1. TERMS AND CONDITIONS FOR SERVICES RENDERED
This agreement is between Andy Nichols Photography, hereinafter referred to as the "Photographer", operating in the Province of Alberta, and you or your company, hereinafter referred to as the "Client", collectively referred to as the "Parties", with the photography or video session (hereinafter referred to as "Services") booked through www.andynichols.com/services-shop, hereinafter referred to as the "Site".
These Terms and Conditions contain the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous Contracts between the parties. The only way to add or change this Terms is to do so in writing, reviewed and signed by all parties. In the event that any part of these Terms and Conditions are found to be invalid or unenforceable, the remainder of them shall remain valid and enforceable. Any agreement to waive one or more provisions of these Terms and Conditions or any failure by one or both parties to enforce a provision of them shall not constitute a waiver of any other portion or provision of this Contract.
Change of Date or Location
The Photographer must be notified immediately of any changes in schedule or location, at least 48 hours prior to the scheduled date. Notification of any changes can be made by phone along with written notice sent via email or text message for documentation. If an email or text message is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the Client’s responsibility to confirm all arrangements at least 24 hours prior to the photography session. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.
There shall be no refund of more than 50% of the total purchased Services cost after the confirmation of booking a shoot and the reservation of the photography date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of the purchased Services. The Photographer cannot be held responsible for requested photographs not taken or missed, lack of photography resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the photography session, or by location restrictions. The Photographer is not responsible for the lack of photographs due to weather conditions, scheduling complications due to lateness of individuals, or rules and restrictions of locations. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do his best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer is not responsible if key individuals fail to appear or cooperate or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the session. Locations outside of the City of Calgary limits are subject to a Travel Fee of $0.48 per kilometer. Real estate or property photography or video is subject to a per kilometer fee of $0.38 The final billing price represents final costs.
Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives, raw video and or digital images (hereinafter collectively the “Media") created by the Photographer and/or subcontractor(s) remain the property of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any media created while performing the purchased Services for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Client is responsible for acquiring all required permits and necessary permission for all locations on which the Photographer will be performing services.
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Media is edited at the Photographer’s discretion, and delivered images may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
If the Photographer or its assigns cannot perform the Services purchased due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, up to a maximum of 50% of the total Services purchased, but shall have no further liability with respect to these Terms and Conditions. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
These are the Terms and Conditions for photography and video services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. By purchasing Services through the Site, The Parties agree to the above Terms and Conditions, and acknowledge that they have received, read, and understand them.
2. DIGITAL IMAGE LICENSING
Photo Downloads may be included as part of the initial Services or purchased from the Andy Nichols Photography Site. Andy Nichols Photography grants buyer a non-exclusive, non-transferable perpetual personal-use license to download and copy the accompanying image(s) (hereinafter referred to as the "Media") subject to the following restrictions unless otherwise negotiated: This license is for personal use only. Personal use means non-commercial use of the Media. 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.'
Neither Andy Nichols Photography nor Andy Nichols Photography's vendors will 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.
What you can do:
Personal, Non-Commercial use of the Media includes: Display on personal websites and computers. Making image prints for personal use.
What you may not do:
Buyer may not:
Resell, relicense, sub-license, redistribute without express written permission from the photographer. Use the media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. Use The Media in advertising.
Use The Media in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Incorporate The Media into trademarks, logos, or service marks. Make available for download. Andy Nichols Photography retains all rights, license, copyright, title and ownership of the Media.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, subscribe to the newsletter, fill out a form, and in connection with other activities, Services, features or resources we make available on our Site. Users may be asked for, as required, name, email address, mailing address and phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
How we use collected information
Andy Nichols Photography may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
4. TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")
Andy Nichols Photography facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with the photography studio's vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products through the photography studios online store, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and the photography studio's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
1. Pricing; Payment Terms
In order to purchase Products through the Andy Nichols Photography's online store, you are required to provide valid Payment Information as required by the online store. Andy Nichols Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon the photography studio's request. You agree to reimburse the photography studio for any and all costs incurred in collecting amounts owed by you to Andy Nichols Photography or a photography studio vendor, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that Andy Nichols Photography may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Andy Nichols Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions Andy Nichols Photography may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
2. Photo Downloads; Shipping Terms and Policies
If you purchase Photo Download or it was included in your contract, such download will be made available to you through the Services upon the photography studio's receipt of your valid Payment Information.
If you purchase Photo prints, Canvases, Albums or other physical medium Products, Andy Nichols Photography will use its commercially reasonable efforts (and it’s Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Andy Nichols Photography is not responsible for any delays in shipping. Andy Nichols Photography or Andy Nichols Photography's Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, the photography studio will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
3. Return Policy
Andy Nichols Photography guarantees your satisfaction with any physical Products that you purchase through Andy Nichols Photography's online store. If you are unsatisfied with any Photos, Prints, Canvases, Albums and/or other Products you have purchased through Andy Nichols Photography shop, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Photo download or Services), then upon your request, we may issue you a refund of up to 50% of the purchase price paid for such Product or Service at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact Andy Nichols Photography at firstname.lastname@example.org. Please do not contact your credit card company to dispute a charge before contacting Andy Nichols Photography.
4. Product Availability and Pricing
Andy Nichols Photography or Andy Nichols Photography's Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.
5. Product Descriptions; Pricing; Errors
Andy Nichols Photography strives to maintain accurate information in the online store and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other photography Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Andy Nichols Photography or its Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Andy Nichols Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, Andy Nichols Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
6. Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND ANDY NICHOL PHOTOGRAPHY'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND THE PHOTOGRAPHY STUDIO EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.