Part 01. Introduction

01. Introduction and agreement formation

BusinessPortraits.ca is committed to delivering professional photography and related services for client needs. These Terms of Service ("Terms") establish a clear understanding of the terms and conditions governing the services provided by BusinessPortraits.ca and constitute a legally binding agreement between BusinessPortraits.ca ("Photographer," "Company,") and you ("Client," "you," or "your"), encompassing the Client's principals, employees, affiliates, and representatives.

1.1 Scope of services

These Terms apply to all services and products offered by BusinessPortraits.ca, including but not limited to: photography services (portraits, corporate headshots, environmental photography, architectural and interior photography); video services (video portraits, video editing); print products (prints, custom framing, physical goods); event services (corporate events, galas, conferences); and any other related services or products BusinessPortraits.ca may offer.

1.2 Formation of contract

A binding contract is formed when you: (a) check the "I accept the Terms of Service" checkbox on the BusinessPortraits.ca website and complete payment; (b) submit payment in response to an invoice or quote that references these Terms; or (c) proceed with a scheduled session or service after receiving documentation referencing these Terms. By taking any of these actions, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. In the event that you do not receive a separate document to sign, these Terms take precedence over any other agreement.

1.3 Authority to contract

If you are booking services on behalf of a company, organization, or other entity, you represent and warrant that you possess the legal authority to bind that entity to these Terms and to enter into this agreement on behalf of your employer, company, or organization. Both you personally and the entity shall be jointly and severally liable for all obligations under this agreement, including payment. The relationship between BusinessPortraits.ca and the Client is that of an independent contractor.

1.4 Subcontractors

BusinessPortraits.ca may engage subcontractors, including but not limited to photographers, videographers, assistants, retouchers, and other service providers, to perform services under this agreement. All work performed by subcontractors on behalf of BusinessPortraits.ca is subject to these Terms. BusinessPortraits.ca remains responsible for the delivery of services as described in the applicable quote or invoice.

1.5 Entire agreement

These Terms, together with any quote or invoice provided, constitute the entire agreement between the parties concerning its subject matter and supersede all prior agreements, understandings, and communications, whether oral or written. In the event of any conflict between these Terms and a specific quote or invoice, the terms of the quote or invoice shall prevail only with respect to the specific services described therein. The invoice may also reflect the Client's oral authorizations for additional services, fees, and expenses that could not be confirmed in writing due to the immediacy of the assignment.

1.6 Compliance with laws

By accepting these Terms, you agree to comply with all applicable laws and regulations and acknowledge your responsibility to adhere to any relevant local laws. The materials contained within the BusinessPortraits.ca website are protected by Canadian copyright law.

02. Definitions

"Basic Retouching" means minor blemish removal, under-eye bag reduction, teeth whitening, skin shine reduction, subtle slimming, flyaway hair control, cropping, and colour correction. The basic retouching package is limited to one hour per image; any additional requests incur an extra fee for further retouching.

"Business Day" means Monday through Friday, excluding statutory holidays in Ontario, Canada.

"Consecutive Booking" means a session booked and priced as a continuous engagement in which subjects are photographed in sequence, without interruption, from the scheduled start time through to completion.

"Image(s)" means any photographic or video material created by BusinessPortraits.ca under this agreement, including but not limited to still photographs, video, GIFs, or other visual media. This material may consist of transparencies, negatives, prints, or digital files, captured, recorded, stored, or delivered through analogue, photographic, optical, electronic, magnetic, digital, or other media formats.

"Proof Gallery" means the online gallery where the Client may view and select images from their session.

"Wait Time" means any period during a session in which BusinessPortraits.ca is ready and able to photograph but is prevented from proceeding by the Client or by subjects who are not present or not ready, including gaps between subjects during a Consecutive Booking.

Part 02. Service terms

03. Booking and payment

3.1 Website bookings

For bookings made through the BusinessPortraits.ca website, full payment is required at the time of booking to access the scheduling calendar. Upon successful payment, you will receive confirmation and a link to select your appointment time, followed by a confirmation email with a "How to Prepare" guide.

3.2 Invoice bookings

For bookings made via email with an invoice: (a) requested dates will be held for two (2) business days pending payment; (b) the hold expires automatically if payment is not received within this period; (c) upon payment, your appointment is confirmed. BusinessPortraits.ca is not obligated to extend holds beyond the stated period.

3.3 Deposits for projects over $5,000

For projects with a total value exceeding $5,000 CAD, a deposit of $5,000 CAD is required to confirm the booking. The remaining balance is due after the session, once the Client has submitted their image selections. Image editing will commence only after the remaining balance has been paid in full.

3.4 Payment terms

All payments are due as specified on the applicable invoice. Requests for adjustments to invoice amounts must be made within ten (10) days of invoice receipt. The Client is responsible for any bank transfer fees, transaction fees, or currency conversion costs associated with payment. No image rights are granted until full payment is received.

3.5 Taxes

All prices are subject to applicable taxes, including HST, unless explicitly stated otherwise on a quote or invoice.

04. Supplementary services and fees

Any services, products, materials, or expenses beyond the scope of the base package as described in the quote or invoice will incur additional fees. This includes any items, services, or costs requested by the Client or required to complete the assignment. Payment for supplementary services and expenses must be made before image or video processing begins, or as otherwise agreed in writing.

