Terms of Service
We are very thrilled that you have shown interest in our operation and services.
This agreement(the "Terms") is between Mfonirii Studios (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
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Scope of work
This contract is for services and products associated with photography that are provided by our team at a specific time and date as booked. We will include the following services: pre-event photoshoot, portrait and lifestyle photography, in-event photography, and photo editing and printing as discussed between the client and the photographer.
2. Objectives & Timeline
The goal is to provide photos according to the service package selected by the client prior to the contract. The photographer will endeavor to deliver digital files as quickly as possible usually within the 2-4 week window. However this could take up to 6-8 weeks during busy periods.
3. Services, Coverage and Session Terms
The contract is for services and products related to a photography shoot that will take place at the following time and date as booked. The photographer agrees to provide no fewer than photos for the client as discussed and is not required more than this number of images. The photographer will perform basic post-processing or digital image editing services on these photos where artistically necessary.
Sessions will be conducted at a location agreed upon by the photographer and Client.
The photographer will not trespass or use any property/locations that is considered unlawful to do so. The photographer is bound by any rules stated for the property or location. If the Client wishes to shoot on private property it is the Client's sole responsibility to get authorization from the owner of the property.
The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.
No other photographers/videographers are allowed during the session unless agreed to in writing by the Photographer. Client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official and staff in charge. The area from which the photographer is able to cover the ceremony/event may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
4. Termination
The Photographer may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
5. Deposit Required
The client will pay a 65% non-refundable retainer fee, as presented in the pricing section upon booking to hold your session date and this retainer fee is non-refundable. This fee however secures your photo session. The remaining balance will be due and should be paid in full 24hrs before the shoot date or on before the shoot commences. All payments will be electronically paid or bank transferred unless agreed otherwise.
6. Usage Rights and Ownership
Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation .
Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
The term of license begins from the date Photographer receives full payment of invoice and upon delivery of images.
Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.
The use of any Image(s) by Client will not constitute a work of joint authorship.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.
7. Cancelation Policy
We understand that sometimes life happens, unexpected delays can occur and time changes. When you book your appointment, you reserve a space on our calendar that is no longer available to our other clients. In an event where you have no control and would like to cancel or reschedule, in order to be respectful of the services we provide please do contact us as soon as possible. If you cancel your retainer is forfeited as it is non-refundable, but if you wish to amend your booking with at least a 72 hour notice your retainer fee may be credited to a future session upon the photographers approval.
No-shows: A no-show is when a client/model misses an appointment without canceling, In either case:
being 15 mins late determines a NO SHOW and automatically cancels your appointment with no REFUNDS.
8. Payments
Time is of the essence for receipt of full payment under this Agreement.
NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES. UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.
Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment. Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
The Photographer will not commence with any image retouching on finalized images until all payments are made. Full payment of the service package must be paid in full 24hrs hours before or on the set day of your shoot.
9. Photographic integrity and Alterations
The Photographer will not deliver images that have not been professionally retouched/edited to high standards and our unique style. Upon agreement, once your private gallery has been issued, image selection must be finalized within 10 business days. We value your business and understand you can also be creative if given a chance too but to keep our services consistent, understand that so much time goes into the creative and curating process of every image and the Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer.
10. Credit Guidelines and Copyright Notice
Placement of photo credits or copyright notice is required when posting the images on the internet. If photo credits or copyright notice is required but not actually provided, Client agrees to take down the images immediately and for image(s) with a commercial licenses the client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or photo credit.
11. Archiving Digital Files
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by, or on behalf of the Client that contain any Image(s) will be archived within 30 days after delivery.
Any requests for the photographer to reproduce images that were already delivered will incur a $100 processing fee.
12. Failure to Perform
If Photographer is unable to supply the photographic services agreed upon due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer of equal quality to fulfill this obligation. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
13. Contact Us
We welcome your questions or comments regarding these Terms. Please direct your questions and comments to our contact information below:
Mfonirii Studios,
Halifax, Nova Scotia
Email Address:
info@mfonirii.ca
14. Acceptance of Terms
Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of the Canada and the province of Nova Scotia, and for all purposes will be interpreted in its entirety in accordance with these laws. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.