This agreement is entered into between 2685303 Alberta Ltd., operating under the trade name Rayne Drop Photography (“Photographer” or “Studio”), and the undersigned individual client {clientName}, for the purpose of providing photography services.
TERMS AND CONDITIONS
1. Exclusive Photographer
It is understood that Rayne Drop Photography is the exclusive photographer retained to perform services on the agreed-upon date.
2. Payment Terms
No part of any order (including digital files or prints) will be delivered until the balance is paid in full. Final payment is due prior to delivery of edited images.
Late Payment: Unpaid balances exceeding 30 days may incur interest charges of 2% per month (24% annually) and recovery fees.
3. Image Use & Model Release
The Photographer reserves the right to use images from the session for advertising, portfolio, display, publication, or other promotional purposes. The Client affirms that they have full authority to grant such usage rights for all individuals included in the photographs and agrees to indemnify and defend the Photographer in the event of legal claims regarding image use.
4. Copyright and Ownership
All images, negatives, digital files, and previews remain the exclusive property of 2685303 Alberta Ltd. It is illegal to copy, scan, screenshot, or reproduce photographs for commercial purposes or distribution without written permission. Violators may be subject to civil and criminal penalties.
5. Session Reservation and Refund Policy
Upon signature and receipt of the session fee, the Photographer will reserve the agreed-upon date and time. Session fees and deposits are non-refundable, unless the Photographer is able to rebook the original date. This applies even in the event of cancellation or rescheduling by the Client, except in cases of inclement weather.
6. Weather and Adverse Conditions
If inclement weather or other adverse conditions prevent the creation of images that meet the Photographer’s standards, the session may be rescheduled or moved to an alternate location.
7. Photographer's Inability to Perform
If the Photographer is unable to perform due to illness, emergency, or events beyond her control (e.g., fire, equipment failure, natural disaster), any payments received will be refunded. The Photographer’s liability is limited to the total amount paid and no further liability will be accepted for any consequential damages.
8. Client Responsibility for Image Quality
The Photographer is not responsible for the quality of prints or digital products not ordered through Rayne Drop Photography. Discoloration or variations in print quality due to third-party printing services are not covered under warranty.
9. Price Adjustments
All pricing is based on the current Rayne Drop Photography price list at the time of ordering. Prices are subject to change without notice and will apply to future orders.
10. Delivery and Archiving
Digital files will be retained by the Photographer for a period of 90 days from the date of the session. After 90 days, all digital files will be permanently deleted from the Photographer’s storage system.
11. No Editing or Alteration by Client
Clients may not edit, crop, apply filters, or otherwise alter any images provided. This includes changes made via social media platforms or mobile apps.
12. Image Editing and Retouching
Images are edited in accordance with the Photographer’s signature style. Minor retouching (e.g., blemishes) is included. Edits related to controllable elements (e.g., stains, flyaway hair, runny noses, pet hair, dry skin) are not included. Additional retouching is available at $50 per image upon request. Clients are encouraged to pay attention to the little details to ensure that everyone is looking their best.
13. Session Fee and Ordering
The session fee is required to confirm your booking. No further payment is due until your gallery viewing appointment. A proof gallery will be presented within 7–10 days post-session. If no order is placed during the initial reveal, a $150 fee will be charged to book a second ordering appointment.
14. Print and Product Sales
All print and product sales are final. Refunds are not issued under any circumstances. Damaged items due to shipping will be reviewed for potential replacement at the discretion of the Studio.
15. Illness Policy
If the Client, a child, or anyone attending the session is feeling unwell, the Client agrees to contact the Studio to reschedule. The Photographer also reserves the right to postpone a session if she is feeling ill or if anyone in attendance appears visibly sick. Rescheduling due to illness will be offered at no extra charge to protect all parties involved.
16. Consent for Minors
The Client affirms that they are the parent or legal guardian of any minors participating in the session and grant permission for their participation and image use as outlined in this agreement.
17. Limitation of Liability
The Photographer’s liability for any claim, breach, or damage shall be limited to the amount paid under this agreement. The Client agrees to indemnify and hold harmless 2685303 Alberta Ltd., its employees, agents, and assigns from all liabilities, claims, and legal expenses that may arise from services provided under this agreement.
18. Governing Law
This contract shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada. Any disputes shall be resolved within the jurisdiction of Alberta courts.
19. Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the issue through mediation before pursuing legal remedies.
20. Electronic Signatures
This agreement may be executed electronically. Electronic signatures shall carry the same legal effect as handwritten ones.
21. Entire Agreement
This agreement constitutes the entire understanding between the Client and Photographer. No verbal agreements or other understandings shall be binding unless in writing and signed by both parties.