Terms of Service Agreement.

In the following terms & conditions, "the photographer" shall mean Aaron L. Greenspan trading as Aaron Greenspan Photography (A|G Photography). "The clients" shall be any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer. These terms & conditions cannot be varied in any way by the clients unless the Photographer expressly agrees to such conditions in writing. 

1. COPYRIGHT

i. The copyright Designs and Patents Act (US) and Canadian Copyright Act assign the images' copyright to the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.

2. DISPLAY

i. The client (s) hereby allows (s) the Photographer to display any photograph covered by this contract and generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. 

3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs taken during an event will be at the discretion of the Photographer, although every effort will be made to comply with the clients' requirements. 

ii. Special requests are not binding instruction, although every effort must adhere to the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture or incorporate any specific background, location, or group arrangements due to weather changes and the availability and willingness of subjects.

iii. For a booking involving a church ceremony or at specific venues, the Photographer's movements are sometimes restricted by the official in charge. The area from which the Photographer can cover an event may not be the Photographer's choice, and the Photographer cannot accept responsibility for any obstructed view should this be the case. 

iv. Due to various lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. 

V. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure. 

vi. All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the client as an option at extra cost.

4. PAYMENT

i. A non-refundable booking fee of CAD 300.00 will confirm booking for any professional standard portrait work as well as full acceptance of the terms and conditions as published on the Photographer's website (this though does not include a retouching fee). The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

A non-refundable booking fee of CAD 1500.00 will confirm booking for any large scale event, as well as full acceptance of the terms and conditions as published on the Photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

A non-refundable booking fee of $200 will confirm the booking for any professional commercial service, including content creation, strategic marketing and digital consulting, as well as full acceptance of the terms and conditions as published on the Photographer's website. Though additional charges are up to the Photographer's sole discretion given the amount of work required of said client. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

ii. Payment in full of the remaining balance will be due two weeks before the event. 

iii. Additional goods ordered must be paid for in full at the time of ordering. 

iv. Titles to all goods remains with the Photographer until paid for in full by the client (s) 

The retainer must be paid in full at the time of booking. Retainer secures the time and services of the Photographer for the sitting. It is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation. Sittings that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.

Following payment of the retainer, balance of any fees due is to be paid on or before the date of the sitting. No photographs will be delivered until all payments due have been paid in full. Payment for additional images and albums is to be made when they are ordered.

5. FORCE MAJEURE

i. In the improbable event of cancellation by the Photographer or total photographic failure, liability shall be limited to a full refund of any fees paid. 

ii. The Photographer will endeavour to put the client (s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. 

6. DIGITAL NEGATIVE FILES

i. All digital negatives (computer files) remain the property of the Photographer. All digital photography packages include a copy of the edited digital negatives to the client (s) for their own non-commercial use.

ii. Should the digital negative files be lost, damaged, or destroyed for reasons beyond control, the photographer's liability shall be limited to a full refund of any deposits and fees paid but shall not include a refund for any goods already received.

7. ON THE DAY

i. The Photographer will be the sole professional (still), Photographer, at the venues specified. However, the Photographer does positively encourage family, friends, and other guests to take photographs throughout the event.

ii. The Photographer will not take photos unless specified to do so at a particular time and will use a set time to take a break. A meal is not a requirement. However, one would be much appreciated.

iii. The Photographer will stay to photograph the event, stay until approximately 9 pm. Any photography following this time will be at the discretion of the Photographer or if expressly agreed in writing beforehand.

8. PERSONAL ACCIDENT

i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons' own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot. 

9. CANCELLATION FEES

i. If the client (s) should have to cancel a booking, the following cancellation fees will become due immediately upon said cancellation: 

ii. Cancellation from the booking date, more than two weeks before the event, the booking fee of CAD 50.00. 

iii. Cancellation with less than two weeks to go until the date, full price will be charged for cancelation for the complete photographic coverage booked. The client (s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation. 

10. DELIVERY & COMPLAINTS

i. The Photographer will endeavour to deliver digital negative files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.

ii. Any complaints should first be raised by the client with the Photographer in writing within 14 days from the date of receipt of images.

11. SAFETY

i. The photographer reserves to right to terminate coverage and this contract and leave the location of the event(s) if the Photographer representing Aaron Greenspan Photography experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement 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 Agreement.