Terms & Conditions
Claudia Wyler Photography will not reserve a session date without payment of the retainer in full and a signed Photography Agreement.
RETAINER & SERVICE FEE:
A non-refundable retainer in the amount of $100.00 is due upon booking and is applied towards the total service fee plus any applicable travel fees. Final payment for your Photography services (any remaining balance) is due no later than the beginning of your session.
Claudia Wyler Photography accepts credit/debit cards, cash or electronic email transfers as forms of payment.
Travel is included for distances within 100 kilometers of zip code V2P 1Z7. For distances outside of the 100 kilometer radius, a travel fee of $2 per kilometer is applied. Additional travel fees may apply for sessions that require an overnight stay due to distance.
The retainers and fees discussed in this Agreement are based on Claudia Wyler Photography's standard price list. The price list is adjusted periodically, and the Client acknowledges that all future services and orders will reflect the new rates in effect at the time a new service is commissioned, or an order is placed.
Gift certificates, special offers, and other credits are non-transferable and are not redeemable for cash.
The Client acknowledges that they have viewed Claudia Wyler Photography's website and are familiar with Claudia Wyler Photography's shooting and editing style. The Client agrees that they will receive images reflecting the same shooting and editing style.
Claudia Wyler Photography will use their professional discretion when choosing the images for professional editing. The Client shall acknowledge that Claudia Wyler Photography discards any images that do not fit the Photographer's standards of quality. The Client agrees that Claudia Wyler Photography does not release RAW images under any circumstances.
The professional editing of images includes basic retouching and the post-processing of the images the Photographer has selected. Claudia Wyler Photography uses their professional discretion when choosing how to process the final images, and the Client will receive a mix of color and black and white final images. Extensive and additional editing requests to images will result in a charge of $20 per image, which must be paid in full before any image is re-edited.
Sneak Peeks are provided at the discretion of the photographer. Claudia Wyler Photography shall not be required to post any image from any session on their website, social media accounts, or any other digital or print media use to promote itself.
Claudia Wyler Photography will provide the Client with an online gallery at the clients request. Clients are encouraged to share their online gallery with family and friends. Online galleries will be available to the Client for 30 days, after which Claudia Wyler Photography will archive the images. If, for any reason, after the gallery is closed, the Client requests a reactivation of their gallery, Claudia Wyler Photography will invoice the Client for an Online Gallery Reactivation Fee in the amount of $50. Reactivated galleries will be made available for an additional 7 days for family sessions, and 30 days for weddings.
ORDERING & DELIVERY:
Items will be delivered to the Client within 4 weeks after the order is placed as long as the order has been paid for in full. Claudia Wyler Photography will deliver the images from the Client's session via a downloadable link within 3-4 weeks following the session. Albums and storybooks will be delivered to the Client within 4 weeks of design finalization.
Upon receipt of the digital images, the Client shall become responsible for archiving and protecting their digital images. Claudia Wyler Photography is not responsible for the lifespan of any digital media provided after the period of one year and is also not responsible for any future changes in digital technology or media readers that might result in the inability to read the media provided. It is the responsibility of the Client to make sure that digital images are copied to new media as required.
The Photographer is not responsible for the damage of portraits, USB sticks or albums after delivery to Client, including damage caused during transit by postal mail. The Client assumes all responsibility for the safety of all portraits, USB sticks and/or albums upon receipt.
The Client agrees that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases the Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
After one year, all images will be purged from the Photographer’s hard-drive and online backup system, except as needed for promotional purposes which will be determined by the Photographer at the Photographer’s sole discretion. The Photographer is not responsible for loss or damage to the digital files due to circumstances beyond the Photographer’s control.
The Photographer is not responsible for the damage of portraits or albums after delivery to Client, including damage caused during transit by postal mail. The Client assumes all responsibility for the safety of all portraits, USB sticks and/or albums upon receipt.
Claudia Wyler Photography grants permission to the Client to duplicate, in digital or print format, the digital images for personal use only. Permission is not granted to use any images for commercial purposes. Claudia Wyler Photography will also provide the Client with printing recommendations. The Client agrees that Claudia Wyler Photography is not responsible for print quality if the Client chooses not to follow Claudia Wyler Photography's printing recommendations.
Under Canadian Copyright Law, Claudia Wyler Photography retains the copyright to all images taken during the service provided. The Client agrees not to edit or alter the images in any way, including the removal of a watermark, without written permission from Claudia Wyler Photography.
The Client agrees to grant Claudia Wyler Photography the usage of any session images and/or video clips for the promotion of its business and services. These uses include, but are not limited to: blog posts, website usage, website promotion, marketing materials and promotion, professional publication, product demos, social media usage and promotion, and studio display.
COOPERATION & NO SHOWS:
The Photographer is not responsible if the Client and/or key individuals fail to appear or cooperate for the session and/or wedding, or for missed images due to details not revealed to the Photographer. The Photographer is also not responsible for any missed images due to non-cooperation of any key individuals participating in the session and/or wedding.
RESCHEDULING OF SESSION:
Claudia Wyler Photography allows the Client to reschedule their session one time, with the exception of inclement weather, travel restrictions, illness, and unforeseen circumstances. If the Client should need to reschedule their session, the Client agrees to contact Claudia Wyler Photography immediately by phone at 604-316-3225. After the reschedule allowance has been surpassed, the Client will have to complete the booking process for a new session at the standard portrait session rate in effect at the time, and all monies paid in respect to the their session will be forfeited by the Client. The Photographer reserves the right to reschedule the Client’s session at any time due to illness, weather, equipment malfunction or any other unforeseen circumstances and it will not count towards the Client’s reschedule allowance.
