Terms and Conditions

 

1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, Family and friends of the Client shall be permitted to photograph as long as they shall not interfere with the Photographer’s duties.

2. Payment. The Client shall make a payment in full to retain the Photographer to perform the services specified herein. 

3. Cancellation. If the Client shall cancel this Agreement 24 or more hours before the event date, the client will be permitted to reschedule, pentalty free. If Client shall cancel within 24 hours of the event date, liquidated damages shall be charged at a rate of 30% of the session fee and the client will be permitted to rebook. Only one penalty free re-booking is permitted per session.

4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.

5. Client’s Usage. The Client is obtaining prints and/or digital files for personal use only, and shall not sell said prints and/or digital files. If Client is obtaining a print for newspaper announcement, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph.

6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

7. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling confl icts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

8. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.

9. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the province of Alberta.