Terms of Service

These Terms of Service are written by and the property of Tulle and Tweed Photography. Unauthorized reproduction of this document in part or in full is prohibited without written consent.

In cases where an additional agreement/contract is required (such as for commercial photography, wedding photography, etc.), that mutually signed and dated Agreement will prevail as the active agreement between The Photographer and The Client and may take precedence over these Terms of Service. If an item is not included in that Agreement, these terms will apply and apply to all bookings/services/

Definitions

Heather Stone, operating as Tulle & Tweed Photography may be referred to as “The Photographer”,“I”, “we”, “us”, throughout the website. In these Terms of Service, the term “The Photographer” will be used exclusively to refer to the abovementioned party. 

 Any person(s) who visit this site (including individuals, merchants, publishers, vendors, etc.), who express interest in or who purchase products or services from The Photographer, will herein be referred to as “The Client” for the purpose of these Terms of Service. 

“Service” refers to any Client requested task of The Photographer, which may include but is not limited to photography, creative work, design, editing, printing, product creation, provision of industry specific information, vendor referral, etc. 

The Client being “Booked” refers to the request of services and/or products from The Photographer on a specific date or time. Being Booked occurs when both parties mutually agree upon a date and service, and may or may not require a non-refundable retainer for services or prepayment amount. 

“Image(s)” is defined as the photographic or digitally visual material, whether moving or static that has been created by The Photographer, his/her associates/contracted employees, or representatives. Pursuant to these Terms of Service, image(s) may also include digital negatives, film negatives, prints, digital files, or videos that have been created or stored by The Photographer.

Declaration

This agreement exists between The Photographer and The Client, including their heirs, assignees, employees, affiliates and representatives. The Client agrees that they are legally authorized to enter into this agreement. If any legal reason exists why The Client cannot be bound by this agreement, they agree to notify The Photographer in writing before engaging the services of The Photographer. The Photographer’s relationship with The Client is that of an independent contractor. 

Canadian Copyright Law/International Copyright Law

The Canadian Copyright Act and the Copyright Modernization Act grants ownership of the copyright of all images created to the creator of those images. The copyright of all images taken by The Photographer for any purpose remains with The Photographer. Copyright will never be transferred from The Photographer to The Client, however usage permissions may be granted (licensing). 

Usage Rights/Licensing of Images

Images on this website or any of The Photographer’s social media platforms or advertising platforms are owned exclusively by Tulle & Tweed Photography. Download or reproduction of these images is prohibited without written consent under any circumstances (including blog re-posting, posting to social media, etc. The only exception is posting to Pinterest with a link to this website with visible image credit to Tulle & Tweed Photography. 

The Client understands that they are not buying the image(s), but instead purchasing a license for usage of specific images created by The Photographer. Specific images are licensed by The Photographer for individual usage based on the service requested by The Client. Usage rights may vary depending on the type of service booked and paid for. This usage will be outlined in the quotation for services provided in writing.

Personal Usage: for those images released for personal usage, this allows The Client to print, reproduce, enlarge or share these images in a personal/non business related or commercial manner. Images may not be sold or published, and may not be given to third-party companies for usage. When shared online images must be credited to Tulle & Tweed Photography.

Business Usage/Commercial Usage: for those images released for business usage or commercial usage, images may be shared for that company’s individual promotional purposes in digital, print, advertisement, etc. but may not be sold to third-parties. Image credit should be given when used online or in print whenever it is reasonable to do so, crediting Tulle & Tweed Photography. 

The Client understands that these rights granted are non-exclusive and non-transferable. Furthermore, images may never be used in a logo, trademark, etc. and may not be copyrighted by The Client. Metadata may also not be removed from any file that is owned by The Photographer.

The Photographer retains the right to use any photograph taken or delivered in The Agreement, without restriction as to changes or alterations, for business related usage. Quotes for services reflect this usage, and an exclusivity agreement may change the price of services. 

Payments

Rates on this Website are subject to change without notice and are provided as a guideline only. Rates will be confirmed prior to booking. 

Weddings will be quoted individually and payment terms will be outlined in The Wedding Photography Agreement provided upon booking, or in correspondence with The Client for all other session types. No dates are secure until the specified non-refundable retainer has been received. 

Payment of Invoice:

Payment for services must be made on or before the service date for sessions and due 14 days before the Wedding date for wedding bookings, and in some cases may require payment of a non-refundable retainer. No services will be performed under any circumstances until all payments are made. Services will be quoted at the current rates when they are requested. For services added on or after the initial service date, amounts for those services will be invoiced immediately and must be paid within 14 calendar days, or before images are delivered to The Client (whichever is earlier).  

