Terms and Conditions
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Trish Beesley, known as "Photographer", shall provide services to photograph the client to the best of their abilities. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the Province of Ontario shall govern this contract, and any resulting arbitration shall take place within Brampton, Ontario. Client assumes responsibility for all collection costs and legal fees incurred by the Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable booking fee equal to 50% of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full by the shoot date. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned cheques will be assessed a $100 non-sufficient funds fee, and all future purchases/payments must be paid by Certified Cheque or Money Order. Unless the contract is cancelled, the retainer fee shall be applied to the photography fee total.
Cancellation/Rescheduling: If for any reason Client cancels or reschedules this contract before the shoot date, Photographer will keep the retainer. Cancellation must be made in writing, signed by the contracted party, and sent via email or regular post. It is the client’s responsibility to confirm cancellation. Should the client want to reschedule the shoot day they must give reasonable notice to the photographer and must reschedule within two weeks of the cancellation date. Should the rescheduled date not be within two weeks the client will loose their booking fee. Should the client cancel or reschedule 2 times the client will then be responsible to pay the full session fee and the photographer reserves the right to cancel the session.
Liability: 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.
Photo Delivery: The client will receive one of the following with regards to delivery of images: 1-via Digital Download, 2-via USB, 3-via Physical Prints. The Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Pricing: Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer. All print/album credits and sessions must be used within 3 months of web gallery posting or photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.
Responsibilities: Unless agreed upon in advance, Trish Beesley shall be the exclusive photographer retained for the shoot. Photographer may bring one assistant at her discretion. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. It is the responsibility of Client to prevent family and friends from interfering with Photographer's duties.
Coverage: Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of colour, black and white, and selective colour images. An alternately coloured version of a photo may be purchased at the current rate. Limited colour correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. 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.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Trish Beesley Photography. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Copyright: All photographs taken by Trish Beesley are her property, will remain her property and are protected by Copyright Laws. Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees to purchase prints directly from Photographer unless in possession of high resolution digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. Should Photographer become aware of reproduction without permission, Client will remit a usage fee of $100 per image, per usage to Photographer. If high resolution digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties for editing or other printing purposes.
Food: It is the responsibility of the client to inform the photographer of any allergies upon booking sessions that include the use of food. The photographer will not be held liable in the event that a child is found to be allergic to any of the ingredients used to make the cake. The photographer has the cakes professionally made by a third-party. Items may contain or have come in contact with nuts.
The client has read the Agreement, agrees to all its terms and acknowledges receipt of a complete copy of the Agreement signed by the client and photographer.