General Terms and Conditions
The following are the general terms and conditions when booking a service or session with REN Visual. They are put into place so you know exactly what to expect and to ensure that REN Visual (“the Studio”) is able to deliver on your expectations. Please read all the information carefully. By booking with us or using our website and any content provided you indicate your acceptance of any and all of these terms.
If you do not accept these terms please do not book any services with us.
These terms may update at any time. Your continued access to and/or use of our services after changes have been made to the terms indicates your agreement to be legally bound by the updated and/or amended terms.
Definition of Client(s)
- The person(s) who books in services shall be (“the Client”) for the terms and conditions, they shall be the one(s) to whom REN Visual (“the Studio”) delivers its products, and shall be financially responsible for all payments to be made under this contract. The terms and conditions incorporate the entire understanding of the parties, and any modifications to it must be in writing and signed both by REN Visual (“the Studio”) and by (“the Client”).
- Nothing herein shall be deemed to constitute a partnership or joint venture between the Client and the Studio. In entering into this contract, and in providing services to the Client, the Studi has and shall have the status of an Independent Contractor and nothing herein contained shall contemplate or constitute an agent or employee relationship and neither the Client nor the Studio shall have any authority to bind the other in any way.
Definition of Terminology
The following are the terms and definitions of those terms used in this contract:
- The Terms “photographer”, “photography team”, “videographer”, “videography team”, “staff”, “us”, “we”, “studio” and “our” refer to REN Visual, and all agents, contractors, employees, or other representatives.
- The term “including” means “including, but not limited to.”
- The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties.
- The terms “photographs”, “photograph”, “video”, “raw footage”, “films”, “audio” “photographic and/or videographic materials”, “proofs” or “images” refer to the digital materials being produced out of this Agreement.
Terms of Payment
- The Studio requires payment in full prior to the scheduled session date. All payments due prior will serve as a non-refundable retainer for the scheduled date.
- The Client agrees that the retainer paid is non-refundable, and earned by the Studio when paid. Upon payment of the non-refundable retainer, the Studio will reserve the time and date agreed upon by both parties.
- The Client agrees the non-refundable retainer is remitted in consideration of the experience, reputation, and skill of the photographer and videographer, in consideration of the inability of the photographer and videographer to schedule other clients during this time.
- Failure by the Client to make any payment as and when agreed shall release the Studio from any further responsibility under this contract, no photography services or videography services will be provided, and no rights are granted, without the obligation to return any monies previously paid to the Studio under this contract.
- The Client assumes responsibility for any and all collection costs and legal fees incurred by the Studio in the session enforcement of this contract becomes necessary.
- The Client agrees to a pre-session questionnaire. The questionnaire shall work to finalize the schedule, locations and Client’s particular requests. The Client acknowledges that due to the nature of live action photography, no requests can be specifically guaranteed although the Studio and the Studio’s photographers and videographers will strive to ensure that the Client’s requests are accommodated to the extent possible.
Booking and Late Arrival
- The Client must select a service, and receive an email confirmation for a session to be considered booked.
- If the Client fails to show, provide appropriate access and materials (including but not limited to models, props), the Studio’s total fee is non-refundable.
- If the Client fails to show or provide appropriate access at the premise where the session is to take place, the Studio’s staff will wait for 30 minutes after the session start time and can leave after that time has passed at their own discretion, the Studio’s total fee is non-refundable.
- Once the Studio reserves a date and time for the Client, it ceases attempting to sell its services for this date and time to others. If the session is cancelled or postponed, the Studio suffers a loss. Therefore, payments made by the Client are not refundable under any circumstances.
- If for any reason the Client cancels this contract prior to or on the session date, the Studio shall keep the retainer and any monies paid up to the date of cancellation.
- All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within 48 hours of the contracted date, the Client shall be required to pay the full balance of the contract.
- The Studio must be notified immediately of any changes in schedule or location, at least 48 hours in advance of the scheduled session date. If the Client notifies the Studio by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the session changes, and notice is not given by the period specified above, then the Studio shall be entitled to the full session fee as liquidated damages for having to reschedule the event. The full session fee will be due again for the new session date. This also applies to all tentatively scheduled session dates.
- If, for any reason, the Client reschedules the session, the session fee may be applied to a new date mutually agreed upon by both parties. A new contract will be required to reflect the changes. Credit may be applied to the rescheduled session within two (2) months of original date, provided the Studio is available. In the event the reschedule occurs after two (2) months of the original session date, the Client shall be required to remit a new retainer (session fee).
- In the event that the weather conditions are not desirable for an outdoor session based on Photographer recommendations, the session will need to be rescheduled and the reschedule fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at the Studio’s sole discretion.
