ENTOURAGE EVENT PHOTOGRAPHY

Terms & Conditions of Service

Effective Date: 2025  |  All engagements are subject to the following terms.

1.  QUOTATION VALIDITY

All quotations issued by Entourage Event Photography are valid for fourteen (14) days from the date of issue, unless an alternative validity period is expressly stated in writing. Quotations shall be deemed lapsed upon the expiry of the validity period, and Entourage Event Photography reserves the right to revise pricing for any new quotation issued thereafter.

The figures stated in any quotation represent an estimate based on the scope of work described at the time of issue. Should the nature or duration of the commissioned work extend beyond the original brief, Entourage Event Photography reserves the right to charge for all additional work completed, including any incurred expenses. Additional hours beyond the agreed scope shall be charged at MYR 250.00 per hour, or as otherwise agreed in writing.

2.  BOOKING & DEPOSIT

A booking shall only be considered confirmed upon receipt of a non-refundable deposit equivalent to fifty percent (50%) of the total quoted fee, together with a signed copy of these Terms & Conditions or written confirmation of acceptance via electronic communication.

Entourage Event Photography shall not be obligated to reserve the date or commit resources until the deposit has been received. The deposit shall be applied toward the total invoice amount.

3.  PAYMENT TERMS

The remaining balance of the total fee shall be payable no later than fourteen (14) days from the date of the invoice. All payments shall be made payable to:

Public Bank Berhad  |  Account Name: Entourage Event Photography  |  Account No: 3236003202

In the event that payment is not received within fourteen (14) days of the invoice date, Entourage Event Photography reserves the right to impose a late payment interest charge of one point five percent (1.5%) per month on the outstanding balance, calculated from the due date until the date of full settlement.

All payments are to be made via bank transfer or crossed cheque. Cash payments are accepted only upon prior arrangement.

4.  CANCELLATION & POSTPONEMENT

Should the Client wish to cancel a confirmed booking, the following cancellation policy shall apply:

Cancellation more than sixty (60) days prior to the event date: The deposit shall be forfeited. No further charges shall apply.

Cancellation between thirty (30) and sixty (60) days prior to the event date: The deposit shall be forfeited, and an additional cancellation fee equivalent to twenty-five percent (25%) of the total quoted fee shall be payable.

Cancellation within thirty (30) days of the event date: The deposit shall be forfeited, and the full remaining balance of the quoted fee shall be payable.

In the event that the Client wishes to postpone the event to an alternative date, Entourage Event Photography shall endeavour to accommodate the revised date subject to availability. Any change of date shall be confirmed in writing. If Entourage Event Photography is unavailable on the proposed new date, the cancellation policy above shall apply.

5.  ATTENDANCE & SUBSTITUTION

Entourage Event Photography shall make every reasonable effort to attend the commissioned event as agreed. In the event that the assigned photographer is unable to attend due to circumstances beyond their reasonable control, Entourage Event Photography reserves the right to appoint a suitably qualified substitute photographer to fulfil the assignment on their behalf. The Client shall be notified of any such substitution as soon as reasonably practicable.

6.  IMAGE STYLE, COLOUR & COMPOSITION

All image dimensions stated in any quotation or proposal are approximate. Entourage Event Photography shall exercise professional judgment to deliver a pleasing and balanced colour rendition; however, exact colour matching cannot be guaranteed, as technical limitations inherent to photographic and printing processes may result in perceptible differences between colours as captured and colours as viewed by the human eye.

The Client acknowledges that photography is an artistic service. There shall be no right to reject deliverables solely on the grounds of compositional or stylistic preference, provided that the work has been executed with reasonable professional care and skill. Editing styles and post-processing techniques are subject to change at the discretion of Entourage Event Photography in the ordinary course of business.

7.  COPYRIGHT & INTELLECTUAL PROPERTY

All images and video footage produced by Entourage Event Photography remain the exclusive intellectual property of Entourage Event Photography and are protected under the Copyright Act 1987 (Malaysia) and all applicable intellectual property legislation.

