Film and photo shoots for influencers · cinematic social media content, reach building and promotion · Łódź

Draft version. Before publishing, fill in the details in square brackets and have the text reviewed by a lawyer.

§1. General provisions

1. These Terms of Service set out the rules for the provision of services by Hollyfuns Studio and for the use of the hollyfuns.studio website.
2. The service provider is hollyfuns.studio [owner's full name / legal form], with its registered office at ul. Gdańska 17, Łódź, Tax ID (NIP) [__________], REGON [_________], entered in [CEIDG / KRS no. ______], e-mail: hollyfuns@gmail.com (hereinafter: the “Studio”).
3. These Terms of Service are made available free of charge on the website in a manner that allows them to be downloaded, saved and printed.

§2. Definitions

1. Client: an adult natural person, legal person or organisational unit ordering a service.
2. Consumer: a Client who is a consumer within the meaning of Article 22¹ of the Polish Civil Code (Kodeks cywilny), as well as a sole trader with consumer rights to the extent provided by law.
3. Shoot: the taking of photos and/or video recordings in the studio or on location.
4. Package: a set of services described in the price list (Start, Growth, Gold, subscription).
5. Materials: photos, recordings and videos created as part of the Shoot, including edited materials.

§3. Scope of services

1. The Studio provides photography and film services, editing and retouching, make-up and styling services, preparation of portfolios and comp cards, and advice on publishing content on social media.
2. The detailed scope, price and delivery date of the service are determined by the selected Package and the agreement concluded with the Client.
3. The Studio does not guarantee any specific results on social media (reach, number of followers, collaborations).

§4. Age requirement

1. Services are provided exclusively to persons aged 18 or over, and only such persons may appear in front of the camera.
2. Before the Shoot, the Studio verifies the age of the persons being photographed on the basis of an identity document presented. The Studio does not make copies of the document unless required by law.
3. Refusal to present a document entitles the Studio to refuse to carry out the Shoot.

§5. Booking and conclusion of the agreement

1. An enquiry can be sent via the form on the website, by e-mail or by phone. Sending an enquiry does not constitute conclusion of an agreement.
2. The Studio confirms the availability of the date and sends the terms of the service. The agreement is concluded upon [signing the agreement / accepting the terms by e-mail] and payment of the deposit.
3. The deposit amounts to 30% of the Package price and is payable within [__] days of the booking confirmation. Failure to pay means the date is released.

§6. Prices and payments

1. Package prices shown on the website are [gross / net + VAT] prices in Polish zloty.
2. The remaining part of the price is payable [on the day of the Shoot / before the Materials are delivered], by bank transfer or [another method].
3. Additional costs, such as travel to locations outside Łódź, location hire or props, are presented by the Studio before the agreement is concluded.

§7. Rescheduling and cancellation

1. The Client may reschedule the Shoot free of charge no later than [72 h] before it starts, subject to availability.
2. In the event of cancellation later than [__] days before the Shoot, the deposit is forfeited in accordance with Article 394 of the Civil Code, unless specific provisions state otherwise.
3. The Studio may cancel the Shoot for valid reasons (e.g. illness of a crew member, weather conditions preventing an outdoor shoot). In such a case, the Studio offers a new date. If the Client does not accept it, the Studio refunds the deposit paid, and where the cancellation results from circumstances for which the Studio is responsible, it refunds double the deposit (Article 394 of the Civil Code).

§8. Course of the Shoot and safety rules

1. The scope of shots, including lingerie shots, is agreed before the Shoot and may be narrowed by the Client at any time, including during the Shoot.
2. The set is closed to outsiders. The Client may bring one companion.
3. A set coordinator is present on set during lingerie Shoots.
4. The Client has the right to stop the Shoot at any time. Payment is settled in proportion to the part of the service delivered.
5. The Studio may stop the Shoot in the event of behaviour that compromises the safety or dignity of persons on set.

§9. Materials, copyright and image

1. The economic copyrights to the Materials belong to the Studio, unless the agreement provides otherwise.
2. Upon payment of the full price, the Client receives a [non-exclusive / exclusive] licence to use the Materials in the fields of exploitation specified in the agreement, in particular for publication on the Client's social media and websites.
3. Distribution of the Client's image requires her permission (Article 81 of the Polish Act on Copyright and Related Rights (ustawa o prawie autorskim i prawach pokrewnych)). The Studio publishes Materials featuring the Client's image in its portfolio and promotional channels only on the basis of separate, voluntary consent, which the Client may withdraw at any time with effect for the future.
4. The Studio does not share the Materials with third parties without the Client's consent, except for entities providing services to the Studio (e.g. retouching, data storage) under agreements ensuring confidentiality.
5. Raw, unedited files are not provided unless the agreement provides otherwise.

§10. Delivery time and revisions

1. Materials are delivered electronically (download link) within the time frames specified in the Package, counted from the day of the Shoot.
2. The Client is entitled to [two] rounds of edit revisions included in the Package price. Further revisions are priced individually.
3. The Studio stores the Materials for [__] months after delivery, after which it may delete them.

