TERMS AND CONDITIONS
RESERVATION & PAYMENTS: A signed contract and a non-refundable retainer fee are required to reserve the dates and times of the SESSION(S). Failure to make the final payment will result in a $5.00 CAD per day late fee until the balance is paid in full. No post-production will be made and no images, prints or products from the SESSION(S) will be released until final payment made.
RESCHEDULING: If CLIENT reschedules the SESSION(S) and the COMPANY has the new date available in the same year, all money paid up until that point shall be transferred to the new date and the parties shall revise this contract accordingly to indicate the new date and it is subject to the pricing in effect at the time of reschedule. The CLIENT may subject to a rescheduling fee of $100. If the COMPANY is unavailable on the new date, it will be treated as a cancellation.
CANCELLATION: If there is a breach of contract by the CLIENT or if the SESSION(S) are cancelled before 14 days before the SESSION(S), the retainer fee and all the payments up to the time of cancellation are non-refundable and shall be liquidated damages to the COMPANY. Within 14 days of the SESSION(S), the CLIENT shall be required to pay the full balance due. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation. All fees are due and payable within 14 days of cancellation. All cancellations must be made in writing.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal(s) and transport costs including parking fees unless provided by the CLIENT and specified otherwise. A meal (per photographer) is required to be provided for any event exceeds 4 hours of continuous coverage. The first 200 km roundtrip of travel from N6G0N8 or M2K0B9 are included on the wedding day and the first 100 km roundtrip are included for portrait session. All km in excess are charged at $0.55 CAD per km.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, un-cooperation of CLIENT or guests, lateness of the CLIENT or guests, weather conditions, choice of clothing/props, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the SESSION(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the SESSION(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY may not be reproduced in any manner without the COMPANY's explicitly written permission. The COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for advertising purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SESSION(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the SESSION(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. Wedding gallery will be made available within 10-16 weeks after the wedding day. Other galleries will be made available 4-8 weeks after the session. Sneak-peek or early delivery is available at an additional cost. Additional time will be required for custom work and printed products. For online delivery, online gallery is available for 6 months period after the delivery. To reload gallery after the expiry, a charge of $50 CAD is applied.
POST PRODUCTION AND EDITING: Standard editing includes general color correction, contrast and sharpening. Re-editing and custom retouching, which includes changing the look of the scene, facial retouching (such as removal of blemishes, double chins), reduction of weight, can be requested at an additional charge for digital images and may be included for some printed products. The final post production and editing styles, effects, and overall look of the images and videos are left to the discretion of the COMPANY. All images will be delivered as high-res JPEGs. All RAW files are property of the COMPANY and will not be given to the CLIENT.
PRICES: Packages can be upgraded until the SESSION(S) date and package prices are guaranteed until the SESSION(S) date. Orders placed after the SESSION(S) will be charged at the rates in effect on the date of the order. Re-order due to CLIENT’s error during the final proof approval is subject to re-order prices.
PRINTED PRODUCTS: All products are required to be finalized by CLIENT within 9 months after the delivery of the images or the order whichever is the later. After this period, the CLIENT will be subject to the current rates in effect and will be responsible for the differences in prices. The CLIENT assumes all responsibility for the safety of all products upon delivery. The COMPANY is not liable for print quality ordered outside of the COMPANY.
EXCLUSIVITY: The COMPANY shall be the exclusive photographer retained by the CLIENT for the purpose of photographing the SESSION(S). Guests, family and friends of the CLIENT shall be permitted to photograph as long as they shall not interfere with the COMPANY’s duties. This does not apply to the SESSION(S) at the COMPANY's studio in which no camera is allowed during the SESSION(S).
SAFE WORKING ENVIRONMENT: The CLIENT agrees to undertake the best efforts to ensure that guests and attendees at the SESSION(S) treat the COMPANY’s staff with respect and dignity and that Photographer is provided with a safe working environment. The COMPANY retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the SESSION(S) commit any instances of sexual harassment, violence, threats or other similar behavior that would lead a reasonable person to feel unsafe in such environment. In the event of such cancellation client shall not be entitled to any refund.