Upon receipt of full and final payment, the Client is granted a non-exclusive, non-transferable licence to use the delivered images and footage for personal, non-commercial purposes only. This licence does not permit:

Commercial exploitation of the images or footage without prior written consent from Entourage Event Photography;

Resale, sublicensing, or transfer of the images or footage to any third party;

Material alteration, manipulation, or distortion of the images or footage in a manner that adversely affects the integrity of the work.

The licence granted herein shall be automatically suspended if any payment obligation remains outstanding and shall be reinstated only upon full settlement of all amounts due.

8.  PORTFOLIO & MARKETING USAGE

Entourage Event Photography reserves the right to display, publish, and promote images and footage produced under any engagement for the purposes of portfolio display, website content, social media promotion, and marketing materials, unless the Client expressly requests otherwise in writing prior to the event date.

Entourage Event Photography shall handle all such usage with reasonable sensitivity to the nature of the event. The Client may opt out of portfolio and marketing usage by providing written notice no later than seven (7) days prior to the event date.

9.  CLIENT CONFIDENTIALITY

Entourage Event Photography shall keep confidential all information communicated by the Client in the course of the engagement and shall not disclose such information to any third party, save as may be reasonably necessary to fulfil the commissioned services. This obligation shall not apply to information that is already in the public domain or that is required to be disclosed by law.

10.  CLIENT REPRESENTATION

The Client shall ensure that an authorised representative is present at the assignment to provide direction and to confirm the accuracy of the photographer’s interpretation of the brief. In the absence of a Client representative, the photographer’s professional interpretation of the brief shall be deemed accepted and correct.

11.  DELIVERY OF PRODUCTS & SERVICES

All products and services are provided on a best-endeavours basis. Entourage Event Photography shall use reasonable efforts to meet any agreed delivery deadlines; however, it shall not be liable for delays caused by circumstances beyond its reasonable control, including but not limited to:

Postage, courier, or laboratory processing delays;

Acts of war, terrorism, civil unrest, or government legislation;

Industrial action, adverse weather conditions, acts of God, floods, or fire;

Loss or damage of materials in transit.

In the event of any anticipated delay, Entourage Event Photography shall notify the Client as soon as reasonably practicable and endeavour to agree on a revised delivery timeline.

12.  RETENTION OF TITLE

Entourage Event Photography reserves the right to retain all Client materials in its possession until all amounts owed have been paid in full. Furthermore, the licence to reproduce or use images and footage created under the engagement shall be suspended until full payment has been received and cleared.

13.  ARCHIVING OF DIGITAL FILES

While Entourage Event Photography may, at its discretion, retain archived copies of delivered images and footage, it is the Client’s sole responsibility to store, back up, and archive all delivered materials for the duration of the licence period. Entourage Event Photography cannot guarantee the availability of any image or footage beyond the initial date of delivery to the Client, and shall not be liable for any loss arising from the Client’s failure to maintain adequate copies of delivered materials.

14.  LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, the total liability of Entourage Event Photography to the Client arising out of or in connection with any engagement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client for the specific engagement giving rise to the claim.

Entourage Event Photography shall not be liable for any indirect, consequential, special, or punitive loss or damage, including but not limited to loss of revenue, loss of business opportunity, or reputational harm, howsoever arising.

In the unlikely event of equipment failure or unforeseen technical malfunction, Entourage Event Photography shall make every reasonable effort to mitigate the impact on deliverables. Liability shall in any event be limited as described above.

15.  FORCE MAJEURE

Neither party shall be held in breach of its obligations under these Terms & Conditions where performance is prevented or delayed by any cause beyond that party’s reasonable control, including but not limited to natural disasters, pandemics, government-imposed restrictions, acts of God, or any other event that could not reasonably have been anticipated or avoided. The affected party shall notify the other as soon as practicable upon becoming aware of such circumstances.

16.  DISPUTE RESOLUTION

In the event of any dispute arising out of or in connection with these Terms & Conditions or any engagement, the parties agree to first attempt to resolve the matter through good-faith negotiation. Should the dispute remain unresolved after thirty (30) days of such negotiation, either party may refer the matter to mediation before seeking recourse through the courts.

These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Entourage Event Photography  –  Kuching, Sarawak, Malaysia  –  All rights reserved.