Photographer Terms & Conditions

• Clients are required to review the complete Terms & Conditions and Privacy Policy before proceeding with a booking or payment. In the booking form, the required checkboxes must be selected to confirm that the Client has read, understood, and accepted these policies.
• Clients may select an available date and time through the online booking calendar on the Tatiana Che Photography website or through a booking link provided directly by the Photographer.
• Standard Sessions: A non-refundable retainer of 50% of the session fee is due via e-Transfer to tche.noir@gmail.com within 24 hours of booking. The remaining balance is due on the day of the session. The booking is secured only after the retainer has been received.
• Wedding Sessions: A non-refundable retainer of 50% of the selected wedding collection is due via e-Transfer to tche.noir@gmail.com within 24 hours of booking. The remaining balance is due on the wedding day. The wedding date is secured only after the retainer has been received.
• Mini Sessions: A non-refundable retainer of 50% of the session fee is due within 24 hours of booking. If the retainer is not received within 24 hours, the time slot will be released. The remaining balance is due on the day of the session.
• Taxes: All prices are in Canadian dollars and are subject to applicable HST unless explicitly stated otherwise.
• Cash Payments: Cash payments are accepted only if agreed upon in advance. Cash payments will be counted and confirmed by the Photographer and Client at the time payment is made.
• Payment Methods: Accepted payment methods are e-Transfer or cash. Any alternative payment method must be agreed upon with the Photographer in advance.
• Delivery: Final images will be delivered only after the full balance and any applicable additional charges have been paid.

If the Client needs to reschedule or cancel a session, the Photographer should be notified as soon as possible.
The retainer is non-refundable because it reserves a specific date and time for the Client, compensates the Photographer for booking preparation, and prevents the Photographer from accepting another booking for that time.

• Standard Sessions
  If the Client needs to reschedule a Standard Session, the retainer may be transferred to one new available date within three months of the original session date, subject to the Photographer’s availability.
  If the original session cannot take place, the retainer may be applied toward another photography service of equal or greater value within three months of the original session date, subject to the Photographer’s availability.
  Any difference in price must be paid by the Client.

• Wedding Sessions
  The wedding retainer reserves the Client’s specific wedding date and is non-refundable.
  If the wedding is rescheduled, the retainer may be transferred to the new wedding date provided that the Photographer is available.
  Rescheduled dates are subject to availability and may be subject to the Photographer’s current pricing if the new date falls within a different year or pricing period.
  If the Photographer is unavailable for the new wedding date, any alternative arrangement, transfer, or credit is subject to agreement between the Photographer and Client and applicable law.
  
  
• Mini Sessions
  Mini Sessions are non-refundable and non-transferable except where otherwise stated in the specific Mini Session details or where the Photographer reschedules the session.
  Where a backup date is provided, that date will serve as the designated rescheduling option.
  If the Client cannot attend the backup date, any credit or alternative arrangement is at the Photographer’s discretion unless otherwise stated in the specific Mini Session offer.
  
  
• Photographer Cancellation
  If the Photographer must cancel a photography service and is unable to provide the agreed service or a mutually acceptable alternative date, payments received for the affected service will be refunded.
  The Photographer is not responsible for unrelated expenses or financial losses incurred by the Client as a result of the cancellation, except where applicable law provides otherwise.
  
  
• Second Photographer – Cancellation Policy
  If a second photographer is booked as an add-on service, their availability is reserved specifically for the Client’s wedding or event.
  Once a second photographer has been confirmed, the second photographer fee is non-refundable.
  If the Client cancels or removes the second photographer after confirmation, the fee will not be refunded or credited.
  If the wedding or event is rescheduled, second photographer availability cannot be guaranteed and must be reconfirmed for the new date.
  If the originally confirmed second photographer is unavailable for the new date, the Photographer may arrange a suitable replacement where reasonably possible.

• Clients must arrive on time. Delays caused by the client may result in a shorter session, with no refund or extension. Rescheduling due to lateness is at the Photographer’s discretion.
• The session’s location, duration, and any special requests will be confirmed prior to the photoshoot.
• Special requests (outfits, locations, poses, larger groups, or creative concepts) should be communicated in advance. Such requests will be accommodated if feasible, but may not alter the agreed session structure or duration.
• Standard & Wedding Sessions: The duration of the session is based on the photography package selected prior to the event date. The selected package cannot be modified on the day of the session. Any additional time requested beyond the originally booked coverage will be treated as overtime and billed at the Photographer’s standard overtime rate, subject to the Photographer’s availability. Any portion of an additional hour will be billed as a full hour.
• Mini Sessions: Session time is fixed and cannot be extended.
• Second Photographer Coverage: If a second photographer is added to the session, their coverage duration, presence, and role must be discussed and confirmed in advance. Second photographer services are considered an add-on and are not included in the base package unless explicitly stated in writing.
  The Photographer reserves the right to determine availability and scheduling based on the overall event timeline.