05. Cancellation and rescheduling

5.1 Client cancellation

All payments made at the time of booking are non-refundable. Cancellation of a confirmed booking does not entitle the Client to a refund under any circumstances, including unforeseen events, illness, or force majeure. The Client may transfer their booking credit to another individual or company by contacting BusinessPortraits.ca prior to the scheduled appointment.

5.2 Rescheduling with 48+ hours notice

Rescheduling requests made at least forty-eight (48) hours before the scheduled appointment may be accommodated at no additional charge, subject to availability. Rescheduling requests must be made in writing via email to info@businessportraits.ca.

5.3 Rescheduling with less than 48 hours notice

If the Client requests to reschedule within forty-eight (48) hours of the scheduled appointment, a rescheduling fee applies. Sixty-five percent (65%) of the original payment is forfeited, and thirty-five percent (35%) is retained as a credit toward a future booking. Credits do not expire and may be transferred to another individual or company. When booking a new appointment, full payment is required; the credit will be applied to reduce the amount owed.

See also

Sections 5.1–5.4 are restated in plain language in the standalone Booking & Cancellation Policy.

5.4 Rescheduling limits

Clients may reschedule a booking a maximum of two (2) times. A third rescheduling attempt requires full payment of the original booking fee as a new booking.

5.5 Photographer cancellation

If BusinessPortraits.ca must cancel due to illness, emergency, equipment failure, acts of God, extreme weather, or other circumstances beyond reasonable control, the appointment will be rescheduled at no additional cost to the Client. No refunds will be issued in such cases.

5.6 Incurred costs

Where BusinessPortraits.ca has incurred non-recoverable third-party costs for a booking, including but not limited to equipment rental, venue fees, travel bookings, or subcontractor commitments, those costs are the responsibility of the Client and are due in full even if the Client cancels before the session, and even where they exceed any amounts already paid.

06. Punctuality and no-shows

6.1 Client punctuality

Each appointment is allocated a specific duration, with the expectation that Clients will arrive on time and be ready at the scheduled start time. BusinessPortraits.ca will wait no more than fifteen (15) minutes beyond the scheduled start time.

6.2 Late arrival

If a Client arrives more than fifteen (15) minutes late, BusinessPortraits.ca reserves the right to: (a) proceed with an abbreviated session within the originally scheduled time slot; or (b) treat the appointment as a no-show and cancel the session, particularly if subsequent bookings would be affected. The decision of BusinessPortraits.ca shall be final and will depend on the day's scheduling constraints.

6.3 No-show

If the Client fails to appear for a scheduled appointment without prior notice (a "no-show"), the entire payment is forfeited. No refund, credit, or rescheduling will be provided for no-shows.

6.4 Continuous booking and wait time

Sessions, including group and multi-subject Session Days, are booked and priced as a continuous, consecutive engagement. BusinessPortraits.ca photographs subjects in sequence with the expectation of uninterrupted shooting from the scheduled start time through to completion. The Client is responsible for ensuring that all subjects are present, prepared, and available to be photographed in turn so that the session proceeds without interruption. Any period during which BusinessPortraits.ca is ready to photograph but cannot proceed, including delays caused by subjects who are not ready, gaps between subjects, or interruptions introduced by the Client, is billed as wait time. Notwithstanding the fifteen (15) minute allowance in Section 6.1, which applies only to the start of an appointment, wait time under this Section 6.4 applies to delays arising after the session has commenced. Wait time is billed as a supplementary fee under Section 4, in [fifteen (15)] minute increments, and forms part of the final balance payable before image retouching commences. Wait time is additional to the booked session window and does not extend it.

07. Group and volume discounts

Group and volume discounts, as stated on any quote, are calculated based on the number of individuals photographed per day. Discount rates are applied separately to each day's headcount. Single-person bookings do not qualify for group discounts. If an assignment spans multiple days with varying headcounts, each day's discount rate is determined independently based on that day's number of participants. If the final headcount differs from the quoted amount, the discount rate will be adjusted accordingly, and the Client must pay the remaining balance before image retouching services commence.

08. Session requirements

8.1 On-location requirements

The Client is responsible for providing suitable parking during the session. If parking is unavailable, the Client must cover any parking expenses incurred by BusinessPortraits.ca. For travel exceeding 60 km from downtown Toronto, an additional travel fee applies as quoted.

8.2 Venue permissions

The Client is responsible for confirming that the chosen location permits professional photography, including the use of flash equipment, lighting stands, backdrops, and other photography equipment. If the venue restricts or prohibits photography equipment and the session cannot proceed as planned, the Client remains responsible for the full payment, and standard cancellation and rescheduling policies apply.

8.3 Client representative

Clients are advised to assign an authorized representative to be present during the session. In the absence of a representative, the Client agrees to trust the expertise and creative judgment of BusinessPortraits.ca in producing the images. For group and multi-subject sessions, the representative is responsible for keeping subjects queued and ready to be photographed in sequence so the session proceeds without interruption. Idle time arising from subjects who are not ready is billed as wait time under Section 6.4.

8.4 Safety requirements

To ensure safety and protect sensitive equipment, no pets or children are permitted near the photography area during sessions.

8.5 Releases and permissions

BusinessPortraits.ca is not responsible for obtaining model releases, property releases, trademark permissions, copyright clearances, or any other consents required for the Client's intended use of the Images unless a separate written agreement is provided. The Client is solely responsible for obtaining all necessary permissions and ensuring that their use of the Images complies with all applicable laws and third-party rights. If BusinessPortraits.ca agrees to provide any releases, the Client must ensure their suitability for the intended purposes; BusinessPortraits.ca offers no warranty or guarantee regarding the legal validity of any release.

