Contract of Services
REQUESTED PHOTOGRAPHS
Tracey Sanders Photography will strive to honour all photographs requested and agreed to in your service agreement. We cannot be responsible for the unpredictability of the weather. Also, due to the willingness or availability of subjects, it may not be possible to capture all the images as requested.
PAYMENT
A non-refundable deposit of 50% is required to confirm your date. This amount will be deducted from the total price of your package. No dates will be held/booked until the deposit is paid. Payment of the deposit will confirm your agreement to these Terms and Conditions. No review of images will be released or delivered without payment being made in full.
MATCH TO ORIGINAL PHOTO
It is impossible to guarantee that the colours and detail of the image you see on your computer monitor will match exactly with the high resolution, high quality images seen on my screen which has been optimized and calibrated for professional use. Also, the detail and colours in the printed images might be different from what you have seen on your screen when selecting photos. Therefore, it is important that you notify me if you have questions or concerns. Re-prints may cost extra.
CANCELLATION
Booking deposits are non-refundable. The client may cancel this contract up to 7 calendar days of the shoot; however, in doing so the client shall forfeit the deposit. Where this contract is cancelled in less than 7 days prior to the shoot then Tracey Sanders Photography is entitled to full payment. In the highly unlikely event that Tracey Sanders Photography cancels an appointment a refund of all payments shall be made in full. Tracey Sanders Photography liability for compensation in the event of negligent cancellation is limited to the monies paid by you to Tracey Sanders Photography at the time of cancellation. For team and related group and event photography; late arrivals will be charged the full price for their shoot but cannot guarantee a full shoot time.
REFUNDS AND RETURNS
In accordance with the accepted practices of professional photographers and photographic laboratories, the return of any technically acceptable photographs or prints or demands for refund or refusal to settle charges cannot be accepted on principle. Prints with technical flaws from the lab or our studio will be replaced at no charge to you. Re-prints may cost extra.
LIABILITY
In the unlikely event of total photographic failure of any sort or cancellation of this contract by Tracey Sanders Photography, liability shall be limited to a total refund of monies paid. The liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
The photographer may offer to retake, free of charge within (one month) a reasonable selection of photographs at a time reasonable and convenient to both parties at and as close to the original venue (s) but shall not be liable for consequential loss however arising from and including but not limited to the unavailability of subjects or venues or the provision of clothing, flowers, vehicles or for weather, unforeseeable circumstances or other matters beyond the control of the photographer.
It is always recommended that individuals, businesses and organizations talk to their insurance company to obtain coverage for their event.
IMAGE QUALITY/ PHOTOGRAPHS SENT BY EMAIL
Sending images over email/USB will not guarantee true image quality when viewed on any PC or Macintosh monitors including TV’s, mobile and other electronic devices. Tracey Sanders Photography cannot entertain complaints about image quality over which Tracey Sanders Photography does not have control. The time each image takes to download is dependent on its size and Tracey Sanders Photography reserves the right to reduce the quality slightly to make image transfer more manageable.
High quality images are provided to the printer and for final photos dependent upon the intended end use.
CHANGES TO TERMS AND CONDITIONS
Tracey Sanders Photography reserves the right to change these Terms and Conditions without notice at any time. However, these changes do not effect projects in progress without prior approval from the client.
COMPLAINTS
The client should raise any complaints with Tracey Sanders Photography in writing within 21 days of the client’s photos being received.
COPYRIGHT
Tracey Sanders Photography retains full, unlimited, world-wide copyright on all photographs taken and supplied. The photographs are solely for personal display purposes unless otherwise stipulated in your agreement. The new Canadian Copyright Act (Bill C-11, in force since November 2012). assigns the copyright of all images to the photographer. It is illegal to copy these images or allow them to be copied by any means. The photographer reserves the right to use any photographs for display, exhibition, competition or advertising including for use on social media sites. For example; Facebook, Flickr, Twitter and Instagram. If the client purchases photographs as digital files, it is agreed that they may only be used or copied for personal purposes and they may not be used, copied or sold for commercial purposes or for profit without the prior written consent of the photographer who asserts copyright in all photographs or as stated in your signed agreement.
LICENSE
The Photographer/s shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer/s judgement regarding the locations/poses and number of images taken shall be deemed correct.
GOVERNING LAW
This Contract shall be governed by the laws of Canada and the province of Ontario.
