Terms and Conditions
We will always do our best to fulfil and hopefully even exceed your 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. To continue with your booking, please press on the cart on the top right of the screen.
As is the industry standard, all our photography is subject to the terms and conditions of our services. By marking the checkbox on our website, you have accepted our terms and conditions. If you do not receive terms and condition document from us to sign, these will supersede any other agreement.
You may already have a relationship with an advertising agency, graphic design company, marketing agency or public relations agency. That’s great because we’re not any of those things. We produce quality images, and we’re happy to help you with any photo-related issues. Any advertising layouts, website design, graphic design, marketing or public relations campaigns will be directed to a 3rd party.
This agreement is between BusinessPortraits.ca & representative (“photographer”) and you (“client”) which includes client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter 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.
You are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Website Use License
Permission is granted to temporarily view one copy of the materials (information or software) on BusinessPortraits.ca's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. Modify or copy the materials;
ii. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. Attempt to decompile or reverse engineer any software contained on BusinessPortraits.ca's website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by BusinessPortraits.ca at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Website Use Disclaimer
a. The materials on BusinessPortraits.ca's website are provided on an 'as is' basis. BusinessPortraits.ca makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, BusinessPortraits.ca does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Website Limitations:
In no event shall BusinessPortraits.ca or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on BusinessPortraits.ca's website, even if BusinessPortraits.ca or a BusinessPortraits.ca authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Website Accuracy Of Materials
The materials appearing on BusinessPortraits.ca's website could include technical, typographical, or photographic errors. BusinessPortraits.ca does not warrant that any of the materials on its website are accurate, complete or current. BusinessPortraits.ca may make changes to the materials contained on its website at any time without notice. However, BusinessPortraits.ca does not make any commitment to update the materials.
6. Website Links
BusinessPortraits.ca has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BusinessPortraits.ca of the site. Use of any such linked website is at the user's own risk. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
7. Website Modifications
BusinessPortraits.ca may revise these terms of service for its website at any time without notice. By using this website, you agree to be bound by the then current version of these terms of service.
8. What We Do With Your Information
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
When you provide us with personal information to complete a transaction, verify your credit card, place an order or arrange for a delivery, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.
To withdraw consent. If you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
11. Payment Data
Your credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
12. Third Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
13. Google analytics
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not. _session_id, unique token, sessional, allows to store information about your session (referrer, landing page, etc.). _session_visit, no data held, Persistent for 30 minutes from the last visit, used by our website provider’s internal stats tracker to record the number of visits. _session_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer. cart, unique token, persistent for two weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional. storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access. PREF, persistent for a very short period, set by Google and tracks who visits the store and from where
16. Age of consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
18. Digital Files
Photographer is committed to providing high-quality services. 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. We do not provide raw files or all files; if you require additional images from the shoot, an additional fee will be applied per image. 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.
19. Image Retouching
Each image order will receive basic retouching which includes blemishes, bags under the eyes, teeth whitening, shine reduction, slight slimming, crop & colour. Every additional request would require an additional retouching fee. Image processing will take one week; any rush requests will require an additional rush fee.
20. 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 the license. 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) may be deleted or destroyed within six months after the photography session.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt. BusinessPortraits.ca invoice will serve as client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the client.
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 at the photoshoot, including but not limited to, acts of God, fire, strike, extreme weather, equipment failure, or the fault of a third party, the photographer will not charge an additional fee and client agrees to pay all expenses for the reshoot.
23. Failure to perform
If the photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, fire, strike, extreme weather, or any other cause beyond his control, then photographer will provide another day and time for his services with no additional charges, no refunds will be provided. Photographer 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 an image is lost or damaged through equipment malfunction, or otherwise, without the fault of the photographer.
24. Late Arrival To Appointment
Each appointment includes a designated amount of time and assumes the client will be on time and prepared for the shoot. The photographer will not wait more than 15 minutes and arriving late to your appointment will result in lost of session time. Your session will be cancelled if you arrive over 15 minutes after our scheduled start time. If you fail to show for your scheduled appointment or your session is lost due to tardiness the reschedule and cancellation fees will apply as well as all other production expenses.
Photographer is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the image(s) unless specifically stated in this agreement. It is client’s responsibility to obtain all necessary permissions for any image use that requires a release or other consents. Should photographer agree to deliver any releases, it is client’s responsibility to determine whether such releases are suitable for client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release. Client is responsible for providing parking, if parking is not available, client must cover the parking expense.
Any travel that is over 60KM in distance from our head office in Vaughan will require an additional travel fee of $75 per hour.
26. Additional Requests
Additional outfit changes will be charged a fee of $75 per outfit, the fee includes one high res retouched image.
