1. Release
    1. By entering into this Agreement the “Customer”, confirms that they have the legal authority to execute this release on behalf of the dog (s) to be photographed.
    2. The Customer is the legal owner of the dog (s) and is over 18 years of age. 
    3. 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 Pet, in whole or in part, with or without the Pet’s name, individually or in conjunction with other photographs, whether they are of the Pet 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.
  2. Session Fee
  3. There is no session fee due as the full fee was paid by way of gift certificate
  4. The Session Fee covers the Photographer’s time in photographing the dog (s), the editing of at least 5 images for viewing in a personalised online gallery, either an 11" by 14" Framed Image or an 11" by 14" Canvas as per the customer's gift certificate, and a Social Media sized digital file of the image chosen for the Framed Image/Canvas.
  5. The Session will be up to 1 hour long.
  6. Any additional products ordered will be charged to the Customer.
  7. All fees in this Agreement are exclusive of taxes, which will be charged at the rate of 5%.
  8. All prices quoted in this Agreement, correspondence or invoices are in Canadian Dollars.
  9. 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.
  10. No refunds can be given for the gift certificates once purchased other than in accordance with the cancellation provisions below.
  11. Online Gallery and ordering time limit
  12. A personal online gallery will be uploaded and available within 2 weeks of the Session Date, and will remain open for selection of images for at least 2 weeks.
  13. 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 4 weeks of ordering, but no guarantee can be made. The Photographer shall not be liable for any delay in postage.
  14. Cancellations
  15. 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.
  16. If the Photographer cancels the Session, for any reason other than as detailed in paragraph 19, the Photographer’s liability will be limited to refunding the Session Fee.
  17. If the Customer postpones or cancels the Session, in whole or in part, within 48 hours of the Session Date, without first obtaining the Photographer’s written consent, the Customer shall be liable for the full Session Fee.
  18. If the Customer fails to attend the Session Date, this will be classed as a cancellation.
  19. 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.
  20. Vaccinations and Limitation of Liability
  21. The Customer confirms that all Pets are up-to-date with all vaccinations, de-worming and other medication and treatments as required.
  22. 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.
  23. 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).
  24. 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).
  25. 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.
  26. 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. 
  27. 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.
  28. No Licence without Signature
  29. No license is valid unless signed by the Photographer. 
  30. 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. 
  31. Customer Approval
  32. The Photographer will endeavour to accommodate reasonable requests from the Customer with respect to poses and who is included in Images, but the Photographer’s decision with regard to which poses to use, and which shots to take, will be deemed to be correct.
  33. The Customer indemnifies the Photographer from any liability arising from the Photographer not getting any particular pose or shot requested by the Customer.
  34. Reshoot
  35. The Customer shall pay 100% of the Photographer's fees and charges for any reshooting or redoing of Services requested by the Customer. 
  36. 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.
  37. Modifications, Governing Laws and Modifications
  38. 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. 
  39. This Agreement sets forth the entire understanding and agreement between the Photographer and the Customer regarding the Session. 
  40. 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. 
  41. The formation, interpretation, and performance of this Agreement shall be governed by the provincial laws of Alberta.