Terms & Conditions
Obchodní podmínky
Last updated: February 2026
By booking a photography session with Nijio Photography, you agree to the following terms and conditions.
What Does This All Mean?
A friendly explanation of the legal stuff below
Copyright = I Keep the Rights
I take the photos, so I own them (like you own your costume). But you get a lifetime license to use them! Post, print, show off. Just don't edit them or sell to companies. Standard for all photographers.
Cancellations Are Flexible
Life happens! Cancel 24+ hours ahead = only lose deposit. For conventions, find someone to take your slot = full refund anytime.
Rain Won't Cancel
Rain is dramatic for photos! We'll adapt. Only dangerous weather (lightning, etc.) cancels shoots.
30 Days to Pick
You have 1 month to choose photos. Pick within 30 days = guaranteed 6-8 week delivery. Take longer = still get photos, but on my schedule.
Your Data Is Safe
I never sell your data. You can request deletion anytime. EU GDPR compliant!
Unlimited Fixes!
Loose hair? Stray thread? Unlimited fixes. Plus one major re-edit if you don't like colors/style.
Bottom line: Industry-standard, fair, protects both of us. Win-win! 🎉
1. Copyright and Usage Rights
1.1 Copyright Ownership
The photographer (Nijio Photography) retains full, exclusive, and perpetual copyright and intellectual property rights to all photographs taken during any session. This includes all raw files, edited files, and derivative works. The photographer maintains complete creative and commercial control over all images.
1.2 Client License
Upon full payment, clients receive a non-exclusive, perpetual, worldwide license to use the final edited photographs for personal and promotional purposes as outlined below.
PERMITTED USES:
- Posting on personal social media accounts (Instagram, Twitter, Facebook, TikTok, etc.)
- Posting on cosplay portfolio websites and communities
- Ordering prints for personal use or sale to individual customers
- Using for self-promotion of your cosplay, modeling, or artistic work
- Including in cosplay competition entries and portfolios
- Sharing with friends, family, and followers
PROHIBITED USES:
- Editing or altering the photographs in any way (filters, cropping beyond watermark removal, color adjustments, etc.)
- Selling or licensing the photographs to third-party businesses or companies
- Using the photographs for commercial advertising of products or services not directly related to your personal cosplay work (e.g., selling to brands, using in product advertisements)
- Claiming the photographs as your own work or removing photographer attribution when required
- Sublicensing or transferring usage rights to other parties
1.3 Watermark Policy
For Physical Prints: Clients may crop out or remove the photographer's watermark when ordering prints for personal use or sale.
For Online Posting: Clients may crop the watermark from the image, but must provide photographer credit by either:
- Tagging @nijio_photography (or equivalent) on the platform
- Listing "Photo by Nijio Photography" in the caption or description
1.4 Photographer's Portfolio and Commercial Rights
As the copyright holder, the photographer has unrestricted rights to use any photographs from any session for any purpose, including but not limited to:
- Portfolio, website, and promotional materials
- Social media posts, stories, and advertisements
- Competition entries, exhibitions, and publications
- Marketing and advertising of photography services
- Sale as stock photography or art prints
- Use in educational materials or workshops
- Licensing to third parties for commercial use
Note: While the photographer retains full rights to use images commercially, client privacy and dignity will be respected. Images will not be used in contexts that would reasonably be considered defamatory or harmful to the client's reputation.
2. Booking and Cancellation Policy
2.1 Location Photoshoots
Deposit: A non-refundable deposit is required to secure the booking.
Cancellation more than 24 hours before session: The deposit is not refunded, but the client is only responsible for any non-refundable expenses already incurred (e.g., non-refundable transportation tickets, venue fees).
Cancellation less than 24 hours before session: The photographer is entitled to 50% of the total booking cost plus any incurred expenses. This will be evaluated on a case-by-case basis considering circumstances.
2.2 Convention Photoshoots
Cancellation more than 5 days before convention: Full refund.
