We will always do our best to fulfill and hopefully even exceed your Beauty/Design/Photography needs. But it’s often best for everyone to have a few things written down so that we both know who, what, where, when and how.
As is the industry standard, all our photography is conditioned upon the Terms and Conditions of our business. These terms may vary with each assignment. You will always receive exact details in advance of your proposed assignment. A Terms and Conditions, which is not as ominous as it may sound, will be included with every estimate and invoice.
This Agreement is between Beauty/Personified (“Photographer/Makeup Artist”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
USAGE RIGHTS & OWNERSHIP
Client acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s) as per Bill C-11. The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated. Client will not use image(s) for advertisement or marketing purposes unless a Image License has been purchased.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified. The term of licence begins from the date Photographer receives full payment of invoice. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non- transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark. The use of any Image(s) will not constitute a work of joint authorship. This agreement will supersede any and all conversations regarding usage of image(s).
Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion. In the case that the client is permitted to use the images for self promotion purposes on social media platforms credit will be given to the photographer and makeup artist as follows:
Photographer: Rick Ikon (If Applicable)
Makeup Artist: Chrissy Marie (If Applicable)
To purchase image licensing please contact Rick Ikon, firstname.lastname@example.org.
Where the case occurs that copyright infringement occurs all parties in question will be granted a seven day grace period to purchase the appropriate image license(s) that the photographer has deemed reasonable. Failure to purchase a license in the first 7 days from date of notice will constitute as theft, Photographer will proceed with litigation for damages, all legal fees associated with the litigation as well as the licensing fees initially requested. If judgement is granted photographer retains the right to garnish wages, bank accounts & place liens on properties of the guilty parties.
Stealing isn’t cool & doing this will cost you a lot of money, so save yourself the headache & ask in detail before you decide to just use intellectual property.
Time is of the essence for receipt of full payment under this Agreement.
NO LICENSES ARE GRANTED UNLESS AND UNTIL BEAUTY/PERSONIFIED HAVE RECEIVED FULL PAYMENT.
UNLESS OTHERWISE AGREED, THE TOTAL AMOUNT OWING SHALL BE PAID IN FULL PRIOR TO THE DATE OF BOOKING. SHOULD THE CLIENT FAIL TO RECTIFY THE BALANCE OWING BY THE BOOKING DATE, ONE RESCHEDULE WILL BE GRANTED & A $100 NON SUFFICENT FUNDS (NSF) FEE WILL BE ADDED TO THE TOTAL AMOUNT OWING. FAILURE TO RECTIFY THE TOTAL AMOUNT OWING BY THE SECOND BOOKING DATE WILL BE DEEMED AS A CANCELLATION BY THE CLIENT & NO REFUND WILL BE GRANTED.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt. Photographer/Makeup Artist do not provide any receipts to Client. The invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
50% (of the total amount owing) non-refundable deposit is required for all assignment bookings that are not paid upfront and in full. The remaining 50% is to be paid in full prior to services being rendered. The client agrees to pay any and all outstanding amounts prior to the booking date or prior to the services being rendered.
Photographer / Makeup Artist offer NO REFUNDS for any of the provided services. Deposits are NON REFUNDABLE. In extreme circumstances if the client is unable to pay the remaining total due to acts of God, Beauty/Personified will adjust services rendered to match payments already received by the Client.
CANCELLATIONS and POSTPONEMENTS
To do our best work, we focus (no pun intended) on only one client per day. Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will not accept work from any other client for the same time(s) and date(s).
Where Client postpones or cancels an assignment, Photographer / Makeup Artist will offer a 14 Day window for rescheduling, should the client fail to reschedule within the 14 days, the assignment will be deemed as a cancelation and no refund will be issued.
A 35% penalty fee applies in addition to total amount owing for postponement, or cancellation, less than twenty-four hours from the scheduled time. Example: Mary purchased $100 worth of services and canceled less than 24 hours prior to the assignment date, therefore Mary’s new total is $135 which is to be paid in full prior to the assignment taking place.
A 50% penalty fee applies in addition to total amount owing for postponement, or cancellation, after Beauty/Personified has departed for location. Example: John purchased $100 worth of services and canceled after the photographer departed for the location, therefore John’s new total is $150 which is to be paid in full prior to the assignment taking place.
Unless previously agreed upon clients who arrive more than 120 minutes (4 Hours) late for their scheduled booking will be considered to have abandoned the booking, the booking will be deemed as default and no refund will be issued.
If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual assignment.
Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.
Client is responsible for sending an authorized representative to the shoot. If no representative is present, Client must accept Photographer’s judgment as to the creation of the Image(s).
If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.
If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, acts of God, or the fault of a third party, Photographer will not charge any additional fees outside from the additional quote.
FAILURE TO PERFORM
If Photographer/Makeup Artist are unable to preform services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer/Makeup Artist will attempt to procure the services of another professional to fulfill any obligations. If that does not succeed, Photographer/Makeup Artist will offer a reschedule free of charge with added services at no cost, Photographer/Makeup Artist will have no further liability with respect to this Agreement, and Photographer/Makeup Artist will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
ARCHIVING DIGITAL FILES
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of licence. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within one year after the expiration date of licence.
PHOTOGRAPHIC INTEGRITY & ALTERATIONS
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Any alteration or modification of any Image(s) will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
GENERAL LIABILITY & RELEASES
Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of any Image(s).
Photographer is not responsible for obtaining model, property, trademark, or other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image use that requires a release.
It is Client’s responsibility to determine whether any releases delivered by Photographer are suitable for Client’s purposes.
DIGITAL FILE QUALITY
Photographer is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
Photographer uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
ACCEPTANCE OF TERMS
Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Beauty/Personified, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E- mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of Canada and the Province of Ontario, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the district of Toronto, Ontario, Canada. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions. The Client agrees by default to the terms and conditions of this contract upon receiving any services provided by the photographer.
THIS CONTRACT ONCE DELIVERED SUPERSEDES ALL SOCIAL MEDIA CORRESPONDENCE AS WELL AS VERBAL AGREEMENTS BETWEEN PHOTOGRAPHER / MAKEUP ARTIST & CLIENT.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won’t affect the user’s experience that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
Users are able to change their personal information:
- By emailing us
- By calling us
How does our site handle do not track signals?
We honour do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioural tracking?
It’s also important to note that we do not allow third-party behavioural tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 18, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 18.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email within 7 business days.
We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.