§11. Complaints

1. Complaints can be submitted by e-mail to hollyfuns@gmail.com, describing the issues.
2. The Studio considers a complaint within 14 days of receipt and informs the Client of the outcome in the same form.
3. Services provided to Consumers are subject to the provisions of the Polish Consumer Rights Act (ustawa o prawach konsumenta).

§12. Right of withdrawal (Consumers)

1. A Consumer who has concluded an agreement at a distance or off the Studio's premises may withdraw from it within 14 days of its conclusion without giving any reason, by submitting a statement, e.g. by e-mail.
2. If the Consumer requests that the service begin before the withdrawal period expires and then withdraws from the agreement, they will pay for the services provided up to the moment of withdrawal.
3. The right of withdrawal does not apply if the Studio has fully performed the service with the express consent of the Consumer, who was informed before performance began that they would lose the right of withdrawal once the service was fully performed.

§13. Personal data

The rules for processing personal data are described in the Privacy Policy.

§14. Final provisions

1. Matters not regulated herein are governed by Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on Copyright and Related Rights.
2. A Consumer may use out-of-court complaint and redress procedures, e.g. the assistance of a municipal or district consumer ombudsman or the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej).
3. The Studio may amend the Terms of Service for valid reasons. Amendments do not apply to agreements concluded before they take effect.

Draft version. Before publishing, fill in the details in square brackets and have the text reviewed by a lawyer.

We care about your privacy and, during photo shoots, about your image too. Below we explain what data we collect, why, and what rights you have under Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).

1. Data controller

The controller of your personal data is hollyfuns.studio [owner's full name / legal form], ul. Gdańska 17, Łódź, Tax ID (NIP) [__________] (hereinafter: “Hollyfuns Studio”). Contact for personal data matters: hollyfuns@gmail.com.

2. What data we process

• form data: name, e-mail address, social media profile name, message content, selected package,
• contract and billing data: full name, address, Tax ID (NIP) (for invoices), payment details,
• your image captured in photos and recordings from the shoot,
• information on being of legal age (we verify age on the basis of a document presented and do not copy it),
• technical website data to the extent described in the cookies section.

3. Purposes and legal bases of processing

• Responding to your enquiry and preparing an offer: steps taken at your request prior to entering into a contract (Art. 6(1)(b) GDPR).
• Performance of the contract, including conducting the shoot, editing and delivering the materials (Art. 6(1)(b) GDPR).
• Accounting and tax obligations (Art. 6(1)(c) GDPR).
• Age verification, establishing, pursuing and defending claims: our legitimate interest (Art. 6(1)(f) GDPR).
• Publishing your image in our portfolio and promotional channels: only on the basis of your consent (Art. 6(1)(a) GDPR and Article 81 of the Act on Copyright and Related Rights).
• Sending the newsletter, if you subscribe: your consent (Art. 6(1)(a) GDPR).

4. Who we share data with

Your data may only be received by entities that help us provide our services, under data processing agreements: hosting and e-mail provider [name], file storage provider [name], accounting firm [name], payment operator [name], and the retouchers and editors we work with. We do not sell data or share it for other companies' marketing purposes.

5. Transfers of data outside the EEA

[If you use tools from outside the EEA (e.g. US cloud providers), list their names and the basis for the transfer, e.g. an adequacy decision or standard contractual clauses. If not, write: We do not transfer data outside the European Economic Area.]

6. How long we keep data

• form data, if no contract is concluded: up to [12] months from the last contact,
• contract-related data: for the duration of the contract, and then until the limitation period for claims expires,
• accounting documents: 5 years from the end of the calendar year in which the tax payment deadline passed,
• shoot materials: [__] months from delivery, unless the contract provides otherwise,
• image in the portfolio: until consent is withdrawn.

7. Your rights

You have the right to:

• access your data and receive a copy of it,
• rectify your data,
• erase your data (“right to be forgotten”),
• restrict processing,
• data portability,
• object to processing based on legitimate interest,
• withdraw consent at any time, without affecting the lawfulness of processing before its withdrawal. After you withdraw consent to publication of your image, we will remove the materials from our portfolio and channels within [7] days,
• lodge a complaint with the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa).

To exercise your rights, write to hollyfuns@gmail.com.

8. Voluntary provision of data

Providing data is voluntary but necessary to respond to your enquiry and conclude a contract. Consent to publication of your image in the portfolio is entirely voluntary and does not affect the provision of the service.

9. Automated decision-making

We do not make automated decisions or profile your data.

10. Cookies

The website uses only cookies necessary for it to function. [If you add analytics or advertising tools (e.g. Google Analytics, Meta Pixel), describe them here and implement a cookie consent banner.] You can manage cookies in your browser settings.

11. Security of shoot materials

We store materials on secured drives and in the cloud with restricted access. Download links are private and expire after [__] days. Only people working on your shoot have access to the materials.

12. Changes to the policy

We will announce any significant changes on the website. The current version is always available at this address.