Session Terms & Conditions
Payment: Payment balance is required before or on the date of the session. Photos will not be placed in editing queue or released until the payment is received in full. A retainer fee of $100.00 sent through E-Transfer is due upon booking
Copyright Law: The copyright of photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.
Model Release: The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
Limit of Liability: In most situations the session will be postponed to a different day, in the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Cooperation: The Clients and anyone within their party and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. Ensuring the appropriate behavior of all people participating in the shoot shall be the responsibility of Client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any participant or the client (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the Photographer will end coverage immediately and leave the session, Photographer shall be entitled to retain all monies owed as per the contract and client agrees to relieve and hold Photographer harmless as a result of incomplete photography coverage.
Ticks & Bug Bites: Please be aware that tickets and other insects may be present in outdoor locations. It is the clients responsibility to take proper precautions to avoid bites/stings etc. By booking a session, the client accepts full responsibility to ensure proper precautions are taken. The photographer will not be held liable in the event that the client is bitten/stung etc. by an insect.
Permits: It is the clients responsibility to look into and provide the photographer a copy of any permits required for photographs. If a client fails to purchase a permit whatever financial consequences in terms of a ticket or late issue permit being required is the responsibility of the clients. The photographer requests that the clients get a permit if they are doing photographs in any public park, or private space. If your group is small it is likely unnecessary to purchase a permit, but if you have a group larger than 9 people we highly recommend looking into purchasing a permit once you choose your location. Please provide your photographer with an electronic copy of your permit so if anyone requests to see it the photographer can provide it.
Image Processing/Printing: Unless agreed upon prior to any editing work, digital image files and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be asked for. Limited color correction and/or retouching are included at Photographer's discretion. Client may request further changes within 7 days of receiving photos. Please note that photos are edited to the artistic integrity of the photographer, therefore the photographer can reject a request if deemed unreasonable. If a client is not happy with any of the following (but not limited to): clothing that they were wearing, spray tan or makeup imperfections, sunglasses that were forgotten about or transition lenses, these items will not be edited out. Please ensure that you are happy with all the premeditation things prior to your session. Your online gallery will be provided to you 3-6 weeks after your session. If you booked a session with limited down loads (a mini session) it will contain the agreed upon amount of images (this amount will be stated when booking/on website/in the advertisements for the session) The client recognizes that only the predetermined amount downloads come for free with their package and recognizes any errors in downloading are the responsibility of the client and the photographer cannot provide any additional downloads because of the nature of digital products. Any additional images will be available for purchase for a price determined by the photographer and is subject to change without notice. Online galleries expire after 3 months, so if you wish to purchase images through the photographer please do promptly. If the client does not download the photos before the gallery expires there will be a $150 upload fee to have the photos re uploaded for one month. Photographer provides the option for printing through the shootproof gallery. The photographer is guarantying the quality of only this printer. Prices are subject to change. You will also receive a release document for all images if you opt to print your own photos at your own selected gallery. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab. Portrait sessions are not delivered on a USB, if you would like the files delivered to you on a USB this will be an additional $75.00.
Data Retention Period: The client(s) are responsible to download images and back them up to ensure they're safe keeping. The photographer recommends backing up your photos after receipt on a hard drive (or SSD Drive) kept in a safe place as well as some kind of cloud storage server. The Photographer shall retain final copies of delivered digital images, captured and created for the Client during the term of this Agreement, for a period of one (1) year from the date of completion of the photography services (the "Retention Period"). The Retention Period shall commence on the date of final delivery of the photographic materials to the Client. Beyond this date the photographer is not responsible for backup of the clients images.
Image Size, Colour, Style & Composition: All image sizes are approximate. The photographer will provide a pleasing colour balance but does not guarantee exact color matching. It is sometimes not possible to record in print the exact color as seen by the human eye. There is no right to reject on the basis of style or composition. Please also note that RAW files will not be available to the client. Requested images are encouraged but not guaranteed. If the client has a specific list of images, they would like it is their responsibility to ensure that nothing has been missed. The photographer will try to accommodate all requests to the best of her ability.
The Schedule: Our shooting schedule, style of working and experience are designed to achieve a great set of photos for the Clients, accomplished with good humour and enjoyed by all concerned. Both the Clients and the Photographers therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the session does not run on time (for example, extreme lateness where clients are delayed to arriving at the session) we cannot guarantee to take our normal set of photos. If the client is delayed and the photographer is available the client will have the option to purchase additional time for the date of the contract at the discretion of the photographer. This fee will be billed after the session and will be due before any images are delivered. The session times cannot be changed within 48 hours of the shoot, if changes are made within 48 hours or less the photographer reserves the right to decline any last minute changes. Changes might not be reflected in specific contract, but would have been clearly stated in email correspondence between client and photographer, and are legally binding as per this document. Emails/text messages confirming the changes between the two parties will be held legally binding. Any delayed time will be included in the session time (e.g. for a 1 hour session if the clients are 15 minutes late, they will now have the remaining 45 minutes to complete the session.) The photographer is not required to make up for any lost time due to clients lateness, and full payment will still be required. Photographer reserves the right to leave if clients are more than 10 minutes late. Retainer will under no circumstances be refunded.
Re-Scheduling & Cancellation: If for whatever reason the clients need to reschedule their session, we will try our best to accommodate if requested 2 weeks or more in advance. If the customer requests to reschedule less than 2 weeks prior to the session, the request could be denied. If session is unable to be re-booked, retainer will be forfeited and contract will therefore be broken by the client.
Governing Law. The laws of Ontario govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.