefond. Elefond does not guarantee permanent storage of delivered files.

3. Cancellation, Rescheduling, Non-Attendance and Weather

3.1 Cancellation and Late Rescheduling
If the Client cancels the Session, or requests to reschedule less than sevent days before the scheduled Session start time, the original Session will be treated as cancelled. The Session Fee and any fees paid for hair and makeup or other Third-Party Services will be forfeited and will not be refunded, transferred or credited towards another Session. Any additional Third-Party Service costs or production expenses already incurred or committed by Elefond, to the extent not already paid, will remain payable by the Client. If the Client wishes to arrange another Session date, this will be treated as a new booking. The applicable Session Fee and any Third-Party Service fees must be paid in full to secure the new date. Elefond may, at its discretion, waive or transfer all or part of the affected fees as a gesture of goodwill. Any such concession applies only to that particular occasion and does not entitle the Client to the same concession on any future occasion.

3.2 Rescheduling with at Least 7 Days’ Notice
A request to reschedule must be made in writing. Where the request is received at least seven days before the scheduled Session start time, Elefond will make reasonable efforts to accommodate the request, subject to availability.
The Session Fee may be transferred to a replacement Session date occurring within thirty (30) days of the original scheduled Session date. Fees paid for hair and makeup or other Third-Party Services may be transferred only where the relevant service provider permits the booking to be transferred. The Client will be responsible for any cancellation, rescheduling or replacement fee imposed by the relevant service provider. Any subsequent request to reschedule remains subject to availability, the applicable notice period, the thirty-day period calculated from the original scheduled Session date and these Terms.

3.3 Failure to Attend
Failure to attend the scheduled Session without prior written notice will be treated as a cancellation under Clause 3.1

3.4 Weather-Affected Sessions
Where weather conditions materially affect the safety, feasibility or intended outcome of a Session, Elefond and the Client will discuss whether to proceed, modify, postpone or reschedule the Session. Any decision to cancel the Session on the scheduled date due to severe weather must be mutually agreed between Elefond and the Client.
Rescheduling will be prioritised where reasonably possible. If Elefond and the Client mutually agree to cancel rather than reschedule, Elefond may retain up to fifty percent (50%) of the Session Fee to cover planning, preparation and the allocation of time and resources. Fees paid for Third-Party Services will be subject to whether the relevant provider permits the booking to be cancelled or transferred and whether the provider’s time, service or resources have already been committed. This Clause is an exception to the general cancellation provisions under Clause 3.1.

4. Scope and Additional Charges 

The agreed scope of work will be stated in the quotation, invoice, project brief or other written communication accepted by Elefond and the Client. Work outside the agreed scope, including extended Session time, additional subjects, additional locations, additional editing, alternative versions and additional deliverables, will be charged at Elefond’s prevailing rates. Where reasonably practicable, additional charges will be communicated to the Client before the additional work is undertaken. Where additional costs arise because the Client exceeds the agreed Session time, changes the scope during production, provides incomplete or inaccurate instructions or causes avoidable delays, Elefond may charge the resulting additional costs.

5. Production Timelines 

Retouching generally requires between two and eight weeks, depending on the number of selected images, the complexity of the work and Elefond’s current production schedule. The retouching period begins only after:
the Client has completed their image selection; and all fees relating to the selected images and retouching work have been paid in full. Prints, albums, frames and other physical products may require up to eight weeks after payment and confirmation of the relevant specifications. Production and delivery periods may vary depending on complexity, vendor schedules, material availability, printing issues, delivery conditions, peak periods and other circumstances outside Elefond’s reasonable control. All production and delivery periods are estimates unless a guaranteed deadline has been expressly agreed in writing. Elefond will inform the Client where a material delay becomes known.

6. Copyright, Attribution and Image Licensing

6.1 Copyright Ownership
Elefond retains full copyright ownership of all photographs and other photographic works created during the Session unless copyright is expressly assigned under Clause 6.4. Payment for the Session, Final Images, Third-Party Services or other services does not transfer copyright or ownership of the photographic works to the Client.
Only the Final Images purchased by or delivered to the Client are licensed for use.
Proof Images, rejected files, RAW files, working files and unselected images are not included in the Client’s licence. Any licence granted under these Terms takes effect only after all applicable fees have been paid in full.

