Retainer (Deposit) and Payment. The Client shall make a non-refundable retainer based on the session length and type ranging between $200 to $400 to the Photographer to perform the services specified herein. Upon payment, Photographer will confirm and reserve the time and date agreed upon by both parties exclusively for you. This payment can be completed online via credit card, paypal, and or e-transfer.
Cancellation. If Client cancels this agreement, or fails to show, this agreement, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the photography session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain.
Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, a re-scheduling fee of $100 along with the retainer shall be applied to reschedule the session if notice is given at least 24 hours prior to the scheduled event. Rescheduling must be made within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session, unless, due to arriving late, there is insufficient session time remaining (less than 66% of total studio time), in such a case the session must be rescheduled and a $100 rescheduling fee will be applied.
Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.
Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make image proofs available through a private access online gallery on the website www.alomia.ca. These proofs shall be available to the Client within 2-3 weeks after the completion of the session. A private proofing gallery shall remain accessable for 14 days from the day of delivery. If the Client requests to extend the time or re-open the online proofing gallery, a $50 data access / unarchival fee shall apply.
Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, social media marketing, sneak peeks, or for display within or on the Photographer’s website and/or studio as long as prior written consent is provided by the client. A separate release form will be provided to the Client to give the Photographer permission to publicly display images from the session therein. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer as to protect their copyright.
Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
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. All pricing is displayed within each order at the time the order is placed, no price adjustments can be applied once the order has been completed.
On Location, Travel and Overage Fees. In the event of on location photography sessions, the Client shall pay a flat on location fee of $250 if the designated location of the photography session is within 20km of the studio vicinity and an additional $2.50 per kilometer if more than 20km outside the postal code V3R 0R6.
Indemnification. 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.