8.6 Professional conduct and right to terminate

The Client and all individuals associated with the booking are expected to conduct themselves in a professional and respectful manner toward BusinessPortraits.ca staff, photographers, and subcontractors throughout the entire business relationship, including all communications before, during, and after any session. BusinessPortraits.ca reserves the right to terminate this agreement and cease all work at any time if, in its sole judgment, the behaviour of the Client or any associated individual is abusive, threatening, harassing, discriminatory, excessively demanding, or otherwise creates conditions that are not conducive to a professional working relationship. This includes, but is not limited to, verbal or written abuse, threats, intimidation, or any conduct that BusinessPortraits.ca deems inappropriate.

In the event of termination under this section, no refund will be issued regardless of the stage of the project, and the Client remains responsible for the full payment. BusinessPortraits.ca is under no obligation to continue providing services, deliver completed or unfinished work, or maintain archived files for terminated Clients.

09. Public health and safety compliance

During public health emergencies, including but not limited to pandemics or epidemics, BusinessPortraits.ca will implement safety protocols in accordance with applicable government guidelines and regulations. Clients and all individuals attending the session are required to comply with any safety measures in place, which may include but are not limited to mask-wearing, physical distancing, health screening, sanitation procedures, or other precautionary measures as mandated by government authorities or implemented by BusinessPortraits.ca.

Non-compliance with safety protocols will result in the immediate cancellation of the scheduled session. In such cases, BusinessPortraits.ca will promptly depart, and no refund will be issued. The Client remains responsible for the full payment as if the session had been completed.

10. Image delivery and selection

10.1 Proof gallery

Following the session, the Client will receive access to an online Proof Gallery to view and select images. The Proof Gallery will remain accessible for ninety (90) days from the date of delivery.

10.2 Gallery expiration warning

Approximately thirty (30) days before expiration, the Client will receive an email reminder that the gallery will expire.

10.3 Gallery deletion

At the end of the ninety (90) day period, the Proof Gallery will be automatically deleted. If the Client requires additional time, they must contact BusinessPortraits.ca before expiration to request a gallery extension of an additional ninety (90) days. BusinessPortraits.ca is not obligated to restore galleries after deletion and assumes no liability for images not selected before gallery expiration.

10.4 Standard delivery times

BusinessPortraits.ca standard delivery timeline is as follows: the Proof Gallery is delivered within two (2) business days of the session; retouched images are delivered within eight (8) business days of image selection. For bookings of eight (8) or more individuals, retouched images are delivered within ten (10) business days of image selection. These timelines are estimates and are not guarantees. Corporate Subscription Plan members receive expedited delivery times as specified in Section 15. Expedited delivery for non-subscribers is available for an additional rush fee as quoted.

10.5 Digital file specifications

Images are delivered in JPG format unless an alternate format is requested and agreed upon. Images are provided in colour unless an alternate format (such as black and white) is requested and agreed upon before the final images are processed. If the Client requests both colour and black and white versions of the same image, each version is counted as a separate image. Images will be encoded in an industry-standard data format and colour space as selected by BusinessPortraits.ca at a resolution deemed suitable for the intended reproduction technology and usage. BusinessPortraits.ca photographers utilize professionally colour-calibrated cameras and monitors that adhere to publishing industry standards. Due to variations in monitors, software, and hardware platforms, images may appear differently on different devices. The Client is responsible for confirming that digital files meet their expected reproduction quality and colour accuracy standards and for taking the necessary steps to guarantee accurate reproduction.

10.6 Raw files

BusinessPortraits.ca does not provide raw files or all files from the session. If additional images are requested beyond those included in the package, a separate fee applies per image.

11. Print products and physical goods

11.1 Print orders

BusinessPortraits.ca offers print products including prints in various sizes, custom framing, and other physical products. Print specifications, sizes, and pricing are provided at the time of order.

11.2 Third-party fulfillment

Print orders may be fulfilled and processed by third-party professional photo labs. BusinessPortraits.ca selects reputable labs that meet professional quality standards; however, BusinessPortraits.ca cannot guarantee the output quality of third-party labs. Any returns, reprints, or refunds related to print orders fulfilled by third-party labs are subject solely to the return and refund policies of the respective lab.

11.3 Colour variations in prints

Due to differences between digital displays and physical print media, as well as variations between printing equipment, slight colour differences between digital proofs and final printed products are normal and expected. BusinessPortraits.ca is not liable for minor colour variations inherent to the printing process.

11.4 Shipping

Shipping fees for print products are charged separately as quoted. Risk of loss or damage transfers to the Client upon delivery to the shipping carrier. BusinessPortraits.ca is not liable for delays, loss, or damage caused by shipping carriers.

11.5 Custom framing

Custom framing services, including frame style, mat selection, and glass type, are provided as quoted. Custom framing orders are final sale and non-refundable once production begins.

12. Reshoot policy

If the Client requests a reshoot, an additional fee equal to one hundred percent (100%) of the original session fee, as stated in the quote or invoice, plus all related expenses, will be charged. If a reshoot becomes necessary due to factors beyond the control of BusinessPortraits.ca during the initial session (such as acts of God, fire, strike, extreme weather, equipment failure, or third-party faults), no additional session fee will be charged, but the Client agrees to cover all expenses associated with the reshoot.

