Brisa

Legal document

Terms of service

Booking, prices in US dollars, permits, drone flights, rescheduling, your 7-day right of withdrawal and delivery, under Brazilian consumer law.

Who you are contracting with

These terms govern photography, video and drone sessions in Brazil booked through this site. The provider is TODO_LEGAL_NAME, TODO_ENTITY, CNPJ TODO_CNPJ, at TODO_ADDRESS. Questions and complaints: TODO_EMAIL, TODO_PHONE. Article 2 of Decreto 7.962/2013 requires an online seller to show its business name, CNPJ, physical address and e-mail in plain view, which is why they come first.

Booking and payment

A session is confirmed when the retainer is received, not when the enquiry is answered. The retainer is TODO_RETAINER_PCT of the session fee and it holds the date. The balance is due TODO_PAYMENT_TERMS.

Before you pay anything you receive a written summary of the booking — the service, the date, the total amount, every additional charge listed separately, and the clauses that limit your rights — as article 4 of Decreto 7.962/2013 requires. Receipt of your acceptance is confirmed immediately, and the confirmation is sent in a form you can keep. TODO_TAXES.

Prices and currency

Prices shown on this site are starting prices in US dollars (USD). They exclude any permit, entry fee, venue charge or parking a location imposes; each of those is listed separately before you book.

Brazilian law admits an obligation payable in Brazil in a foreign currency only in the cases listed in article 13 of Lei 14.286/2021 — one of them is an obligation where the creditor or the debtor is not resident in Brazil (item II) — and any other foreign-currency stipulation is void (sole paragraph). So:

  • if you are resident outside Brazil, the amount agreed is in US dollars;
  • if you are resident in Brazil, the US-dollar price is a reference only, and the amount you owe is fixed in Brazilian reais in your written quote. TODO_BRL_CONVERSION.

Permits, entry fees and venue charges

Some locations charge for professional photography or filming, or require written permission: federal conservation units managed by the Instituto Chico Mendes de Conservação da Biodiversidade (ICMBio) or their concessionaires, listed heritage protected by the Instituto do Patrimônio Histórico e Artístico Nacional (IPHAN), state parks, municipal filming authorities, and private venues. Pousadas, hotels and resorts often charge an outside-vendor fee for a photographer who is not on their staff.

These charges are your cost. Each one that applies to your session is named before you book, with its amount where the issuing body publishes one, and appears on the invoice as a pass-through. A permit is decided by the authority or venue that issues it, not by us; where one is refused, an alternative location or date is offered at no extra charge.

Drone flights

Drone work is flown under the rules of the Agência Nacional de Aviação Civil (ANAC) for unmanned aircraft, with airspace access requested from the Departamento de Controle do Espaço Aéreo (DECEA) where the flight needs it, using equipment certified by the Agência Nacional de Telecomunicações (ANATEL). Conservation units, heritage sites, airports, beaches and venues may set their own restrictions on top.

A drone flight depends on that authorisation and on conditions on the day. The pilot may cancel or cut short a flight for wind, rain, an airspace restriction, an instruction from an authority or venue, or the safety of people on the ground, and doing so is not a breach of these terms. Ground photography or video booked alongside continues as planned. If no flight is possible on the day, the drone part of the fee is moved to another date or refunded, whichever you choose.

Rescheduling and weather

You may move a session once at no charge with at least seven days' notice. Inside seven days, the retainer is held against the new date only if a new date is agreed within TODO_RESCHEDULE_WINDOW.

Weather is not a cancellation in itself. Overcast skies and a passing tropical shower are working conditions, and often better ones. Where conditions make the planned location genuinely unusable — a thunderstorm with lightning, a heavy-rain or strong-wind alert from the Defesa Civil, a cold front bringing sustained wind and rain to the southern coast, a closed trail, park or beach — the session is moved rather than cancelled, at no charge, whichever party calls it.

Cancellation

Your statutory right of withdrawal

Article 49 of the Código de Defesa do Consumidor (CDC) lets you withdraw from a contract made outside a commercial establishment — a booking made through this site is one — within 7 days of making it, without giving a reason. Every amount you paid is returned immediately, monetarily updated (sole paragraph). You may withdraw through the same channel you used to book or by writing to TODO_EMAIL, receipt is confirmed immediately, and a card payment is reversed through the card issuer (Decreto 7.962/2013, art. 5). This right applies regardless of the table below.

After the withdrawal period

More than 30 daysRefunded in fullNot yet due
14 to 30 daysRetainedNot due
Less than 14 daysRetained50% due
No-showRetainedFull fee due

The amounts retained reflect a date that was held for you and turned away to others. TODO_CANCELLATION_TERMS.

Delivery

A private online gallery is delivered within the window quoted for the service, counted from the session, not from final payment. Weddings and multi-day work carry their own quoted window.

The number of edited photographs quoted for each service is a minimum, not a cap. Editing means colour, exposure, contrast and blemish work in the photographer's own style. Composite work, body reshaping and the removal of people or permanent objects are not included and are quoted separately if wanted at all.

Galleries stay available for twelve months. Download your files: archival storage beyond twelve months is not promised.

What is not promised

Photography is a craft and not a guaranteed outcome. What is promised is a professional who arrives on time, works the agreed hours, and delivers the agreed number of edited photographs at professional standard. What cannot be promised is that a particular person will smile, that a venue will permit a particular frame, or that the light on a given evening will be the light in the portfolio.

Where a photographer cannot attend through illness or emergency, a replacement of equivalent standard is arranged where possible; where it is not, every payment is refunded in full.

Nothing in these terms limits a right the CDC gives you or excludes a liability Brazilian law does not allow to be excluded; a clause that tried to would be void under article 51 of the CDC. TODO_LIABILITY.

Your conduct on a shoot

You are responsible for securing permission to photograph on private property that you arrange, for the behaviour of your own guests, and for telling us in advance about anything that affects safety. A photographer may end a session where they are subjected to abuse, threats or an unsafe location.

Complaints

Write to TODO_EMAIL first. Receipt of a complaint is confirmed immediately, and it is answered within five days (Decreto 7.962/2013, art. 4). You may also complain to the Procon of your state or on consumidor.gov.br, the public complaint platform of the Secretaria Nacional do Consumidor (Senacon), without having complained to us first.

Governing law and jurisdiction

These terms are governed by the laws of the Federative Republic of Brazil, the CDC among them. A consumer may bring a claim in the courts of their own domicile (CDC art. 101, I); otherwise the competent courts are those of TODO_JURISDICTION.

Changes

These terms may change for future bookings. The version that governs your booking is the version published on the day you paid the retainer, and a copy is sent with the confirmation for that reason.

Last reviewed: TODO_LEGAL_REVIEW.

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