HIZASHI STUDIO TERMS AND CONDITIONS
1) Contract Agreement
This Agreement is entered into between HIZASHI STUDIO ("the Studio") and the Client(s). By confirming the booking and/or making any payment, the Client(s) acknowledge that they have read, understood, and agreed to be bound by the terms and conditions set out in this Agreement.
This Agreement shall govern all services provided by HIZASHI STUDIO, including but not limited to photography, videography, content creation, editing, delivery of final products, and any additional services agreed upon in writing prior to the event.
2) Client Responsibilities
2.1) Provision of Information
The Client(s) shall ensure that all information provided is complete, accurate, and communicated within a reasonable time before the event. HIZASHI STUDIO shall not be responsible for any delays, missed moments, or reduction in service quality resulting from inaccurate, incomplete, or late information provided by the Client(s)
2.2) Cooperation During the Event
The Client(s) shall ensure reasonable cooperation from themselves, family members, guests, vendors, and any other relevant parties during the event. HIZASHI STUDIO shall not be held responsible for missed photographs, videos, or reduced coverage caused by lack of cooperation, restricted access, delays, interference by guests or other vendors, or circumstances beyond the Studio's reasonable control.
3) Service Assignment
3.1) Photographer/Videographer Assignment
HIZASHI STUDIO reserves the sole right to assign the photographer(s) and/or videographer(s) for the event based on availability, scheduling, experience, and operational requirements. While the Client(s) may express stylistic preferences, the final assignment shall remain at the sole discretion of HIZASHI STUDIO.
3.2) Request for Specific Photographer/Videographer
Where the Client(s) request a specific photographer and/or videographer, such request shall be subject to availability and acceptance by HIZASHI STUDIO. An additional fee may apply. Confirmation of such request shall only be valid upon written approval by HIZASHI STUDIO.
4) Complains, Public Statements & Dispute Resolution
The Client(s) agree that any dissatisfaction regarding the services provided shall first be communicated directly to HIZASHI STUDIO in writing, allowing the Studio a reasonable opportunity to investigate and resolve the matter in good faith.
The Client(s) further agree not to publish or circulate any false, misleading, defamatory, or malicious statements regarding HIZASHI STUDIO on any social media platform, online forum, or other public medium. Nothing in this Agreement prevents the Client(s) from making truthful statements or exercising any rights available under applicable law.
Where false, defamatory, or malicious statements cause reputational or financial harm to HIZASHI STUDIO, the Studio reserves the right to pursue all remedies available under applicable law.
5) Copyright & Ownership
5.1) Ownership of Images and Materials
All photographs, videos, digital negatives (RAW files), edited files, audio recordings, project files, and any other materials produced by HIZASHI STUDIO remain the sole intellectual property of HIZASHI STUDIO unless otherwise agreed in writing.
By entering into this Agreement, the Client(s) grants HIZASHI STUDIO the right to use the final edited photographs and videos for promotional purposes, including but not limited to social media, website galleries, portfolios, exhibitions, advertisements, and other marketing materials, unless the Client(s) has submitted a valid Promotional Opt-Out Request in accordance with Clause 5.2.
5.2) Promotional Opt-Out
The Client(s) may request that the final edited photographs and videos not be used by HIZASHI STUDIO for promotional purposes, including social media, website galleries, portfolios, blog posts, advertisements, or other marketing materials.
Such request must be submitted in writing no later than seven (7) days before the event date. Upon acceptance of the request, HIZASHI STUDIO shall refrain from using the Client's final deliverables for public promotional purposes.
6) Client Usage Rights
6.1) Client's Usage Rights
Upon full payment, the Client(s) is granted a non-exclusive, non-transferable license to use the final edited photographs and videos for personal and non-commercial purposes only, including printing, creating albums, and sharing on personal social media accounts.
The Client(s) shall not sell, license, commercially exploit, substantially alter, apply filters that misrepresent HIZASHI STUDIO's editing style, or otherwise distribute the photographs or videos for commercial purposes without prior written consent from HIZASHI STUDIO.
6.2) RAW Files and Unedited Materials
RAW files, unedited photographs, unedited videos, project files, working files, and any other production materials remain the exclusive property of HIZASHI STUDIO and shall not be delivered to the Client(s) unless otherwise agreed in writing.
6.3) Artistic Style
The Client(s) acknowledges that they have reviewed and accepted HIZASHI STUDIO's portfolio, shooting style, editing approach, colour grading, composition, and overall artistic direction prior to confirming the booking.
