This agreement is between Diamond Studio Photography, hereinafter referred to as the “Photographer”, operating in Canada, Ontario, and the signers of this photography agreement, hereinafter referred to as the “Client”, collectively referred to as the “Parties”.
The acceptance of the booking is based on agreement by the client of the terms and conditions stated herein.
By booking with Diamond Studio Photography, you enter into a contract and have therefore agreed to abide by the terms and conditions.
Agreement Overview:
This agreement contains the entire understanding between the Photographer and the Clie nt. It supersedes all prior and simultaneous agreements between the Parties. 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.
Payment and Booking:
A 50% deposit is required at the time when booking to insure your photo session and it’s not returnable except in the event of Photographer cancelling the booking. No date is reserved until a retainer is received. The balance of the complete package 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 said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order. Once agreed upon a final session date, you may reschedule your session up to 7 days prior to your shoot if required. After this a $40.00 rebooking fee will be charged.
The Photographer must be notified immediately of any changes in schedule or location, at least one week 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 the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as
listed, you must notify the Photographer.
The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
Please note: If Client and/or associated party is less then 15 minutes late, the shoot will be cut short by the corresponding amount of time. If Client and/or associated party is more then 15 minutes late, the shoot will be rescheduled and an additional fee of $40 will be due prior to the start of the rescheduled session. Or if there are no bookings after and the Photographer can prolong the photo session, the Client may stay for a fee of $20 for each 30 minutes. Extenuating circumstances (such as a car accident) will be taken into consideration.
For the Newborn Photography Sessions only: Due to the uncertain prediction of an exact arrival day of your baby, certain flexibility for booking the newborn session will apply. An initial date within the first 7 days of your due date is to be pencil-booked in, however, this is subject to change depending on the exact date of birth.
Cancellation:
There shall be no refund of retainer after booking and the reservation of the photography date. If the event is cancelled within one week 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 via email even if a phone call was made to inform the Photographer of the cancellation.
Sickness:
We understand that this is unpredictable and anyone can fall ill at any time. In the event of sickness prior to the session, the Client agrees to make every possible effort to inform the Photographer no later than 2 hours prior to the start time of the photography session. The session can be transferred to a new date, which will be at the convenience of both parties. Photographer has the right to reschedule due to any existing commitments. The client cannot come sick in the studio or bring sick kids because the illness might be contagious (virus, flu etc).
Waiting Time and Delivery:
Each selected image is individually processed and edited so the waiting time is between 2-8 weeks. When the photos will be ready, they will be provided to the Client on a USB flash drive or sent by email if client wish so. The images will be saved as .tiff digital files, that way the quality of images will be the best. If the Client wishes the digital files to be saved in .jpeg, the Client should mention that to the Photographer before or at the time of shooting. The Client understands that .jpeg files will be compressed and will loose in quality because of that. The Photographer will not be responsible for any quality loose.
Though many images will be recorded, any image with closed eyes, motion blur, or that does not meet Photographer’s quality standards will not be shown. Photographer chooses to show only the best images for purchase consideration.
The minimum number of images depends on chosen package. Your images will be high resolution (and low resolution with photographer’s watermark) digital images.
Please note, if a child or a baby is uncooperative / too active / crying etc it might happen that the Client will receive less images than indicated in chosen package. The Photographer is not responsible for that and no refund will be issued in that case.
For Events and Candide Photography: The number of images may vary from 10 to 30+ per hour due to the movement of people.
The Client is responsible to pick up such orders as USB sticks, prints, canvas, invitations, cards etc at the studio, even if prints are complimentary gifts.
Due to the custom nature of photographic products, all sales are final.
Post Production:
The editing styles, effects and overall look of the images are left to the discretion of the Photographer. The fully edited images are edited in Photoshop and Lightroom at the Photographer’s taste and creative vision. Due to this fact the persons on the photographs might look slightly different than in reality. If the Client wishes the photos to be only slightly retouched the client should mention that to the photographer before or at the time of photo shoot, not later. Because there will be made no changes to the already edited photos.
The Client needs to make sure that he saw the Photographer’s works and liked them. Due to the different tastes of people the Client might not like the results. The Client is not allowed to leave bad reviews or say bad things about the Photographer if that is the only reason.
In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 30% discount from the original session fee. Client will obtain digital copies from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to camera or data storage failure, Photographer will reshoot at no additional charge. No refund will be issued in the case of technical failure.
Photographer will not give out any unedited RAW files.
Reshoots (due to weather, etc.) are determined at the discretion of Photographer. If a reshoot is deemed necessary, it is to take place within (30) days of the original session date, at the same location, and will last no longer than (30) min to get the necessary images to fill your gallery. Re-shoots will not be given for poor choices of clothing, make-up, hair, etc., or by not following the recommendations of Photographer or not cooperating. For newborns and babies – there might be a reshoot arranged if the baby is uncooperative for additional fee of $100. If there are not enough images in your gallery because of the uncooperative baby, the photographer will let you know and you will decide if you want a reshoot for an additional fee of $100 as mentioned above. Reshoots for babies may last up to 2 hours for a newborn and up to 1 hour for older babies. Themed mini sessions can not be validated for reshoots do to their specific themes and nature.
Exclusive Photographer:
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 Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
For the photo session that is being held in the studio: the Client should bring only the people being photographed at the session. The Client understands that no any other than Photograph’s camera, camcorder or recording device might be used during the photo session.
Expenses:
Travel expenses such as parking 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.
Force Majeure:
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.
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.
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. A fee of 5% (credit card processing fee) will be added to your bill for online payments.
Indemnification:
The Client hereby agrees to protect, defend, indemnify, and hold harmless the Photographer from and against any and all claims, losses, liabilities, settlements, expenses, and damages, including legal fees and costs (all referred to collectively as “Claims”), which Photographer may suffer or to which (he/she/it) may be subjected for any reason, even if attributable to negligence on the part of Photographer or any other entity, arising out of or related to any act, omission, or occurrence in connection with the creation, production, or use of any image or the performance of any service relating to this Agreement or its subject matter. This provision shall apply to Claims of every sort and nature, whether based on tort, strict liability, personal injury, property damage, contract, defamation, privacy rights, publicity rights, copyrights, or otherwise. The Client assumes all risks, and (his/her/its) obligations under this provision shall survive the performance, termination, or cancellation of this Agreement.
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. Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
Safety:
The Photographer reserves the right to terminate coverage and leave the location of the EVENT(S) if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer is in question.
Copyright:
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, website, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio and any other things. The images are property of Diamond Studio Photography. The Client can’t resell the photographs which are the property of Diamond Studio Photography.
Client understands that when sharing photos with someone the watermark should be visible, when publishing photos on websites, i.e. personal website, Facebook,Instagram etc., client will not edit the photos in any way, i.e. editing the watermark, cropping, filters, etc. The watermark should be visible anytime, anywhere, unless on prints, displays, arts etc. that are used for personal usage only.
By doing otherwise you are devaluating my work as an artist. Fines will start at $50,000 for copyright infringement.