13. Copyright and intellectual property

13.1 Ownership

BusinessPortraits.ca is the author and sole owner of all copyrights in the Images. All copyrights, including rights to use the Images in any manner or form worldwide, remain the exclusive property of BusinessPortraits.ca. The Client acknowledges that they are not purchasing the Images; the Client is purchasing a license to use the Images as specified in these Terms. The Client's use of Images does not constitute joint authorship.

13.2 License grant to client

Upon full payment, the Client is granted a non-exclusive, non-sublicensable, non-transferable license to use the Images. Unless otherwise specified in the quote or invoice, the license grants the Client open usage rights, permitting use of the Images for any lawful purpose, including but not limited to: commercial and advertising use; print and digital media; websites and social media platforms; marketing materials; internal and external presentations; and any other professional or personal use. The license term commences from the date of full payment. Images may not be resold or sublicensed to third parties.

13.3 Client modifications

The Client may edit, modify, crop, apply filters, or otherwise alter the Images for their intended use. However, once the Client or any third party modifies the Images, BusinessPortraits.ca is not responsible for the quality, appearance, or integrity of the modified Images. Any modified Images remain subject to the copyright ownership of BusinessPortraits.ca.

13.4 Photographer's portfolio rights

BusinessPortraits.ca retains the right to use any Images for portfolio, marketing, advertising, website display, social media, trade publications, and other promotional purposes. BusinessPortraits.ca may also display the Client's name, position, and employer (as publicly available on LinkedIn or the company website) alongside the Images. BusinessPortraits.ca may showcase Images to website visitors to maintain services at a competitive price point.

Opt-out path · Image exclusivity

Clients who wish to opt out of portfolio usage may purchase image exclusivity for $472.98 CAD per person per session. Exclusivity removes the session from all portfolio, marketing, and competitive-pricing rotations.

13.5 Unauthorized use

No image rights are granted until full payment is received. Unauthorized use of Images before full payment may result in a penalty of no less than double the invoice total. If usage rights are granted before payment is complete, BusinessPortraits.ca reserves the right to rescind such rights immediately upon late payment.

14. Digital file storage and archiving

14.1 Archive period

BusinessPortraits.ca will archive the Client's Images for a period of five (5) years from the date of the session at no additional charge. During this period, the Client may request access to their archived Images.

14.2 Extended archiving

Extended archiving beyond five years is available through an annual subscription service. Details and pricing are available upon request. Without an active subscription, all digital files created by or on behalf of the Client may be deleted or destroyed after the five-year archive period.

14.3 Client responsibility

Notwithstanding the archiving service, the Client remains solely responsible for securely storing and archiving their licensed Images for the duration of the license term. The Client hereby acknowledges and agrees to release and hold harmless BusinessPortraits.ca and its contractors, subcontractors, and representatives from any liability, claims, damages, or costs arising from the loss, corruption, deletion, or inability to access or use archived or provided media and digital files.

15. Corporate subscription plans

15.1 Definitions

In addition to the definitions set out in Section 2 of these Terms, the following definitions apply to this Section 15:

"Account Credit" means the additional monetary value added to the Subscriber's account by BusinessPortraits.ca as a benefit of the Subscription, calculated as a percentage of the Prepaid Amount based on the applicable plan tier and payment structure.

"Complimentary Rush Delivery" means a rush image processing service included at no additional charge as part of the Subscription, subject to the limits specified in the applicable plan tier.

"Credit" means the monetary value available in the Subscriber's account for use toward any BusinessPortraits.ca services, calculated as the sum of the Prepaid Amount and the Account Credit.

"Credit Balance" means the remaining unused Credit in the Subscriber's account at any given time.

"Prepaid Amount" means the total dollar amount committed and paid by the Subscriber for the Subscription Term.

"Session" means a single scheduled photography appointment at a single location on a single day.

"Session Day" means a calendar day on which one or more Sessions are conducted.

"Subscriber" means the Client who enters into a Subscription with BusinessPortraits.ca.

"Subscription" means a 12-month prepaid corporate photography service plan as described in this Section 15.

"Subscription Term" means the 12-month period commencing on the date of the first payment received by BusinessPortraits.ca.

15.2 Subscription plans and tiers

BusinessPortraits.ca offers three Subscription tiers. The Subscriber's tier is determined by the total Prepaid Amount committed for the Subscription Term.

Essential · $5,000+ CAD

Annual payment Account Credit: 10%. 5-business-day retouch delivery. 3 Complimentary Rush Deliveries at the 2-business-day tier. Same-business-day email response. Custom scheduling page. Custom brand-tailored "How to Prepare" guide.

Growth · $15,000+ CAD

All Essential benefits, plus: Account Credit 15% annual or 7.5% quarterly. 5 Complimentary 24-hour Rush Deliveries. 5-business-day priority booking. 24-hour penalty-free rescheduling. Quarterly account reviews. On-demand new-hire sessions. Dedicated account manager. Annual style-guide refresh. Corporate event coverage.

Enterprise · $30,000+ CAD

All Growth benefits, plus: Account Credit 20% annual or 10% quarterly. 3-business-day standard retouch delivery. 4 same-day Complimentary Rush Deliveries. 48-hour priority booking. Priority editing queue. 25% credit-rollover ceiling (Enterprise only). Annual content planning and visual audit. GTA multi-location coordination at no logistics fee. Express pricing for groups of 30+. Video portrait and production (quoted separately).

15.2.1 Essential Plan

Annual Commitment: $5,000 CAD and above

Account Credit: (i) Annual payment (full upfront): 10% of the Prepaid Amount.