Cancellation 5 days or less before convention: 50% refund.
Cancellation less than 36 hours before slot: No refund.
Replacement Option: If the client finds another person to take their slot at any time before the session, they are entitled to a full refund regardless of timing.
2.3 Photographer Cancellation / Force Majeure
If the photographer must cancel due to illness, emergency, or circumstances beyond their control, the client will receive:
- Full refund of all payments, OR
- Option to reschedule at no additional cost
The photographer is not liable for any indirect costs incurred by the client (travel, accommodation, costume expenses, etc.).
2.4 Weather Conditions
Minor Weather (Rain, Wind, Clouds): These are NOT grounds for cancellation or refund. In case of rain or adverse weather, the shoot will either:
- Continue at the planned location using covered areas or rain as a creative element
- Move to an alternative indoor or sheltered location
- Be rescheduled by mutual agreement (no refund, treated as regular rescheduling)
Severe/Dangerous Weather: Only in cases of severe weather conditions that pose a genuine safety risk (lightning storms, extreme winds, flooding, extreme cold/heat warnings) will a full refund or free rescheduling be offered. The photographer has sole discretion to determine what constitutes dangerous conditions.
3. Payment Terms
Cash
Preferred method
Card
On-site payment
Bank Transfer
Special circumstances only
3.1 Late Payment
Full payment must be received before edited photos are delivered. If payment is not received within 30 days of invoice, the photographer reserves the right to:
- Withhold delivery of photographs
- Cancel the license to use any preview images
- Charge a late fee of 10% per week overdue
4. Session Entitlements and Limitations
4.1 Photo Delivery
The client is entitled to the number of edited photos and session duration as specified in their booking package. Additional photos or time may be purchased as add-ons.
4.2 Photographer's Creative Control
The photographer reserves the right to decline any specific pose, concept, or shot request for any reason, including but not limited to:
- NSFW or sexually explicit poses
- Dangerous or unsafe setups
- Concepts that violate venue rules or laws
- Requests that conflict with the photographer's artistic vision or ethical standards
4.3 Minors Policy
Clients under 18 years of age must have written permission from a parent or legal guardian. By confirming a booking, the minor confirms that they have obtained such permission. The photographer may request proof of parental consent before the session.
4.4 Raw Files
Clients are not entitled to any raw (unedited) files. Only final edited images as agreed in the package will be delivered. Raw files will not be provided under any circumstances.
4.5 Client Conduct
Clients are expected to:
- Arrive on time for the scheduled session
- Behave professionally and respectfully toward the photographer and others
- Follow venue rules and photographer's safety instructions
- Not be under the influence of alcohol or drugs during the session
- Not engage in harassment, discrimination, or abusive behavior
The photographer reserves the right to immediately terminate a session without refund if the client engages in abusive, threatening, discriminatory, or inappropriate behavior. This includes but is not limited to verbal abuse, physical aggression, sexual harassment, or creating an unsafe environment.
5. Editing and Re-Edit Policy
5.1 Minor Fixes (Unlimited)
The client may request unlimited minor technical fixes, such as:
- Removing loose hairs or stray threads
- Removing visible phones, bags, or personal items in background
- Fixing small blemishes or skin imperfections
- Removing minor distractions (litter, signage, etc.)
5.2 Major Re-Edit (Once)
The client is entitled to one major re-edit request per photo if they are unsatisfied with:
- Color grading or toning
- Overall editing style
- Exposure or contrast adjustments
This must be a reasonable request and communicated within 14 days of receiving the final photos.
5.3 What is NOT Included
- Complete re-shoots or new photos
- Extensive background replacements or compositing (unless paid as VFX add-on)
- Body reshaping or significant alterations to the subject
- Changes that fundamentally alter the photographer's artistic style
6. Workflow and Delivery Timeline
📋 The Complete Process
Photoshoot Completed
Session takes place as scheduled
Preview Album Delivery (Within 10 Business Days)
The photographer delivers an online gallery with watermarked, unfinished preview photos. These are for selection purposes only and are not the final product.
