Terms & Conditions

Acceptance of Terms

By accessing this website (byduran.co) or engaging byduran for photography services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use this website or commission our services.

These Terms apply to all visitors, clients, and anyone who contacts byduran through this site. They should be read alongside our Privacy Policy and Image Licensing page, which form part of the overall legal framework governing use of byduran's work and services.

Services

byduran offers photography and visual storytelling services including but not limited to:

• Portrait sessions (individual, couple, family)
• Lifestyle and campaign photography
• Wedding and event photography
• Landscape and travel photography
• Commercial photography for brands and businesses
• Fine art print sales
• Image licensing for editorial and commercial use

The specific scope, deliverables, timeline, and pricing for each engagement are agreed in writing prior to commencement. In the absence of a separate written contract, these Terms govern the engagement.

byduran reserves the right to decline any commission at its discretion, without obligation to provide a reason.

Bookings & Payment

Booking confirmation

A session or project is considered confirmed only upon receipt of a signed booking agreement (or written email confirmation) and payment of the agreed retainer. Dates are not held without a confirmed retainer.

Retainer

A non-refundable retainer of 50% of the total agreed fee is required to secure the booking. This retainer compensates byduran for the time reserved and preparation undertaken, and is non-refundable regardless of cancellation reason. The remaining balance is due as specified in the booking agreement — typically no later than the date of the session or delivery of final files.

Pricing

All prices are quoted in the currency specified at the time of quotation (EUR or USD unless otherwise stated). Prices are subject to change; however, any confirmed booking is honoured at the quoted price provided the retainer is received within 7 days of quotation.

Taxes

Quoted prices are exclusive of applicable taxes unless stated otherwise. Clients are responsible for any taxes, duties, or levies imposed by their own jurisdiction.

Late payment

Outstanding balances unpaid 14 days after the agreed due date may incur a late payment fee of 5% of the outstanding amount per month. byduran reserves the right to withhold delivery of final files until payment is received in full.

Cancellation & Rescheduling

Cancellation by the client

The non-refundable retainer is forfeited upon cancellation. If the client cancels with less than 14 days' notice, the full session fee becomes due. If a project is cancelled mid-production, payment is owed for all work completed to date, plus a kill fee of 25% of the remaining contracted amount.

Rescheduling

Rescheduling requests made more than 14 days before the session date will be accommodated at no additional charge, subject to availability. Rescheduling within 14 days of the session will be treated as a cancellation and re-booking, and a new retainer may be required.

Cancellation by byduran

In the unlikely event that byduran must cancel due to illness, emergency, or circumstances beyond its control, a full refund of all payments received will be issued, or a rescheduled date will be offered at the client's discretion. byduran's liability in such cases is limited to the refund of payments received and does not extend to any consequential costs incurred by the client.

Weather and force majeure

For outdoor sessions, byduran will assess conditions on the day. If weather renders the shoot impractical, both parties will agree on rescheduling at no additional cost. Force majeure events (natural disasters, government restrictions, civil unrest) that prevent the session from taking place allow either party to reschedule without financial penalty.

Deliverables

Number of images

The number of edited images delivered is agreed at the time of booking. byduran selects the final images for editing based on professional judgement — not every frame captured will be delivered. Selection criteria include technical quality, composition, expression, and variety.

Editing style

All images are edited in byduran's signature style, which is part of the service being commissioned. Requests for significant stylistic changes, heavy retouching, or editing in a different style will be quoted separately.

Turnaround time

Estimated delivery timelines are provided at booking and are indicative. byduran will communicate any delays as early as possible. Expedited delivery may be available for an additional fee.

Delivery format

Final images are delivered as high-resolution JPEG files via a private online gallery or file transfer link, unless otherwise agreed. Gallery links are active for 30 days from delivery; clients are responsible for downloading and backing up their files within this period.

Raw files

Raw (unedited) files are not included in any standard delivery. They represent an intermediate product and are not available for purchase or transfer.

Revisions

Minor adjustments to delivered images (brightness, crop) are included within 7 days of delivery. Requests for extensive re-editing, additional selects from the shoot, or changes beyond the agreed scope will be quoted as additional work.

Intellectual Property

All images created by byduran remain the intellectual property of byduran (Diana Duran). Commissioning a shoot does not transfer copyright to the client. What is transferred is a license to use the images as agreed — see the Image Licensing page for full details.

Portfolio use

byduran retains the right to use images from any commissioned session in the portfolio, on social media, and in marketing materials, unless a confidentiality or exclusivity clause is agreed in writing and incorporated into the booking contract. If you require privacy, please raise this at the enquiry stage — we are happy to accommodate reasonable requests.

