1.1. “Assignment” refers to the wedding day and any related photography services described on page 1 of the Agreement that Client is specifically commissioning Photographer to perform.
1.2. “Cancellation” means that the Assignment is canceled by Client and not rescheduled. In the event of cancellation, Client will be responsible for those fees, costs and charges set forth in Section 10.
1.3. “Photographer” means the photographer identified on under Section 11. of the Agreement.
1.4. “Postponement” is the rescheduling of the Assignment by the Client at least 72 hours prior to the Assignment to a mutually agreeable date, and no more than 30 calendar days after the original Assignment date.
1.5 “Work” means all photographic images, negatives, digital files, prints or other materials created by Photographer while performing the Assignment.
1.6 “Other Photographers” refers to professional photographers other than those employed by the Studio, individuals acting in a manner of a professional photographer and/or videographers taking still images.
1.7 "The Studio" refers to Photography by Ezurs and Ezurs Limited.
2. LIMITS OF LIABILITY. The Studio takes the utmost care with respect to the exposure, development and delivery of all photographs. However, in the event that the Studio fails to comply with the terms of this Agreement due to any event or act which prevents the delivery of the Work from the Assignment, the Studio’s liability to Client shall be limited solely to a refund of all money paid by Client to the Studio, and Client’s sole remedy shall be receiving a refund of all money paid by Client to the Studio.
3. SPECIFIC IMAGES The Studio and Client further agree that that the Studio cannot be held responsible for any specific image that may not be delivered. Client acknowledges and understands that Photographer uses a highly stylized and photojournalistic approach to the Assignment, with few prearranged or posed shots. Any failure by the Studio to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by Client to the Studio, and Studio shall not provide any other remedy to Client. As per agreement The Studio will deliver the agreed upon digital edits. All additional edits must be purchased separately at the additional cost of $25.00 per edit.
4. PAYMENT SCHEDULE. Client must pay the full amount declared in Section 10. before Photographer has any obligation to perform the Assignment. Client’s failure to pay the full payment shall be deemed a material breach of this Agreement, shall result in damage to the Studio, and shall relieve the Studio and Photograph from performing any services under this Agreement.
5. POSTPONEMENT, CANCELLATION & LIQUIDATED DAMAGES:
5.1 POSTPONEMENT. Client acknowledges that in the event that there is a Postponement of the Shoot the Studio will be harmed, and that Client will notify the Studio of a Postponement as soon as possible in order to minimize the Studio’s damages. If there is a Postponement, the Studio and Client agree that the Client shall pay to the Studio within 7 days of any Postponement as liquidated damages and not as a penalty, the sum of $100.00, which represents a compromise portion of the actual damages sustained by the Studio due to a Postponement. This sum shall be in addition to the nonrefundable deposits described in Sections 8. and 10. above.
5.2. CANCELLATION. Client acknowledges that in the event that there is a Cancellation of the appointment the Studio will be harmed, and that Client will notify the Studio of a Cancellation as soon as possible in order to minimize the Studio’s damages. If there is a Cancellation, the Studio and Client agree that the Client shall not be issued a refund. Client may reschedule if given full 72 hours notice. Rescheduling must be within 90 days from first dated appointment.
6. CLIENT COOPERATION & UNDELIVERED WORK. Photographer cannot perform the Assignment without the cooperation of Client. In the event that Photographer and the Studio are unable to deliver a portion of the Work, or other goods, required under this Agreement, due to a failure of the Client to cooperate or to provide necessary approvals regarding the Work, or other goods, to the Studio, then the Studio shall not be obligated to deliver that portion of the Work or other goods to Client, but instead the Studio and Client agree as follows:
6.1. STUDIO CREDIT (6 MONTHS). If the Studio is unable to deliver the assigned Work do to any unavoidable causes the Studio will give Studio credit for the undelivered portion of the Work or other goods required under this Agreement.
6.2. ARCHIVE FEE (1 MONTHS). If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within one months after the Assignment, then Client shall be charged a $250 archive fee to maintain storage of the undelivered Work or other goods. This archive fee shall be in addition to any other sums paid by Client pursuant to this Agreement.
6.3. TERMINATION (12 MONTHS). If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 12 months after the Assignment, then the Studio’s performance of the Assignment shall be deemed complete, and this Agreement shall terminate. Upon the termination of this Agreement, the Studio shall have no further obligation to Client to store the undelivered Work or other goods. The Studio shall assume no responsibility for storing the Work or other goods provided under this Agreement, and the Studio shall not assume any liability if any portion of the Work is lost, stolen, damaged or otherwise unavailable to Client
7. SOLE PHOTOGRAPHER. Photographer shall be the sole professional photographer at the event. Client acknowledges that the presence of Other Photographers will adversely impact the ability of the Photographer to create the Work and as a result the Work may fail to meet the standards represented by the Studio in its portfolio and samples.
8. COPYRIGHTS. The Work created by Photographer during the Assignment constitutes the copyrighted work of Photographer and the Studio. The Work at all times shall remain the property of Photographer and the Studio. Any portion of the Work delivered to Client is for Client’s personal use only. Client may not sell or reproduce, nor authorize the sale or reproduction of, any portion of the Work without the Studio’s written consent. All purchased items must be credited to the studio and will be watermarked by Studio.
9. MODEL RELEASE. Client shall permit the Studio to use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents.
10. PRIVACY ACT The Studio is committed to protecting your privacy and maintaining the integrity of any identifiable information we collect about you ("Personal Information").
11. ILLNESS & INJURY. In the unlikely event that Photographer is unable to perform the Assignment due to illness, injury, acts of God, or other unforeseen circumstance beyond Photographer’s control, then the Studio shall reschedule the appointment for a time no later then 120 days from original date.
12. DANGEROUS CONDITIONS. If, during the Assignment, Photographer or his crew are exposed to: (a) conditions which imperil or cause the Photographer or his crew to fear for their safety, or (b) objectionable or illegal acts to which Photographer and his crew do not wish to be a party or witness, then the Studio reserves the right to immediately protect Studio’s and Photographer’s interests, including but not limited to a cessation of the Assignment, leaving the Assignment location(s), and/or terminating this Agreement. In such circumstances, the Studio will not refund any moneys paid by Client. Client shall indemnify Studio and Photographer from any damage or injury that Studio, Photographer or his crew may sustain, arising from, or related to, any hazardous conditions which imperil or cause Photographer or his crew to fear for their safety, while performing the Assignment.
13. COLLECTION. In the event that the Studio is required to file a legal action to collect fees due from Client under this Agreement, or to otherwise enforce this Agreement, then the Studio shall be entitled to recover all cost and expenses incurred by the Studio relation to such legal action, including an award of reasonable attorney’s fees.
14. BOOKING TIME AND PAYMENT FOR OVERSHOOTINGThe Studio has been paid for the allotted time under Section 9. If the Photographer is asked by The Client to work more than the allotted time The Client agrees to pay $200.00 per hour for time agreed on. This payment must be made at the time of the agreement or The Photographer has the rights to refuse the work.
15.CREATIVE LICENSEImages are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
CAPTURE AND DELIVERY: The Studio is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Studio.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Studio.
16. REFUNDS. There are no refunds issued. Only Studio credit. Assigned Photographer may not be the same as booked Photographer. Credit is good for 1 year from date of purchase.
17. JURISDICTION & VENUE. This Agreement shall be construed according to the laws of the Province of Alberta. Client acknowledges that this Agreement was entered into in Fort Mcmurray, Alberta and that at least a substantial portion of this Agreement will be performed in Alberta, and that the proper venue for any legal action related to this Agreement is in the Courts of the Province of Alberta.