1. Retainer and Payment. The Client shall make a non-refundable retainer of $50.00 to the Photographer to perform the services specified herein and date agreed upon by both parties. The remainder is due 24 hours prior to the session. Images will not be released until session is paid in full.
*Holiday Family Sessions do not require a retainer. Full payment in cash due to the day of event. *
Payment Option:
Email Transfer to Highlandphotography@outlook.com; no password required.
2. Images. The Client will receive their images to view via an on-line gallery with-in 14 days of the session date. The Client will have 14 days to select which images they would like in their package to be edited. Selected images will be edited and delivered to the Client via Digital Download or USB within 14 days of receiving the selected images.
Digital Download Clients gallery will remain up for 30 days from the date of our session, after 30 days the gallery expires and all images will be deleted from the gallery.
USB Client's gallery will remain up for 30 days from the date of our session, after 30 days the gallery expires and all images will be deleted from the gallery.
Images will expire off the gallery after one month from our session date. There is a $100 fee to upload an expired gallery, this price is for one image or all images.
USB sticks can be mailed to you upon completion instead of returning to the studio for pick up however Client is responsible to pay postage fees.
3. Cancellation. If Client requests to amend or cancel this agreement 14 or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, this agreement 14 or less calendar days before the session date, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain.
4. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 14 days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
5. Subjects. The Client shall maintain control and responsibility of other subjects including siblings at the session. The Client shall provide all necessary controls over additional subjects.
6. Copyright, Reproductions & Printing. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. Images provided by digital download, proof gallery, blog, website, USB or by email will not be copied, saved, screen captured or otherwise obtained other than by purchasing them. You are not permitted to alter, edit or filter delivered jpeg images. These acts are unlawful under the current Copyright Laws in Canada and will be pursued in court.
Printing. - Highland Photography uses high resolution files for your images therefore we strongly recommend using a professional lab to print your images. Printing services are available at gallery time. Highland Photography is not responsible for the quality of the images if Client's choose to use another service.
7. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
8. Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
9. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, weather, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
10. Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
11. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed, this excludes packages.
12.Travel and Overage Fees. The Client shall pay $.56 per km after 30 km outside the postal code N3C 3V4.
13. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
14. 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 Ontario.
15. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
16. Lawyer’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
17. Studio Policy. Cameras other than Highland Photography's are not permitted, this includes cell phones cameras. Do not take pictures with your cell phone of the session, this applies to the company you bring to the studio as well. *There is a no smoking policy on the property.* My studio is in my home, there is no wondering around, all persons must remain in the studio space at all times.
Accident Waiver and Release of Liability
Kimberly Barnes-Robinson and/or Highland Photography or any other persons acting oh behalf Highland Photography, is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Kimberly Barnes-Robinson, Highland Photography, employees and/or volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography, from any claims against their person or their business.