Booking & licensing Agreement: Pet Photo Session

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    wendynesbitt.com
    [email protected]
    Victoria, BC 


    AGREEMENT OVERVIEW: In the following agreement, Wendy Nesbitt and Wendy Nesbitt | Photographs will herein be referred to as ‘the Photographer’. ‘The Client’ refers to the name(s) listed on the contract. ‘The Subject’ refers to the pet(s) being photographed as well as additional persons included in photos with the pet(s).

    CO-OPERATION: The Photographer agrees to be at the agreed upon date/time/location for the photo session and the Client agrees to the same. 
    The Client will notify The Photographer in writing should they want specific actions of The Subject captured, however, The Photographer shall not be responsible for photographs not taken or obtained as a result of Client and/or Subject’s reasonable participation or display of contrary behaviours.     
    The Photographer has the right to cancel the session due to public liability and/or health and safety concerns. 

    PAYMENTS: A non-refundable fee is due at booking which will reserve the agreed upon session date and time. The session fee balance is due the day before the session. Full payments for additional selects are due upon ordering and payments for printed products are due before orders submitted. 

    RESCHEDULE & CANCELLATION: 
    RE-SCHEDULE: I understand there are times we need to re-schedule things in our calendar. 7 or more days before your session, there is no charge to change it, however, this can only be done once, is dependent on availability, and the new date must be scheduled within 3 months of your original session date. Re-scheduling your session with fewer than 7 days notice, may require an additional retainer towards your session fee. If you are rescheduling due to illness, there will be no additional charge and your session will need to be re-booked within 30 days.
    ​CANCELLATION: No-shows and cancelling your session without reasonable notice, will result in the loss of any deposits or retainers paid to date. Any other payments made will become a studio credit which will be applied to any type of future pet photo session, booked within 3 months of the date of cancellation. 

    COPYRIGHT: Photographs produced by Wendy Nesbitt, in any and all formats, are protected by Copyright and remain the property of the Photographer. 

    CLIENT USAGE + LICENSE: Photographs created during your session include a Personal Use License and/or a Personal Print License  which means you may use images for personal printing and sharing only. Digital image files and any subsequent printed images or products provided can not be sold, traded, submitted to a call for use in any contest, calendar, or other material or publication whether print- or web-based, nor are they approved for AI use and/or AI training. Digital and/or printed images can not be used or reproduced for marketing or commercial purposes. Images may not be used in a way contrary to the original intention of the photo session without prior written consent by the Photographer.

    PHOTOGRAPHER USAGE: The Photographer reserves the right to publish photographs from the sessions for editorial, trade, advertising or any other commercial purpose. The Client hereby releases the Photographer and all associates and representatives from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to the Photographer’s use of said images.
    If the Client is concerned about sessions images being shared publicly, please notify the Photographer in writing in advance of session.

    ORDERS: The Client understands that prints and printed products are not included in the session fee. Included selects and additional orders must be placed within 30 days of your session. An additional fee may be added after 30 days.

    ARCHIVING & STORAGE: The utmost care is taken with respect to processing and storage of your  photographs/digital images, but Photographer can not and does not guarantee the photographs in digital or physical form against loss, theft, or other destruction or for reasons beyond the Photographer’s control. Please keep a secondary backup of your digital images as there may be a fee for providing subsequent requests of images.

    LIMITS OF LIABILITY: While on-site for agreed upon work, neither the Photographer nor the property owner is responsible for any damages or injury to client, their property or their pet. 

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    SESSION FEE, DATE, TIME, LOCATION: Noted in email.
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