• If the Client requires additional photography coverage beyond the originally selected package on the day of the event, such additional time will be billed as overtime. Overtime is charged at a fixed hourly rate, regardless of the package originally selected.
• Overtime is calculated in full-hour increments and begins immediately after the scheduled coverage end time. Any overtime charges will be invoiced after the event.
• Overtime coverage applies to the Photographer only, unless otherwise agreed upon in writing. Overtime for a second photographer is subject to availability and must be approved separately.

• The Photographer is responsible for the professional curation and selection of photographs from each photography service.

  For Mini Sessions and Standard Sessions where a package includes a specific number of photographs, the Photographer may provide a private online proofing gallery from which the Client can select the number of photographs included in the package. Additional photographs may be purchased separately where offered.

  For Wedding and Event Sessions, the Photographer selects the photographs that best represent the event and delivers the professionally edited final collection. Client selection through a proofing gallery is not required unless otherwise agreed in writing.

  Online galleries remain active for 3 months from the delivery date. After this period, galleries and files may be removed without further notice. Clients are responsible for downloading and safely storing their photographs during this period.

  • Mini Sessions: Final edited photographs, including any additional purchased images, will normally be delivered within 2 weeks of the session.
  • Standard Sessions: Final edited photographs will normally be delivered within 2 weeks of the session.
  • Event Sessions: Final edited photographs will normally be delivered within 2 weeks of the event.
  • Wedding Sessions: Final edited photographs will normally be delivered within up to 2 months of the wedding.

     

    The Photographer does not provide RAW or unedited files.

    The Photographer retains final creative control over image selection, editing style, colour treatment, cropping, and other artistic decisions necessary to maintain the Photographer’s artistic style and consistency.

   

Copyright in all photographs created by Tatiana Che Photography remains with the Photographer unless otherwise agreed in writing.

The Client receives a non-transferable licence to use the delivered photographs for personal, non-commercial purposes.

Personal use includes:

• Printing photographs for personal use
• Sharing photographs with family and friends
• Displaying photographs in private spaces
• Sharing photographs on personal social media accounts

The Client may not sell, license, commercially distribute, use for advertising, or otherwise use the photographs for commercial purposes without the Photographer’s prior written permission.

The Client may not materially edit, alter, apply filters to, or otherwise modify the delivered photographs in a way that changes or misrepresents the Photographer’s finished work. Requests for additional editing should be discussed directly with the Photographer.

Photo credit to Tatiana Che Photography is appreciated when photographs are shared publicly.

Where a copyright notice or watermark is included on an image, it may not be removed or altered without the Photographer’s permission.

The personal-use licence granted to the Client does not transfer copyright or ownership of the photographs.

By booking a photography service and accepting these Terms & Conditions, the Client grants Tatiana Che Photography permission to use photographs created during the session for the Photographer’s portfolio, website, social media, advertising, publications, and other promotional or marketing purposes, unless the Client requests otherwise in writing.

Clients who do not wish to have their photographs used for these purposes may notify Tatiana Che Photography in writing at any time, either before or after booking.

Choosing not to permit promotional use of photographs will not affect the Client’s ability to book or receive photography services.

Requests received before photographs are published will be respected.

Requests received after publication will apply to future use. Existing photographs on the Photographer’s website or social media will be removed where reasonably and technically feasible.

Withdrawal of permission does not affect uses, publications, advertisements, printed materials, or other promotional activities that occurred before the Photographer received the request.

The Photographer will not knowingly use client photographs in a misleading, defamatory, unlawful, or otherwise inappropriate manner.

Personal information associated with photographs will be handled in accordance with the Tatiana Che Photography Privacy Policy and applicable privacy law.

Standard editing is included with all photography packages and may include adjustments to colour, exposure, lighting balance, cropping, and minor skin retouching.

Requests for editing beyond the Photographer’s standard editing process — including extensive skin retouching, body reshaping, background replacement, removal of significant objects, or other substantial alterations — may be considered upon request and may incur an additional fee.

The Photographer does not provide RAW or unedited files.

The Photographer retains final creative control over editing style in order to maintain artistic consistency with the Photographer’s portfolio and body of work.

Refunds are not available solely because of subjective preferences regarding the Photographer’s established artistic style, posing, composition, image selection, or editing style.

If the Client identifies a reasonable concern with the delivered edited photographs, the Photographer will provide one complimentary round of minor revisions where reasonably possible.

Requests involving substantial retouching, body reshaping, background replacement, removal of significant objects, or other editing beyond the Photographer’s standard services may incur an additional fee.

