Service Agreement (Public Offer) for Photography Services
lenasubbph.com
Last Updated: 23.11.2025
This document constitutes a legally binding public offer (“Offer”) under Articles 1336 and 1337 of the Italian Civil Code and applicable EU laws. By using the website lenasubbph.com, submitting a booking request, or communicating with the Photographer, the client (“Customer”) fully accepts the terms of this Offer.
Parties and Definitions
- Service Provider / Photographer (“Provider”): Elena Subbotina, registered with Partita IVA: 12 851 250 964
- Customer: any individual or entity requesting photography services via the Website or any communication channel.
This Offer regulates the use of the Provider’s services within the EU and particularly within Italy.
2. Services Provided
2.1. The Provider offers professional photography services, including but not limited to:
- Portrait, lifestyle, studio, or outdoor photoshoots
- Event photography
- Retouching and post-production
- Delivery of digital photo materials
- Other agreed-upon photography services
2.2. Specific details (session duration, location, number of edited photos, pricing) are communicated to the Customer prior to booking.
3. Booking and Acceptance of the Offer
3.1. A booking may be made through:
- Website forms
- Messaging apps or social media
- Phone
- In-person communication
3.2. The contract is considered concluded when:
- The Customer confirms a date and time, and
- A deposit (required) is paid
- The Customer explicitly accepts the terms in writing or verbally.
This constitutes acceptance of the Offer as per Article 1326 of the Italian Civil Code.
4. Prices and Payments
4.1. Prices are communicated directly or displayed on the Website. All fees may include or exclude VAT according to the Provider’s tax status in Italy (Partita IVA).
4.2. Payment methods may include:
- Bank transfer
- Card payment
- Cash
- Other methods agreed between the parties
4.3. Deposits are non-refundable, unless cancellation is made within the timeframe indicated in section 6.
4.4. The Provider reserves the right to request full or partial advance payment.
5. Rights and Obligations
5.1. Provider’s obligations:
- Deliver the agreed-upon services in a professional manner
- Respect deadlines and provide final materials as agreed
- Ensure proper handling of personal data under GDPR
- Inform the Customer about any changes or unforeseen circumstances
5.2. Provider’s rights:
- Refuse or discontinue service if the Customer violates this Agreement, behaves disrespectfully, aggressively, or creates unsafe conditions
- Reschedule the session due to illness, force majeure, or unsafe weather conditions
- Use photos in portfolio, website, and social media only with Customer’s explicit consent, in compliance with EU image rights laws (Articles 96–97 L. 633/1941)
5.3. Customer’s obligations:
- Provide accurate booking information
- Arrive on time and follow the session instructions
- Pay the agreed price on time
- Behave respectfully and ensure a safe working environment
6. Cancellation and Rescheduling
6.1. The Customer may cancel or reschedule a session by notifying the Provider within:
- 24 hours / days before the scheduled session (you specify).
6.2. If the cancellation is made later than the required timeframe, the deposit is forfeited.
6.3. If the Provider cancels due to justified reasons (illness, force majeure), the deposit is refunded in full or the session is rescheduled.
7. Delivery and Storage of Final Materials
7.1. Delivery times and formats are agreed individually (e.g., download link, online gallery).
7.2. RAW (unedited) files are not provided unless explicitly agreed upon.
7.3. The Provider stores final edited files for a period of 2 months. After this period, files may be permanently deleted.
8. Copyright and Image Rights
8.1. All photographs are protected by Italian and EU copyright legislation (Law 633/1941 and EU Directive 2001/29/EC).
8.2. Copyright remains with the Provider.
8.3. The Customer receives a non-exclusive license for personal use of the photos.
8.4. Commercial use or redistribution requires written permission from the Provider.
8.5. Provider may use photos for portfolio or promotional purposes only with the Customer’s signed consent, as required under Italian image rights law.
9. Refusal of Service
The Provider has the right to refuse or suspend services if:
- The Customer violates this Agreement
- The Customer behaves rudely, aggressively, or disrespectfully
- The Customer creates unsafe or unsuitable conditions for shooting
- Payment terms are not followed
- The Customer provides false or misleading information
This right is granted under Article 1375 of the Italian Civil Code (good faith in contractual performance).
10. Liability
10.1. The Provider is not responsible for:
- Delays caused by the Customer
- Poor weather conditions
- Technical failures not caused by negligence
- Force majeure events (Article 1218 of the Italian Civil Code)
10.2. The Customer is responsible for any damage to equipment caused by their direct fault or negligence.
11. Personal Data Protection (GDPR)
11.1. Personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR) and Italian Legislative Decree 196/2003 (as amended).
11.2. Detailed information is provided in the Privacy Policy available at:
https://lenasubbph.com (Privacy Policy page)
11.3. Data is not shared with third parties except where necessary for service delivery or required by law.
12. Applicable Law and Dispute Resolution
12.1. This Agreement is governed by:
- Italian Civil Code
- EU consumer protection laws
- Applicable photography and copyright laws
12.2. Any disputes will be resolved through negotiation.
12.3. If no agreement is reached, disputes fall under the jurisdiction of Italian courts at the Provider’s place of residence/business.
13. Final Provisions
13.1. This Offer enters into force upon publication on the Website.
13.2. The Provider may amend the Offer at any time. Changes take effect upon publication.
13.3. Continued use of the Website implies acceptance of the updated Offer.