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Photographer Terms & Conditions
By booking a session, you agree to the Photographer Terms & Conditions outlined below. These guidelines are designed to ensure a smooth experience for both Client and Photographer — from planning and payment to rescheduling and delivery.
They cover bookings, timing, cancellations, and other important details so there are no surprises and you know exactly what to expect.
Please take a moment to review them before your session. If anything feels unclear or you have questions, feel free to reach out at any time.
Booking and Payment
- Clients are required to review the complete Terms and Conditions and Privacy Policy, available on my website, before proceeding with a booking or payment. In the booking form, checkboxes must be selected to confirm that you have read and agreed to these policies. By ticking the boxes, you acknowledge that you have read, understood, and accepted them.
- You can select and secure a date and time using the form in the online calendar on my website or directly via the link.
- Standard & Wedding 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 must be paid immediately after the photoshoot. Your spot will be secured only after the retainer has been received.
- Mini Sessions: The full session fee is due within 24 hours of booking to confirm your reservation. Unpaid bookings will be released.
- Cash Payments: Cash payments are accepted only if agreed upon in advance. The full amount must be presented to the Photographer at the time of the session. All cash will be counted and confirmed by the Photographer in the presence of the Client. Once confirmed, no disputes regarding the amount provided will be accepted.
- Payment Methods: Accepted payment methods are e-Transfer or cash. Any alternative payment method must be agreed upon in advance with the Photographer.
- Delivery: Final images will be delivered only once full payment has been received.
Rescheduling and Cancellation for Photoshoots
- If you need to reschedule or cancel your session, please notify me as soon as possible.
- The deposit is non-refundable as it secures your date and time, partially compensates for preparation efforts, and accounts for missed opportunities to accept other bookings for that time slot. Once I receive your deposit, I reserve the specified time exclusively for your session, making it unavailable to other clients. However, I aim to offer flexible solutions so your deposit doesn’t go to waste. Within three months of the original session date, you have the following options:
- Standard & Wedding Sessions:
1. Rescheduled – transferred to a new date if you plan to reschedule the event.
2. Applied to an alternative service – if the original event cannot take place, the retainer may be used toward another type of photoshoot or service of equivalent value, within 3 months of the original session date. - Mini Sessions:
– Mini sessions are non-refundable and non-transferable except in cases of inclement weather.
– Backup dates are provided in the mini-session details and will serve as the only rescheduling option.
– If you cannot attend the backup date, your payment may be applied as a credit toward a future session offered by the Photographer. - If I (the Photographer) must cancel a session for valid reasons, all payments/retainers will be refunded in full. I am not responsible for any financial losses related to such circumstances.
Photoshoot Terms and Details
- 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: If you wish to extend the session, additional time may be added for an extra charge, subject to the Photographer’s availability.
Mini Sessions: Session time is fixed and cannot be extended.
Image Delivery Process
- The Photographer will carefully select and upload the best images from the session to a secure online proofing gallery. From this gallery, the Client may select the number of images included in their chosen package. Additional images may be purchased separately, if applicable.
Online galleries remain active for 3 months from the delivery date. After this period, files may be removed without further notice. Clients are responsible for downloading and safely storing their images within this time frame. - Mini Sessions: Final edited images (included + any additional purchased) will be delivered within 2 weeks of the session.
- Standard Sessions: Final edited images will be delivered within 2 weeks of the session.
- Event Sessions: Final edited images will be delivered within 2 weeks of the session.
- Wedding Sessions: Final edited images will be delivered within up to 2 months of the session.
- The Photographer does not provide RAW or unedited files.
The Photographer reserves the right to make final decisions on image selection and editing style to maintain artistic integrity.
Copyright
- All images created during the session remain the sole property of the Photographer and are protected by copyright law.
- The Client is granted a limited, non-transferable license for personal, non-commercial use only (e.g., printing for personal albums, sharing on personal social media, or displaying in private spaces). Commercial use (including advertising, resale, or promotion) is strictly prohibited without prior written consent from the Photographer.
- When posting images on social media, the Client must credit the Photographer by tagging their account or business name. Failure to provide proper credit may result in revocation of usage rights.
- The Client may not edit, alter, or apply filters to the images. Any requested changes must be made by the Photographer.
- The Client may not sell, distribute, or publish the original or edited images without the Photographer’s written permission.
- The Photographer may add a copyright notice or watermark to assert copyright ownership. Clients may not remove or alter any watermark or copyright notice.
- The Photographer retains the right to use images for their portfolio, website, social media, and marketing materials. The Client may request in writing that specific images not be used for promotional purposes, and the Photographer will make reasonable efforts to comply.
- Granting the Client a license for personal use does not transfer copyright or ownership rights. The Photographer retains full copyright of all images.
- The Client may request that specific images be removed from the Photographer’s portfolio or online platforms, provided this is technically feasible and does not conflict with prior agreements.
Image Usage and Client Consent
- By booking a session, the Client grants the Photographer permission to use images from the session for portfolio, website, social media, and promotional purposes, unless the Client specifies otherwise in writing.
- All images will be handled in compliance with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable privacy laws. The Photographer will not disclose personal data without explicit consent, except as required by law.
- The Photographer retains the right to display and use images for non-commercial promotional purposes, including online portfolios, marketing materials, and social media.
- The Client may request in writing that specific images not be used for promotional purposes. The Photographer will make reasonable efforts to comply with such requests, provided they do not conflict with prior agreements or publications.
- If images are published by the Photographer, proper credit (name or business name) will accompany them, unless agreed otherwise.
- The Client may request removal of images from the Photographer’s website or social media. The Photographer will remove such images within a reasonable time, if technically feasible and not in conflict with prior commitments.
- The Client understands that withdrawing consent does not affect usage rights already granted prior to the withdrawal.
- The Photographer agrees not to use images in any way that may harm the Client’s reputation or honor.
Editing and Retouching Services
- Standard editing is included with all packages and covers adjustments for color, exposure, lighting balance, cropping, and minor skin retouching.
- Requests for additional editing beyond standard services — such as extensive skin retouching, body reshaping, background replacement, or removal of objects — will be considered upon request and may incur an additional fee.
- The Photographer does not provide RAW or unedited files.
- Final decisions regarding editing style are made by the Photographer to maintain artistic consistency.
Refunds After Photo Editing
- Refunds are not available for completed sessions or delivered images, except in cases where a proven significant issue with the service has occurred.
- If the Client is dissatisfied with the results, the Photographer offers one complimentary round of minor revisions to the edited photos to ensure they reasonably meet the Client’s expectations.
- Requests for additional revisions beyond the complimentary round may incur an extra charge.
Liability
- The Photographer is not responsible for loss, theft, or damage to the Client’s personal property during the session.
- The Photographer is not liable for unforeseen circumstances that may affect the quality or completion of the session (including but not limited to equipment failure, accidents, illness, or weather conditions). In such cases, the Photographer will make reasonable efforts to reschedule or provide alternative solutions.
- The Photographer is not responsible for any damage caused to the property of studios, venues, or third-party organizations if such damage is the result of the Client’s actions or negligence.
- In the event of a Force Majeure (including natural disasters, fire, strikes, pandemics, government restrictions, or other events beyond the Photographer’s reasonable control), neither party shall be held liable. If such an event prevents the session from taking place, any payments made (excluding non-refundable retainers) may be applied as a credit toward a future session.
Conduct and Behavior
- 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.
Additional Expenses
- 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.
Entire Agreement and Severability
- These Terms and Conditions constitute the entire agreement between the Photographer and the Client and supersede all prior discussions, promises, or understandings of any kind.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Contact Information
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
