Terms of Service
These Terms of Service (the "terms of service") govern the use of www.photos4infinity.ca (the "Site"). This site is owned and operated by Photos 4 Infinity Photography. Unauthorized reproduction of this document in part or in full is prohibited without written consent.
By using this Site, you indicate that you have read and understand these Terms of Service and agree to abide by them at all times.
In cases where an additional agreement/contract is required (such as for commercial photography, wedding photography, etc.), that mutually signed and dated Agreement will prevail as the active agreement between The Photographer and The Client and may take precedence over these Terms of Service. If an item is not included in that Agreement, these terms will apply and apply to all services.
Definitions
Kelly Catley, operating as Photos 4 Infinity Photography may be referred to as “The Photographer”, “I”, “we”, “us”, and "our", throughout the Site.
"The Client" will be referred to any individual(s) who visit and/or use this site, who expresses interest, and/or who purchase products/services from The Photographer for these Terms of Service.
“Service” refers to any Client-requested task of The Photographer, which may include but is not limited to photography, editing, printing, keepsake creations, etc.
The Client being “Scheduled” or "Booked" refers to the request for services from The Photographer on a specific date or time. Being Booked or Scheduled occurs when both parties mutually agree upon a date and service, and may or may not require a non-refundable retainer for services or prepayment amount.
“Image(s)”, "Photos", and "Pictures" are defined as the photographic material that has been created by The Photographer, including any photographic material created by the photographer's employees or contractual representatives.
Canadian Copyright Law/International Copyright Law
As of 2012, the Canadian Copyright Act and the Copyright Modernization Act permits ownership of the copyright of all images created to the creator of those images. For the purpose of these Terms of Service, the creator would be The Photographer. Copyright will never be transferred from The Photographer to The Client; however, permission to use the photographs to print and share will be permitted. No Client will be able to use these photos to sell, to make money, and/or to enter into any photography contests.
Intellectual Property
All content published and made available on our Site is the property of Photos 4 Infinity Photography and the Site's creator, Kelly Catley. This includes, but not is limited to images, pictures, photographs, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Personal Usage: for those images released for personal usage, this allows The Client to print, reproduce, enlarge or share these images in a
personal/non-business related or commercial manner. Images may not be sold or published, and may not be given to third-party companies for usage. When shared online images must be credited to Photos 4 Infinity Photography.
Business Usage/Commercial Usage: for those images released for business usage or commercial usage, images may be shared for that company’s individual promotional purposes in digital, print, advertisement, etc. but may not be sold to third-parties. Image credit should be given when used online or in print whenever it is reasonable to do so, crediting Photos 4 Infinity Photography.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site. This includes any keepsakes purchased by The Client.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Photos 4 Infinity Photography and our directors, officers, agents, employees, subsidiaries, contract employees, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of this Site.
Indemnity
Except where prohibited by law, by using this Site, you indemnify and hold harmless Photos 4 Infinity Photography and our directors, officers, agents, employees, subsidiaries, contract employees, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms of Service.
Payments
Packages and fees on this Site are subject to change without notice and are provided as a guideline only. All fees and amounts will be confirmed prior to booking.
Weddings will be quoted individually and payment terms will be outlined in The Wedding Photography Contract provided upon booking. No dates are secure until a 25% non-refundable retainer has been received.
Full Payment Requirements:
Full payment for services must be completed on or before the service date for sessions and due at least 7 days before the Wedding date for wedding bookings. This can change based on the wedding session; however, no photos will be released (sneak peek or otherwise) until full payment is received. All quotes will be based at the current rate they are requested.
For services added on or after the initial service date, amounts for those services will be invoiced immediately and must be paid within 14 calendar days, or before images are delivered to The Client (whichever is earlier).
Acceptable forms of payment include cash or bank transfer. (Bank transfers can be made to p4iphotography@gmail.com). Credit card may be used but will be subject to a processing fee and handling fee of 2.4% of the invoice total and must be requested at the time of booking as per the Ontario Government guidelines. Service fees are non-refundable. All payment and rates are quoted in Canadian Dollars.