6.2 Personal and Corporate Licence
Unless otherwise stated in writing, Final Images are supplied under a non-exclusive Personal and Corporate Licence. This licence permits use for personal branding, professional profiles, corporate profiles, websites, internal communications and non-advertising promotional materials. The Final Images may not be sold, licensed to an unrelated third party or used for paid advertising unless Elefond has granted the appropriate additional licence. The Client may crop or resize the Final Images where reasonably required for an approved use. The Client must not materially alter the Final Images in a manner that misrepresents the subject, the photographic work or Elefond’s authorship.

6.3 Commercial and Advertising Licence
A Commercial and Advertising Licence permits the approved Final Images to be used in advertising, marketing campaigns, editorial features and promotional materials across approved digital and print platforms. The licence may include use by advertising agencies, public relations agencies, designers, publishers and other third parties appointed by the Client, solely for the approved purposes and on the Client’s behalf. The permitted uses and any applicable duration, platform, territory or other restrictions may be stated in the relevant quotation, invoice or written licence.

6.4 Copyright Assignment
Any transfer of copyright must be expressly agreed in writing and paid for in full before the copyright assignment takes effect. A copyright assignment does not include delivery of RAW files, rejected files, working files, editing files or other unfinished materials unless Elefond expressly agrees otherwise in writing. RAW files and other unfinished work will not be delivered to the Client and may be permanently deleted by Elefond following completion of the copyright assignment.

6.5 Attribution
Where reasonably practicable, the Client shall credit the Photographer and Elefond when publishing or displaying the Final Images. The appropriate credit is:
Photography by Sha’an Ng / Shaan Studio or such other credit as Elefond may specify in writing.

7. Artistic and Editorial Control

Elefond retains professional and creative discretion over the photographic process, including planning, composition, posing, lighting, equipment, location use, curation, colour treatment, editing, retouching and presentation. Elefond will determine which images are technically and artistically suitable to be presented as Proof Images. The Client will select their Final Images from the Proof Images presented by Elefond. RAW files, rejected images, duplicate images, test images, technically unsuitable images and other files not selected by Elefond for presentation will not be supplied. Photography is a creative service. Natural variation in expression, lighting, interpretation, composition and editing is part of the process. Requests for additional retouching, alternative edits or new versions may be accommodated at Elefond’s discretion and may be subject to additional charges.

8. Releases and Portfolio Use

The Client consents to the creation and processing of images during the assignment. Elefond may use selected images for portfolio, exhibitions, competitions, publications, and marketing unless otherwise agreed in writing. Where confidentiality is required, such requirements shall be governed by Clause 9 (Embargo and Confidentiality Arrangements) and Clause 15 (Relationship with Client Agreements). Images may, where appropriate, be used in anonymised form. Where a copyright buyout is in place, portfolio usage is governed strictly by that agreement. The Client confirms that all necessary permissions have been obtained and agrees to indemnify Elefond against related claims. Portfolio and promotional use of images is subject to Clause 14 (Personal Data Protection), Clause 9 (Embargo where applicable), and Clause 15 (Relationship with Client Agreements). Where reasonable confidentiality requirements exist, Elefond may anonymise or de-identify subjects while retaining portfolio usage rights.

9. Embargo and Confidentiality Arrangements

Where the Client requires Elefond to delay publication or portfolio use, Elefond and the Client may agree to a temporary embargo for an additional fee. The agreed embargo period and fee must be recorded in the quotation, invoice or other written agreement. Unless otherwise agreed, available embargo periods may range from three to twelve months from the Session date. During the agreed embargo period, Elefond will not publicly publish, display or share the commissioned images for portfolio, professional showcase, publicity or promotional purposes. Upon expiry of the embargo period, Elefond’s rights under Clause 8 will resume automatically unless another written restriction has been expressly accepted by Elefond. An embargo does not transfer copyright, ownership or control of the photographic works to the Client.
Any permanent contractual restriction on portfolio or promotional use must be separately negotiated and expressly accepted by Elefond in writing. Such a restriction may require a copyright assignment or another separately agreed fee.

