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Terms & Conditions

Please read these terms carefully before booking our services. By engaging with Esha Clicks, you agree to be bound by these conditions.

๐Ÿ“… Last Updated: March 2025 ๐Ÿ“ Esha Clicks Photography, Noida Extension
Related Policies: โ†— Refund & Cancellation โ†— Delivery Policy โ†— Privacy Policy
01

Agreement

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Client") and Esha Clicks Photography ("Photographer", "We", "Us", "Our") for photography and videography services rendered under any booking confirmation.

By booking our services, making any payment, or engaging us for a shoot, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you are booking on behalf of a family or group, you represent that you have the authority to agree to these Terms on their behalf.

Note: Verbal discussions, informal messages, or social media interactions do not constitute a confirmed booking or a waiver of any of these Terms. All agreements must be confirmed in writing via WhatsApp or email.

These Terms should be read alongside our other policies, which are incorporated by reference:

In the event of any conflict between these Terms and a specific policy page, the specific policy page shall take precedence for that matter.

02

Services Offered

Esha Clicks provides the following professional services across Delhi NCR:

  • Celebration Photography: Birthday parties, first birthdays, baby showers, naming ceremonies, annaprashna, mundan ceremonies, anniversaries, retirement parties, and similar personal events
  • Couple & Wedding Photography: Roka, engagement, pre-wedding, and wedding coverage
  • Pre-Event & Themed Shoots: Pre-birthday shoots, maternity shoots, and creative themed photoshoots
  • Videography: Event video teasers and cinematic coverage as per the selected package
  • Corporate Photography: Professional event, conference, and headshot photography for businesses

Our services are provided as specified in the selected package or custom quotation shared at the time of booking. Any service, deliverable, or outcome not explicitly mentioned in the agreed package is not included and will be treated as an additional request โ€” subject to separate discussion and charges.

Esha Clicks operates as a sole photography service provider. We do not subcontract our work to third-party photographers without the client's prior knowledge and written consent.

03

Booking & Confirmation

What Constitutes a Confirmed Booking

A booking is considered confirmed only when both of the following conditions are met:

  1. The advance payment (20% of the total package value) has been received by Esha Clicks
  2. A written booking confirmation has been sent by Esha Clicks via WhatsApp or email

Until both conditions are satisfied, no date is reserved, and Esha Clicks is free to accept other bookings for the same date.

One Event Per Date

We accept only one booking per calendar date. Once your booking is confirmed, that date is exclusively reserved for your event. We will not double-book or share our commitment with another client on the same day.

Accuracy of Booking Details

You are responsible for providing accurate event details at the time of booking, including: event date, start time, venue name and full address, occasion type, and any specific coverage requirements. Errors or omissions in booking details that affect our ability to deliver the service are the client's responsibility.

Changes to Booking Details

Any changes to confirmed booking details โ€” including date, time, venue, or package โ€” must be communicated in writing at least 48 hours in advance. Last-minute changes may not be accommodable and do not entitle the client to a refund.

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For cancellation and rescheduling of confirmed bookings โ€” including advance payment forfeiture conditions and reschedule windows โ€” please refer to our Refund & Cancellation Policy.

04

Payment Terms

Standard Payment Structure

InstalmentAmountWhen Due
Booking Advance 20% of package value At the time of booking to secure the date
Balance Payment 80% of package value On event day, after completion of the shoot

Where a custom payment schedule is explicitly agreed in writing, those terms shall apply instead of the above.

Accepted Payment Methods

We accept UPI, bank transfer, and cash. Payment details will be shared officially via WhatsApp or email from Esha Clicks. We will never request payments to personal accounts through unofficial channels. Any payment made outside our official communication is at your own risk.

Taxes

All quoted prices are exclusive of applicable GST and government taxes unless explicitly stated as tax-inclusive. Tax components will be specified in the invoice where applicable. Any government-mandated changes in tax rates will be reflected in the final invoice.

Late or Withheld Payment

All deliverables โ€” including edited photos, video teasers, and physical albums โ€” will be released only after the full balance payment is received. Outstanding payments will result in the indefinite withholding of deliverables until the account is cleared.

