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I. Basic data


Mgr. Barbora Kovářová


ID number: 06439608



II. Rights and obligations of the Contracting parties

The contractor - photographer Barbora Kovářová - will create a Work, which is a photographic capture of the likeness of persons according to the Client's specifications, to order according to the Client's specifications.

The work is an individual creation of the Contractor and depends only on the judgment of the contractor, who produces the work in accordance with the instructions and specifications of the Customer, by choosing some packages according to the selection on the Contractor's website or by individual order. A contract for work is created by signing a written contract or confirmation by the Contractor that he will perform the work specified by the Customer.

Payment for the Work is made by the Customer to the Contractor's account specified in the sent invoice.

If the Customer wishes to change the scope of the Work or the method of its execution, other than as agreed by the parties in this contract, it is obliged to inform the Contractor of this in a demonstrable way at least until the Contractor hands over the final work to the Customer.

The Contractor has the right to decide on the choice of procedure for the implementation of the work, even if the Customer has a different opinion on the matter. However, the contractor has the obligation to consider his objections, point out their possible inappropriateness and, based on mutual agreement, to change the procedure if necessary. In the event that the Client insists on his instructions to the Contractor despite the Contractor's notice of their inappropriateness, the Contractor is obliged to comply with them, but is not liable to the Client for damage or deficiencies and defects of the Work that arose on the basis of or in connection with these instructions. The persons for whom the Work was ordered, i.e. the Customer, is obliged to fully cooperate with the Contractor during the creation of the Work and to ensure the cooperation of other persons at the given event who will also be captured in the photographic work. Otherwise, the Contractor is not responsible for the quality of the content of the resulting Work.

The Contractor has the right to immediately terminate the execution of the Work in the event that the behavior or actions of any of the participants in the event will damage or steal his property or there is a risk of injury to the Contractor's health. In such a case, the Contractor has no obligation to complete the Work and further has the right to reimbursement of purposefully incurred costs, which, by agreement of the parties, is set at 25% of the paid price of the Work. The rest of the paid price of the Work will be returned by the Contractor immediately, within seven working days at the latest, to the Customer's account from which the payment was sent. 



III. Modification of copyright and handling of the work

The Contractor hereby grants the Customer an exclusive, temporally and territorially unlimited license to use the Work in all ways foreseen by copyright law.

The Customer and the Contractor are not authorized to transfer the Work or any of its parts to third parties for the purpose of advertising or promoting the services of third parties, without the prior written consent of the other contracting party.

The Customer expressly declares that he is aware that only the Contractor is the author of the Work and that he is obliged to deal with the Work only to the extent permitted by copyright law.


IV. Processing of personal data

Personal data provided to the Contractor in connection with the conclusion of this contract by the Customer, or which the Contractor obtains during the execution of the work (in particular, name, surname, date of birth, place of residence, telephone number, email, |IG| or FB account, image), the Contractor processes and will process due to the conclusion of the contract and its fulfillment with reference to Article 6 paragraph 1 letter b) Regulation (EU) 2016/679 on the protection of natural persons in connection with the processing of personal data. The purpose of the processing is to record contractual cooperation. The contractor will process the customer's personal data in accordance with Act No. 563/1991 Coll., Accounting Act for 5 years, then dispose of the data.

The contractor further processes the personal data of its clients, i.e. their image, for the purpose of its presentation on its website and social networks. The Customer's consent can also be given electronically by an explicit declaration that he agrees with this method of processing and is given for a period of twenty years from the date of its granting, and the Customer can revoke it at any time.

The customer further processes the personal data of its clients, i.e. their name, surname, telephone number and email, for the purpose of marketing offers of its services, events, discounts. The Customer's consent can also be given electronically by an explicit declaration that he agrees with this method of processing and is given for a period of twenty years from the date of its granting, and the Customer can revoke it at any time.

Personal data are processed in accordance with applicable legal regulations and their security and protection is ensured in accordance with these regulations and in accordance with the General Regulation of the European Parliament and of the Council EU  2016/679 on the protection of personal data (GDPR ).

Photos made for the Customer based on his instructions (without identifying a specific person, unless expressly stated otherwise) are published on the Contractor's website or social networks only with the prior consent of the Customer. This consent is freely given by the Customer and can be revoked at any time. In this case, the photos are immediately downloaded from all locations. The Customer is aware that if the photo has been taken over by another account on social networks in the meantime in accordance with the laws and policies of Facebook or Instagram, the Contractor may not be able to ensure that they are deleted from these accounts.


