The “photographer” shall mean Addison Aspilla of MyFamilyPhotographer.ca trading as Aspilla Consulting Group Inc.. The “client(s)” shall be you and/or the person(s) defined in the booking form. It is mutually agreed that the following terms of agreement cannot be varied by either party unless such conditions are expressly agreed upon in writing. By booking with the photographer you agree to the below Terms and Conditions.
1. Booking Deposit:
1.1 A non refundable 50% deposit will be made at the time of booking in order to reserve and secure the appointment. Payment may be paid by cash, cheque, bank transfer, or Credit/Debit via PayPal. Paying through PayPal will be charged a 4% fee. Please make cheques payable to “Aspilla Consulting Group Inc.“. Please note, if paying by cheque your booking will not be secure until the cheque has cleared.
2.1 Balances owed will be paid in full before the digital photos are downloaded.
4.1 The client(s) hereby allow(s) the photographer to display photographs to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
4. License, Coverage and Reproduction:
4.1 Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
4.2 The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
4.3 When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
4.4 At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
4.5 On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
4.6 Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
5. Creative Licence:
5.1 The photographer shall be granted creative and artistic licence in relation to the choice of locations and poses used. The photographer’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. The photographer will do his best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
6. Force Majeure:
6.1 In the unlikely event of total photographic failure, injury or sickness beyond the photographer’s control, their liability shall be limited to a full refund of all monies paid.
7.1 If the Photographer has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. If the Client cancels the appointment an unconditional refund policy exists up until 7 days prior to the reserved slot at which point the full Booking Deposit will be retained by the Photographer.
8.1 Should the cancelled appointment turn out to be a postponement, then, subject to the Photographer’s availability, all monies paid may be applied to the new appointment. In this case, the total fees chargeable shall be the fee which applies at that time. In the event that the photographer takes another appointment for your cancelled or postponed date, a full unconditional refund of your deposit and monies paid shall be made. If, following cancellation by the client, a new date cannot be agreed by both parties, the full booking fee will be retained by the photographer.
9. Postponement Due To Adverse Weather:
9.1 If the appointment has to be cancelled by the Photographer due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Booking Fee refund, this will be granted.
10. Personal Accident:
10.1 Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons’ own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
11. Complaints Procedure:
11.1 Please address any complaints to the Photographer by email or writing.