This agreement constitutes an order for photography services as agreed to by both parties, THE PHOTOGRAPHER (Owners, Associates, Assistants, or those representing Portraits On White operating as Life Editorials) and THE CLIENT (You). This agreement is binding upon payment.

Copyright, Consent, Limit of Liability, and Release

COPYRIGHTS: It is understood that all proofs, digital files, video, audio, photographs, digital negatives or prints produced by THE PHOTOGRAPHER are protected by Copyright Law and may not be reproduced in any manner without THE PHOTOGRAPHER’s explicit written permission.  It is understood that these materials may be used for advertising, display, sale or any other purpose thought proper by THE PHOTOGRAPHER without further consent.

CONSENT:  By booking a Life Editorials portrait session you consent to photography, and potential audio recording, video recording of you and portrait participants.  You consent to its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, inclusion on websites, social media, or any other purpose by Life Editorials and its affiliates and representatives. You release THE PHOTOGRAPHER, its officers and contractors, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. You agree to allow Life Editorials to contact me by email regarding upcoming products and promotions with the option to withdraw my consent at any time through the unsubscribe link.

GENERAL LIMIT OF LIABILITY: THE PHOTOGRAPHER takes the utmost care with respect to digital files and photographs taken at the portrait session.  However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond THE PHOTOGRAPHER’s control, liability is limited to a full refund of all fees paid. The limit of liability shall not exceed the total value of physical deliverables in the contract (books, albums, prints, cards, USB drives, etc).

Non-Refundable Retainer Payment and Payment Schedule 

NON-REFUNDABLE RETAINER: THE CLIENT agrees that a non-refundable retainer payment of the portrait session fee in full is required to reserve THE PHOTOGRAPHER’s time exclusively for photographic service and PHOTOGRAPHER will not accept any other portrait sessions that conflict with your reserved time and date once it is reserved by THE CLIENT.  The retainer payment also covers PHOTOGRAPHER’s time and effort in planning for the event, including acquiring materials, making necessary arrangements, and discussions and meetings with THE CLIENT.  For the foregoing reasons, retainer payments are not refundable for any reason (other than as permitted under this Agreement), including for reasons beyond the control of the parties, such as “Acts of God”, illness, fire, civil or labour strife, injury, extreme weather, epidemics or pandemics.  CLIENT acknowledges and agrees that the non-refundable retainer payment is not a penalty, but instead represents a reasonable measure of liquidated damages based on the nature of the losses that may result from THE CLIENT’s cancellation of the event or this Agreement.  

PAYMENT SCHEDULE: THE CLIENT agrees that a non-refundable retainer amount equivalent to the full portrait session fee(booking fee) is required at the time of contract acceptance. Your date is not fully reserved until the non-refundable retainer is received. THE PHOTOGRAPHER reserves the right to proceed with booking other jobs/sessions on your date at your requested time slot up until the retainer is received. 

COVID-19, Rescheduling, Cancellation and Third Party Studio Rental

ACKNOWLEDGMENT OF COVID-19 AND RESCHEDULING:  PHOTOGRAPHER will abide by all local, provincial and federal laws, rules, regulations and guidelines with respect to COVID-19 (collectively, “COVID-19 rules”), will wear necessary PPE at the event and practice necessary sanitation procedures and perform services as planned if it is still possible to do so legally under applicable COVID-19 rules. If CLIENT or any attendees fail to comply with COVID-19 rules resulting in unnecessary risks to PHOTOGRAPHER’s health and safety, PHOTOGRAPHER reserves the right to stop all coverage and leave the session without providing any refunds.

CANCELLATION: A notice of cancellation in the form of an email must be received 7 days prior to the booking date releasing THE PHOTOGRAPHER from this contract agreement and the retainer will be transferred into a studio credit applicable to future bookings within one year of the original booking date. If the credit is unused after one year, it will be forfeited.  If a notice of cancellation is received within 7 days of the portrait session or THE CLIENT fails to show up for the booking time slot, THE CLIENT forfeits the portrait session fee(booking fee). ​Should any event occur that delays, disrupts, or cancels the photography shoot, which is outside of the control of the CLIENT or PHOTOGRAPHER, the shoot may be rescheduled without fee or penalty. On the day of the photography shoot, the USER or PHOTOGRAPHER may opt to reschedule the shoot due to inclement weather. No fee or penalty shall be incurred by any party should the shoot need to be rescheduled due to inclement weather.

ACKNOWLEDGEMENT OF STUDIO RENTAL: THE CLIENT acknowledges that studio space will be rented through a third party and that both THE CLIENT and THE PHOTOGRAPHER are subject to their policies of conduct, cancelations or rescheduling. THE CLIENT shall not hold Life Editorials responsible for cancelations, delays or rescheduling that is initiated by the studio. THE CLIENT agrees to pay any applicable cancellation and/or rescheduling fees that is required by the studio.

Time Coverage

TIME COVERAGE: THE PHOTOGRAPHER agrees to work and/or be available for the time stipulated in the booking session timeframe.  THE PHOTOGRAPHER is not liable to stay or shoot beyond the end of coverage time. Time will not be credited back in any shape or form to the client due to tardiness or delays caused by the studio. 

Prints, Digital Downloads and Licensing

PRINTS & DIGITAL DOWNLOADS: Additional prints and digital downloads can be purchased optionally through the online gallery.  Life Editorials prints exclusively with a professional photo lab to ensure high quality in colour reproduction, material use, and with a print guarantee. This professional lab is approved and recommended for printing our images. While THE CLIENTS have permission to reproduce proofs provided to them via digital download, printing outside of Life Editorials’ lab or trusted providers is not recommended due to the unpredictable nature that varies from lab to lab (from papers/inks/technicians/calibration etc.). Life Editorials is not liable for unsatisfactory quality when using the digital images outside of their intended use. Online Galleries expire four months after they go online.

PERSONAL USE LICENSE

Life Editorials grants buyer (THE CLIENT) a non-exclusive perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, "Media,") from the portrait session subject to the following restrictions:

• This license is for personal use only. Personal use means non-commercial use of the Media for display on personal websites and computers, or making image prints or video copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising. The Media may not be resold, relicensed, or sub-licensed. Uses for self-promotion such as a professional profile image (e.g. Linked In) is prohibited without an additional license.

• Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with THE PHOTOGRAPHER.

• There are no warranties, express or implied. The Media are provided 'as is.'

• THE PHOTOGRAPHER will not be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media.