By making this purchase, the Client agrees to the following terms and conditions
PHOTOGRAPHY SERVICES AGREEMENT:
This Photography Services Agreement (the “Agreement”), dated _THE DATE OF THE BOOKING RECEIPT_ (the “Effective Date”), is made by and between Dream Boudoir Purple Canvas Photography Inc. (hereafter known as “Company” or “Photographer”) and the Client_, (hereafter known as “Client”, and collectively, the “Parties”).
WHEREAS, the Photographer provides portrait photography session (“Services”); and
WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
SERVICES.
Company agrees to provide the Services on THE AGREED UPON DATE and Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Services.
PERFORMANCE OF SERVICES.
Photographer agrees to take photographs as per the Client’s stated requests, allowing for artistic expression of the Photographer. The Photographer agrees to use high technical quality to meet the Client’s needs for web or print. Photographer will provide the Client with samples within 6 weeks.
PAYMENT.
Client shall pay Photographer in full at least Full Cost of the Service prior to the session. This total shall include the Services only.
ADDITIONAL PHOTOS.
Should Client wish to purchase additional photos or packages, this shall be included on an additional order form attached to the contract. All sales are final. No refunds or exchanges. Purchase policy has been explained to the Client. Should the client avail the option of payment plans, two month and 6 month options are available. The Client must pay the amount in full before the products (digital or physical) are released. In the event of non-payment, any payments made to date will be non-refundable. No changes can be made to the payment plan once it goes into effect. Non-payment maybe subjected to credit bureau reporting.
CANCELLATION POLICY.
In the event that Client requests to reschedule a photography session, the payment shall be applied to the rescheduled date and time provided that the Client gives Photographer at least seven (7) days’ written notice of the intent to reschedule. The Client may only reschedule the photography session one (1) time at a date and time mutually agreed upon by the Parties and the session must be rescheduled within three (2) months of the date of the originally scheduled photography session.
The Photographer reserves the right to reschedule the photography session if needed due to illness, injury or inability to perform. In the event that the Photographer needs to reschedule the photographer session, the session shall be rescheduled within three (2) months of the date of the originally scheduled photography session. If the photography session cannot be rescheduled for a date within three (3) months of the originally scheduled photography session because of Photographer’s illness, injury or inability to perform, the Client will receive a full refund of the payment.
CANCELLATION POLICY.
In the event that the Client cancels the photography session but does not reschedule, the Client will not receive a refund.
TERMINATION.
The Photographer may terminate this Agreement for cause, including but not limited to non-payment. The Photographer may terminate the session and cancel the order without any refunds if the Client harasses the Photographer or her team. Non-professional language will not be tolerated and maybe subjected to criminal proceedings.
HAIR AND MAKEUP.
Any hair stylist and / or makeup artist provided by the Photographer shall be provided as an independent contractor. The Photographer shall not be held liable for allergic skin reactions related to the services provided by the hair stylist and / or makeup artist. If the Client has any known allergies, she should inform the hair stylist and / or makeup artist of those allergies. If the hair stylist and / or makeup artist provides services to the Client and the Client is dissatisfied with those services, she should inform the hair stylist and / or makeup artist of her dissatisfaction with the services promptly during the hair and / or makeup session. The Photographer will not grant a reshoot due to the Client’s dissatisfaction with her hair and / or makeup.
LOCATION DAMAGES.
Should the Client cause damage to the Photographers studio and / or materials, Client shall be responsible for replacing these items.
OFF-LOCATION PHOTOSHOOT.
In the event the Client requests that the photography session take place off the premises of the Photographer’s studio, the Client acknowledges that the Client is solely responsible for any travel or other costs or expenses incurred by the Photographer in connection with the performance of the Services. In no event shall the Photographer be financially responsible for any such costs or expenses.
CONSUMPTION OF ALCOHOL.
The Photographer does not permit the consumption of alcoholic beverages during the photography session or on the premises of the Photographer’s photography studio. The Client understands that the consumption of alcohol prior to and / or during the photography session may negatively impact the resulting portraits.
CREATIVE CONTROL.
The Photographer retains creative control of the photography session. Creative control includes but is not limited to adjustment of body posing, clothing, hair, jewelry or makeup.
ARTISTIC RIGHTS.
The Photographer retains the right of using discretion to select which portraits will be released to the Client. The Client shall receive a gallery of portraits to choose from, but the Client will not receive portraits the Photographer does not present to the Client. The Photographer reserves the right to adjust portraits in post-processing as the Photographer deems necessary and within creative control. The Client may request additional edits for an additional fee.
SCHEDULE FOR COMPLETION.
Photographer will provide Clients with its order within 6 weeks after the Client has approved the final images.
PHOTOSHOOT GUEST.
The Photographer shall allow Client only one female guest who is 18 years or older to the photography session.
INTELLECTUAL PROPERTY OWNERSHIP.
All intellectual property rights including but not limited to, copyrights, trademarks, services marks, know-how and other confidential information, trade dress, trade names, logos, corporate names, domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to all documents, work product and other materials that are delivered to Client under this Agreement or prepared by or on behalf of the Photographer in the course of performing the Services shall be owned by the Photographer.
MODEL RELEASE.
The Client grants the Photographer and her representatives and assigns, the irrevocable and unrestricted right to use and public photographs of me, or in which I may be included, for editorial, trade, advertising, and any other peruse and in any manner and medium; to alter the same without restriction and to copyright the same. I hereby release the Photographer and her legal representatives and assigns from all claims and liability relating to said photos. The Client may choose to grant the photographer permission to use from the session for portfolio and business reasons in a separate release.
IMAGE USE.
The Client acknowledges that all images purchased will be for her own personal use. These images shall not be used for advertisement or commercial use.
REORDERING OF IMAGES.
Photographer does not save all the images after the viewing and ordering session. Should Client wish to order more images, it must be done during the viewing and ordering session. After the delivery of the products and images ordered after the shoot at the viewing and ordering session, the Photographer is no longer responsible for storing the images. Client should back up all images in case of a late reorder.
INDEMNIFICATION.
Client agrees to indemnify and hold harmless Photographer, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Photographer, in writing.
LIMITATION OF LIABILITY.
IN NO EVENT WILL THE PHOTOGRAPHER OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER THIS AGREEMENT TO THE CLIENT OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE PHOTOGRAPHER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE PHOTOGRAPHERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE COST OF THE SERVICES.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to mediation. If this is unsuccessful, the dispute will be submitted to to the Canadian Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Toronto, Ontario. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
NON-DISPARAGEMENT.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.
FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Photography Services Agreement as of the date first indicated above.