10. Independent Hair, Makeup and Other Service Providers

Hair artists, makeup artists, assistants, venues, printers and other third-party providers engaged in connection with the Session provide their services as independent service providers. Elefond may arrange and collect payment for Third-Party Services from the Client. This does not make the third-party provider an employee of Elefond. The Client must disclose any allergies, skin conditions, sensitivities, injuries, medical concerns or other relevant information directly to the applicable provider before receiving the service. Elefond is not responsible for reactions arising from an allergy, sensitivity or relevant condition that was not disclosed to the applicable provider. Third-Party Services may be subject to the provider’s own cancellation, rescheduling, safety and service terms.

11. Failure to Perform 

In the event of unforeseen circumstances including illness, emergencies, or force majeure events, both parties will make reasonable efforts to reschedule. If rescheduling is not possible, a refund of the deposit will be issued and neither party shall hold further liability. In cases of technical failure not caused by negligence, Elefond will offer a reshoot or refund of the deposit. A substitute photographer of comparable standard may be assigned where necessary.

12. Pre Production and Overseas Work 

For overseas assignments, Clients are responsible for all travel and accommodation costs for crew and related personnel. Pre production planning and coordination may be charged separately as agreed. All logistics including flights, accommodation, travel days, scouting, standby, and rest days will be billed in accordance with pre agreed terms.

13. Liability and Indemnity 
The Client is responsible for all use of delivered images and agrees to indemnify Elefond against any claims arising from misuse, unauthorised distribution, or breach of licensing terms. The total liability of Elefond arising out of or in connection with this Agreement, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the Client for the specific assignment. In no event shall Elefond be liable for any indirect, incidental, consequential, or special damages, including loss of profits, business, or reputation.

14. Personal Data Protection 

Elefond may collect, use, process, store and disclose personal data, including photographs of identifiable individuals, contact information, correspondence, payment information and project details. Personal data may be disclosed to service providers where reasonably necessary to perform the contracted services, including online gallery providers, cloud storage providers, retouchers, printers, album manufacturers, couriers, payment providers and other production vendors. Where the Client arranges a Session involving other identifiable individuals, the Client is responsible for ensuring that those individuals are appropriately informed about the photography and the manner in which their personal data may be processed. Unselected image files may be deleted after the period stated in Clause 2. Final Images, portfolio images, transaction records and other personal data may be retained for as long as reasonably required for the purpose for which they were collected, or for legitimate business and legal purposes. Elefond will handle personal data in accordance with its obligations under applicable personal data protection laws. Questions or requests relating to personal data may be directed to Elefond through the contact details published on shaanng.com.

15. Governing Law and Communication 

The Client confirms they have had the opportunity to review these Terms prior to engagement. This agreement is governed by the laws of the Republic of Singapore. Written communication via email or messaging platforms shall constitute binding instructions between both parties.

16. Relationship with Client Agreements 

This Agreement governs all ownership, copyright, licensing, usage, and portfolio rights relating to photographic works created by Elefond unless otherwise expressly agreed in writing and signed by both parties. Any Non Disclosure Agreement (NDA) or external agreement provided by the Client shall apply only to confidential business, operational, or commercial information expressly identified as confidential within such agreement. Photographic works, including images, negatives, digital files, previews, and derivatives, shall not be deemed confidential information unless expressly stated in writing by Elefond. Where both this Agreement and a Client NDA apply, the parties shall interpret the documents to give effect to both where reasonably possible. In the event of conflict, this Agreement shall prevail in relation to copyright, licensing, usage rights, and portfolio usage unless otherwise expressly agreed in writing by both parties. Any restriction on portfolio use or publication shall only be valid if expressly agreed in writing by Elefond.

~ End of Terms of Service ~

Thank you for taking the time to review our Terms of Service. If you require any clarification or have questions about any part of these terms, please contact us and we will be happy to go through them with you.