Client credit

Where byduran publishes images from a commissioned session on social media or this website, we will credit the client or their brand by name unless they have requested otherwise.

Prohibited uses

Delivered images may not be used beyond the agreed scope without a supplemental license. Specifically, clients may not:

• Resell or sublicense images to third parties
• Use personal-use session images in advertising or commercial campaigns without a commercial license
• Submit images to stock libraries or agencies
• Use images to train artificial intelligence or machine learning models
• Remove or alter any embedded metadata or copyright information

Client Responsibilities

Cooperation

The client agrees to cooperate in good faith to enable the session or project to be completed as planned. This includes arriving on time, communicating changes promptly, and ensuring that any third parties involved (subjects, location owners, vendors) are made aware of the photography taking place.

Permits and permissions

Where a session takes place on private property or a venue that requires a photography permit, it is the client's responsibility to secure such permits unless otherwise agreed. byduran will advise when this is likely to apply, but does not assume responsibility for obtaining permissions the client has not arranged.

Model releases for third parties

If the session includes individuals who are not the contracting client (friends, family, brand talent, event attendees), the client is responsible for ensuring those individuals have consented to being photographed and to the agreed usage of their likeness. byduran is not liable for claims arising from the use of images where the client failed to obtain the necessary releases.

Accuracy of information

The client is responsible for the accuracy of any information provided at booking (dates, locations, contact details, intended usage). Errors that result in additional costs — such as travel to an incorrect location — will be invoiced to the client.

Liability

Limitation of liability

byduran's total liability to the client for any claim arising from the services provided shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim. byduran is not liable for any indirect, incidental, consequential, or special damages, including loss of earnings, loss of business opportunity, or reputational harm.

Equipment failure and data loss

byduran takes all reasonable professional precautions to protect against data loss, including shooting on dual-card cameras where available, and backing up files promptly. In the rare event of catastrophic equipment failure, media corruption, or theft before delivery, byduran's liability is limited to a refund of fees paid. byduran cannot be held responsible for images that are permanently irrecoverable due to hardware failure or circumstances beyond its control.

Act of God / Extraordinary circumstances

byduran is not liable for failure to perform services due to circumstances outside its reasonable control, including natural disasters, illness, government restrictions, extreme weather, or acts of third parties. In such cases, byduran will make all reasonable efforts to reschedule or find an alternative solution.

Website accuracy

While byduran takes care to ensure that information on this website is accurate and up to date, it is provided for general informational purposes only and does not constitute professional advice. byduran makes no representations or warranties regarding the completeness or accuracy of any content on this site.

Website Use

This website is provided for informational and commercial enquiry purposes. You may not:

• Use automated tools (bots, scrapers, crawlers) to extract content from this site without written permission
• Copy, reproduce, or republish any written content, photographs, or design elements from this site
• Attempt to access restricted areas of the site or circumvent any security measures
• Use this site in any way that could damage, disable, or impair its functionality
• Transmit any harmful, offensive, or unlawful content through contact forms or other interactive features

byduran reserves the right to block access to users who violate these conditions.

Third-Party Links

This website contains links to external websites, including social media platforms, third-party service providers, and other resources. These links are provided for convenience only. byduran has no control over the content or practices of third-party sites and accepts no responsibility for them.

The presence of a link does not constitute an endorsement. We encourage you to review the privacy policies and terms of any external site you visit.

Governing Law & Disputes

These Terms are governed by the laws of Indonesia. In the event of a dispute arising from or relating to these Terms or byduran's services, both parties agree to attempt to resolve the matter amicably through direct communication in the first instance.

If a dispute cannot be resolved directly within 30 days of written notice, both parties agree to pursue mediation before commencing legal proceedings. For international clients, the language of any proceeding shall be English, and the governing jurisdiction shall remain Indonesia unless both parties agree otherwise in writing.

Nothing in these Terms limits your rights as a consumer under the laws of your own country, where those laws provide greater protection than these Terms.

Changes to These Terms

byduran may update these Terms and Conditions from time to time to reflect changes in services, legislation, or business practice. The date at the top of this page reflects the most recent revision.

For active bookings, the Terms in force at the time of booking confirmation apply unless both parties agree in writing to an updated version. Continued use of this website after a change to these Terms constitutes acceptance of the revised Terms.

Contact

For questions about these Terms, or to discuss a specific booking or legal matter:

• Email: hello@byduran.co
• Contact form: byduran.co/contact
• Based in: Bali, Indonesia

We aim to respond to all enquiries within 3 business days.