Included Benefits: (a) 5-business-day delivery for retouched images (standard non-subscriber delivery is 8 business days); (b) 3 Complimentary Rush Deliveries per Subscription Term at the 2-business-day rush tier, each applicable to a single retouched image; (c) Same-business-day email response to inquiries submitted during business hours; (d) A custom scheduling page for use by the Subscriber's employees and representatives; (e) A custom "How to Prepare" and style guide tailored to the Subscriber's brand, industry, and dress code norms, suitable for distribution to the Subscriber's employees.

15.2.2 Growth Plan

Annual Commitment: $15,000 CAD and above

Account Credit: (i) Annual payment (full upfront): 15% of the Prepaid Amount; (ii) Quarterly payment: 7.5% of the Prepaid Amount.

Included Benefits: All benefits of the Essential Plan (Section 15.2.1), plus: (f) 5 Complimentary Rush Deliveries per Subscription Term at the 24-hour rush tier, each applicable to a single retouched image; (g) Priority booking within 5 business days of the Subscriber's request, subject to Section 15.6; (h) Priority rescheduling with at least 24 hours' notice without incurring the rescheduling penalty described in Section 5.3, subject to the conditions in Section 15.6.2; (i) Quarterly follow-ups to coordinate upcoming Sessions, review account usage, and address the Subscriber's evolving needs; (j) On-demand new hire sessions at the Subscriber's office location; (k) A dedicated account manager as the Subscriber's primary point of contact; (l) Annual refresh of the style guide to reflect any changes in the Subscriber's brand guidelines or preferences; (m) Corporate event coverage.

15.2.3 Enterprise Plan

Annual Commitment: $30,000 CAD and above

Account Credit: (i) Annual payment (full upfront): 20% of the Prepaid Amount; (ii) Quarterly payment: 10% of the Prepaid Amount.

Included Benefits: All benefits of the Growth Plan (Section 15.2.2), plus: (n) 3-business-day standard delivery for retouched images; (o) 4 Complimentary Rush Deliveries per Subscription Term at the same-day rush tier, each applicable to a single retouched image (same-day rush must be scheduled in advance at the time of Session booking); (p) 48-hour priority booking for urgent Session requests, subject to Section 15.6; (q) Priority editing — the Subscriber's retouching jobs are prioritized ahead of standard non-subscriber processing; (r) Credit rollover — a maximum of 25% of unused Credit may be carried forward to the subsequent Subscription Term, subject to Section 15.4.4; (s) An annual content planning session to map the Subscriber's photography needs for the upcoming year; (t) An annual visual audit with recommendations for consistency and quality improvements; (u) Multi-location Session coordination across the Greater Toronto Area at no additional logistics fee; (v) Access to express package pricing for groups of 30 or more individuals per Session Day (standard express package minimum is 50 individuals); (w) Video portrait and production services, quoted and invoiced separately per project.

15.3 Payment terms

15.3.1 Annual Payment: The Subscriber may pay the full Prepaid Amount at the commencement of the Subscription Term. Upon receipt of payment, the full Credit (Prepaid Amount plus Account Credit at the annual rate) will be applied to the Subscriber's account.

15.3.2 Quarterly Payment: Growth and Enterprise Subscribers may elect to pay the Prepaid Amount in four equal quarterly installments. The first installment is due at the commencement of the Subscription Term, with subsequent installments due every 90 calendar days thereafter. Under quarterly billing, the Account Credit is calculated at the quarterly rate for the applicable tier. If the Subscriber fails to make a quarterly payment within 15 business days of the due date, BusinessPortraits.ca reserves the right to suspend Subscription benefits until payment is received, or to terminate the Subscription in accordance with Section 15.8.4.

15.3.3 Non-Refundable: All payments toward the Subscription are non-refundable, consistent with Section 5.1 of these Terms. The Prepaid Amount represents a commitment to a 12-month service relationship and is not contingent on the Subscriber's usage of Credit during the Subscription Term.

15.4 Credit usage

15.4.1 Scope of Use: Credit may be applied to any service offered by BusinessPortraits.ca, including but not limited to: individual portrait sessions, group sessions, add-on services, rush services, print products, and any other service listed on the BusinessPortraits.ca website or quoted by BusinessPortraits.ca. Event coverage is available for Growth and Enterprise Subscribers. Video production services are excluded from Credit usage and are invoiced separately.

15.4.2 Pricing: All services are charged at BusinessPortraits.ca's standard published rates at the time of booking. Standard group discounts, as described in Section 7 of these Terms, apply to Subscription bookings. The discounted rate is the amount deducted from the Subscriber's Credit Balance.

15.4.3 Credit Expiration: Unless otherwise specified, all unused Credit expires at the end of the Subscription Term. Expired Credit is forfeited and is not refundable.

15.4.4 Credit Rollover (Enterprise Plan Only): Enterprise Subscribers may carry forward a maximum of 25% of their unused Credit to the next Subscription Term, provided that the Subscription is renewed. Rolled-over Credit must be used within the subsequent Subscription Term. Credit may only be rolled over once.

