The Dog with a Bow Photography Agreement
Paul Manning (trading as The Dog with a Bow Photography) (the “Photographer”)
The Session will be up to 60 minutes long and will take place in Calgary, Cochrane, Kananaskis Country or Bragg Creek.
The Customer will have the choice of locations in these areas from the Photographer's list of locations. The exact location of the Session will be confirmed by email correspondence between the Photographer and the Customer.
Alternative locations may be available for a surcharge at the Photographer's discretion.
The Session Fee
No Session Fee is due from the Customer unless any upgrades as detailed below are selected. The Session Fee has been already been paid for in the Gift Certificate the Customer received.
The Gift Certificate secures a date for the session, the Photographer’s time in photographing the dog (s), and an in-person consultation to review the images and assist with product selections.
The Gift Certificate covers up to 2 dogs with or without one of their humans.
Additional dogs can be added for $25 each. Additional dog parents and human brothers and sisters can be added for $25 each.
The Gift Certificate also includes one (1) 8" by 12" Mounted Print.
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 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.
All orders must be placed at this in-person consultation including the selection of the 8" by 12" Print included in the Gift Certificate.
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.
Every effort will be made to have products available within this time frame, and quicker where possible.
For full details of products available please refer to the Dog with a Bow Photography Product Guide (available upon request.) For information purposes, 8" by 12" Mounted Prints can be purchased for $145.00 each, framed images will start from $475.00, acrylic prints will start from $650.00, and metal prints will start from $675.00.
Digital files are not available for purchase but will be included with the customer's order for free when at least $500.00 is spent on signature products. The customer will receive 5 complimentary high resolution digital files with every $500.00 spent on signature products from the current version of the Dog with a Bow Photography Product Guide (up to a maximum of 25 digital files.)
The free digital files referred to in paragragh 22 shall consist of the images chosen for any signature product as well as the customer's choice of images for the remainder of the files gifted. For clarity:If the customer purchases 2 pieces of wall-art for a total of $1, 070.00 they will receive 10 high resolution digital files for free. Those 10 digital files shall consist of the 2 images chosen for the wall-art together with the customer's choice of the remaining 8 files.
To the extent that Digital Files are supplied, the Digital Files will be JPEG files, provided on a custom USB and printable up to 16" by 24" for personal, non-commercial use only.
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.
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. No refund of the Gift Certificate can be made.
If the Photographer cancels the Session Date, for any reason not covered by the following paragraph, the Photographer shall offer the Customer the choice of either a full refund, or 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 all 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 or reproduction 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.
Additional Terms regarding the Gift Certificate
The Gift Certificate has no cash value
The Gift Certificate is not valid in conjunction with any other discounts or offers
Only the person named on the Gift Certicate shall be entitled to redeem it, and the Gift Certificate is not transferable.
The Gift Certificate is single use only and entitles the Gift Certificate Recipient to one 60 minute photography session.
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.