Failure to pay the balance on event day does not entitle the client to receive any deliverables, nor does it constitute a reason for a refund of the advance paid.

05

Shoot Terms & Coverage

Pre-Shoot Consultation

Before finalising your booking, all deliverable details โ€” number of edited photos, video duration, album specifications, and event coverage hours โ€” must be reviewed and confirmed. Any changes to the agreed deliverables after package confirmation may incur additional charges.

Event Duration & Overtime

Each package covers photography and/or videography for the agreed event duration only. If coverage is required beyond the booked hours, overtime will be discussed on the day and charged at applicable rates. We will always seek your agreement before extending coverage โ€” we will not bill for overtime without your prior knowledge.

Coverage Limitations

We commit to being present and attentive throughout your booked event duration. However, we are not liable for moments missed due to circumstances outside our control, including but not limited to:

  • Event starting significantly late or running ahead of schedule without prior notice
  • Restricted access to areas of the venue
  • Non-availability or non-cooperation of key guests during important moments
  • Poor lighting, inaccessible areas, or physical obstructions at the venue
  • Two or more key moments occurring simultaneously in different locations

Venue Access & Permissions

The client is responsible for ensuring that photography and videography are permitted at the venue. Any required permissions from housing societies, venue management, or local authorities must be obtained by the client in advance. Esha Clicks is not responsible if access to a venue is denied upon arrival. No refund will be issued in such circumstances.

Safe Working Conditions

The client is responsible for ensuring a safe environment for our photographer and equipment throughout the event. We reserve the right to pause or discontinue coverage if our team is placed in an unsafe or hostile situation.

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For delivery timelines, file formats, download link validity, and what happens after the shoot, please refer to our Delivery Policy.

06

Client Responsibilities

To ensure the best possible outcome for your event, you agree to:

  • Provide complete and accurate event details at the time of booking โ€” date, time, full venue address, occasion type, and key moments to be covered
  • Notify us in writing of any changes to event details at least 48 hours before the event
  • Ensure photography and videography are permitted at the chosen venue
  • Arrange all necessary venue permissions, housing society approvals, or local authority clearances before the event date
  • Provide adequate lighting, power access (where required), and a safe working environment for our team
  • Provide timely approvals and feedback during the post-production process when required
  • Download and back up all delivered files within the validity period specified in our Delivery Policy
  • Honour the agreed payment schedule without delay
  • Treat our photographer and any accompanying team members with courtesy and respect throughout the engagement

Please note: Esha Clicks is not responsible for missed moments or quality limitations arising from situations not communicated to us in advance โ€” such as unannounced schedule changes, restricted venue access, or key individuals being unavailable during important moments.

07

Copyright & Usage Rights

Ownership of Creative Work

Esha Clicks retains full copyright and intellectual property rights over all photographs and videos created during any shoot. This is standard practice in professional photography and is recognised under Indian copyright law.

Client's Personal Use Licence

Upon full payment and delivery, clients receive a non-exclusive personal use licence for all delivered content. This licence permits you to:

  • Print photos for personal use and display in your home
  • Share photos and videos on personal social media accounts
  • Send photos to family and friends for their personal use
  • Use photos in personal greeting cards, invitations, or keepsakes

Prohibited Uses

Without prior written permission from Esha Clicks, clients may not:

  • Use delivered photos or videos for any commercial purpose โ€” including advertising, product promotion, or business branding
  • License, sell, or otherwise distribute the content to any third party for value
  • Submit photos to stock photography libraries or commercial content platforms
  • Remove watermarks, crop out credits, or misrepresent the creative work as their own
  • Alter, manipulate, or apply heavy filters to photos in a way that misrepresents the original work

Violation of these intellectual property rights may result in legal action under the Copyright Act, 1957 (India).

Portfolio & Promotional Use by Esha Clicks

We reserve the right to use photos and videos from your event on our Instagram (@esha_clicks), website, and other marketing materials โ€” unless you request otherwise in writing before the shoot. We will never share private, intimate, or sensitive content without explicit written consent.

If you prefer your photos not be used publicly, simply inform us before the event. Your request will be honoured fully.

