MIAME.PHOTOGRAPHY

The contract is between the Photographer and the Client as detailed below: 

The Photographer's Name: Olha Tereshchenko

Photographer's Address: Ottawa ON

Photographer's Contact Number: +1 (613) 601-8818

The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session.  If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.

1. A Summary of the Contract:

The Photographer is responsible for providing the Client a photographic service as detailed in Section 2 (Coverage).  The Client undertakes to engage the Photographer for this coverage for the price as detailed in Section 2 and 3.

2. The Coverage

Coverage will be provided by the Photographer as follows:

Coverage will end as specified in the Type of Session noted above.

The cost of product is not included in the specified coverage.

3. Payment Arrangement
The Client agrees that upon booking a date and time for the photography session, they will pay a deposit of $100 CAD directly through MIAME.PHOTOGRAPHY’S website. This deposit secures the booking. 

If the Client does not notify the Photographer of any rescheduling or cancellation at least 2 full days (48 hours) before the scheduled session, the deposit will be non-refundable. The remaining balance of the total fee specified in the invoice from MIAME.PHOTOGRAPHY is payable on the day of the session by a method convenient to the Client (e.g., e-transfer, cash).

The total fee will include the amount specified in Section 2 as well as mileage and lodging as specified below.

For photography sessions beyond 62 miles (100 kilometers) from the city limits of Ottawa, ON, the Client is responsible for paying mileage for the excess distance (round trip). Mileage will be calculated at the current Canadian federal rate of $0.72 CAD per kilometer for the first 5,000 kilometers and $0.66 CAD per kilometer thereafter, as published by the Canada Revenue Agency (CRA). These charges will be clearly presented on MIAME.PHOTOGRAPHY’S invoice to the Client.

 

4. Copyright
The Photographer, as the creator of the photographs, retains full copyright to all photographs taken during the specified session, worldwide and indefinitely, in accordance with the Copyright Act of Canada.

The Client is granted a non-exclusive, personal, non-commercial license to use the delivered digital files solely for personal use, including printing and displaying at home or online. The Client may not sell, transfer, or use the photographs for commercial purposes without prior written permission from the Photographer.

The Photographer reserves the right to use the photographs obtained under this agreement for portfolio, advertising, promotional, or any other lawful purposes without additional consent from the Client, provided that privacy rights and consent of any identifiable individuals are respected where applicable.

Use and Publication Consent:
The Client understands and agrees that the Photographer may use the photographs for portfolio, promotional, advertising, and marketing purposes unless the Client explicitly requests otherwise.

If the Client does not consent to the use or publication of any images from the session, they must notify the Photographer in writing and in advance of the session or before the delivery of final images.

In such cases, the Photographer agrees to respect the Client’s wishes and will not publish or distribute the images publicly without prior written consent. Any restrictions on the use of photographs must be clearly communicated and agreed upon by both parties before the session.

In cases where photographs contain recognizable individuals, the Photographer confirms that appropriate model release forms or permissions have been obtained for their use in advertising or public display.

5. Image Size, Color, Style and Composition
All image sizes are approximate. The Photographer will provide a pleasing color balance but cannot guarantee an exact color match to the environment in which the photograph is taken. It is sometimes not possible to reproduce in print the exact color as seen by the human eye.

The Client has no right to reject photographs based on style or composition.

6. Attendance
In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances (such as illness, accident, or technical issues), the Photographer reserves the right to reschedule the session. The Photographer shall notify the Client as soon as possible about the rescheduling to agree on a new date.

If the Client is unable to attend the session as outlined in Section 2 due to unforeseen circumstances, he/she is responsible for notifying the Photographer and rescheduling the session.

7. Indemnity
The Photographer agrees to indemnify and hold harmless the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third-party copyright works, trademarks, designs, or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed upon before the day of the session.

In all other cases, the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.

 

The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.  

Photographer Signature: OLHA TERESHCHENKO