15.4.5 Exceeding Credit Balance: If the Subscriber's Credit Balance is depleted during the Subscription Term, the Subscriber may continue booking services at a discounted rate equal to the Account Credit percentage for their plan tier and payment structure. For example, an Essential Subscriber who paid annually (10% Account Credit) would receive 10% off BusinessPortraits.ca's standard published rates for all additional bookings made after their Credit Balance reaches zero. Standard group discounts as described in Section 7 apply first; the Subscriber's tier discount is then applied to the group-discounted rate. This discount applies only to bookings made during the active Subscription Term. All additional bookings beyond the Credit Balance are invoiced at the time of booking or as otherwise agreed in writing. Subscriber benefits and perks remain active for the remainder of the Subscription Term regardless of Credit Balance.

15.4.6 No Cash Value: Credit has no cash value and may not be redeemed for cash, transferred to another party, or applied to outstanding invoices unrelated to the Subscription.

After Credit Balance hits zero

You may keep booking at a discount equal to your tier's Account Credit percentage (e.g., Essential annual: 10% off published rates), applied on top of any Section 7 group discount. Subscriber perks stay active for the rest of the term regardless of Credit Balance.

15.5 Group discounts and multi-day projects

Standard group discounts are calculated based on the number of individuals photographed per Session Day, consistent with Section 7 of these Terms. If a project involves multiple Session Days, each Session Day's group discount is determined independently based on that day's participant count.

15.6 Booking and scheduling

15.6.1 Priority Booking: Growth Subscribers receive priority booking within 5 business days of their request. Enterprise Subscribers receive 48-hour priority booking for urgent needs. These guarantees are subject to standard Session requirements within the Greater Toronto Area and requests made during business hours. Force majeure events as described in Section 19 are excluded.

15.6.2 Session Cancellation and Rescheduling: Except where modified by this Section 15, the cancellation and rescheduling provisions of Sections 5 and 6 apply to all Subscription Sessions. Growth and Enterprise Subscribers may reschedule with at least 24 hours' notice without penalty, provided the new Session is booked within 14 calendar days.

15.7 Image delivery and rush services

Standard Delivery Times: Non-Subscribers: Proof gallery within 2 business days; retouched images within 8 business days. Essential and Growth Subscribers: Proof gallery within 2 business days; retouched images within 5 business days. Enterprise Subscribers: Proof gallery within 2 business days; retouched images within 3 business days.

Each plan tier includes a specified number of Complimentary Rush Deliveries per Subscription Term as detailed in Section 15.2. Unused Complimentary Rush Deliveries expire at the end of the Subscription Term and do not roll over.

15.8 Subscription term, renewal, and termination

15.8.1 Subscription Term: The Subscription Term is 12 months commencing on the date of the first payment received by BusinessPortraits.ca.

15.8.2 Automatic Renewal: The Subscription will automatically renew for successive 12-month terms unless either party provides written notice of non-renewal at least 60 calendar days prior to the end of the current Subscription Term. BusinessPortraits.ca will send a renewal reminder at least 90 calendar days before expiration.

15.8.3 Early Termination by Subscriber: If the Subscriber wishes to terminate early: Months 1–6: A termination fee equal to 50% of the remaining Prepaid Amount. Months 7–9: A termination fee equal to 25% of the remaining Prepaid Amount. Months 10–12: No termination fee. Upon early termination, any unused Credit is forfeited.

15.8.4 Early Termination by BusinessPortraits.ca: BusinessPortraits.ca may terminate the Subscription if the Subscriber breaches any provision of these Terms, fails to make quarterly payment within 15 business days, or if conduct warrants termination under Section 8.6.

15.8.5 Plan Upgrade: The Subscriber may upgrade to a higher tier at any time by paying the difference between the current Prepaid Amount and the new tier's minimum commitment. The Account Credit will be recalculated based on the new total.

15.9 90-Day Pilot Program

BusinessPortraits.ca may offer a 90-Day Pilot Program to prospective Subscribers who wish to experience subscriber-level service before committing to a full annual Subscription. Pilot availability, pricing, and terms are quoted on a per-client basis. If the Subscriber converts to a full annual Subscription within 30 days of the pilot period's conclusion, 100% of the amount paid during the pilot will be applied as Credit toward the first Subscription Term.

15.10 Formation of Subscription contract

A Subscription contract is formed when the Subscriber: (a) signs a Subscription Agreement referencing this Section 15 and submits payment; or (b) submits payment in response to an invoice or quote that references this Section 15 and the BusinessPortraits.ca Terms of Service. Payment of a Subscription invoice constitutes acceptance of all terms in this Section 15 and the Terms of Service in their entirety.

Part 03. Legal protections

16. Limitation of liability

16.1 Maximum liability

In the event of total photographic failure or any other breach by BusinessPortraits.ca, the maximum liability of BusinessPortraits.ca shall not exceed fifty percent (50%) of the amounts actually paid by the Client under the applicable invoice or booking. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

16.2 Exclusion of consequential damages

Under no circumstances shall BusinessPortraits.ca be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits; loss of business opportunities; business interruption; loss of goodwill; costs of substitute services; or any other intangible losses, even if BusinessPortraits.ca has been advised of the possibility of such damages.

16.3 Technical limitations

BusinessPortraits.ca shall not be liable for any issues related to poor reproduction quality, colour variations between devices, delays, losses, expenses, or consequential damages arising directly or indirectly from defects or errors in digital files, equipment malfunction, file corruption, or circumstances beyond the reasonable control of BusinessPortraits.ca.

16.4 Third-party services

BusinessPortraits.ca services may employ third-party software and services for image enhancement, processing, and other functions. Any data usage by these providers is governed solely by their respective policies. BusinessPortraits.ca disclaims liability for the acts, omissions, and conduct of any third parties connected to or related to the Client's use of BusinessPortraits.ca services.

