These terms and conditions (“Agreement”) govern the relationship between Adam Byrne Photography (“we,” “us,” or “our”) and the client (“Client” or “you”) engaging our photography services. By booking our services, you agree to be bound by this Agreement.
- Services and Deliverables
1.1 Photography Services: We will provide professional photography services as outlined in the agreed-upon package or as otherwise specified in writing.
1.2 Deliverables: We will deliver the final photographs or other agreed-upon deliverables as specified in the package or contract.
- Booking and Payment
2.1 Booking: To secure our services, a non-refundable retainer fee and a signed agreement are required. The booking will be confirmed upon receipt of the retainer fee and the signed agreement.
2.2 Payment: The remaining balance of the total fee is due no later than 24 hours before the date of the photography session or as otherwise specified in the agreement.
2.3 Cancellation: In the event of cancellation by the Client, the retainer fee will be forfeited. If cancellation occurs within a specified time frame (as outlined in the agreement), the Client may be responsible for additional fees.
- Copyright and Usage
3.1 Copyright Ownership: We retain the copyright ownership of all photographs taken during the session, including all intellectual property rights.
3.2 Usage Rights: Upon final payment, the Client will receive a license granting them personal, non-commercial usage rights for the photographs. The Client may print, share, and display the photographs for personal purposes, excluding commercial use without our explicit written permission.
3.3 Model Release: By booking our services, the Client grants us the right to use the photographs for promotional purposes, including online and offline marketing, social media, website, and portfolio display. If the Client does not wish their photographs to be used for promotional purposes, they must notify us in writing before the session.
- Client’s Responsibilities
4.1 Cooperation: The Client will provide necessary cooperation to enable us to fulfill our obligations, including but not limited to providing necessary information, access, and assistance during the photography session.
4.2 Venue and Permits: The Client is responsible for obtaining any necessary permits or permissions required for the photography session, and for any associated fees.
- Limitation of Liability
5.1 Exclusion of Damages: We will not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with our services, including but not limited to loss of data, profits, or business opportunities.
5.2 Indemnification: The Client agrees to indemnify and hold us harmless from any claims, damages, or liabilities arising out of or related to the Client’s use of the photographs or any breach of this Agreement.
- Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of Canada. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Nova Scotia.
Adam Byrne Photography 