Invoices for services, when available, can be accessed electronically by saving the initial Invoice email from The Photographer. In the case of smaller sessions, such as families/lifestyle/mini-sessions/etc. the email communication with quotation for services and final total will take the place of the invoice.
Canadian Federal HST (13%) will be applied to all invoices, on top of listed rates unless otherwise specified if required.
Gift Certificates
Gift certificates may be purchased for any offered service. Gift certificates are valid for 1 year from the date of purchase unless otherwise specified. Gift certificates hold no cash value, and can only be redeemed for the type of service in which they were purchased.
Promotional codes cannot be used in conjunction with any other offer unless otherwise specified. Promotional codes expire according to the specific code.
Description of Services & Responsibilities of The Photographer
The Photographer will perform the photographer services requested and quoted in writing at the rate agreed-upon in writing on a mutually agreeable chosen date.
The Photographer operates as an independent contractor. The Photographer agrees to hold a minimum of $2 million when performing contracted services and to cover any damages arising from its negligence or willful misconduct in the carrying out of the services. The Photographer holds a license through the district in which The Photographer operates (Ontario). Any subcontractors hired by The Photographer agree to hold their own liability insurance and hold their own contractual agreements with The Photographer, and report to The Photographer at all times.
If total image loss occurs before delivery of any offered services (except wedding photography), the photographer will offer to re-shoot at no additional cost to the client at a mutually agreed upon date. Loss for event or wedding photography will be bound by the Wedding Photography Contract.
The Photographer’s total cumulative liability for all claims in relation to services rendered shall in no event exceed the feed actually paid by The Client.
The Photographer will to the best of their ability take shot lists and requests into consideration; however specific shots cannot be guaranteed due to the documentary nature of the event and limitations imposed by weather, lighting, guest behaviour, event timing issues, venue restrictions, equipment malfunction, etc. We will, to the best of our ability, capture all shots requested when possible. In hiring a photographer, The Client agrees that they are commissioning an artist who will exercise artistic control during the photographing and editing process. The Client agrees that they have reviewed The Photographer’s portfolio and they are commissioning them for their style and artistic eye.
Props
All photographs, poses and props used in photographing The Client and his/her wedding events are used at the discretion of The Client. The Photographer cannot be held liable under any circumstances for any damages that occur to wedding attire or decorations due to props, lighting, sparklers, smoke bombs, etc. The Client agrees to research these risks prior to using any props
Inclusivity
The Photographer is an inclusive photographer who works with clients of all faiths, ethnicities, genders, sexual orientation (LGBTQ+), and political beliefs. The Client recognizes that images from these inclusive groups may be shared online by The Photographer alongside images of The Client.
Exclusivity
The Client agrees that upon booking that The Photographer will be the sole and exclusive professional photographer retained for the services requested. The Client will take all necessary action to ensure The Photographer is not hindered in his/her abilities by other people, guests, vendors, videographers, or individuals to provide contracted services.
Image Alteration/Editing/Delivery
The client may not alter their images in any way, aside from a simple conversion to Black and White, or to crop the image for the purpose of framing/posting online. Editing the images after they have been delivered is prohibited without written consent. This includes but is not limited to application of filters, contrast or brightness adjustment, object removal, object additions.
The Photographer provides a base edit applied, including crop, straightening, colour, contrast, white balance, and artistic style in accordance with The Photographer’s portfolio. Basic blemish removal will be done to all images of The Client(s). Additional editing such as tan line removal, dirt removal, object/person removal or moves, liquify, body modifications will incur an additional charge on a per image basis which must be prepaid. If The Photographer feels the requested edits do not retain the realistic quality of the images, they may be declined by The Photographer and recommended to an outsourced editing company by The Client.
The Client acknowledges that weather, lighting, choice of venue, wind, and other circumstances outside of The Photographer’s control can dictate the final look of the photos and style of the gallery.
Images will be delivered in a reasonable timeframe based on current workload and in the order the photos were taken. This timeframe can vary depending on the season and session type. As a general guideline, general sessions are delivered within 2 weeks at a maximum. Weddings are generally delivered within 4 weeks. Delivery times may vary due to seasonal workload, and The Photographer will notify The Client if the delivery timeframe will differ from this or what is contracted in the Wedding Contract Agreement.
