Spirited Shutter Agreement
Agreement / Jurisdiction
This contract establishes that the Client engages Spirited Shutter (the Photographer) for portrait photography services. This agreement is governed by Ontario law, and the Client is responsible for collection and legal costs if enforcement becomes necessary.
Retainer and Payment
A non-refundable, non-transferable deposit reserves the session date. Full payment is due before or on the session date. Returned checks incur a $25 fee.
Pro-Bono and Charitable Projects
For unpaid work, payment sections don't apply, but additional services may be charged at current rates.
Cancellation
The retainer is retained. Fees may be applied to a new session within three months; after that, current pricing applies.
Reschedule
If rescheduled within three months, paid funds are credited. Otherwise, the session fee is forfeited.
Release of Liability
The Photographer is not liable for unforeseen circumstances including illness, accidents, or technical problems. Refunds are limited to amounts paid minus expenses. The Photographer assumes no liability for loss or damage of photographs.
Digital Media
Clients assume responsibility for archiving and protecting digital files. The Photographer doesn't permanently archive images or guarantee media longevity.
Pricing
Services not in the contract are priced at current rates when ordered.
Responsibilities
Genevieve Godin is the intended photographer but may send a substitute. Videographers and other vendors cannot obstruct the session or take still photos.
Indemnity
The Client indemnifies the Photographer and Artist from third-party claims regarding photograph ownership or use.
Coverage
Photography covers specified dates, locations, and hours. Additional time requires prior agreement and payment. The Photographer selects which photos are delivered.
Image Processing / Printing
Images may be color, black and white, or selectively colored. Additional color corrections require extra fees. Prints should be ordered through the Photographer or reputable labs.
Model Release
The Photographer retains irrevocable rights to use photographs for advertising, promotion, exhibition, or other lawful purposes and may grant use to third parties.
Copyright
All photographs are protected by Canadian copyright law. The Client waives claims to ownership, income, editorial control, and moral rights.
Reproduction
Clients may reproduce purchased high-resolution files for personal use only; files cannot be altered, sold, or published.
Artistic Style
The Photographer uses personal artistic judgment. Photos cannot be rejected on aesthetic grounds. If completely dissatisfied, a reshoot is offered at $25 per replacement image selected.
"I have read, understand and agree to the terms and conditions of this Agreement. The person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement."