TERMS AND CONDITIONS*
1. Retainer and Payment. The Client shall pay a retainer as stated on Package of Choice to the Photographer to perform the services specified herein. The client shall pay the retainer upon booking a session. This retainer is payable via cash, or email transfer. The balance remaining of the session fee is due the day of the photoshoot. 2. Cancellation. If Client cancel the session the retainer is non refundable. 3. Postponement. If the Client postpones the session, the retainer can be transferred to a new booking. No refunds are issued. Retainer must be used within 6 months of postponing your session. 4. Photographic Materials. All photographic materials, including but not limited to digital files, proofs and prints, shall be the exclusive property of the Photographer. 5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio (Otherwise a Non-Disclosure Fee shall apply). If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. 6. Client’s Usage. The Client is obtaining prints and / or digital files for personal use only, and shall not sell said prints or digital files or authorize any reproductions thereof by parties other than the Photographer. 7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, weather, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the retainer to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. 8. Cooperation. The client agrees to cooperate with the photographer/videographer during the session. The photographer is not at fault for lack of products if the client is late or doesn't cooperate during the time of scheduled session. 9. Dreamy Skies Photography reserves the right to stop all services and terminate the contract if the following occurs: Elevated levels of intoxication that result in a person(s) ability to reason. Verbal abuse (threats, harassment, slander, libel). Physical abuse (any type of physical abuse resulting in pain, bruising, injury, or death). Unsafe work condition and/or unsafe establishments (venue). Horseplay (and type of horseplay resulting in equipment damage, disruption of standing equipment, human injury and/or death caused by the client, patrons, and/or guests). Harassment (Dreamy Skies Photography will not tolerate any type of harassment, especially sexual harassment, libel, slander, or any type of harassment posted on/in social media outlets i.e., Facebook, Twitter, LinkedIn, My space, YouTube, Vimo, Blog, Snap Chat, and/or Instagram). Sexual Harassment (Dreamy Skies Photography will not tolerate any type of sexual harassment from clients, guests, patrons, companies, or groups. Local police services will be called, and a complaint will be filed. Dreamy Skies Photography will immediately stop all services and terminate the contract without discussion prior. Sexual Harassment included but not limited to: verbal and/or physical). If Dreamy Skies Photography must cancel and/or terminate this contract due to the content in section 9. Safety, any monies owing will still be collected. 10. Delivery. Edits are delivered by private online gallery. Clients are responsible for downloading and backing up photos once receiving link and password from photographer. Private Online Gallery will only be available for two weeks and then automatically removed. If the client wants album reuploaded a fee of $25 will be paid. 11. Photographer’s Standard Price List. The charges in this Agreement are based on the current session fee. The session fee is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is booked. 12. Weather. If weather is deemed to poor to shoot in (rain, storm, blizzard, etc) the session will be postponed to another date available. 13. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the Province of Alberta.