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. This agreement sets the full intention of both parties and supersedes all other written and/or oral agreements between the parties. 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 following Terms and Conditions.
1.1 A non refundable 50% initial payment will be made at the time of booking in order to reserve and secure the appointment. Payment may be paid via Interac E-transfer to Aspilla Consulting Group Inc.; firstname.lastname@example.org, or Credit/Debit. Paying through Credit/Debit will be charged a 4% fee. The initial payment reserves the photographer’s time and is not a retainer or deposit. The photographer agrees to not advertise availability of this same time slot to any other potential clients. If client cancels the photo booth for any reason, the initial payment will not be returned to client.
1.2 Balance owed may be paid via Interac E-transfer or Credit/Debit one day before the event. Alternatively, balance owed may be paid via cash or check on the day of the event. Please make cheques payable to “Aspilla Consulting Group Inc.“ In the event of returned checks, client will pay a $25.00 fee.
1.3 Payments made by check must clear before digital copies of photos are provided.
2.1 The photographer will arrive to setup 1 to 2 hours before the photo booth service period begins.
2.2 Client will arrange to have a photo booth space of at least 8' x 8' x 8' and 1 table. Client is responsible for ensuring power is available for the photo booth (110V, 5 amps, 3 prong outlet).
2.3 If Photographer is to provide scrapbook and supplies then client will provide 1 additional table.
2.4. Client understands and agrees that photo booth service will be occasionally paused for maintenance including: changing of photo paper, changing batteries, adjusting camera, adjusting printer, etc.
2.5. In the event of a prolonged pause for maintenance, Photographer agrees to stay at the event for as long as the prolonged maintenance time.
2.6 If the printer fails to print out immediate photos on site, the client agrees to receive all prints 1 week after the original date with free shipping.
2.7 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.
2.8 If photo booth is to be used in an outdoor setting, client is responsible for ensuring that the photo booth is under protective covering and level ground. In the event client can't or does not provide appropriate cover photo booth services will end if inclement weather occurs. In the event that services end early due to inclement weather during an outdoor event, client will not receive a refund in part or in full.
3.1 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. The client grants the photographer rights and permissions to copyright and use, photographic portraits or pictures of any photo booth user. The client agrees to release and discharge the photographer from any liability, that may occur or be produced in the taking of photo booth pictures including without limitation any claims for libel or invasion of privacy.
4. Postponement and Cancellation:
4.1 Should client postpone the event, 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. If a new date cannot be agreed by both parties, the initial payment will be retained by the photographer.
4.2 Should client cancel the event, then the initial payment will be retained by the photographer.
4.3 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.
5.1 Client understands and agrees that the photographer will have have cords, light stands, and other gear at the location. Client will hold photographer harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment.
5.2 Client acknowledges responsibility for any damage or loss to the Photographer’s equipment caused by: a) Any misuse of the Photographer's equipment by Client or its guests, or b) Any theft or destruction of equipment including but not limited to props, camera, computer and printers.
6. Complaints Procedure:
6.1 Please address any complaints to the Photographer by email or writing.