16.5 Completion of services

In the event that BusinessPortraits.ca has completed the assignment professionally and competently, the Client agrees to compensate BusinessPortraits.ca for all fees and expenses related to the assignment, regardless of whether the Client chooses to use any of the produced Images.

17. Indemnification

The Client agrees to indemnify, defend, and hold harmless BusinessPortraits.ca, its contractors, employees, and representatives from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) the Client's use of any Images; (b) any breach of these Terms by the Client; (c) any misrepresentation by the Client, including misrepresentation of authority, professional credentials, or identity in connection with the Images; (d) any third-party claims related to the Client's use of the Images, including but not limited to claims of fraud, misrepresentation, defamation, or unauthorized use of likeness; or (e) any claims arising from the Client's failure to obtain necessary releases or permissions for their intended use of the Images.

18. Safety and general liability

BusinessPortraits.ca will exercise reasonable care in creating the Images and fulfilling this agreement. BusinessPortraits.ca shall not be held liable for any loss, damages, or costs incurred by the Client or any third party resulting from the Client's use of any Images. The Client assumes responsibility for any damages occurring before, during, and after events related to their image production. BusinessPortraits.ca is not responsible for any losses incurred due to a cancelled session.

19. Force majeure

Neither party shall be liable for any failure or delay in performing their obligations under this agreement due to circumstances beyond their reasonable control, including but not limited to: acts of God; natural disasters; fire; flood; extreme weather; pandemic, epidemic, or public health emergency; government actions, orders, or restrictions; war; terrorism; civil unrest; strikes or labour disputes; power failures; internet or telecommunications outages; transportation disruptions; or equipment failure not caused by negligence. In such events, the affected party shall notify the other party promptly, and the parties shall work together in good faith to reschedule services at no additional charge to the Client. No refunds will be issued for force majeure events.

20. Dispute resolution

20.1 Governing law

This agreement is a contract governed by the laws of Canada and the Province of Ontario and shall be interpreted entirely in accordance with these laws, without regard to conflicts of law principles.

20.2 Jurisdiction

The Client specifically and irrevocably submits to the exclusive personal jurisdiction of the courts located in Toronto, Ontario, Canada for any disputes arising from or related to this agreement.

20.3 Legal costs

The Client agrees to cover all court costs, reasonable legal fees, expenses, and legal interest on any award or judgment in favour of BusinessPortraits.ca.

21. General provisions

21.1 Severability

If any provision of this agreement is found to be invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be considered severable from this agreement and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

21.2 Waiver

No amendment or waiver of any terms is valid unless documented in writing and signed by both parties. The failure of either party to enforce any provision of this agreement shall not constitute a waiver of that party's right to enforce that provision or any other provision in the future.

21.3 Assignment

The Client is prohibited from assigning or transferring this agreement or any rights it grants without prior written consent from BusinessPortraits.ca. This agreement binds and benefits the Client and BusinessPortraits.ca, including their respective principals, employees, representatives, and successors. BusinessPortraits.ca may assign this agreement to a successor business entity.

21.4 Amendments to terms

BusinessPortraits.ca reserves the right, at its sole discretion, to modify, update, or revise these Terms at any time without prior notice. The version of these Terms in effect at the time of booking shall govern that booking. BusinessPortraits.ca recommends that Clients periodically review these Terms for any changes or updates. Continued use of the BusinessPortraits.ca website and services following any modifications constitutes acceptance of the amended Terms for future bookings. If you do not agree to any changes, you should discontinue use of the website and services immediately.

21.5 Electronic acceptance

You agree that clicking the acceptance checkbox on the BusinessPortraits.ca website, submitting payment in response to an invoice referencing these Terms, or proceeding with services after receiving documentation referencing these Terms constitutes your electronic signature and acceptance of this agreement with the same legal force and effect as a handwritten signature.

Part 04. Website terms

22. Website use license

22.1 Limited license

By accessing the BusinessPortraits.ca website, you acknowledge that all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content, is owned, controlled, or licensed by BusinessPortraits.ca. You are granted permission to temporarily view one copy of the materials on the BusinessPortraits.ca website for personal, non-commercial transitory viewing only.

22.2 Restrictions

This grant constitutes a license, not a transfer of title. Under this license, you are prohibited from: copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, or distributing the materials in any manner (including "mirroring") to any other computer, server, website, or other medium for publication, distribution, or any commercial enterprise, without obtaining express prior written consent from BusinessPortraits.ca; using the materials for any commercial purpose or public display; decompiling or reverse-engineering any software contained on the BusinessPortraits.ca website; removing any copyright or other proprietary notations from the materials; or transferring the materials to another person or "mirroring" them on any other server.

22.3 License termination

If you violate any of these restrictions, this license will automatically terminate, and BusinessPortraits.ca may choose to terminate the license at any time. Upon termination of your viewing of these materials or the expiration of this license, you must promptly destroy any downloaded materials in your possession, whether in electronic or printed format.

23. Intellectual property rights

BusinessPortraits.ca retains all rights to the content, logo, and other proprietary elements featured on the website, including but not limited to text, images, graphics, and designs. These elements are protected under intellectual property laws and may not be copied, reproduced, or used in any form without prior written consent from BusinessPortraits.ca. Unauthorized use of any website content or proprietary elements may result in legal action for infringing intellectual property rights.

