The Dog with a Bow Photography Agreement
Paul Manning (trading as The Dog with a Bow Photography) (the “Photographer”)
- Session Fee
- The Session Fee is usually $250 but no Session Fee shall be due by the Customer due to their winning entry in a recent competition.
- The complimentary Session Fee shall include up to two (2) dogs and one (1) human. The names and breeds of the included dogs have been confirmed in the email correspondence between the Photographer and the Customer.
- Additional dogs can be added for $50 each by agreement between the Customer and the Photographer. Additional dog parents and human brothers and sisters can also be added for $50 each by agreement between the Customer and the Photographer.
- The Session shall include between 60 and 90 minutes of photography at the location agreed to between the Customer and the Photographer in Calgary, Cochrane or Kananaskis Country, as previously confirmed in email correspondence between the Customer and the Photographer.
- The Session shall also include:
- One (1) x 8" by 10" print mounted to 11" by 14";
- a watermarked social media file of that image; and
- 15% of any products, packages or collections from the Dog with a Bow Product Catalog currently in effect.
- No other products are included in the Session Fee but three Product Collections will be available at the in-person consultation as well as the full the Dog with a Bow Product Catalog as currently in effect.
- All fees in this Agreement are exclusive of taxes, which will be charged at the rate of 5%.
- All prices quoted in this Agreement, correspondence or invoices are in Canadian Dollars.
- Additional fees and charges shall be paid by the Customer for any subsequent changes, additions or variations requested by the Customer. All advance payments are due in full prior to production of Products.
- Image viewing and product ordering
- A personal gallery containing at least 10 images will be prepared in time for the in-person consultation.
- The in-person consultation will be scheduled at a mutually convenient time and location, and the images will usually be ready for this consultation within 2 weeks of the Session Date.
- No online gallery is available. All orders, including for the complimentary print above, need to be placed at this in-person consultation.
- At the in-person consultation, the Customer will have the option to purchase additional Products at a discount of 15% off of regular prices. For full details of additional products please refer to the Dog with a Bow Product Guide (available upon request.) The Customer is under no obligation to purchase any additional products.
- Following the selection of Images by the Customer, the Photographer will order the selected products from the Photographer’s supplier. Typically products are available for delivery to the Customer within 6 weeks of ordering, but unfortunately no guarantee can be made. The Photographer shall not be liable for any delay in postage.
- To the extent that Digital Files are purchased, the Digital Files will be JPEG files, provided on a custom USB and printable up to 16" by 24".
- The Customer will be granted a non-exclusive, non-transferable license for their own personal use only. The Customer shall be entitled to print the images from digital files, use them on their own personal website, and share the images on social media, on the express condition that the images are used for personal use only, and are not modified in any way. Modifications shall include cropping, re-editing, and applying filters.
- No commercial use licence is granted for any products, packages, collections or digital files purchased. If commercial use of the image is required, a separate licence must be entered into between the Dog with a Bow Photography and the Customer, or such third-party as wishes to use the image for commercial purposes. Inquiries about commercial image licensing should be made directly to the Dog with a Bow Photography.
If the Photographer provides a further digital file print release, the Customer must act in accordance with that release as well as this Agreement.
- 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.
- The Session
- 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.
- The Photographer will try to accommodate reasonable requests from the Customer with respect to poses and who is included in Images, but the Photographer will make the final decision with regard to which poses to use, and which shots to take.
- The Customer indemnifies the Photographer from any liability arising from the Photographer not getting any particular pose or shot requested by the Customer.
- If the Customer fails to attend the Session Date, this will be classed as a cancellation, and the Session will be forfeited.
- If the Photographer cancels the Session Date, for any reason not covered by the following paragraph, the Photographer shall offer the Customer a re-scheduled Session Date. The Photographer shall have no other liability resulting from the cancellation. The Photographer reserves the right to cancel this Agreement upon full refund of any additional fees paid by the Customer to the Photographer.
- The Photographer shall not be in default of this Agreement, or incur any liability, by reason of its delay in the performance of or failure to perform, in whole or in part, any of its obligations hereunder, if such delay or failure results from occurrences beyond the Photographer’s reasonable control and without the Photographer’s fault or negligence. Examples of such occurrences include, but are not limited to, floods, fire, snow, ice, avalanche, hail, hurricane, and tornado. In such circumstances a mutually convenient alternative Session Date will be agreed to between the Photographer and the Customer.
- Vaccinations and Limitation of Liability
- The Customer confirms that all Dogs are up-to-date with all vaccinations, de-worming and other medication and treatments as required.
- The Customer confirms that all Dogs are in good health with no diseases or conditions that have not been notified to the Photographer in advance of the Session.
- The Customer shall have sole responsibility for maintaining control of the Dog(s).
- No responsibility or liability of any kind is accepted by the Photographer for any acts done by, or damaged caused by, the Dog(s).
- 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 Dog(s).
- The Customer confirms that they are the legal owner of the Dog(s) and have all licences in place that are necessary. The Customer furthermore indemnifies the Photographer from any liability whatsoever arising from the Dog(s) not having appropriate licences.
- 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.
- The Customer shall be responsible for their own safety, and the safety of the Pet (s), during the session. The Customer shall indemnify the Photographer for any and all injury to the Customer, Customer’s pet and Customer’s property during the course of the Session.
- 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 Customer shall pay 100% of the Photographer's fees and charges for any reshooting or redoing of Services requested by the Customer.
- If the Image(s) become lost or unusable by reason of defects, damage, equipment malfunction, processing, or any other technical error, prior to delivery of the Image(s) or Products to the Customer, the Photographer will perform appropriate Service(s) again without additional fees, provided the Customer has paid in full for all fees and charges in connection with the initial Services.
- Modifications, Governing Laws and Modifications
- The copyright to all images, original and processed, remain the sole property of the Photographer.
- No copying, reproduction or submission to contests of any photographs, either physically or digitally, without the Photographer’s permission, is allowed.
- This Agreement sets forth the entire understanding and agreement between the Photographer and the Customer regarding the Session.
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.
- The formation, interpretation, and performance of this Agreement shall be governed by the provincial laws of Alberta.
- In the unlikely event that any dispute arises from this Agreement, the Photographer and Customer agree that any dispute or alleged breach shall be settled by mediation or arbitration, in the jurisdiction closest to the Photographer, and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
- By entering into this Agreement the “Customer”, confirms that they are the legal owner of the dog (s) to be photographed and they are over 18 years of age. The Customer irrevocably and absolutely gives their consent to the Photographer, along with its successors, and those acting with its permission or authority, to use any and all photographs and images (“Images”) taken of the Dog, in whole or in part, with or without the Dog's name, individually or in conjunction with other photographs, whether they are of the Dog alone, or together with the Customer or others, 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.