Conditions of Service
Effective date: February 06, 2020
The following contract is a legal service agreement between company “Viji Photography” and the “Client”. All aspects of the service are bound by the professional service standards within the province of Ontario. For clarity, Viji Photography is the sole service provider and the client is the recipient of the service. In order to fully address the specific legal requirements, contract agreement is divided into three categories. All such service types are Portrait Photography Contract, Event Photography Contract and Commercial Photography Contract. It is vital that both parties agree to the most appropriate contract that is available at the time of service consultation.
Coverage will begin at scheduled start date and time, then continue for the number of hours purchased, respectively.
Change of Date
The Photographer must be notified immediately of any changes in schedule or location, at least 72 hours prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is responsibility of the client to confirm all arrangements at least 7-10 days prior to the event. The Photographer will make every effort to contact the Client, but onus is on the client to contact the Photographer to confirm all matters.
A retainer fee of $150 is required for all sessions. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a deposit is received. The deposit shall be applied towards the total cost of the service to be rendered. The remaining balance of the event session price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend or photograph. Additional custom orders must be paid in full at the time of order.
There shall be no refund of deposit after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non- refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Safety and Security
The company reserves the right to terminate coverage and leave the location should the photographer experience inappropriate, threatening, hostile or offensive behavior from person(s) in relation to the client.
Possession of, and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer. If purchasing high resolution images on a flash drive, Clients will be given a written release to make personal copies of images from said flash drive. The client understands the images given cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
The client hereby assigns Viji Photography the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The client releases all claim to profits that may arise from use of images.
Images are edited at the discretion of the photographer and delivered copies may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the artistic standards of the photographer.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
There are several factors contribute to the length of time it takes to finish post production. Most image processing works are completed and delivered within eight (8) weeks from the date of event. If you require the images to be completed prior, a rush edit fee of $150.00 (CAD) will be applied.
Warranty of Longevity
Photographer does not warrant the longevity in quality of any digital media files delivered to Client. Client bears the sole responsibility for backing up, archiving, and maintaining the integrity of the files.
This Agreement shall be construed according to the laws of the province of Ontario. Client acknowledges that this Agreement was entered into in the city of Toronto and that at least a substantial portion of this Agreement will be performed in Ontario and any legal action related to this Agreement is in the Superior Courts of the said province.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles.
The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced.
The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
The photographer is limited by the rules and guidelines of the location and site management. The client agrees to accept the technical results of their imposition on the company. Negotiation with the officials for moderation of guidelines is the sole responsibility of the client; the company will offer technical recommendations only. The client is responsible for acquiring all permits and necessary permission for all locations on where the service will be performed. Clients are responsible for all location fees and permits.
A light meal is required for events up to 6 hours for the Photographer. For events up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that the Photographer will leave the event to purchase a meal.
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Limits of Liability
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
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.
The Photographer and or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the duties of the photographer. Guests will be asked to refrain from taking flash photographs at certain intervals of the photoshoot to ensure proper exposure of images.
All commercial photography contracts are custom prepared to meet the specific needs of the project. All of the above conditions will apply and any additional conditions may be amended as required.
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. Agreement must be signed in prior to commencing the service. By signing the document, the service provider and recipient acknowledge entirety of terms and conditions for the service. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.