Terms & Conditions
A. The Client believes that the Contractor has the qualifications, experience and capabilities to provide services to the Client. B. The Contractor agrees to provide such services to the Client under the terms and conditions set forth in this Agreement.
IN CONSIDERATION of the matters described above and the mutual benefits and obligations set forth in this Agreement, the payment and award of which are being considered, Customer and Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
1.SERVICES PROVIDED The client hereby agrees to engage the company to provide the established services. 2. The Services shall also include any other tasks that the parties may agree upon. The Company hereby agrees to provide these services to the Customer.
3.DURATION OF THE AGREEMENT The term of this Agreement (the “Term”) shall commence on the date of this Agreement and shall remain in effect until completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the parties.
4.COOPERATION Clients and company members agree to cooperate and communicate with pleasure to get the best possible result within the understanding of this contract. The Photographer may also need assistance in organizing groups. Clients also agree to give the Photographer sufficient notice of key events (bouquet toss, cake cutting, speeches, etc.) to allow time to prepare. Please note that not everyone likes to have their picture taken. In such cases, the Photographer will use his discretion, but cannot be held responsible for a lack of photos of these people.
5.PAPARAZZI GUESTS Your guests will likely have digital cameras and will want to photograph or videotape the Clients. In the spirit of good cooperation, the Clients agree to give priority to the Photographers and Videographers over the guests in order to take the photos and videos necessary for the event services described above. We cannot be held responsible for a lack of event photos or videos if guests taking their own photos of the Clients continually interrupt the work of the Photographer and Videographer.
6.HOUSE RULES Note that photography is sometimes limited by rules imposed by registries, ministers and site management as to what can and cannot be done. For example, some ministers insist that flash photography is not permitted, while others insist that photographers take pictures from a specific location. In such circumstances, Clients must accept the technical limitations that may be imposed on the equipment used. Clients are advised to be aware of the rules of the location concerned and if necessary to negotiate with the relevant staff.
7.SCHEDULE Our shooting schedule, working style and experience are designed to produce a great set of photos and videos for clients, done with good humor and enjoyed by all concerned. Clients, photographers and videographers therefore agree that punctuality and good cooperation are essential to produce photographic and video results. exceptional videography. In cases where the event, contract does not run on time (e.g., extreme lateness of one of the clients arriving at the appointment), we cannot guarantee to take our promised set of photos and videos, although in such circumstances we will do our best to compensate. One minute late equals one minute less of your session.COMPENSATION
8. The company will charge the customer a fixed fee of the written amount (CAD) for the services (the “compensation”).
9. A 50% non-refundable deposit of the total amount (the “Deposit”) is payable by the client upon signing this contract.
10. For the remaining amount, the client will be charged the day of the services.
11. Invoices submitted by the contractor to the client are due within days of the event.
12. If the Client terminates this Agreement prior to the completion of the Services but the Services have been partially performed, the Contractor shall be entitled to payment of the pro rata compensation as of the date of termination.
13. The compensation provided for in this Agreement does not include sales tax or other applicable obligations required by law. All sales taxes and fees required by law will be charged to the customer in addition to the compensation.
14.REIMBURSEMENT OF EXPENSES The Company shall be reimbursed from time to time for reasonable and necessary expenses incurred by it in the performance of the Services.
15. All expenses must be pre-approved by the client.
16.PENALTIES FOR LATE PAYMENT A fee of $100 will be charged for each additional hour.
17. Late payments will result in a 25% charge for every two (2) weeks of the outstanding amount.
18.INTELLECTUAL PROPERTY All intellectual property and related materials (the “Intellectual Property”) that is developed or produced under this Agreement shall be the property of the Company. Customer is granted a non-exclusive limited use license to such Intellectual Property.
19. Title, copyright, intellectual property rights and distribution rights to the intellectual property belong exclusively to the contractor.
20. The images taken by the Photographer are intended for personal use by the Clients and their relatives. The sale, publication or any commercial use of the photographs is not permitted without the prior written permission of the photographer.
21. Clients grant Photographer and its legal representatives, heirs and assigns, irrevocable and unrestricted consent to use Clients’ photographs for editorial, competition, advertising and any other purpose and in any manner whatsoever, to modify the photographs without restriction; and copyright of the images. Clients release the Photographer and his legal representatives, heirs and assigns from all liability and claims in connection with the images.
22.CAPACITY / INDEPENDENT CONTRACTOR In providing the Services under this Agreement, it is expressly agreed that the Company is acting as an independent company and not as an employee. Company and Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for services.
23.NOTICE All notices, requests or other communications required or permitted by the terms of this Agreement shall be given in writing to the parties at the following addresses: a. b. Memoria Medias
24. Except to the extent paid in settlement of any applicable insurance policy, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party from and against any and all claims, losses, damages, liabilities, penalties, punitive damages and expenses of any kind whatsoever resulting from any act or omission of the indemnifying Party. This indemnification shall survive the termination of this Agreement…
25.AMENDMENT OF THE AGREEMENT Any modification or amendment of this Agreement or any additional obligation assumed by either party under this Agreement shall be binding only if evidenced in writing by each party or an authorized representative of each party.
26.GASOLINE TIME Time is of the essence in this agreement. No extension or modification of this agreement shall operate as a waiver of this provision.
27.ASSIGNMENT Contractor shall not assign or otherwise voluntarily transfer its obligations under this Agreement without the prior written consent of Customer.
28.FULL AGREEMENT It is agreed that there are no representations, warranties, collateral agreements or conditions affecting this Agreement, except as expressly set forth in this Agreement..
29.CURATION This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators and successors and assigns.
30.TITLES / HEADINGS The headings are inserted for the convenience of the parties only and shall not be considered in construing this Agreement.
31.THE SEX Words in the singular number mean and include the plural and vice versa. Words in the masculine gender mean and include the feminine and vice versa.
32.APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec.
33. The parties expressly declare that French is the exclusive language chosen for the drafting and interpretation of this agreement and all related documents.
34.DIVISIBILITY If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, all other provisions shall nevertheless remain valid and enforceable, with the invalid or unenforceable portions being severed from the remainder of this Agreement.
35.WAIVER If for any reason the established services cannot be performed due to your fault or a reason beyond our control (pandemic, supernatural disaster etc..) the amounts already paid will not be refunded, they will simply be credited to you.
36. The waiver by either party of a breach, default, delay or omission of any provision of this Agreement by the other party shall not be construed as a waiver of any subsequent breach of the same or any other provision.