All creative decisions, including image selection, editing style, colour treatment, cropping, retouching, and final presentation, remain at the sole discretion of HIZASHI STUDIO.
7) Event Coverage Coordination
7.1 Other Photographers and Videographers
HIZASHI STUDIO shall be the primary official photography and/or videography service provider for the booked event.
The Client(s) may engage additional photographers, videographers, or content creators, provided that HIZASHI STUDIO is informed prior to the event.
HIZASHI STUDIO shall not be held responsible for any missed moments, restricted movement, delayed coverage, or reduced quality of service resulting from interference, obstruction, or lack of cooperation caused by other photographers, videographers, content creators, guests, or third parties.
Where additional coordination significantly affects the workflow or requires extra resources, HIZASHI STUDIO reserves the right to impose an additional coordination fee, subject to prior notification.
8) Booking Confirmation
8.1) Deposit & Balance Payment
A non-refundable deposit of twenty percent (20%) of the total package price is required upon issuance of the invoice to confirm the booking.
The remaining balance of eighty percent (80%) must be paid no later than seven (7) days before the scheduled event or shooting session.
For bookings involving additional services or upgrades after the initial booking confirmation, seventy percent (70%) of the additional charges must be paid at least seven (7) days before the event, with the remaining balance payable before any printing, album production, or product delivery.
8.2) Booking Confirmation & Date Reservation
A booking shall only be confirmed, and the requested event date reserved, upon receipt of the required deposit.
Submission of an enquiry, quotation request, booking form, invoice, or ongoing discussion does not constitute a confirmed booking or reserve the requested event date.
Event dates are reserved strictly on a first-paid, first-confirmed basis.
9) Payment Policy
9.1) Non-Refundable Payments
All deposits and payments made to HIZASHI STUDIO are strictly non-refundable unless otherwise agreed in writing.
Where the Client(s) cancels the booking, postpones the event, fails to attend, or is otherwise unable to proceed with the services, all payments made shall be forfeited.
9.2) Late Payment
All payments shall be made according to the payment schedule stated in the invoice.
Failure to make payment within the agreed timeframe may result in suspension or cancellation of services, delayed delivery of photographs or videos, and/or forfeiture of any payments previously made, at the sole discretion of HIZASHI STUDIO.
10) Postponement & Rescheduling
10.1) Postponement / Rescheduling
Any request to postpone or reschedule the event shall be subject to the availability of HIZASHI STUDIO and must be submitted as early as reasonably possible.
Where the requested replacement date is unavailable, HIZASHI STUDIO will make reasonable efforts to discuss suitable alternatives with the Client(s). If no mutually acceptable arrangement can be reached, the booking may be treated as cancelled, subject to the circumstances and at the sole discretion of HIZASHI STUDIO.
Any approved postponement or rescheduling may be subject to additional charges where applicable.
10.2) Failure to Attend (No Show)
If the Client(s) fail to attend the scheduled event or otherwise make the services impossible to perform, the booking shall be deemed completed. No refund, replacement session, or credit shall be provided unless otherwise agreed in writing.
11) Delivery Timeline
11.1) Edited Photographs
Final edited photographs shall be delivered within fourteen (14) to twenty-one (21) business days after the event date.
11.2) Business Days
For the purposes of this Agreement, business days exclude Saturdays, Sundays, and public holidays.
Estimated delivery timelines are provided as a guide and may be reasonably adjusted due to operational requirements, production workload, or unforeseen circumstances. Where practicable, HIZASHI STUDIO will notify the Client(s) of any significant delay.
12) Video & Product Delivery
12.1) Video & Printed Products
Video deliverables and printed products shall be completed within sixty (60) to ninety (90) business days.
Production shall commence only after HIZASHI STUDIO has received all required materials from the Client(s), including song selections, approvals, or any other requested information.
Any delay caused by late submission of the required materials shall automatically extend the delivery timeline and shall not constitute a breach of this Agreement by HIZASHI STUDIO.
12.2) Song Selection
The Client(s) shall submit their preferred song selection within three (3) days after the event date.
If no song selection is received within the stated period, HIZASHI STUDIO reserves the right to select a suitable song based on the overall flow, mood, and artistic direction of the video.
Once the video editing process has commenced using the selected song, any request to change the song may be declined or may incur additional editing charges at the sole discretion of HIZASHI STUDIO.