24. Website use disclaimer

24.1 "As is" basis

The materials provided on the BusinessPortraits.ca website are available on an "as is" basis. BusinessPortraits.ca disclaims all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other rights violations. BusinessPortraits.ca does not guarantee the materials' accuracy, likely outcomes, or reliability, nor does BusinessPortraits.ca endorse any representations regarding these materials or any sites linked to this site.

24.2 Prohibited activities

You are prohibited from: using any "deep-link," "page-scrape," "robot," "spider," or other automatic devices, programs, algorithms, or methodologies to access, acquire, copy, or monitor any part of the website; reproducing or circumventing the website's navigational structure; imposing an unreasonable or disproportionately large load on the BusinessPortraits.ca infrastructure; using any device, software, or routine to interfere with the proper functioning of the site; forging headers or manipulating identifiers to disguise the origin of any message; impersonating or misrepresenting your identity; or using the site for any unlawful purpose.

24.3 No guarantees

BusinessPortraits.ca does not guarantee that the site or any content, service, or feature will be error-free, uninterrupted, that any defects will be corrected, or that your use of the site will yield specific results. The site and its content are provided on an "as-is" and "as-available" basis, and all information is subject to change without prior notice. BusinessPortraits.ca cannot guarantee that files downloaded from the site will be free from viruses, contamination, or destructive features.

25. Website liability limitations

Under no circumstances shall BusinessPortraits.ca or its suppliers be held responsible for any damages (including, but not limited to, damages for loss of data or profit, or resulting from business interruption) arising from the use or inability to use the materials on the BusinessPortraits.ca website, even if BusinessPortraits.ca has been informed orally or in writing about the possibility of such damages. The content displayed on the BusinessPortraits.ca website may contain technical, typographical, or photographic errors. BusinessPortraits.ca does not guarantee any materials' accuracy, completeness, or timeliness on the website and reserves the right to modify the content at any time without prior notice.

26. External website links

BusinessPortraits.ca has not examined all sites linked to its website and assumes no responsibility for the content of any linked site. A link does not signify endorsement by BusinessPortraits.ca of the external sites. Users access and interact with any linked website at their own risk. BusinessPortraits.ca is not accountable for the privacy practices of other websites and encourages users to read their privacy policies.

Part 05. Privacy & contact

27. Privacy and data use

27.1 Information collection

When you book services or make a purchase, BusinessPortraits.ca collects personal information necessary to provide services, including your name, address, email address, and payment details as part of the buying and selling process.

27.2 Use of information

BusinessPortraits.ca utilizes personally identifiable information to: deliver products and services you request; manage your account and offer customer support; communicate about products or services that may interest you; develop and display content on the BusinessPortraits.ca website; resolve disputes and troubleshoot issues; detect and protect against error, fraud, and criminal activity; enforce these Terms; and carry out other tasks as described during the data collection process.

27.3 Public information

BusinessPortraits.ca may display your photograph on the BusinessPortraits.ca website and marketing materials as described in Section 13.4. BusinessPortraits.ca may also share information from your public LinkedIn page or company page, which could include your current position and employer.

27.4 Third-party services

BusinessPortraits.ca services may use third-party software for processing. Any data usage by these providers is governed solely by their respective policies.

27.5 Consent withdrawal

To withdraw your consent for BusinessPortraits.ca to contact you or for the continued collection, use, or disclosure of your information, you may do so at any time by contacting BusinessPortraits.ca using the contact information provided below.

27.6 Disclosure

BusinessPortraits.ca may disclose personally identifiable information in accordance with the law or to protect the rights of BusinessPortraits.ca, including when BusinessPortraits.ca believes it is appropriate in relation to investigating, preventing, or taking action concerning illegal activities, suspected fraud, or other misconduct; to protect the rights, property, or safety of BusinessPortraits.ca, its users, employees, or others; to comply with applicable laws or cooperate with law enforcement agencies; to enforce these Terms; in response to a subpoena, investigative demand, court order, or government request; to establish or exercise legal rights; or to defend against legal claims.

See also

A standalone, plain-language version of the privacy practices lives in the Privacy Policy. The Privacy Policy and this Section 27 are read together.

28. Payment information security

BusinessPortraits.ca does not access or store your payment information. Your credit card details are encrypted using the Payment Card Industry Data Security Standard (PCI-DSS) to ensure secure transactions. Data from your purchase transactions is retained only for the duration required to complete the transaction, after which it is deleted. All direct payment gateways comply with PCI-DSS standards. BusinessPortraits.ca prioritizes the security of your personally identifiable information and implements electronic, personnel, and physical measures to safeguard it. BusinessPortraits.ca is not responsible for any breaches of privacy settings or security measures by third parties.

29. International users

The BusinessPortraits.ca website is hosted in Canada and is governed by Canadian federal law. If you access the BusinessPortraits.ca website from other jurisdictions, please note that you are transferring your personal information to Canada. By using the BusinessPortraits.ca website, you consent to the transfer and use of your personal information in accordance with these Terms. You also agree to comply with applicable Canadian federal laws regarding your website usage and agreements with BusinessPortraits.ca. Individuals accessing the BusinessPortraits.ca website from jurisdictions with different laws or regulations governing internet use may only use the website in a manner consistent with their local laws. If your use of the website would be unlawful in your jurisdiction, please refrain from using it.

30. Contact information

For questions regarding these Terms or BusinessPortraits.ca services, please use the contact details in the next section.

Acceptance

By checking the acceptance box on the BusinessPortraits.ca website, submitting payment, or proceeding with services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.