Terms and Conditions for the Provision of Photography Services tomprophoto.com

(applicable on the website tomprophoto.com) Last update: 31.01.2026
§ 1. General Provisions
  1. These terms and conditions define the rules for booking, purchasing vouchers, and providing photography services by OLWOT Mariusz Rusecki, Panny 7, 03-668 Warsaw, NIP: 5242518039, REGON: 360993752, hereinafter referred to as the “Photographer”.
  2. Contact with the Photographer is possible via e-mail: hello@tomprophoto.com through the contact form on the website https://tomprophoto.com, social media messengers (WhatsApp, Instagram), or by phone.
  3. The Terms and Conditions are available continuously at https://tomprophoto.com/regulamin and can be saved by the Client.
  4. Making a booking or purchasing a voucher constitutes acceptance of these terms and conditions and the privacy policy.
§ 2. Booking and Conclusion of Contract
  1. Booking a photo session date is done through the online booking system (Amelia calendar) available on tomprophoto.com, or through direct contact with the Photographer (form, e-mail, messengers, phone).
  2. To confirm the booking, the Client is required to pay a deposit (retainer) using one of the available online payment methods, processed by the payment operator Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands) via the Amelia plugin, or other methods indicated by the Photographer.
  3. The contract for providing photography services is concluded upon the posting of the deposit payment.
  4. After booking and payment, the Client receives a booking confirmation via e-mail.
§ 3 Payments and Deposit
    1. The amount of the deposit is specified in the offer or individual arrangements and ranges from 30% to 70% of the service value.
    2. The deposit serves as security for the performance of the contract in accordance with Art. 394 of the Polish Civil Code (Kodeks cywilny).
    3. In the event of: a) Cancellation of the session by the Client or no-show – the deposit is non-refundable; b) Cancellation of the session due to the Photographer’s fault – the Photographer returns double the amount of the collected deposit; c) Inability to perform the service for reasons beyond the Photographer’s control (equipment failure, illness, booking system errors) – the Photographer returns the single deposit amount and proposes an alternative session date.
    4. The parties may agree to move the session to another date (e.g., due to illness or weather); in such a case, the deposit remains valid.
    5. The remaining part of the remuneration for the session is payable no later than on the day of its implementation, by bank transfer, cash, or online method.
§ 3a. Right of Withdrawal
  1. According to Art. 38 items 1 and 12 of the Polish Act of 30 May 2014 on Consumer Rights (ustawa o prawach konsumenta), the right to withdraw from the contract does not apply to the Consumer if: a) the service has been fully performed with their express consent, after informing them of the loss of the right of withdrawal after the service is performed, b) the contract concerns the provision of recreational, artistic, or cultural services, including photo sessions, for which a specific day or period of performance is specified in the contract or booking system.
  2. Booking a photo session date via the Amelia booking system means choosing a specific date for the performance of the service. By making a booking, the Client agrees to start the service before the expiry of 14 days from the conclusion of the contract and loses the right to withdraw from the contract.
  3. In the case of purchasing a gift voucher: a) the Client has the right to withdraw from the contract within 14 days from the date of purchase, provided the voucher has not yet been used; b) at the time the voucher is used to book a specific photo session date, the voucher is considered used, and the right of withdrawal expires; c) the refund for an unused voucher is made using the same payment method within 14 days of receiving the statement of withdrawal.
  4. A statement of withdrawal can be sent by e-mail to hello@tomprophoto.com or by post to the Photographer’s registered office address.
  5. Model withdrawal form for download here: Model withdrawal form
§ 4. Gift Vouchers
    1. The Photographer offers the possibility of purchasing a gift voucher entitling the holder to a photo session of a specific value or range of services.
    2. A voucher can be purchased: a) through the form on the website tomprophoto.com b) or directly from the Photographer (by e-mail, phone, or in person).
    3. Each voucher has an expiry date, indicated on the voucher or in the purchase confirmation.
    4. The standard validity period of a voucher is 12 months from the date of purchase, unless otherwise agreed.
    5. After the expiry date, the voucher becomes invalid, and unused funds are non-refundable.
    6. A voucher can be redeemed by contacting the Photographer (by e-mail or phone) to arrange a session date.
    7. Booking a date using a voucher means concluding a contract for photography services and results in the loss of the right to withdraw from the contract (in accordance with Art. 38 of the Polish Act on Consumer Rights).
    8. In the event of loss, destruction, or disclosure of the code to third parties, the Photographer is not liable, provided the voucher has already been redeemed or used by a third party.
    9. The voucher is not exchangeable for cash or refundable after its partial or full use.
§ 5. Service Execution and Obligations of the Parties
  1. The Photographer performs the service with due diligence, in the agreed artistic style and in accordance with the portfolio.
  2. The Client undertakes to cooperate, be punctual, and provide necessary organizational information.
  3. Client lateness results in the shortening of the session time by the duration of the lateness.
  4. The Photographer is not liable for personal or property damage occurring during the session due to the Client’s fault.
§ 6. Copyright and Use of Photos
    1. The Photographer retains personal and economic copyrights to all photos taken.
    2. The Client acquires a non-exclusive license for private use of the photos (printing, publication on social media, private albums).
    3. The Photographer may use the photos for promotional purposes (portfolio, website, social media), unless the Client objects in writing or by e-mail before the session starts.
    4. The absence of an objection constitutes the Client’s consent to the publication of photos in the Photographer’s promotional materials.
§ 7. Complaints
  1. The Client has the right to file a complaint in the event of non-compliance of the service with the contract or faulty execution of the photography service.
  2. The complaint should be submitted: – by e-mail to: hello@tomprophoto.com – by post to: Radzymińska 123/82, 03-560 Warsaw – through the contact form on the website tomprophoto.com
  3. The complaint should include: a) the Client’s name and contact details, b) the subject of the complaint and circumstances justifying the complaint, c) the Client’s request.
  4. You can use the ready-made [COMPLAINT FORM]
  5. The Photographer will consider the complaint within 14 days from the date of its receipt and inform the Client about the method of its settlement via e-mail or in writing.
  6. If the complaint is accepted, the Photographer may propose: a) free correction/editing of photos, b) a free repeat of the session (if possible), c) refund of part or all of the remuneration.
§ 8. Personal Data Protection (GDPR / RODO)
  1. The administrator of the Client’s personal data is OLWOT Mariusz Rusecki, Panny 7, 03-668 Warsaw, NIP: 5242518039, REGON: 360993752
  2. Data is processed for the purpose of contract execution, contact with the Client, and handling online payments.
  3. Data may be transferred to the payment operator Mollie B.V. (via the Amelia plugin) only to the extent necessary to complete the transaction and to hosting service providers, only to the extent necessary to perform the service.
  4. The Client has the right to access their data, correct it, limit processing, transfer, or delete it.
  5. Detailed information about data processing can be found in the Privacy Policy: https://tomprophoto.com/privacy-policy/
§ 9 Final Provisions
  1. In matters not covered by these regulations, the provisions of the Polish Civil Code (Kodeks cywilny) and the Act on Consumer Rights (ustawa o prawach konsumenta) shall apply.
  2. These Terms and Conditions were originally drafted in Polish. In the event of any discrepancies between the Polish and English versions, the Polish version shall prevail.
  3. The Photographer reserves the right to make changes to the terms and conditions. Changes are effective from the day of their publication on the website.
  4. Any disputes will be resolved amicably, and in the absence of agreement – by the court competent for the Photographer’s registered office.