12.3) Delivery Format
Unless otherwise agreed in writing, all final edited photographs and videos shall be delivered in HIZASHI STUDIO's standard digital formats.
Photographs shall be delivered in JPEG/JPG format, while videos shall be delivered in MP4 and/or MOV format, at the highest resolution determined by HIZASHI STUDIO.
13) Revision Request
13.1) Revision Request
Unless otherwise stated in the selected package, the Client(s) shall be entitled to one (1) minor revision for video deliverables only.
A minor revision refers to small adjustments that do not substantially alter the overall structure, storyline, editing style, colour grading, or selected music.
Any request for additional revisions or major changes after the included revision has been completed may be subject to additional charges, at the sole discretion of HIZASHI STUDIO.
13.2) Delay Caused by Client
The Client(s) acknowledge that timely delivery of all required information, materials, approvals, and selections is essential to the production process.
Any delay in providing the requested materials, including but not limited to song selections, album approvals, names, addresses, or other required information, may result in an extension of the estimated delivery timeline.
Such delays shall not constitute a breach of this Agreement by HIZASHI STUDIO.
14) Termination of Agreement
14.1) Termination by HIZASHI STUDIO
HIZASHI STUDIO reserves the right to suspend or terminate this Agreement where the Client(s) materially breaches any provision of this Agreement, including but not limited to:
- Failure to make payment within the agreed timeframe;
- Failure to provide information or materials reasonably required for the performance of the services;
Conduct that prevents, delays, or substantially interferes with HIZASHI STUDIO's ability to perform the agreed services; or
- Any other material breach of this Agreement.
Where reasonably practicable, HIZASHI STUDIO will notify the Client(s) of the breach and may allow a reasonable opportunity to remedy the issue before terminating the Agreement.
15) Force Majeure
15.1) Events Beyond Reasonable Control
HIZASHI STUDIO shall not be liable for any delay, interruption, failure to perform, or cancellation of the services where such delay or failure is caused by circumstances beyond its reasonable control.
Such circumstances include, but are not limited to, natural disasters, floods, fire, severe weather conditions, accidents, illness, bereavement, government restrictions, public emergencies, transportation disruptions, civil disturbances, power failures, equipment theft, or other unforeseen events beyond the reasonable control of HIZASHI STUDIO.
15.2) Alternative Arrangements
Where reasonably practicable, HIZASHI STUDIO will make reasonable efforts to reschedule the services or provide a suitable replacement photographer, videographer, or service provider.
If no suitable alternative arrangement can reasonably be made, the liability of HIZASHI STUDIO shall be limited to a refund of any payments received for services that have not been performed.
15.3) Client Force Majeure
Where the Client(s) are unable to proceed with the event due to circumstances beyond their reasonable control, including but not limited to medical emergencies, bereavement, natural disasters, or government restrictions, HIZASHI STUDIO may, at its sole discretion, consider requests for postponement or other reasonable arrangements on a case-by-case basis.
Nothing in this Clause shall oblige HIZASHI STUDIO to guarantee availability for any replacement date.
16) Limitation of Liability
16.1) General Limitation of Liability
HIZASHI STUDIO shall exercise reasonable skill, care, and diligence in providing its services. However, HIZASHI STUDIO shall not be liable for any loss, delay, or failure to perform arising from circumstances beyond its reasonable control or from matters expressly covered by this Agreement.
16.2) Equipment Failure & Data Loss
HIZASHI STUDIO maintains professional equipment and reasonable backup procedures. However, in the unlikely event of equipment malfunction, data corruption, memory card failure, storage failure, or other technical issues beyond reasonable control, HIZASHI STUDIO's liability shall be limited to the amount paid by the Client(s) for the affected services.
16.3) Missed Moments
HIZASHI STUDIO shall not be responsible for missed photographs or videos resulting from venue restrictions, limited access, guest interference, actions of other vendors, delays to the event schedule, or instructions given by the Client(s), event organisers, or authorised representatives.
17) Service Limitations
17.1) Image Quality & Artistic Variations
The Client(s) acknowledge that final photographs and videos may vary due to lighting conditions, weather, venue limitations, colour differences between display devices, and other environmental factors beyond HIZASHI STUDIO's reasonable control.
Such variations shall not be considered defects in the services provided.
17.2) Third-Party Services
HIZASHI STUDIO shall not be responsible for the performance, actions, delays, or failures of any third-party vendors or service providers engaged by the Client(s), including but not limited to event organisers, decorators, makeup artists, venues, printers, or couriers.
