1. Release
  2. 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.
  3. The Customer is the legal owner of the dog (s) and is over 18 years of age. 
  4. 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' 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.
  5. The Terms of the Agreement

    The Dog with a Bow Photography Agreement between Paul Manning  (trading as The Dog with a Bow Photography) (the “Photographer”

     

    and

     

    the "Customer"

     

  6. Creative Fee
  7. The Creative Fee is $250. It is due at the time of booking and is only refundable in accordance with this Agreement.
  8. The Creative Fee secures a date for your session, the Photographer’s time in photographing the dog (s), the editing of images for viewing in a personalised gallery, and an in-person consultation to review the images and assist with product selections.
  9. The Creative Fee is also fully redeemable against any of the three Product Collections detailed in this Agreement or Wall-Art Signature Products (barnwood framed, gallery wrapped canvasses and Acrylic Prints.)
  10. The Creative Fee covers up to 2 dogs with or without one of their humans. Additional dogs can be added for $50 each. Additional dog parents and human brothers and sisters can also be added for $50 each.
  11. No products are included in the Creative Fee but three Product Collections will be available at the in-person consultation as well as optional add on's to those Collections. The $250 Creative Fee is fully redeemable against these Collections.
  12. The Session will be up to 1.5 hours long, will take place in Calgary or Cochrane or Kananaskis Country and the Customer will have the choice of locations in these areas from the Photographer's list of locations.
  13. Alternative locations may be available for a surcharge at the Photographer's discretion.
  14. All fees in this Agreement are exclusive of taxes, which will be charged at the rate of 5%.
  15. All prices quoted in this Agreement, correspondence or invoices are in Canadian Dollars.
  16. 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.
  17. Image viewing and product ordering
  18. A personal gallery will be prepared in time for the in-person consultation.
  19. 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.
  20. All orders must be placed at this in-person consultation.
  21. 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.
  22. Every effort will be made to have products available within this time frame, and quicker where possible.
  23. After the session, at the in-person consultation, the Customer will have the option of the following Product Packages as well as individual Signature Products:
    1. The Omega Package - $995 ($745 after the redemption of the $250 Creative Fee) - a 16" by 24" Canvas OR 11" by 14" Barnwood Framed Image, 5 x 8" by 10" Mounted Prints and Digital Files (printable up to 8" by 12" of the 5 images chosen for the mounted prints.)
    2. The Beta Package - $1, 745 ($1, 495 after the redemption of the $250 Creative Fee) - a 24" by 36" Canvas OR 20" by 30" Barnwood Framed Image OR 20" by 30" Acrylic Print AND either 1) a deluxe engraved wooden image box containing 10 x 5" by 7" prints and Digital Files (printable up to 8" by 12" of the 10 images chosen for the wooden box OR 2) 10 x Digital Files (printable up to 8" by 12" and 10 x 8" by 10" mounted prints of the same 10 images.
    3. The Alpha Package - $2, 995 ($2, 745 after the redemption of the $250 Creative Fee) - ANY three of the following 1) a deluxe 10" by 10" Album (with 20 images), 2) a 24" by 36" Canvas, 3) a 20" by 30" Barnwood Framed Image or 4) 20" by 30" Acrylic Print, AND either 1) a deluxe engraved wooden image box containing 20 x 5" by 7" prints and Digital Files (printable up to 8" by 12" of the 20 images chosen for the wooden box OR 2) 20 x Digital Files (printable up to 8" by 12" and 20 x 8" by 10" mounted prints of the same 20 images.
  24. A number of digital files and mounted prints are included with the Omega, Beta and Alpha Product Collections (as above), and additional digital files and mounted prints can be added to those collections. 8" by 10" Mounted Prints including a high resolution Digital File of the same image (printable up to 16" by 24") are available for $125 each. As above, the $250 Creative Fee credit is not redeemable against Digital Files or Mounted Prints.
  25. For full details of additional products please refer to the Dog with a Bow Product Guide (available upon request.)
  26. To the extent that Digital Files are purchased, the Digital Files will be JPEG files, provided on a custom USB or electronically.
  27. Any prints or products are for personal (non-commercial) use only and shall not be used in any other manner, including but not limited to, submitting to contests, reproducing for commercial use or authorizing any reproductions by parties other than the Photographer. If the Photographer provides a further digital file print release, the Customer must act in accordance with that release as well as this Agreement.
  28. The Customer shall not be permitted to amend Digital Files or Images in any way. Amendments include but are not limited to cropping, re-editing, and applying filters. Customers may share or post images on social media provided the Photographer is credited and no amendments as detailed in this paragraph are conducted.
  29. The Session
  30. 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.
  31. 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.
  32. Cancellations
  33. If the Customer fails to attend the Session Date, this will be classed as a cancellation, and the Creative Fee will be forfeited.
  34. 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.
  35. 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.
  36. Vaccinations and Limitation of Liability
  37. The Customer confirms that all Dogs are up-to-date with all vaccinations, de-worming and other medication and treatments as required.
  38. 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.
  39. 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).
  40. 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).
  41. 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.
  42. 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.
  43. 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.
  44. In any event, the entire liability of the Photographer shall in no circumstance exceed the Creative Fee paid to the Photographer. Under no circumstances shall the Photographer be liable for general, consequential, incidental or special damages arising from this Agreement.
  45. No Licence without Signature
  46. No license is valid unless signed by the Photographer.
  47. 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.
  48. Reshoot
  49. 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.
  50. Modifications, Governing Laws and Modifications
  51. 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.
  52. This Agreement sets forth the entire understanding and agreement between the Photographer and the Customer regarding the Session.
  53. 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.
  54. The formation, interpretation, and performance of this Agreement shall be governed by the provincial laws of Alberta.
  55. 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.