Images provided will be chosen based on The Photographer’s artistic opinion. Under no circumstances are RAW files provided to The Client for review or delivery.
Image Specifications: Images will be delivered in JPEG format in most cases, in high resolution and 300dpi. Images will be undergo lossless compression.
Once images are delivered to The Client in digital form and downloaded by the client, or after gallery expiration even if the images have not been downloaded, The Photographer is released from any liability for backup or storage of the images. Backup is the sole responsibility of The Client and The Photographer recommends backing up to a minimum of 2-3 different physical locations.
Requests for images after delivery will incur a $100 processing fee if the images are still available. Image storage cannot be guaranteed after delivery.
Responsibilities of The Client
The Client agrees that communication is key to any business relationship and agrees to provide adequate communication for The Photographer and his or her contracted employees to provide the above mentioned services. The Photographer cannot be held liable for lack of communication.
Location
All photographic sessions will be conducted on property/areas where it is legally allowed. The Photographer reserves the right to change locations to abide by these restrictions. If The Client chooses to have their session on private property, they must get authorization from the owner of that property. They assume all liability when it comes to damages to that property, and assume all risk associated with the choice of that location. Any fees associated with the use of private or commercial property including any required permits are the responsibility of The Client.
Safety
The Client agrees to provide a workplace/environment that is safe and free of hazards for The Photographer and any sub-contractors. Safety issues may include but are not limited to weather, public health or safety order, illegal drug usage, excessive alcohol consumption, physical conflict, verbal abuse, sexual harassment, etc. Should safety be at risk, The Photographer reserves the right to suspend services with immediate notice and refuse to carry out the services and/or vacate the premises. No refunds will be provided for services not rendered as a result of safety issues. Depending on the seriousness of the offence, legal action could occur at the cost of The Client.
Right to Refuse Service
The Photographer reserves the legal right to refuse services to anyone so long as it is not based on discrimination against a protected class. The Photographer may decline services due to not being the right personality fit for their business. Once an agreement has been signed and non-refundable retainer has been received, any refusal of service on the part of The Photographer or The Client will be considered a Cancellation and handled according to that agreement.
Cancellation/Rescheduling
All requests for cancellation/reschedule must be received in writing. The date and time of the notices receipt by The Photographer will apply when determining the cancellation/reschedule policies. These policies are outlined below:
Client Cancellation/Reschedule (NO Non-Refundable Retainer Paid):
If The Client did not pay a non-refundable retainer and cancels the booking of portrait services (excluding weddings) over 24 hours from the booking time/date, no penalties will apply. For cancellations within 24 hours, 25% of the final invoice total quoted to The Client will be invoiced as a late-cancellation fee and due within 14 days of the invoice date.
If The Client requests a reschedule of the booking of services over 24 hours from the booking time/date, The Photographer will attempt to find a mutually agreeable time frame for the rescheduled session. If a mutually agreed upon date cannot be found, it will be considered a cancellation and cancellation policy for NO non-refundable retainer will apply.
Client Cancellation/Reschedule (Non-Refundable Retainer Paid):
Bookings requiring a non-refundable retainer will be bound by the Session Agreement that accompanies the booking.
Photographer Cancellation/Reschedule:
Photographer cancellation or reschedule of bookings requiring a non-refundable retainer will be bound by the Agreement that accompanies the booking, or in lieu of an agreement, the specific written correspondence with The Photographer and The Client leading up to that session.
Photographer cancellation or reschedule when a non-refundable retainer has not been paid by The Client will occur at the mutual agreement of The Photographer and The Client. If a reschedule cannot be accommodated, both parties will be released from further responsibilities.
Applicable Law
These Terms of Service are governed by the laws of the Province of Ontario. Please contact us if you have any questions or concerns. Our contact details are as follows:
Phone: 705-796-3784
Email: p4iphotography@gmail.com
Changes to these Terms of Service
This Terms of Service may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users of these changes by posting a notice on our Site.
Data Collection/Privacy
All Data Collection is bound by our Privacy Policy which can be found here