V. Scope of the OP

The terms and conditions apply to all Work Contracts, orders and order confirmations and are an integral part thereof. When concluding the contract, the Customer was demonstrably familiar with these terms and conditions of the Contractor.

Communication between the Customer and the Contractor may take place in the form of electronic communication, with which both parties agree.


VI. Rights and obligations of the parties

The Contractor undertakes to make and deliver the ordered work to the Customer in the quantity, quality and time agreed in the Contract for the Work or the Order, otherwise under the conditions set out in the Contractor's valid offer on the day of the conclusion of the contract, unless otherwise modified within one month from the taking of the photographs.

Any requests by the Customer to change the Contract for the Work, if accepted by the Contractor, reasonably extend the agreed delivery period, or change the price, etc., and these changes must be agreed in writing.

If, after the conclusion of the contract, circumstances occur that the Contractor cannot influence or avert and prevent the Contractor, temporarily or long-term, from fulfilling contractual obligations, the Contractor has the right to reasonably extend the delivery date or withdraw from the contract. Not even in a single case is the Contractor responsible for any damages.

The contractor is entitled to refuse any order at his discretion.

The customer is obliged to provide the contractor with all the necessary information as accurately as possible, preferably in writing and possibly according to the Contractor's requirements, so that the Contractor can provide the Customer with a suitable solution and a more accurate price calculation as accurately as possible.


VII. Order quality guarantee

The Contractor shall deliver the Work undamaged and in the quality that was agreed upon or determined by the order or the Contract for the Work. If the quality of the order was not determined, the Work will be made in the usual quality for the same or similar type of order made by the Contractor, provided that the Customer has familiarized himself with the work style and portfolio of the Contractor.

The Work will be delivered by the Contractor within the period specified in the Contract for the Work, otherwise within the specified period
in the agreed offer of the Contractor in the form of a written order of the Customer. Ownership of the Part is transferred from the Contractor to the Customer upon payment of the agreed price. The risk of accidental destruction and destruction of the Work passes to the Customer on the day of acceptance of the Work.

Unless otherwise stated in the Contract for the Work, the Customer is not entitled to demand the handover of the order, or the work, before paying its price.

The Contractor is not liable to the Customer for imperfect results caused by unsuitable weather, poor lighting conditions or other circumstances that prevent him from producing and delivering higher quality images, and which he was not able to compensate for or adjust technically or artistically, as well as for the imperfect content of the photographs taken in the event that obstacles will be placed on him by the photographed persons.

Claims for defects in the work must be made in writing with a proper description and photo/video documentation of the defect, immediately after their detection, but no later than 3 days after handing over the Work by the Contractor to the Customer. This preclusion period does not apply if the Customer is a Consumer.

Complaints do not apply to visual or functional elements of the work that were part of the agreed solution design, or are an artistic intention and part of the work created by the Contractor.


VIII. Copyright and License Terms

The work is the result of the creator's creative activity and is expressed in an objectively perceptible form, including electronic form, permanently or temporarily, regardless of scope, purpose or meaning, and is therefore a copyrighted work within the meaning of Copyright Act No. 121/2000 Coll. Unless the Contract for the Work stipulates otherwise, the exclusive owner of the rights to use and any distribution of the work is its author, or Contractor. The customer or any other natural or legal person may not dispose of the work or further distribute it without the written consent of the author, or The contractor. The exception is the use of the work or its printed copy for the personal use of a natural person or the use of the work for educational or illustrative purposes, in all cases without the purpose of achieving commercial benefit. Even in such a case, the name of the author must be mentioned.


IX Photo archiving

The Contractor stores unedited photos (RAW format) and selected edited photos on its external hard drive for 6 months from the date of termination of the contract.


X. Additional Provisions

The contractor is not responsible for the loss or damage of the order or for the loss or damage of files or data sent over electronic transmission paths, networks and servers.

The contractor is entitled to refuse the order and the processing of the order at any time, or not to continue processing it, if it contains images or other material that is contrary to generally binding legal regulations and general rules of morality - especially pornography, child pornography, depicted violence against people or animals, etc.

The Contractor is not responsible for the consequences of infringement of copyright or other rights, which are a consequence of the content of the documents submitted by the Customer or the requirements of the agreed order. The Customer bears full responsibility for the damage caused in this way.


Valid from 11.5.2022.

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