Refunds for completed photography services or delivered photographs are not available except where required by applicable law or where the Photographer determines that a significant service issue has occurred.

The Photographer is not responsible for loss, theft, or damage to the Client’s personal property during a photography service unless caused by the Photographer’s intentional misconduct or where liability cannot legally be excluded.

The Photographer is not responsible for damage to studios, venues, locations, or third-party property caused by the Client, the Client’s guests, or other persons associated with the Client.

The Photographer will use reasonable care, professional equipment, and reasonable backup practices when providing photography services.

If circumstances beyond the Photographer’s reasonable control affect the performance or completion of the photography service, the Photographer will make reasonable efforts to provide an appropriate solution. Depending on the circumstances, this may include rescheduling, arranging replacement coverage where reasonably available, or another mutually acceptable solution.

In the unlikely event that photographs are lost, corrupted, destroyed, or otherwise become unavailable due to equipment failure, storage failure, file corruption, or another unforeseen circumstance, the Photographer’s liability will not exceed the amount paid by the Client for the affected photography service, except where applicable law requires otherwise.

Nothing in these Terms & Conditions excludes or limits any liability, right, or remedy that cannot legally be excluded or limited.

Force Majeure

Neither the Photographer nor the Client will be responsible for failure or delay in performing contractual obligations where the failure or delay results from circumstances beyond that party’s reasonable control.

Such circumstances may include severe weather, natural disasters, fire, serious illness or injury, government restrictions, strikes, public emergencies, widespread transportation interruptions, or similar events.

Where reasonably possible, the parties will first attempt to reschedule the affected photography service.

Any transfer, credit, refund, or other resolution will depend on the circumstances, these Terms & Conditions, and applicable law.

• The Photographer is committed to maintaining a respectful, professional, and safe environment throughout the session. Any inappropriate, offensive, or unsafe behavior by the Client, their guests, or any involved party will result in the immediate termination of the session without refund. Clients and their guests are also expected to treat the Photographer’s equipment and the property of the session location with care and respect.
• The Photographer reserves the right to decline or discontinue any session or project that involves illegal, unethical, unsafe, or inappropriate content.

• Any additional expenses related to the photoshoot (e.g., travel costs, extra services, or special materials) must be discussed and agreed upon with the Client before the start of the session.
• Any additional services or changes to the selected package must be confirmed in advance to avoid misunderstandings.
• For photoshoots outside the city or in remote locations, the Client is responsible for covering all travel expenses of the Photographer (and team, if applicable), including fuel, transportation, accommodation, and meals for the duration of the session.
• In cases where unforeseen expenses arise during the session (e.g., additional services or materials), such costs will be discussed with the Client and must be settled before the session concludes.
• All additional expenses must be fully paid before the final images are delivered.
• For wedding and event photography sessions lasting 6 hours or more, the Client agrees to provide a hot meal for the Photographer (and an assistant, if applicable). The Photographer is entitled to a 30-minute meal break, which will not reduce the contracted coverage time. If a meal is not provided, the Photographer reserves the right to take a short break (up to 30 minutes) off-site to obtain food, without this time being deducted from the agreed coverage.

• All print and product orders are custom-made and fulfilled by a professional print lab.
• Due to the custom nature of photographic prints and products — including prints, wall art, cards, albums, and photo books — all sales are final once an order has been placed.
• Materials, papers, finishes, and album covers may have natural variations in texture, color, and appearance, which are part of the production process and do not constitute a defect.
• Reprints or replacements will be provided only in cases of:
  • • manufacturing defects, or
    • damage that occurs during shipping.
• Please note that color variations between different screens, mobile devices, and printed products are normal and do not constitute a defect.
• Refunds or exchanges are not available for subjective reasons, including but not limited to personal preference, material feel, color expectations, or changes of mind.
• Photo books and albums enter production shortly after order placement and cannot be canceled, modified, or refunded once production has begun.
• Shipping rates are calculated directly by our professional print lab and courier based on order size, product type, destination, and delivery speed.

These Terms & Conditions, together with the applicable booking details, selected photography package, invoice, and any written agreements between the Photographer and Client, constitute the agreement relating to the photography service.

These Terms & Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada.

Nothing in these Terms & Conditions limits or excludes any consumer right, remedy, or protection that cannot legally be waived.

If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited only to the extent necessary, and the remaining provisions will continue in full force and effect.

If any provision conflicts with a mandatory requirement of applicable law, the applicable legal requirement will prevail.

If you have any questions, concerns, or require clarification regarding these Terms and Conditions, please feel free to contact me:

• Email: tche.noir@gmail.com
• Phone: +18736553379
• Social Media: Instagram l Facebook