Client Selection Process
The client reviews the preview album and:
- Selects which photos they want edited (up to the number included in their package)
- Marks any photos for VFX treatment (if purchased)
- Provides notes and preferences in the provided notes section
Important: Notes are for general preferences (e.g., "I prefer cooler tones," "Please remove the person in the background"). They are NOT for step-by-step editing instructions. The photographer is not obligated to follow detailed technical instructions.
Locking the Selection
Once satisfied with their selections, the client 'locks' the album, preventing any further changes. Editing work begins only after the selection is locked.
Selection Deadline: Clients must complete and lock their selection within 30 days (1 month) of receiving the preview album.
After 30 Days: If selection is not completed within 30 days, the photographer's delivery timeline (6-8 weeks) becomes void. The client is still entitled to receive their photos, but must accept that delivery may take longer than the standard timeframe. The photographer will complete the work as schedule permits.
Final Photo Delivery
Standard Edits: Within 6 weeks of selection being locked (if locked within 30 days)
Albums with VFX: Within 8 weeks of selection being locked (if locked within 30 days)
Note: These timelines only apply if the client completes their selection within the 30-day window.
6.1 Delivery Guarantee (For Timely Selections)
If the client completes their selection within 30 days AND the final edited photos are not delivered within the stated timeframe (6 or 8 weeks), the client is entitled to BOTH:
- A full refund of all payments, AND
- The completed photos once finished
This guarantee does not apply if:
- The client took longer than 30 days to complete their selection
- Delays are caused by the client (unresponsive to clarification requests, requesting multiple re-edits, etc.)
- Force majeure events prevent timely delivery
7. Liability and Limitations
7.1 Photographer's Liability
The photographer's total liability for any claim arising from a photography session is strictly limited to the total amount paid by the client for that specific session. The photographer is not responsible for:
- Venue closures, access restrictions, or location issues beyond the photographer's control
- Weather conditions (except as specified in Section 2.4 regarding dangerous conditions)
- Loss, theft, or damage to client's costumes, props, or personal belongings
- Indirect, consequential, or incidental damages including but not limited to: travel expenses, accommodation costs, time off work, costume production costs, lost opportunities, emotional distress
- Equipment failure (the photographer maintains backup equipment but cannot guarantee against all technical failures)
- File corruption, data loss, or technical issues after delivery (clients should back up received files)
- Third-party service failures (online galleries, file transfer services, etc.)
7.2 Client's Responsibility
The client is responsible for:
- Ensuring their costume, outfit, or props do not violate venue rules, public decency laws, or copyright/trademark restrictions
- Obtaining any necessary permits, permissions, or releases required for the chosen location
- Their own safety and the safety of their belongings during the session
- Following the photographer's safety instructions and venue regulations
- Any damage they cause to venues, property, or equipment
- Backing up delivered digital files - the photographer is not responsible for files lost after delivery
7.3 Dispute Resolution
In the event of any dispute arising from these terms or the photography services:
- The parties agree to first attempt resolution through good-faith direct communication
- If direct communication fails, the parties agree to attempt mediation through a mutually agreed upon neutral third party before pursuing legal action
- Any legal disputes shall be governed by the laws of the Czech Republic and resolved exclusively in Czech courts
- The prevailing party in any legal action shall be entitled to recover reasonable attorneys' fees and costs
7.4 Limitation of Service
Nijio Photography operates as a sole proprietorship. Services are provided personally by the photographer. The photographer does not guarantee the availability of substitute photographers and is not liable for inability to provide services due to personal illness, injury, or other personal circumstances beyond reasonable control.
8. Privacy and Data Protection (GDPR)
8.1 Data Controller
Nijio Photography acts as the data controller for all personal information collected in connection with photography services. Personal data is processed in accordance with EU General Data Protection Regulation (GDPR) and Czech data protection laws.
