Me Photography - Photography Agreement:
Congratulations, you have requested Me Photography to photograph an assignment! Please review the agreement's contents below and select the check box at the end to signify agreement to the terms and conditions.
1. USE REQUESTED:
- This agreement can be used for a one-time photographic event, or multiple photographic events - as agreed upon by Client and Me Photography.
- Personal use of images only (i.e. images cannot be sold or used to obtain funds by the Client). Me Photography holds the sole right to use the images for promotional purposes.
- These rights must be agreed upon in whole and no additional usage rights are granted.
- Because Me Photography’s services are completely customized to the Client’s needs and goals the fees for each service can differ. Please refer to your consultation quote or session detail informaiton for your specific fee arrangement and product inclusion.
- All services and products are subject to HST.
- In the event of any image usage infringement by Client to Me Photography - Me Photography and Client agree that each photograph has an agreed upon value of no less than $2000.00.
- All images and media (e.g. videos) created by Me Photography, under Canadian Copyright Law, belong to Me Photography as the sole rights owner. As such, images are not permitted to be further edited or processed (i.e. cropped, elements removed, or changes in appearance, etc.), and images are not permitted to be sold or used commercially by the Client. Because of their nature of use - event and headshot images can be commercially used. Commerical usage does require explicit written permission by Me Photography to do so.
- Me Photography holds the sole right to transfer (at their discretion) partial rights of selected images on to the Client (thereby becoming joint owners of certain rights), however in doing so the Client must acknowledge Me Photography as the image taker in written form for any image that they display (excluding any images that are printed and are used for personal display). Me Photography, at their discretion, will transfer over archiving rights and personal (non-commercial) printing rights to the Client.
TERMS AND CONDITIONS
- “Client” refers to the commissioning party or company named above, its representatives, successors, assigns, agents, and affiliates.
- “Me Photography” refers to those receiving payment for the purposes of image taking.
- Session and product purchase fees are due within 30 days of order date. A 5% late payment charge will be applied to any invoices that are unpaid after 30 days, and are subject to additional late fees for each subsequent 30 days thereafter.
C. Digital Files (if purchased)
- Me Photography is not responsible for any digital images once a copy of an image has been given to the Client. While Me Photography does store copies (final processed versions, not the original RAW file images) for up to 5 years, this is a courtesy service and should not be relied upon as a sole measure of image back up by the Clients. Me Photography holds a copy of the processed images as a singular point of back up for the Client, for sole use in promotion/advertising, and to expedite any product orders that may occur during that 5 year time period. Me Photography strongly recommends that the Client make additional back-up copies of their images once they receive them, if purchased.
- Image files that are digitally shared with Clients will be presented in .JPG format only (full resolution and a second smaller copy) unless mutually agreed upon by Me Photography and Client prior to the photographic session. Me Photography typically shoots in .RAW format, but at no point in time will the .RAW image files be shared.
D. Copyright Protection/Credit Line:
- A credit line in the form of “Image taken by Me Photography © Year” (e.g. Image taken by Me Photography © 2013) is required for all image usage on the internet (e.g. Facebook, etc.). The size of font used for this credit line must be of the same size as similar text size already being used and of the same colour. Me Photography holds the right to request any of the following should this be infringed upon: a) Request that the credit line be added, b) Request that the image be removed from its source, or c) Request reimbursement of the image value for its usage (see section 3)
- Client indemnifies Me Photography harmless against any and all liabilities, claims, and expenses (including legal fees), arising from the Client’s use of Me Photography’s work.
F. Loss or Damage:
- Me Photography takes measures to keep image files safe (i.e. usage of multiple memory cards for longer events, at least two digital copies are kept at Me Photography’s office), however accidents, acts of mother nature and equipment failure can occur. Me Photography will not be held responsible for any loss or damage to image files that may occur between the time of the photographic event and the presentation of images/products to the Client. Me Photography holds the rights, and discretion, to return any and all of the Client’s fees back to the Client should this occur and the Client not wish to do a re-shoot (see “J” for further details).
- In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Me Photography’s costs and expenses incurred in connection with enforcement of the terms of this agreement, including any legal fees.
- Me Photography is not responsible for obtaining model, property permits, or other releases in connection with any images taken, nor the costs incurred to do so.
- Clients may not assign or transfer this license. No alterations can be made without express written consent of Me Photography.
- Any information, or any agreed upon changes shared between Me Photography and the Client via email, text, phone, will be considered an addendum to this agreement.
- Typically family and engagement images will be edited and presented (in digital review form) back to Client within 14 days (2 weeks) of the photographic event, unless a third party is employed. Typically headshot and event images will be edited and presented within 48 hours. Typically wedding images will be edited and presented (in digital form) back to Client within 60 days (8 weeks) of the photographic event. Product creation and delivery time is in addition to these typical time lines. Product availability and delivery times can not be guaranteed as Me Photography uses third party suppliers for product creation and is subject to their time lines. While these time lines are typical they are to be used as a guide only. Me Photography can not be held responsible, or subject to any repercussion, should these time lines not be met.
- Early image presentation (i.e. sneak peeks, etc.) is at the sole discretion of Me Photography.
- Client will be charged 100% fee and expenses for any re-shoot required by the Client.
- For any re-shoot required because of accident, or the fault of third party (e.g. equipment failure, etc.), Me Photography will not charge a re-shoot fee, however Client will pay any additional expenses that are incurred, or needed (e.g. permits, special insurance, travel costs, etc.).
- If a cancellation occurs by Client between 2-15 days of the scheduled photographic session date the Client agrees to pay Me Photography 33% of the quoted fee in its entirety for potential lost revenue.
- If a cancellation occurs by Client within 48 hours before the photographic event is to occur the Client agrees to pay 50% of the quoted fee in its entirety for potential lost revenue.
- Special (Weddings): Wedding service requires an engagement session and an engagement session fee of 25% of the total wedding fee cost. Me Photography holds the sole discretion to accept payment at the time of the engagement photographic session. If the engagement session is photographed (as part of a wedding package) and the wedding itself is not photographed by Me Photography (i.e. cancelled, postponed to a date that Me Photography is unavailable, etc.) then the engagement session fee already paid will be considered payment in full for the services already rendered (i.e. engagement session and images).
- Photography decisions are made by the sole artistic discretion of Me Photography. No images during the session can be guaranteed and Client acknowledges that Me Photography is using their artistic discretion to create images in accordance to their image style. Me Photography does not guarantee the quality of the images taken because style and presentation are subjective and, in addition, may be influenced by many factors beyond the control of Me Photography (especially during live events). It is understood that the Client is hiring Me Photography for their technical and artistic expertise and Me Photography reserves the right to edit images as they see fit.
- Me Photography can not be held responsible for the failure to appear/cooperation of key individuals during photographic sessions, or for any missed images because of this, or due to details not revealed to Me Photography.
- In the unlikely event that Me Photography cancels services (at any time) any funds paid by the Client for services not yet rendered will be returned in full. Me Photography will not be held legally responsible, or receive any repercussions, from the Client should this occur.
- Me Photography holds the sole right to make any changes to items in section K, without Client approval, if in financial favour of the Clients.
L. Governing Law
- This agreement shall be interpreted and governed by the laws of Canada, provincial legislation, and international conventions (e.g.. Intellectual Properties Rights, Canadian Copyright Law). This agreement is deemed a contract under the laws of Canada and the province of Ontario. Clients waive all rights to contest all court proceedings on the grounds of personal jurisdiction, venue and forum non-convenience, or other rules of conflict.