ENTIRE AGREEMENT:

This agreement constitutes an order for photography services as agreed to on October 22nd, 2023 by both parties, THE PHOTOGRAPHER and THE CLIENT. This agreement supersedes all prior and simultaneous agreements between the parties. This agreement is binding upon payment. Your reservation will not be booked until your payment has been received.

COPYRIGHTS:

It is understood that all proofs, digital files, video, audio, photographs, digital negatives or prints produced by THE PHOTOGRAPHER are protected by Copyright Law and may not be reproduced in any manner without THE PHOTOGRAPHER’s explicit written permission. It is understood that these materials may be used for advertising, display, sale or any other purpose thought proper by THE PHOTOGRAPHER without further consent.

LIMIT OF LIABILITY:

THE PHOTOGRAPHER takes the utmost care with respect to digital files and photographs taken at the wedding/event. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond THE PHOTOGRAPHER’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the agreement price of $250. The limit of liability for a partial loss of originals shall be an appropriated by the amount of frames lost against the total number of frames shot for the entire time of coverage. This percentage is to reflect the amount to be returned to THE CLIENT. The limit of liability shall not exceed the total value of physical deliverables in the agreement (books, albums, prints, cards, USB drives, etc). Taxes cannot be refunded.

RELEASE:

THE CLIENT hereby releases, discharges, and agrees to save harmless THE PHOTOGRAPHER, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority from THE PHOTOGRAPHER from and against any liability as a result of any distortion, blurring or alteration, either intentionally or otherwise, that may occur or be produced in the taking, processing or reproduction of the photographs.

PAYMENT SCHEDULE, RESCHEDULING:

THE CLIENT agrees that a full payment amount is required at the time of agreement acceptance. Your date is not reserved until the full payment is received. THE PHOTOGRAPHER reserves the right to proceed with booking other jobs/sessions on October 11th, 2023 up until the payment is received. In the unfortunate situation where THE CLIENT cancels the event, the payment including taxes is non-refundable.

FORCE MAJEURE:

1.1 If THE PHOTOGRAPHER cannot perform or believes they may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic , action of any governmental authority (Governmental Order), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to THE PHOTOGRAPHER'S illness or injury, whether or not foreseeable (“Force Majeure Event”), then THE PHOTOGRAPHER will give notice to THE CLIENT as soon as reasonably practicable after THE PHOTOGRAPHER determines that a Force Majeure Event will or may prevent THE PHOTOGRAPHER from performing under this Agreement. THE PHOTOGRAPHER shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but may, in THE PHOTOGRAPHER’S discretion, work with THE CLIENT to find an alternative date for the Event that is suitable to both THE CLIENT and THE PHOTOGRAPHER. To the extent the Parties cannot agree on a suitable replacement date consistent with THE PHOTOGRAPHER'S availability, THE PHOTOGRAPHER may also, in its sole discretion, refund fees paid to THE PHOTOGRAPHER under the Agreement, less any amounts necessary to cover expenses and work already performed by THE PHOTOGRAPHER related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, THE PHOTOGRAPHER shall have no additional liability to THE CLIENT with respect to this Agreement beyond that described in this Section and below.

1.2 In the case of a Force Majeure Event that impacts THE PHOTOGRAPHER individually, but does not otherwise impact the Event, including, but not limited to, illness, injury, or quarantine due to Governmental Orders, THE PHOTOGRAPHER shall make reasonable efforts to reschedule and find an alternative date that works for both THE CLIENT and THE PHOTOGRAPHER.

1.3 THE CLIENT understands that THE PHOTOGRAPHER works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). THE CLIENT further understands and agrees that THE PHOTOGRAPHER shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or THE PHOTOGRAPHER'S participation in the Event would violate a Governmental Order. THE CLIENT also understands and agrees that THE PHOTOGRAPHER'S is not obligated to continue to perform under this Agreement if THE PHOTOGRAPHER'S personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of any attendee(s) of the Event.

TIME COVERAGE:

THE PHOTOGRAPHER will arrive at the agreed upon time and will stay for the agreed duration of the event listed on the invoice. THE PHOTOGRAPHER is not required to stay past the agreed upon end time. Additional time can be purchased at $150+HST/30 minutes. THE PHOTOGRAPHER has the right to decline for staying additional time in their sole discretion.

PRINTS, DIGITAL DOWNLOADS, ONLINE GALLERY EXPIRATION/RE-UPLOAD FEES:

The images will be delivered via link to our online gallery by email, where all the photos in the gallery will be available for download at no extra cost in high resolution. The online gallery will be available for 3 months after the delivery and it is THE CLIENT's responsibility to back up and archive all images from the gallery. In the event that THE CLIENT requests for the gallery to be re-uploaded after the 3 month period, there will be a re-upload fee of $75+HST. The photos will be ready and delivered within 7 days of the event.

PERSONAL USE LICENSE 

It is important to note when purchasing an image that THE CLIENT is purchasing a license to use the image. Copyright remains with THE PHOTOGRAPHER. Here are the terms of your personal use license:

THE PHOTOGRAPHER grants THE CLIENT a non-exclusive perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, "Media,") subject to the following restrictions:

• This license is for personal use only. Personal use means non-commercial use of the Media for display on personal websites and computers, or making image prints or video copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising. The Media may not be resold, relicensed, or sub-licensed. Uses for self-promotion such as a professional profile image (e.g. Linked In) is prohibited without an additional license. 

• Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with THE PHOTOGRAPHER.

• There are no warranties, express or implied. The Media are provided 'as is.'

• THE PHOTOGRAPHER will not be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media.