1. Release
  2. By entering into this Agreement the “Customer”, confirm that they have the legal authority to execute this release on behalf of the dog (s) to be photographed.
  3. They are the legal owner of the dog (s) and over 18 years of age. 
  4. They irrevocably and absolutely give their consent to Paul Manning, trading as ‘The Dog With A Bow Photography” (the “Photographer”), along with its successors, employees, assigns and designees, and those acting with its permission or authority, to use any and all photographs and images (“Images”) taken of the Pet, in whole or in part, with or without the Pet’s name, individually or in conjunction with other photographs, for all purposes, in any form, in any and all media, including, without limitation, advertising, solicitation, stock photography, web content, publicity, illustration, self-promotion, resale, competitions, or commercial and trade, and to copyright the same in Photographer’s own name or any other name that he/it may choose.
  5. Session Fee
  6. The Session Fee for the Christmas in the Park Session is $35 per dog of which the full $35 will go to Alberta Animal Rescue Crew Society (“AARCS”)
  7. The Session Fee covers the Photographer’s time in photographing the dog (s), the editing of at least 4 images for viewing in a personalised online gallery, and 2 x social-media sized watermarked digital files suitable for uploading on facebook/instagram, or use as a desktop background.
  8. The Session will be between 15 and 20 minutes long.
  9. All fees in this Agreement are exclusive of taxes, which will be charged at the rate of 5%.
  10. All prices quoted in this Agreement, correspondence or invoices are in Canadian Dollars.
  11. Session Time and Date
  12. The Photographer will email the Customer to confirm their session date and time. 
  13. The Photographer will take all reasonable efforts to accommodate the Customer’s requested date and time but can make no guarantee. If the Photographer offers the Customer a time other than within their two preferred time slots, the Customer shall be entitled to cancel the session and receive a full refund at least 1 week before the session date. The Photographer’s liability in such circumstances is limited to refunding the Session Fee only.
  14. The Customer will attend their Session at least 10 minutes before the start time to ensure they are present and ready to start at the allotted time. Given the amount of sessions available each day, the Photographer cannot guarantee that any late arrivals will be able to be accommodated. 
  15. No refunds will be given for no-shows or late arrivals.
  16. Product Packages
  17. At the time of booking, product packages can also be purchased from the Dog with a Bow Photography for an additional fee. There is no obligation to purchase any additional products.
  18. The fees for the additional packages are as follows:
  19. Snow Dog - $95.00.00
  20. Sleigh Lead - $125.00
  21. Top Dog - $275.00
  22. The Snow Dog Package includes a mounted 10” by 8” print and a high-resolution digital file suitable for printing images up to 12” by 8”.
  23. The Sleigh Lead Package includes a mounted 10” by 8” print and a high-resolution digital file suitable for printing images up to 12” by 8” and 10 x Christmas Cards featuring one image from the mini-session.
  24. The Top Dog Package includes 2 x mounted 10” by 8” prints, 2 x high-resolution digital files suitable for printing images up to 12” by 8”,  10 x Christmas Cards featuring one image from the mini-session and 2 x accordion-style photobooksfeaturing all the edited images from the session.
  25. Add-on products are also available with the purchase of any of the above packages. Not available individually.
  26. With the purchase of any product the following products are also available:
  27. 7” by 5” mounted prints - $35
  28. 10” by 8” mounted prints - $45
  29. 11” by 14” framed image - $155
  30. 16” by 20” Canvas - $245
  31. Online Gallery and ordering time limit
  32. Personal online galleries will be uploaded and available by 7:00 p.m. on Sunday November 27, 2016.
  33. Selection of images for either the “Sleigh Lead” or “Top Dog” package will need to be made by 5:00 p.m. on Wednesday November 30, 2016 so that Christmas Cards can be ordered.
  34. Selection of images for either the Session only or the “Snow Dog” package need to be made by 5:00 p.m. on Friday December 2, 2016.
  35. Orders of “Sleigh Lead” and “Top Dog” will be delivered by the latest of Friday December 16, 2016 to ensure delivery in time for last Christmas posting.
  36. All other items will be delivered by the latest of Monday December 20, 2016.
  37. At the time of drafting this Agreement the last posting date for delivery of holiday cards in time for Christmas was December 21 for local delivery,  December 20 within province, and December 19 outside of province. 
  38. The Photographer is not liable for any changes in the last date for posting and the Customer accepts that this is out of the Photographer’s control.
  39. Cancellations
  40. Both the Photographer and the Customer agree to attend the Session at the date and time confirmed by email from the Photographer to the Customer.
  41. If the Photographer cancels the Session the Photographer’s liability will be limited to refunding the Session Fee.
  42. Vaccinations and Limitation of Liability
  43. The Customer confirms that all Pets are up-to-date with all vaccinations, de-worming and other medication and treatments as required.
  44. The Customer confirms that the Pet is in good health with no diseases or conditions that have not been notified to the Photographer in advance of the Session.
  45. The Customer shall have sole responsibility for maintaining control of the Pet(s). No responsibility or liability of any kind is accepted by the Photographer for any acts done by, or damaged caused by,  the Pet(s).
  46. The Customer indemnifies the Photographer against any and all claims made against the Photographer for any and all acts done by, or damage caused by, the Pet(s).
  47. The Customer confirms that they are the legal owner of the Pet(s) and have all licences in place that are necessary.  The Customer furthermore indemnifies the Photographer from any liability whatsoever arising fromthe Pet(s) not having appropriate licences.
  48. In any event, the entire liability of the Photographer shall in no circumstance exceed the Session Fee paid to the Photographer. Under no circumstances shall the Photographer be liable for general, consequential, incidental or special damages arising from this Agreement, the Service(s), the Image(s) or any acts or omissions of the Photographer. 
  49. The Customer shall indemnify, defend and hold the Photographer and the Photographer's representatives harmless from any and all claims, liabilities, damages, and expenses of any nature whatsoever, including actual lawyers' fees, costs of investigation, court costs and any other expenses or costs arising from or relating to the Customer's direct or indirect use of the Image(s) or in connection with the Photographer’s reliance on any representations, instructions, information, or materials provided or approved by the Customer.
  50. No Licence without Signature
  51. No license is valid unless signed by the Photographer. 
  52. This Agreement may not be assigned or transferred without the prior written consent of the Photographer and provided that the assignee or transferee agrees in writing to be bound by all of the terms, conditions, and obligations of this Agreement. 
  53. Any voluntary assignment or assignments by operation of law of any rights or obligations of the Customer shall be deemed a default under this Agreement allowing the Photographer to exercise all remedies including, without limitation, terminating this Agreement, the right to all net worth or financial information of any assignee and the fullest extent of adequate assurances of future performance. 
  54. Upon request by the Photographer, the Customer shall provide the Photographer with a full and complete disclosure of any and all uses of each Image.
  55. Modifications, Governing Laws and Modifications
  56. All images, original and processed, remain the sole property of the Photographer. No copying or reproduction of any photographs, either physically or digitally, without the Photographer’s permission is allowed. 
  57. This Agreement sets forth the entire understanding and agreement between the Photographer and the Customer regarding the Session. 
  58. No waiver or modification may be made to any term or condition contained in this Agreement unless in writing and signed by the Photographer.  Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. 
  59. The formation, interpretation, and performance of this Agreement shall be governed by the provincial laws of Alberta.