萬國法律事務所

On 28 May, Taiwan’s Executive Yuan approved the “Mandatory and Prohibitory Provisions to be Included in the Standard Form Contract for Wedding Photography Services”. According to these new standards, deposits shall not exceed 20% and the dress deposits shall not exceed 10% of the total contract amount, and the contract review period shall be at least three days.
 
In order to fairly allocate risk sharing, if the weather is not suitable for a pre-wedding photo shoot, according to the new regulation, the two parties will be required to select an alternative date or method to fulfill the contract obligation.
 
In addition, the photography studio will be the author of the samples and photos selected by the consumer, and the economic rights (copyright) will be enjoyed by the consumer. Other samples and photos not selected by the consumer will be destroyed and cannot be used without the written consent of the consumer.  If the photography studio violates these new rules, it shall be liable for damages.
 
Finally, if the consumer has designated a particular photographer or stylist, the photography studio cannot unilaterally make any changes.  If the designated photographer or stylist is unable to perform the service, the photography studio must immediately notify the consumer to designate an alternative photographer or stylist, and if the consumer has paid the fee and is reluctant to designate such alternatives, then the consumer may exercise the right of termination and obtain a refund (double the amount of the paid fee). When the consumer terminates the contract, the photography studio shall also refund the payment for any service not provided.