Terms & Conditions
1. Photographer’s Responsibilities. Vincent Ybanez Photography (“Photographer”) hereby agrees to perform photographic services for the Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”). Photographers may employ one or more assistants. The photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. The photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by the client because of the Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees paid by the Client because of such action.
2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 10). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images.
3. Copyright. All photographs taken by Photographer at the Event, in whatever form, are copyright protected. The photographer will allow reproduction and publishing for personal use (eg. wall hangings at home, Facebook, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law. The photographer retains Copyright in all images taken at the Event. This clause shall survive the Term.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement and shall terminate upon the Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client unless terminated earlier as provided herein.
5. Event Changes. The photographer must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If the Client notifies the Photographer by phone, a written (i.e. email)confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given during the period specified above, then Photographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Photographer’s availability.
6. Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event on the specified date and shall make no other reservations for that date. If the Client cancels the Event entirely, then Photographer shall not be required to repay any of the payments made by the Client.
7. Delivery Date. The Album shall be delivered no later than 90 Days from the date of final Client approval.
8. Price Protection. Photographer warrants all prices quoted for Event images are valid for a period of 6 Months following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the order’s placement.
9. Model Release. Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
10. Force Majeure. If the Photographer is unable to attend the Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.
11. Jurisdiction. The state and federal courts serving Alberta, Canada shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here consent to the jurisdiction of such courts.
12. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from the non-prevailing party.
13. Assignment. This Agreement may not be assigned.
14. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
15. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY THE CLIENT FOR THE SERVICES. IN NO EVENT SHALL THE PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF THE CLIENT INFORMS THE PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
16. Event Meals. The client shall arrange with the caterer for meals to be provided to Photographer and 1 assistant (if applicable).
17. Choice of Law. This Agreement shall be governed by the laws of the State of Alberta, notwithstanding its conflicts of laws provisions.
18. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
19. Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, the Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
20. Promotion. I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.