17.3) Maximum Liability
To the fullest extent permitted by applicable law, the total liability of HIZASHI STUDIO arising out of or in connection with this Agreement shall not exceed the total amount actually paid by the Client(s) for the services giving rise to the claim.
15.4) Notification of Defects or Claims
The Client(s) shall inspect all final deliverables upon receipt and notify HIZASHI STUDIO in writing of any alleged defects, omissions, or other concerns within seven (7) days of delivery.
HIZASHI STUDIO shall be given a reasonable opportunity to investigate and, where appropriate, rectify any verified issue.
Failure to notify HIZASHI STUDIO within the stated period shall be deemed acceptance of the final deliverables, without prejudice to any rights that cannot be excluded under applicable law.
18) Governing Law
18.1) Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
Any dispute arising out of or in connection with this Agreement shall first be resolved through good faith discussions between HIZASHI STUDIO and the Client(s). Where no amicable resolution can be reached, either party may pursue the remedies available under the applicable laws of Malaysia.
19) Acceptance of Terms
19.1) Acceptance of Agreement
By confirming the booking, making any payment, or accepting the services provided by HIZASHI STUDIO, the Client(s) acknowledge that they have read, understood, and agreed to be bound by this Agreement and all Terms & Conditions contained herein.
19.2) Entire Agreement
This Agreement constitutes the entire understanding between HIZASHI STUDIO and the Client(s) and supersedes any prior discussions, representations, or understandings relating to the services, unless otherwise agreed in writing by both parties.
20) Changes to Event Details
20.1) Changes to Event Details
The Client(s) shall notify HIZASHI STUDIO as soon as reasonably possible of any changes to the event date, time, or venue.
All requested changes shall be subject to HIZASHI STUDIO's availability and written confirmation.
Where a requested change cannot reasonably be accommodated, the matter shall be handled in accordance with the Booking, Payment, Cancellation, and Rescheduling provisions of this Agreement.
21) Package Amendments & Additional Services
21.1) Package Amendments
The selected package, services, and pricing shall be finalised before the booking is confirmed.
Any request to amend the package or add additional services shall be subject to HIZASHI STUDIO's approval and may be subject to additional charges.
21.2) Additional Services
Where HIZASHI STUDIO agrees to provide services beyond the original booking, a separate quotation or revised invoice may be issued.
Any additional charges must be accepted by the Client(s) and paid in accordance with the payment terms before the additional services, products, or deliverables are provided.
22) File Storage & Archiving
22.1) Download Period
The Client(s) shall download all final photographs and videos within sixty (60) days from the date the download link is provided by HIZASHI STUDIO.
The download link shall automatically expire after the stated period.
22.2) File Retention
HIZASHI STUDIO will retain the final edited files for up to one hundred and eighty (180) days from the date the download link is first issued.
After this retention period, HIZASHI STUDIO reserves the right to permanently delete all files without further notice.
22.3) File Recovery
Where the Client(s) request access to files after the retention period, HIZASHI STUDIO may, at its sole discretion, attempt to recover the requested files.
File recovery is not guaranteed. Where recovery is possible, an administrative and recovery fee of RM100 shall apply for each recovery request.
23) Album & Print Selection
23.1) Photo Selection
Where the selected package includes a photobook, album, frame, or any other printed product, the Client(s) shall be responsible for selecting the photographs to be used.
The Client(s) are advised to make their selections carefully, as all submitted selections shall be deemed final and cannot be amended once production has commenced, unless otherwise agreed in writing by HIZASHI STUDIO.
23.2) Selection Period
There is no fixed deadline for the Client(s) to submit their photo selections.
However, production of the photobook, album, frame, or other printed products will only commence upon receipt of the Client(s)' final selections. Any delay in submitting the selections will correspondingly delay the production and delivery timeline.
24) Travel & Transportation
Complimentary transportation is provided for locations within a fifteen (15) kilometre radius from HIZASHI STUDIO's operating location.
For locations exceeding the fifteen (15) kilometre radius, a transportation fee of RM1.00 per kilometre (RM1/km) for the total round-trip distance shall apply.
The travelling distance shall be determined using Google Maps, based on the most reasonable route selected by HIZASHI STUDIO.
The applicable transportation fee will be calculated and communicated to the Client(s) prior to confirmation of the booking.
25) Event Information
1.1) Accurate Event Information
The Client(s) shall provide accurate information regarding the nature of the event, including but not limited to the event type, venue, date, expected attendance, and any other information reasonably required by HIZASHI STUDIO.