8.2 Data Collection and Purpose
The photographer collects and processes the following personal data solely for the purposes stated:
- Contact Information (name, email, phone number): For booking management, session coordination, and delivery of services
- Social Media Handles (Instagram, etc.): For proper photo attribution and communication
- Payment Information: For processing payments and maintaining financial records
- Session Details (character name, series, preferences): For delivering customized photography services
- Photographs (including images of you): For delivering the contracted services and for photographer's portfolio/marketing purposes
Data is collected with your consent at the time of booking and is processed on the legal basis of contract performance and legitimate business interests.
8.3 Your Rights Under GDPR
You have the following rights regarding your personal data:
- Right of Access: Request a copy of all personal data held about you
- Right to Rectification: Request correction of inaccurate or incomplete data
- Right to Erasure: Request deletion of your data (subject to legal retention obligations and legitimate business needs)
- Right to Restrict Processing: Request limitation on how your data is used
- Right to Data Portability: Receive your data in a portable format
- Right to Object: Object to processing based on legitimate interests
- Right to Withdraw Consent: Withdraw consent for marketing communications at any time
To exercise these rights, contact: nijio@nijiophotography.com
Note: Photographs delivered as part of your contract are subject to copyright and portfolio rights (Section 1.4). Requests to delete photographs may be limited by these contractual and copyright considerations.
8.4 Data Retention
Personal data will be retained for the following periods:
- Booking and payment records: 7 years (required for tax and accounting compliance under Czech law)
- Photographs: Indefinitely (necessary for copyright protection and portfolio purposes as outlined in Section 1.4)
- Marketing communications: Until you opt out or withdraw consent
- General contact information: As long as there is an ongoing business relationship or until deletion is requested (subject to legal obligations)
8.5 Data Security
The photographer implements appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic storage or transmission is 100% secure, and absolute security cannot be guaranteed.
8.6 Third-Party Services
Personal data may be shared with third-party service providers solely for the purpose of delivering photography services:
- Online gallery hosting services (for photo delivery)
- Payment processors (for transaction processing)
- Cloud storage providers (for backup and delivery)
These providers are contractually bound to protect your data and use it only for the specified purposes. Data is not sold or shared for marketing purposes.
8.7 Right to Lodge a Complaint
If you believe your data protection rights have been violated, you have the right to lodge a complaint with the Czech Office for Personal Data Protection (Úřad pro ochranu osobních údajů - ÚOOÚ):
Website: www.uoou.cz
Email: posta@uoou.cz
9. General Provisions
9.1 Amendments to Terms
The photographer reserves the right to modify these terms and conditions at any time. Changes will be effective immediately upon posting to the website. Clients with existing bookings at the time of changes will be governed by the terms in effect at the time of their booking. Clients will be notified of material changes via email where possible.
9.2 Severability
If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
9.3 Waiver
No waiver of any provision of these terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
9.4 Assignment
The client may not assign, transfer, or delegate their rights or obligations under these terms without the prior written consent of the photographer. The photographer may assign these terms or delegate performance to qualified professionals at their discretion.
9.5 Entire Agreement
These terms and conditions, together with any booking confirmation, payment receipt, and package description, constitute the entire agreement between the client and photographer and supersede all prior negotiations, representations, or agreements, whether written or oral, relating to the subject matter herein.
9.6 Language
These terms are provided in both English and Czech for convenience. In the event of any conflict or inconsistency between the English and Czech versions, the English version shall prevail and be considered the authoritative version.
9.7 Acceptance of Terms
By booking a photography session, making a deposit, or using the photographer's services, the client acknowledges that they have read, understood, and agree to be bound by these terms and conditions in their entirety.
Obchodní podmínky
Standardní, férové podmínky. Chrání nás oba.
Úplný český překlad dostupný na vyžádání.