27. Cancellations and Postponements
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). All cancellations and postponements must be done no later than 48 hours in advance of the agreed upon time. If you need to cancel or postpone the appointment within 48 hours of the agreed appointment, you will be required to pay an additional fee as follows: A. For three or fewer individuals to be photographed 75% of the invoice amount for the cancelled/postponed appointment. B. For four or more individuals 50% of the total invoice amount for the cancelled/postponed appointment.
If client postpones or cancels an assignment, client will pay all expenses incurred by photographer up to the time of postponement or cancellation, plus all fees for any subcontractors booked for the assignment, and If the same assignment is rescheduled for a later date by the client, client may only postpone the shoot twice, on the third time, client must repay a booking fee in full.
Group and quantity discounts apply only to a single day appointment, requirement for multiple days will disqualify the discounted rate, and remaining balance will be paid prior to the start of image retouching.
Any deposits or payments paid on booking become non-refundable for cancellation or postponement. Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. If a cancellation is required by the photographer, including but not limited to, acts of God, fire, strike, extreme weather, car accidents, or the fault of a third party, photographer will not charge an additional fee for a postponement.
All sales are final, BusinessPortraits.ca does not offer any refunds. You may only transfer your account balance to another person or company by submitting a written request to firstname.lastname@example.org. Please note that BusinessPortraits.ca will reserve the equipment, time, date and the photographer, will not make other reservations for that time and date. For this reason, the Invoice amount is non-refundable, even if the date is changed or cancelled for any reason, including acts of God, fire, strike, car accidents, and extreme weather.
29. Kill Fee
Provided that photographer has executed the photography assignment in a professional and competent manner, client agrees to pay photographer all fees and expenses in connection with the said assignment, whether or not client uses any image(s).
30. Safety General Liability and Releases
Due to the sensitive nature of our equipment, to ensure safety we require no pets or children to be within the vicinity of the photography area.
Photographer will take all reasonable care in the production of the image(s) and the performance of this agreement. But photographer will not be liable for any loss, damages, or costs, suffered by client, or by any third party, arising from client’s use of any image(s).
Client will indemnify, defend, and hold harmless, BusinessPortraits.ca, photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from client’s use of any image(s). Client is responsible for all damages occurred before, during & after events relating to their image production. The Photographer is not liable for any loss, damages, or costs, suffered by client, or by any third party, arising from the production process.
In any event, photographer’s liability for all claims will not exceed the total amount paid under this agreement. BusinessPortraits.ca or photographer are not liable for any loses that have occurred due to the cancelled photo session.
31. Photographic Integrity and 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 the photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping are permitted.
32. Usage Rights:
Client acknowledges that the photographer is the author of the image(s) and also the first and sole owner of all copyrights of the image(s). The image(s) and all copyrights remain the exclusive property of photographer without limitation, which includes rights to use, in any way, for any purpose, in any form thereof, for any use, in any format without any restriction. All usage rights to the image(s) specifically granted by the BusinessPortraits.ca and photographer to the client are for company or employer website, linkedin.com, business cards & internal company presentations only. No other electronic, publishing of any kind other than those mentioned is permitted unless specifically stated. Images are not sold. Any additional usage requirements of any kind would require an additional fee, which will be quoted by the photographer or BusinessPortraits.ca. Client understands and agrees that it is not buying the image(s) but is paying only for a license to use the image(s). Note that buying the copyright to the image(s) will always be much more expensive than any licensing fee. The term of license begins from the date photographer receives full payment of the 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, trademark or another service mark. The use of any image(s) by client 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 the photographer. Unless otherwise agreed, photographer retains the right to use the image(s) for his self-promotion in any format or platform. If client does not wish to have their images used by BusinessPortraits.ca, they may pay an image exclusivity fee of $350 per person per portrait sitting. No rights to images are granted until BusinessPortraits.ca has received full payment, including, if applicable, any late-payment charges. Unless otherwise agreed, the use of any image(s) prior to full payment will be considered unauthorized use. Client agrees that the reasonable and stipulated amount that will be paid to BusinessPortraits.ca for such unauthorized use will be a minimum of double the invoice total, unless BusinessPortraits.ca or the photographer provides another estimate. Where usage rights before full payment are granted, photographer reserves the right to rescind any such usage rights if client fails to make timely payment.
33. Credit Line and Copyright Notice:
Placement of a credit line or copyright notice is required only if specified by the photographer. If a credit line or copyright notice is required but not added, client agrees that the amount of double the invoice total is the fair and reasonable compensation that will be paid to photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line. Any additional image usage from what was agreed on (see usage rights above) will require an additional fee, which will be estimated by the photographer. All credit must be stated as “BusinessPortraits.ca” with a link to https://businessportraits.ca where applicable.
34. 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 BusinessPortraits.ca, 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 outlined in writing and signed by the parties. Checking the box online of acceptance of terms of service or payment for the booking will be considered legal and binding and acceptance of these terms. 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. This agreement constitutes the entire and only agreement between BusinessPortraits.ca and client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.