Claudia Wyler Photography requires that the Client reschedule their session if anyone in their household is ill to limit the spread of illness to other households. Claudia Wyler Photography will reschedule the Client’s engagement session if any illness occurs in the Photographer’s home for the same reason. Rescheduling due to illness does not apply towards the reschedule allowance.
If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of images meeting the Photographer’s artistic standards, the Photographer may elect to use an alternate location or to reschedule the engagement session. Claudia Wyler Photography does not reschedule sessions due to wind or overcast skies.
The Client agrees to take the responsibility of their own safety and the safety of all session participants before, during and after the portrait session, regardless of location. The Client agrees to hold Claudia Wyler Photography harmless in the case of an accident, injury, and other unforeseen circumstances. Claudia Wyler Photography reserves the right to terminate coverage at any time if the Photographer feels that their safety or well-being has been threatened.
The Client is responsible for ensuring a safe, harassment-free environment, and the appropriate behavior of all participants, guests, and vendors at the events and locations listed herein. If at any time while on location, the photographer experience(s) inappropriate, threatening, hostile, derogatory, offensive, or sexually suggestive behavior or advances from a participant, guest, family member, spectator, bystander, or vendor (including but not limited to physical threats, name calling, physical or verbal assault, sexual advances, requests for sexual favours, or any other verbal or physical conduct of an abusive, hostile, derogatory, threatening or sexual nature) then the following resolution process shall be followed:
- FIRST OCCURRENCE: A verbal notification will be conveyed to the client requesting immediate relief.
- SECOND OCCURRENCE: All photographic coverage will cease, and a request will be made that the offending person(s) be required to leave the event immediately, and not return for the duration of the event. Photographic coverage will resume only after the offending person(s) have vacated the premises.
- THIRD OCCURRENCE, OR IF OFFENDER(S) REFUSE(S) TO LEAVE THE PREMISES OR RETURN(S): Client will be deemed by Photographer to be in material breach of this Agreement. Claudia Wyler Photography will cease operations and vacate the premises immediately, resulting in cancellation of any remaining service(s) and delivery of any undelivered images or products to the client, without refund of any kind, and without obligation or liability on the part of the Photographer. Further, client agrees to relieve Photographer and hold Photographer harmless as a result of incomplete coverage.
REFUNDS & CANCELLATION:
Due to the nature of Photography and the type of services rendered, Claudia Wyler Photography does not offer refunds to Clients, with the exception of the circumstances listed below, in which Claudia Wyler Photography agrees to refund all monies paid for the commissioned service. Refund amounts shall not exceed a maximum amount of the collection chosen, plus any applicable taxes. Clients who choose to cancel Photography services with Claudia Wyler Photography for any other reason must do so in writing by signing a Cancellation of Contract Form in order to receive a refund. The retainer is non-refundable in the event of cancellation by the Client, but it is able to be applied to a new service at a later date. After a refund is provided, Claudia Wyler Photography shall have no further liability to the Client with respect to this Agreement.
1. Claudia Wyler Photography is not able to photograph the session due to unforeseen circumstances such as illness, and is not able to find a replacement photographer to provide the service.
2. Claudia Wyler Photography cannot perform this Agreement due to loss of equipment or acts of God.
3. Photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged rendering the photographic material unusable, without fault on the part of Claudia Wyler Photography.
RIGHT TO TERMINATE:
The Photographer reserves the right to terminate this Agreement upon discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies. Noncooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees will be returned, excluding the retainer, and the Photographer shall have no further liability to the Client with respect to this Agreement.
Reshoots are permitted at the Photographer’s discretion and only if the images from the session do not fit Claudia Wyler Photography’s standards of quality. Claudia Wyler Photography does not reshoot in the case of Client dissatisfaction with personal appearance, location, weather, lack of cooperation, the Client’s failure to follow the Photographer’s recommendations, or for any images missed by the Photographer. If a reshoot is granted for any reason, the Client’s original images will be deleted from the Photographer’s hard drive and online backup system and only the second set of images will become available to the Client.
LIMITATION OF LIABILITY:
In no event, regardless the circumstances, shall Claudia Wyler Photography be liable for consequential, emotional, third-party, punitive or any other damages, including attorney's fees, resulting from Claudia Wyler Photography's services or lack thereof. Claudia Wyler Photography shall only be held liable up to the total service fee paid by the Client in reference to this Agreement. Claudia Wyler Photography is not to be held responsible for any images missed due to family or friend interference, or due to lack of cooperation.
Although every possible care will be taken to produce photographs of all important and special moments during the session, the Photographer cannot place an unconditional guarantee on the above. The Client agrees that the Photographer does not guarantee that any specific image will be captured, or that any specific number of images will be delivered.
If either the Client or Claudia Wyler Photography is sued or otherwise subject to legal burdens or losses as a result of this Agreement and the actions of the other party to this Agreement, then the other party agrees to indemnify the burdened party.
This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date of this Agreement will be binding on the parties.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the entire agreement will be severable and remain in effect.
This Agreement may be modified by a subsequent agreement of the parties only by an instrument in writing signed by both Parties, or an oral agreement only to the extent that the Parties carry it out.
This is an Agreement between Parties: Claudia Wyler Photography, also referred to as the Photographer, and the Client named below for the reason of commissioning photography and/ or filming services.