Acceptable forms of payment include cash, cheque, and bank transfer. If The Client resides in a country other than Canada, they may use the Pay Invoice option in their invoice. Credit card may be used, but will be subject to a processing fee and handling fee of 2.5% of the invoice total and must be requested at the time of booking. Service fees are non-refundable.

For returned cheques, a $50 non-sufficient funds charge will be added to the invoice and due immediately. All payment and rates are quoted in Canadian Dollars.

Invoices for services, when available, can be accessed electronically by saving the initial Invoice email from The Photographer. In the case of smaller sessions, such as families/lifestyle/mini-sessions/etc. the email communication with quotation for services and final total will take the place of the invoice.

Canadian Federal GST (5%) will be applied to all invoices, on top of listed rates unless otherwise specified. 

Booking Minimums

Booking minimums may apply to certain types of services, such as wedding/elopement/event photography services. Some services may be limited to certain days of the week. All services are subject to availability. 

Gift Certificates

Gift certificates may be purchased for a specific type of service. Gift certificates are valid for 1 years from the date of purchase unless otherwise specified. Gift certificates hold no cash value, and can only be redeemed for the type of service in which they were purchased. 

Promotional codes cannot be used in conjunction with any other offer unless otherwise specified. Promotional codes expire according to the specific code. 

Description of Services & Responsibilities of The Photographer

The Photographer will perform the photographer services requested and quoted in writing at the rate agreed-upon in writing on a mutually agreeable chosen date.

The Photographer operates as an independent contractor. The Photographer agrees to hold a minimum of $1 million when performing contracted services and to cover any damages arising from its negligence or wilful misconduct in the carrying out of the services. The Photographer holds a license through the district in which The Photographer operates (Saanich, BC). Any subcontractors hired by The Photographer agree to hold their own liability insurance and hold their own contractual agreements with The Photographer, and report to The Photographer at all times. 

If total image loss occurs before delivery for portrait, lifestyle, commercial, individual, boudoir, real-estate sessions, the photographer will offer to re-shoot at no additional cost to the client at a mutually agreed upon date. Loss for event or wedding photography will be bound by the Wedding Photography Agreement or Event Photography Agreement. 

The Photographer’s total cumulative liability for all claims in relation to services rendered shall in no event exceed the feed actually paid by The Client. 

The Photographer will to the best of their ability take shot lists and requests into consideration; however specific shots cannot be guaranteed due to the documentary nature of the event and limitations imposed by weather, lighting, guest behaviour, event timing issues, venue restrictions, equipment malfunction, etc. We will, to the best of our ability, capture all shots requested when possible. In hiring a photographer, The Client agrees that they are commissioning an artist who will exercise artistic control during the photographing and editing process. The Client agrees that they have reviewed The Photographer’s portfolio and they are commissioning them for their style and artistic eye.

Props

All photographs, poses and props used in photographing The Client and his/her wedding events are used at the discretion of The Client. The Photographer cannot be held liable under any circumstances for any damages that occur to wedding attire or decorations due to props, lighting, sparklers, smoke bombs, etc. The Client agrees to research these risks prior to using any props

Inclusivity

The Photographer is an inclusive photographer who works with clients of all faiths, ethnicities, genders, sexual orientation (LGBTQ+), and political beliefs. The Client recognizes that images from these inclusive groups may be shared online by The Photographer alongside images of The Client. 

Exclusivity

The Client agrees that upon booking The Photographer, The Photographer will be the sole and exclusive professional photographer retained for the services requested. The Client will take all necessary action to ensure The Photographer is not hindered in his/her abilities by other people, guests, vendors, videographers, or individuals to provide contracted services. 

Image Alteration/Editing/Delivery

The client may not alter their images in any way, aside from a simple conversion to Black and White, or to crop the image for the purpose of framing/posting online. Editing the images after they have been delivered is prohibited without written consent. This includes but is not limited to application of filters, contrast or brightness adjustment, object removal, object additions. 

The Photographer provides a base edit applied, including crop, straightening, colour, contrast, white balance, and artistic style in accordance with The Photographer’s portfolio. Basic blemish removal will be done to all images of The Client(s). Additional editing such as tan line removal, dirt removal, object/person removal or moves, liquify, body modifications will incur an additional charge on a per image basis which must be prepaid, as well as additional editing time past the standard 16 week delivery time. If The Photographer feels the requested edits do not retain the realistic quality of the images, they may be declined by The Photographer and recommended to an outsourced editing company by The Client.

