4.1 - Photographer and Client agree that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the shoot. For example, the Photographer has no liability for failing to capture the bride throwing the bouquet. Clients are encouraged to provide a suggestedphoto list to the Photographer no less than 24 hours prior to the shootto include photos that the Client would like the Photographer to shoot, but the Photographer has no liability for capturing any of the photos on the list.
4.2 - If the Photographer is unable to perform the services in this contract due to any cause outside their control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the Photographer’s control or expectation, the Client agrees to indemnify Photographer for any loss damage or liability; however, the Photographer will return in full all payments made by the Client to the Photographer in relation to this shoot.
4.3 – The Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. The Photographer will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.
4.4 – The Client understands and agrees that the Photographer is required to retain copies of a reasonable number of photos from the shoot for 6-months after the event. After this period has expired, the Photographer has no duty to retain copies or originals of files or photos from the event. It is the responsibility of the Client to purchase, store, and backup photos after the 6-month period. This clause is subject to the limitations in Section 4.3 of this Contract.
4.5 – The Client understands and agrees that the Photographer may have cords, light stands, and other gear at the location. The Client will hold the Photographer harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. The Client further agrees to hold the Photographer harmless for any personal injury which may occur as the Client poses or works with the Photographer.
4.6 – The Client agrees and understands that the quality of a photograph is entirely subjective. The Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of the Client.
4.7 – The Client agrees and understands that the Photographer may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. The Client agrees to hold the Photographer harmless for any edits which may be viewed as defamatory or demeaning.
Duty of Client:
The Client will obtain all permissions necessary for the Photographer to photograph at the shoot. The Photographer has no duty to obtain the permission of reception centers, churches, buildings, properties, or other locations to operate thereon. The Client understands and agrees that any failure to obtain these permissions resulting in fines to the Photographer, or which prevent the Photographer from photographing the event(s) is not the fault, liability, or responsibility of Photographer.
The Client agrees and understands that no party other than the Photographer may take pictures of any poses, lighting situations, or setups made by the Photographer. This slows down the Photographer’s work and violates the Photographer’s right to take pictures of the event. The Client agrees to take responsibility for insisting that no person(s) in the wedding party get in the way of the Photographer or take pictures in these situations.
Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the Alberta Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the province of Alberta. The arbitration shall be binding on the parties.
Assignability and Parties of Interest:
The Client agrees and understands that, unless otherwise specified in this Contract, the Client is not contracting for a personal service that will be performed by any specific Photographer. The Photographer may sub-contract or assign this contract to any second-shooter; the Photographer may assign any Photographer associated with their Photography Company to perform the duties under this contract. All Photographers must be capable and competent to perform the services in a workmanlike manner.
This Agreement constitutes a single integrated Contract expressing the entire agreement of the Client and Photographer with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
Amendment and Waiver:
This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.
Venue and Jurisdiction:
This Contract is governed by the laws of the province Alberta. The Client and Photographer agree to subject themselves to the laws of this province except for as provided in the arbitration clause. Client and Photographer hereby waive the right to object to venue within this province.