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For details on how your personal data and images are stored and protected, see our Privacy Policy.

08

Equipment & Technical Risk

We use professional-grade cameras, lenses, memory cards, and accessories at every shoot. We carry backup bodies, cards, and batteries as standard precaution.

Despite all precautions, photography inherently carries a degree of technical risk. In the extremely unlikely event of memory card failure, hardware malfunction, or software error resulting in loss of images or video, our liability shall be limited to a refund of the amount paid for that specific service. We do not accept liability for consequential losses, emotional distress, or the perceived value of irreplaceable moments.

For context: In 4+ years and over 500 events, we have never experienced a critical equipment failure that affected final deliverables. We carry redundant equipment specifically to ensure this never happens.

09

Force Majeure

Esha Clicks shall not be held liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control. Force majeure events include, but are not limited to:

  • Natural disasters, floods, earthquakes, or severe weather events
  • Government-imposed restrictions, lockdowns, curfews, or prohibitory orders
  • Pandemics, health emergencies, or epidemic outbreaks declared by authorities
  • Civil unrest, riots, strikes, or acts of terrorism
  • Power grid failures, internet outages, or utility disruptions affecting operations
  • Medical emergencies affecting the photographer or their immediate family

In the event of a force majeure situation, we will communicate at the earliest opportunity and work with you to find a fair resolution โ€” prioritising rescheduling wherever possible. Refund considerations for force majeure situations are governed by our Refund & Cancellation Policy.

10

Limitation of Liability

Our total liability to the client for any claim arising from or in connection with our services โ€” whether in contract, tort, or otherwise โ€” shall not exceed the total amount paid by the client for the specific services to which the claim relates.

We are not liable for any of the following, regardless of how they arise:

  • Indirect, consequential, or incidental losses
  • Loss of anticipated savings or business opportunity
  • Emotional distress or sentimental loss arising from missed photographs
  • Loss of data by the client after successful delivery of files
  • Damage to or loss of property at the event venue
  • Injuries or accidents occurring during the event not caused by our direct negligence

Important: Photography is an art form, not a guarantee of specific outcomes. While we do everything in our power to deliver exceptional results, we cannot guarantee that every moment will be captured or that every photo will meet subjective personal expectations.

11

Indemnification

You agree to indemnify, defend, and hold harmless Esha Clicks and its photographer from any claims, damages, costs, or expenses (including reasonable legal fees) arising directly or indirectly from:

  • Your negligence, misconduct, or breach of these Terms during the event or otherwise
  • Third-party claims related to the event that are not caused by Esha Clicks
  • Venue restrictions, access denials, or compliance failures that were not communicated to us in advance
  • Your violation of any applicable laws, venue rules, or third-party rights in connection with the event
  • Any misuse of delivered photos or videos by you or parties you share them with, in violation of the usage rights granted under Section 07
12

Dispute Resolution

Good-Faith Resolution First

We genuinely believe that most concerns can be resolved through open, honest communication. If you are dissatisfied with any aspect of our services, please contact us directly โ€” via WhatsApp or email โ€” within 7 days of the relevant event or delivery. We will make every reasonable effort to address your concern promptly and fairly.

Formal Dispute Process

If a dispute cannot be resolved through direct negotiation within 15 days of it being raised in writing, either party may pursue formal resolution. All disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of courts in Gautam Buddha Nagar (Noida), Uttar Pradesh, India.

These Terms are governed by and construed in accordance with the laws of the Republic of India.

13

Amendments & Updates

Esha Clicks reserves the right to update or modify these Terms at any time. Updated Terms will be published on our website and will take effect immediately upon posting.

For existing confirmed bookings, the Terms in effect at the time of booking confirmation shall continue to apply โ€” unless both parties agree in writing to adopt updated terms.

Your continued use of our services or website following any update to these Terms constitutes your acceptance of the revised Terms. We recommend reviewing this page periodically.

14

Contact Us

If you have any questions about these Terms before booking, please reach out โ€” we are happy to clarify:

By booking our services or making any payment, you confirm that you have read, understood, and agree to these Terms & Conditions in their entirety, along with the related policies linked on this page.