Copyright and Reproductions – The Studio
- The Studio shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all video, audio and images in their original and processed formats.
- The Studio shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Studio’s website, social media streams and/or studio. If the Studio desires to make other uses, the Studio shall not do so without first obtaining the written permission of the Client.
- It is understood that any duplication or alteration of original video, audio and images is strictly prohibited without the express written permission of the Studio and is an infringement of Canadian Copyright Law and a violation of this contract.
Copyright Release to the Client
- The Studio hereby warrants being the legal copyright owner for the work described in this contract. The Studio grants permission to the Client and any other listed Grantee(s) above in the services section and their Photo Laboratory of choice to make reproductions of the work in any size or quantity for their own personal and business related use.
- The Client and Grantee(s) are welcome to share the digital materials produced under this contract on the client’s website, any property listing websites, in social media streams (such as Facebook, YouTube, Instagram and Pinterest) with family, friends and their business networks for personal and business related purposes. As well as for other promotional uses specifically targeted towards marketing the project.
- The Studio grants permission to the Client and Grantee(s) to share the delivered digital materials to media sources for publication in newsprint and/or video.
- The Client and Grantee(s) understand and acknowledge that the Studio is the copyright owner and that any unauthorized use and/or sale of the work provided through this contract causes damage to the Studio and that The Client and Grantee(s) may be held liable for such damages.
- All photographic and videographic materials, including but not limited to digital files, negatives, transparencies, raw footage, films, audio, proofs, and previews, shall be the exclusive property of the Studio.
- The Studio does not retain archives on the digital materials and all Studio responsibility for the digital materials is completed at time of delivery.
- The Studio will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
Digital Materials – Photography
- The Client understands that the digital image files will be delivered as defined in the “Services” section above. If included as a part of their session coverage, they will be provided in two JPEG formats. The High resolution JPEG files will be approximately 3200×2000 pixels in dimension at a resolution of 300 dpi. The MLS JPEG files will be approximately 1800×1200 pixels in dimension at a resolution of 200 dpi.
- The digital image files are not all-inclusive of all your session images. They are the culled images the Studio deemed to be the best images from your session. Digital edits will be edited as defined in the “Services” section above.
- The images (particularly those shot in low light) may have visible film grain, which is normal, especially when enlarged or cropped too tightly. To ensure the best print quality, try to avoid altering your images before printing.
- The Studio is not responsible for printing errors or the quality of prints or products not printed directly by the Studio.
Digital Materials – Videography
- The Client understands that the digital video files will be delivered as defined in the “Services” section above. If included as a part of their session coverage, they will be provided as an MP4 video file. The MP4 video files will be HD (High Definition) 1080p resolution that is 1920×1080 pixels in dimension.
- The video and images (particularly those shot in low light) may have visible film grain, pixelation, rolling shutter or banding, which is normal, especially when enlarged or cropped too tightly. To ensure the best quality, try to avoid altering your video in any way.
- The Studio is not responsible for errors in the final video’s quality if uploaded/copied outside of what the Studio has delivered.
Digital Materials – Usage and Delivery
- The Client’s usage of the digital materials delivered under this contract will be as detailed in the “Copyright Release” section above.
- The Studio’s use of the digital materials will be in accordance with executed Model Releases.
- The Client will provide the Studio with, notification, credit, and a copy of any publication the digital materials appear in.
- No digital materials will be released until the agreed upon amount is paid in full per the payment schedule outlined in this contract.
Completion Schedule – Photography
- The Studio shall make the photos available for download by the Client within two(2) business days of the contracted session.
- The Studio shall make the photos available through a download link.
Completion Schedule – Videography
- The Studio shall make the deliverable video available for download by the Client within five(5) business days of the contracted session.
- All information, ie. property description, logo’s, contact information, etc must be provided to the Studio before the session date to avoid delay of delivery.
- The Studio shall make the deliverable video available via a download link for a minimum of 30 days from the date of delivery. No photography or videographic materials (physical prints or digital) will be released until the agreed upon amount is paid in full. All sales are final.
- The Studio and the Studio’s photographers and videographers do not guarantee to capture any particular image(s), clip(s) or scene(s) or meet any particular aesthetic criteria as part of its performance under this contract.
- The Studio and the Studio’s photographers and videographers retain the sole and absolute right to utilize professional judgment and artistic discretion in selecting and editing the videographic and photographic materials released to the client. Including but not limited to the removal of undesirable video, audio and photographs from deliverable previews, with regards to photography (eye’s closed, blurred images, etc), with regards to videography (blurred focus, camera shake, etc), as well as the right to crop or edit video, audio and images as the Studio sees fit to ensure the final photo and video deliverables look their best.
