Services Agreement

2.1Services

The Client selects one of the following services in the booking form:

• Photography only
• Dive guiding only
• Photography and dive guiding

Rates are as listed in the booking form. All prices are in Thai Baht (THB). Services or locations not listed must be agreed with the Contractor in writing before booking.

2.2Payment

• Full payment (100%) is required before the trip.
• Payment is made by PromptPay to the account shown in the booking form.
• The Client must upload the payment slip in the booking form.

2.3Cancellation & Rescheduling

• Cancellations made 30 days or more before the scheduled trip: refund of the total fee minus a 15% cancellation fee (85% refunded).
• Cancellations made less than 30 days before the scheduled trip: all payments are forfeited.
• Rescheduling is not allowed under any circumstances.

2.4Safety First

Safety always takes priority over photography. The Contractor may skip shots, change the dive plan, or end a dive at any time for safety reasons.

2.5Client Information & Data

The Client provides its name, business registration number (if any), and the ID of the Client or its authorized signatory, to verify identity and for contract enforcement.

• This information is stored securely and is not shared with any third party.
• It is used only for verification and legal purposes related to this Agreement.
• It is kept for up to 1 year after the last trip, then deleted. The Client may request deletion earlier by contacting the Contractor, unless it is still needed for an open payment or legal matter.

3.1Deliverables

• Format: JPEG, sRGB color profile
• Watermark: As selected by the Client in the booking form: the Client’s name as text, or the Contractor’s credit. A logo may be used instead if the Client provides the file before or at the trip. If no option is selected, the Contractor’s credit is used.
• Delivery method: Google Drive
• Delivery time: within 3 days after the trip ends
• All delivered photos include content credentials, EXIF data, and a digital signature embedded for copyright protection.

3.2Copyright & Usage Rights

• The Contractor retains full copyright to all photos and may use any photo from the session online and offline for promotional and portfolio purposes.
• The Client is granted a non-exclusive license to use the delivered photos for:
  • Posting on the Client’s own social media, website, and other online channels, including to promote the Client’s business
  • Sharing the photos with the Client’s customers who appear in or joined the trip
• The following require written permission or a separate commercial license (additional fees apply, see Schedule A):
  • Paid advertising, including boosted or sponsored posts
  • Printed materials (brochures, flyers, posters, etc.)
  • Publications, merchandise, or use by any third party
• Photos may not be sold or licensed on any platform or marketplace without written permission from the Contractor.
• Written permission may be given by message or email. The Contractor may grant or waive any of the above restrictions case by case.
• Any use that requires permission but was made without it will be charged at 2x the rate in Schedule A, per image, for each use found, which may be invoiced after the use is discovered.
• If the Contractor allows a use or does not enforce a term in one case, this does not waive the Contractor’s right to enforce it in any other case or later.

3.3RAW Files Policy

• RAW or unedited files are not provided as part of the standard service. All delivered photos are professionally edited and finalized in the Contractor’s style.
• RAW files are available only under a separate agreement and additional fee, depending on scope and intended use.
• Even if RAW files are provided, the Contractor retains full copyright and ownership. RAW files may not be resold or redistributed without written permission.

3.4Photography-Only Trips

When engaged for photography only, the Contractor dives as a photographer and is not responsible for guiding or supervising any diver. The Client must provide its own dive guide for each group.

4.1Role

The Contractor is engaged as an independent contractor to provide dive guiding services. The dive guiding role is limited to site briefing, route navigation and pace for the group assigned by the Client. The Contractor does not act as an instructor and is not responsible for teaching, skill assessment, or one-on-one supervision of any diver.

4.2Group Size

The Contractor leads a maximum of 5 certified divers per group, unless agreed in writing in advance.

4.3Diver Screening

The Client is solely responsible for verifying that every diver:

• holds a valid certification suitable for the planned dives;
• is medically fit to dive; and
• has signed the Client’s liability release, medical questionnaire, and any other required documents before diving.

The Client’s liability release must cover freelance guides and independent contractors working on the Client’s behalf.

4.4Operations & Equipment

The Client is responsible for the boat, rental equipment, emergency oxygen, first-aid kit, emergency action plan, and compliance with all applicable laws, regulations, and training agency standards.

4.5Insurance

The Client must maintain valid liability insurance covering its operations and must ensure all divers hold valid dive accident insurance.

4.6Right to Refuse or End a Dive

The Contractor may refuse to lead, or may end, any dive if a diver’s skills, physical condition or behavior (including alcohol use), or the dive conditions, are judged unsafe. This does not reduce the agreed fee.

4.7Indemnity

To the extent permitted by law, the Client agrees to indemnify and hold the Contractor harmless from claims by the Client’s customers arising from the diver’s own conduct, undisclosed medical conditions, rental equipment, boat operations, or the Client’s failure to screen divers as described in 4.3.

4.8Photography and Dive Guiding Combined

When engaged for both services, dive guiding duties take priority over photography, and the number of photos may vary depending on dive conditions and group needs.