Failure to provide accurate or complete information may affect pricing, scheduling, staffing requirements, and the services provided.
1.2) Changes to Event Details
The Client(s) shall notify HIZASHI STUDIO as soon as reasonably possible of any material changes to the event, including changes to the event type, venue, schedule, or scope of services.
All requested changes shall be subject to HIZASHI STUDIO's availability and written approval.
26) Event Changes & Price Adjustments
2.1) Price Adjustments
Where changes to the event require additional manpower, equipment, travel, production time, or other resources, HIZASHI STUDIO reserves the right to revise the quoted price accordingly.
Any revised quotation shall be communicated to the Client(s) and must be accepted before the additional services are provided.
2.2) Misrepresentation of Event
Where the actual event materially differs from the information provided during booking, HIZASHI STUDIO reserves the right to revise the applicable charges, modify the scope of services, decline additional services not originally agreed upon, or suspend the services where the changes materially affect the original Agreement.
The Client(s) shall remain responsible for any additional charges arising from such changes.
1) Booking & Payment
A non-refundable booking fee of RM50 is required to confirm the booking.
The remaining balance must be paid no later than three (3) days before the scheduled session.
Transport is included for locations within Klang Valley only. Additional travel charges may apply for locations outside the coverage area.
2) Session Duration
The photoshoot shall be conducted according to the agreed session duration.
Additional shooting time requested by the Client(s) shall be subject to HIZASHI STUDIO's availability and charged as follows:
• Additional 30 minutes – RM50
• Additional 1 hour – RM100
3) Rescheduling
Requests to reschedule must be made at least three (3) days before the scheduled session and are subject to HIZASHI STUDIO's availability.
4) Late Arrival
The Client(s) are responsible for arriving on time.
Any delay caused by the Client(s) will reduce the available shooting time accordingly unless additional time is available and agreed by HIZASHI STUDIO.
5) Weather
For outdoor sessions, HIZASHI STUDIO may postpone or reschedule the session if weather conditions make photography unsafe or unsuitable.
6) No Show
6. No Show
If the Client(s) fail to attend the scheduled session without prior notice, the booking shall be deemed completed and all payments shall remain non-refundable.
7) Deliverables
Final edited photographs shall be delivered within seven (7) to fourteen (14) business days.
Photographs will be delivered in JPEG/JPG format only.
RAW files will not be provided.
8) File Storage
The download link shall remain active for thirty-one (31) days.
The Client(s) are responsible for downloading and backing up all photographs before the link expires.
Where file recovery is possible after deletion, a recovery & storage fee of RM100 shall apply. File recovery is not guaranteed.
9) Public Locations
The Client(s) acknowledge that convocation sessions are commonly conducted in public locations.
HIZASHI STUDIO shall not be responsible where members of the public, other photographers, graduates, family members, or environmental conditions unintentionally appear in or affect the final photographs.
10) Acceptance
By confirming the booking or making any payment, the Client(s) acknowledge that they have read, understood, and agreed to both the Standard Terms & Conditions and these Convocation Photoshoot Service-Specific Terms.
11) TRAVEL & TRANSPORTATION
A fixed transportation fee of RM50 shall be charged for every convocation photoshoot booking.
The transportation fee is separate from the selected package price and shall be payable together with the remaining balance prior to the scheduled photoshoot session.
Amendments to these Terms & Conditions
HIZASHI STUDIO reserves the right to amend or update these Terms & Conditions from time to time.
Any amendments shall apply only to future bookings made after the revised Terms & Conditions have been published or otherwise communicated. Existing bookings shall remain governed by the version of the Terms & Conditions accepted at the time of booking, unless otherwise agreed in writing by both parties.
Breach of Agreement
Where either party breaches any material provision of this Agreement, the non-breaching party shall be entitled to exercise any rights or remedies available under the applicable laws of Malaysia.
Nothing in this Agreement shall prevent either party from seeking appropriate legal remedies where necessary.
Acceptance of Terms
No Physical or Electronic Signature is required for bookings made through online communication.
By confirming the booking, making the required booking deposits or any payment, or accepting the services provided by HIZASHI STUDIO, the Client(s) acknowledge that they have read, understood, and agreed to be bound by this Agreement and all Terms & Conditions contained herein.
SSM REGISTERD UNDER HIZASHI LEGACY (CT0163721-U).