TERMS & CONDITIONS
Deposit: A non-refundable deposit will be required to secure the booking. This amount is 25% of the total cost of the service booked.
Definitions: “The Photographer” means Cynthia Summers, trading as Cynthia Summers Photography or CSP. “The Client” means any person, body of persons, firm or company with whom the Photographer enters into a contract for the sale of goods or provisions of services by the Photographer.
Photo Storage: Please download photos as soon as you receive the link as we recycle (auto-purge) our storage every 90 days and are not responsible for cold-storing any past photography projects.
Rates/Pricing Disclaimer: Any additional Travel Fees, Permit Fees, or/and other costs associated/incurred to complete the photo shoot will be invoiced at project completion and be subject to the Photography Licensing Agreement.
Release: Unless otherwise agreed to, The Client hereby assigns Cynthia Summers Photography the irrevocable and unrestricted right to use and publish final, Client-selected photographs of the Client, for editorial, advertising, educational and any other purpose and in any medium and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
Minors: Bookings for photography shoots must be made by persons aged 18 or over. All subjects aged 17 or under must be accompanied and supervised at all times by a parent or legal guardian.
PHOTOGRAPHY LICENSING AGREEMENT
This Photography Licensing Agreement (the “AGREEMENT”) is effective from the booking date, between Cynthia Summers Photography (“PHOTOGRAPHER”) and the Client (“CLIENT”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Scope of this Agreement: This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by the Photographer and delivered to the Client (collectively known as “PHOTOS”) for the Project (“PROJECT”). This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.
Rights: All Photos and rights relating to them, including copyright and ownership rights remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the Project. Photos used for any purpose not directly related to the Project including resale must be with the express permission of Photographer and the payment of additional fees paid, unless otherwise agreed to in writing. Photos MUST NOT be re-edited, modified, reproduced, re-distributed to any other channels or used by other photography firms, retail outlets unless express consent is given by the Photographer. Any photos found to be used by other agents, companies, photographers or retail outlets will be prosecuted under Canadian Copyright Laws.
At no time, does this Agreement provide the Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute.
Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the Client are contractual in nature and are expressly defined by this Agreement.
Creation: The manner, styling and method of creating any Photographs is solely at the discretion of Photographer and the Client has no right to control Photographer’s manner, styling and method of performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client’s specifications/requirements; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
Delivery: Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer within two (2) business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit or 3) in RAW format. Photographer has no obligation to retain or archive any Photos delivered to Client beyond thirty (30) calendar days.
Fees: All fees and expenses payable under this agreement are required a) at the time of booking OR/AND b) upon receipt of an invoice payable irrespective of whether the Client makes actual use of the Photos. If Client has a saved credit card on file, it will automatically be charged at the time of invoicing OR on agreed terms. If full payment has not been received within fifteen (15) calendar days of photo delivery a) the Photographer reserves the right of refusal of further photo shoots until the outstanding balance is paid AND b) interest will be applied to the outstanding balance of 3% monthly until paid and all rights may be revoked at the Photographer’s discretion. In the event rights are revoked, all images in the possession of Client must be removed from all forms of media and permanently destroyed immediately. Client shall provide Photographer with written statement that all images have been removed and destroyed. Any outstanding balance of fees or expenses after 60 calendar days will be handed over to our legal representative for collection processing.
Cancellation: Client can cancel up to 24-hours prior without penalty. If Client cancels within 24-hours, Client is responsible for 100% of the fee and any expenses incurred. In the case of illness or inclement weather where it places either photographer/equipment in danger of getting to/or completing the shoot, the photographer has the right to reschedule to the next available date and time without penalty. Cancellation fee waived for Client rescheduling due to illness or inclement weather same-day up to 2 hours prior to shoot time. If the Client doesn't cancel/reschedule, the photographer will arrive on location and shoot the project and bill it as a regular shoot.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide photography and design services to others, solicit other clients and otherwise advertise the services offered by Photographer.
Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model releases or park permits and ensure they are effective in nature.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the Province of Ontario. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in St. Catharines, Ontario and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy. By hiring Cynthia Summers Photography, you agree to all the conditions and terms outlined in this licensing agreement and release Cynthia Summers Photography and all of its employees, associates, agents, parent companies, affiliates, and subsidiaries from any legal actions.