Safe Working Environment
- The Client agrees to undertake the best efforts to ensure that attendees at the session treat the Studio and the Studio’s staff with respect and dignity and is provided with a safe working environment.
- The Studio and the Studio’s staff retains the right to cancel the remainder of any photography or videography session in the event attendees of the session commit any instances of sexual harassment, violence, threats or other similar behaviour that would lead a reasonable person to feel unsafe in such environment. In the event of such cancellation the Client shall not be entitled to any refund.
Cooperation of Client and Attendees
- The Client will cooperate with the Studio and defer to the Studio’s photographers and videographers professional judgment related to setting, poses, picture grouping and other matters of artistic discretion. The Studio’s photographers and videographers retain the absolute right to refuse to film or photograph any situation, pose, or grouping that would interfere with the Studio’s photographers and videographers artistic discretion. The Client will utilize best efforts to ensure that attendees cooperate with the Studio’s photographers and videographers.
Failure to Perform
- If the Studio is unable to perform this agreement due to illness, emergency, fire, casualty, strike, police action, act of God or causes beyond the control of the Studio and the Studio’s photographers and videographers, the Studio and Client shall make every attempt to provide a Substitute photographer and/or videographer per the provisions in this Contract. If the Studio is unable to provide a Substitute photographer and/or videographer, the Studio shall return the amount paid under this contract to the client and shall have no further liability. Further, if the Studio is unable to deliver photographic or videographic materials, measurements, floor plans, or other works under this contract due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Studio and the Studio’s photographers and videographers, liability shall be limited.
Substitute Photographers and Videographers
- The Studio reserves the right to substitute with another photographer and/or videographer in the event of a photographer’s illness or incapacity and/or a videographer’s illness or incapacity. The substitute photographer and/or videographer is chosen at the discretion of the Studio and does not constitute a breach of this agreement. The Studio warrants the substitute photographer and/or videographer to be of comparable quality and professionalism.
Independent Contractor – Second Photographers, Videographers & Assistants
- If added as an additional service to this contract the Studio shall supply an additional professional photographer and/or videographer to assist on the session day. The Studio reserves the right and discretion at selecting the appropriate additional photographer and/or videographer. The Studio may utilize one or more assistants at the session, and such assistants may also take video and photographs under the supervision of a principal photographer and/or videographer.
Studio’s Standard Price List
- The charges in this contract are based on the Studio’s Standard Price List as listed herein. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Credits and special offers are non-transferable and are not redeemable for cash.
- The Studio is bound to guidelines and policies of location officials or management. The Client agrees to accept the technical results of their imposition on the Studio and the Studio’s staff. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.
Travel and Overage Fees
- It is agreed that the Client is responsible for covering additional fees and costs related to location choice (admission fees, parking, etc.) unless specified in this contract. The Client is responsible for covering any travel related fees and costs incurred by the Studio and the Studio’s staff including but not limited to transportation, accommodations, gas and food, outside of the city limits of Calgary, Alberta and will be detailed in this contract along with any additional travel costs.
- Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the Canadian Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Studio’s main office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1,000.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
- The Client agrees to indemnify, defend and hold harmless the Studio and its affiliates, employees, agents and independent contractors for any and all injury to the Client and the Client’s attendees during the course of the contracted session and the immediately surrounding events.
- Claims against the Studio for the delivered artistic works must be brought to the Studio’s attention within one calendar (1) week from date of delivery. At that time, the Client waives any right to submit a claim to the Studio for reimbursement of any fees previously paid or for the waiver or forgiveness of any fees that may still be outstanding.
- This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the Province of Alberta.
- The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
- If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
- Each party and its counsel have participated fully in the review and revision of this Contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
- If any provision of this agreement shall be held illegal, unenforceable, invalid or otherwise incapable of being enforced, in any judicial proceeding, then such provision shall be excluded to the extent of such invalidity or unenforceability and the remainder of this agreement shall remain operative and binding; and, to the extent possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable, provided that such term comes closest to expressing the intention of the parties at the time of this agreement.
Agreement to Terms
- The Client and the Studio agree that the booking and payment of a session is an agreement to the above terms and shall have the same force and effect as if an original signature.
- Acceptance of these terms is to acknowledge that you have thoroughly read through our terms and conditions, our website content and familiarize yourself with our services.
- This contract and agreement of terms incorporates the entire understanding of the parties, and any modifications to it must be in writing and signed both by the Studio and by the Client.