The Client acknowledges that weather, lighting, wind, and other circumstances outside of The Photographer’s control can dictate the final look of the photos and style of the gallery.

Images will be delivered in a reasonable timeframe based on current workload and in the order the photos were taken. This timeframe can vary depending on the season and session type. As a general guideline, portrait sessions are delivered within 8 weeks at a maximum. Weddings are generally delivered within 16 weeks. Delivery times may vary due to seasonal workload, and The Photographer will notify The Client if the delivery timeframe will differ from this or what is contracted in the Wedding Agreement.

Images provided will be chosen based on The Photographer’s artistic opinion. Under no circumstances are digital negatives or raw files provided to The Client for review or delivery. 

Image Specifications: Images will be delivered in JPEG format in most cases, in high resolution of 5000 pixels on the long edge in 300dpi/ppi. Images will be undergo lossless compression.

Once images are delivered to The Client in digital form and downloaded by the client, or after gallery expiration if the images have not been downloaded, The Photographer is released from any liability for backup or storage of the images. Backup is the sole responsibility of The Client and The Photographer recommends backing up to a minimum of 2-3 different physical locations. 

Requests for images after delivery will incur a $150+gst processing fee if the images are still available. Image storage cannot be guaranteed after delivery. 

Responsibilities of The Client

The Client agrees that communication is key to any business relationship and agrees to provide adequate communication for The Photographer and his or her contracted employees to provide the above mentioned services. The Photographer cannot be held liable for lack of communication. 

Location

All photographic sessions will be conducted on property/areas where it is legally allowed. The Photographer reserves the right to change locations to abide by these restrictions. If The Client chooses to have their session on private property, they must get authorization from the owner of that property. They assume all liability when it comes to damages to that property, and assume all risk associated with the choice of that location. 

Any fees associated with the use of private or commercial property is the responsibility of The Client. 

Safety

The Client agrees to provide a workplace/environment that is safe and free of hazards for The Photographer and any sub-contractors. Safety issues may include but are not limited to weather, event code non-compliance, public health or safety order non-compliance, illegal drug usage, excessive alcohol consumption, physical conflict, verbal abuse, sexual harassment, etc. Should safety be at risk, The Photographer reserves the right to suspend services with immediate notice and refuse to carry out the services and/or vacate the premises. No refunds will be provided for services not rendered as a result of safety issues. Depending on the seriousness of the offence, legal action could occur at the cost of The Client.

Right to Refuse Service

The Photographer reserves the legal right to refuse services to anyone so long as it is not based on descrimination against a protected class. The Photographer may decline services due to not being the right personality fit for their business. Once an agreement has been signed and non-refundable retainer has been received, any refusal of service on the part of The Photographer or The Client will be considered a Cancellation and handled according to that agreement. 

Cancellation/Rescheduling

All requests for cancellation/reschedule must be received in writing. The date and time of the notices receipt by The Photographer will apply when determining the cancellation/reschedule policies. These policies are outlined below:

Client Cancellation/Reschedule (NO Non-Refundable Retainer Paid):

If The Client did not pay a non-refundable retainer and cancels the booking of portrait services (excluding weddings/commercial shoots) over 24 hours from the booking time/date, no penalties will apply. For cancellations within 24 hours, 25% of the final invoice total quoted to The Client will be invoiced as a late-cancellation fee and due within 14 days of the invoice date.

If The Client requests a reschedule of the booking of services over 24 hours from the booking time/date, The Photographer will attempt to find a mutually agreeable time frame for the rescheduled booking.If a mutually agreed upon date cannot be found, it will be considered a cancellation and cancellation policy for NO non-refundable retainer will apply. 

Client Cancellation/Reschedule (Non-Refundable Retainer Paid):

Bookings requiring a non-refundable retainer will be bound by the Agreement that accompanies the booking, or in lieu of an agreement, the specific written correspondence with The Photographer and The Client leading up to that session.

Photographer Cancellation/Reschedule:

Photographer cancellation or reschedule of bookings requiring a non-refundable retainer will be bound by the Agreement that accompanies the booking, or in lieu of an agreement, the specific written correspondence with The Photographer and The Client leading up to that session.

Photographer cancellation or reschedule when a non-refundable retainer has not been paid by The Client will occur at the mutual agreement of The Photographer and The Client. If a reschedule cannot be accommodated, both parties will be released from further responsibilities.

Jurisdiction

This agreement shall be governed by the laws of British Columbia. The District of Saanich or the courts of Victoria BC hold exclusive rights to adjudicate any and all claims that involve The Photographer. 

Data Collection/Privacy

All Data Collection is bound by our Privacy Policy which can be found here