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CLIENT AGREEMENT:
Business + Commercial

Jess McShane Photography (The Photographer) agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific photos, poses, groups, etc. Her photography is candid in nature and her strength is in capturing authentic moments that evolve naturally through activities enjoyed by the Clients.

​SHOOT DAY: The Photographer will not be held liable for compromised coverage due to interference from outside parties. Likewise, The Photographer is not responsible for degraded coverage due to environmental issues, such as poor weather, event lighting, space, or backdrops.​

DELIVERY:  All the best captured images from the day will be selected and edited at the discretion of The Photographer. Images will be made available for viewing via the Photographer's website where usage rights may be purchased for each desired image. High resolution digital files will then be available for download.
The Photographer does not offer a guaranteed delivery timeline but does ensure they will make every effort to get them to the Clients in as timely a manner as possible.​

MODEL RELEASE: All participants in the photoshoot are required to submit a Participant Release. It can be found online at www.jessmcshane.ca/participantrelease.

HARASSMENT: The Clients acknowledge that they are responsible for ensuring appropriate behavior by all parties involved in the photo shoot, In the event that The Photographer identifies any inappropriate, threatening, hostile, or otherwise offensive behavior directed at them, their assistants, or their equipment, The Photographer reserves the right to end coverage of the events, retain all fees paid by the Clients, and hold no further responsibilities to the Clients. The Photographer agrees to notify the Clients of any of the above listed behaviors, and give them an opportunity to correct such behaviors, or remove the offending individuals from the venue prior to ending event coverage. 

LIABILITY: Should The Photographer be too ill, become injured or otherwise cannot supply the services agreed upon, the Photographer will attempt to reschedule. If an alternate date is not acceptable, they will attempt to book a replacement. If unsuccessful, liability is limited to a refund of any payments received. 

The Photographer has working methods in place to prevent loss or damage to your images. However, in the unlikely circumstance that images may be lost, stolen or destroyed for reasons in or beyond their control, liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied. 

FEES & IMAGE USAGE RIGHTS:  The Client agrees to pay The Photographer in full for the services and licences agreed upon at the rates agreed upon prior to digital delivery of the images. The fee table below outlines the per-image licencing fees, custom bulk packages can be accommodated. Additional hours of photography service can be added on the day of the shoot if mutually agreed upon by The Photographer and the Client at a rate of $100 per hour. Image Licence Fees are outlined below. Payment for “extra” items shall be due prior to production of the product (prints, albums, etc.). 

COPYRIGHT LAW: Copyright of photographs remains with The Photographer. The Licensee acknowledges that photographer is first and sole owner of all "copyright" of all photograph(s), and that photographer shall remain the sole owner of any and all photographs or any and all material used or to be used in relation to production or reproduction of said  photographs, as well as all copyright therein. “Photograph(s)" refers to and includes all original works or any part thereof created by the photographer use or intended to be used for printing or reproducing copies of the original. The photographer is entitled to use all photographs for self promotion purposes or to enter into any contest.

RESTRICTIONS ON IMAGE USE:

  • licensee may not assign or transfer this licence or any part thereof unless authorized in writing by photographer. upon default, the licensee shall be deemed cancelled by operation of law.

  • no unlawful use. licensee will not use the photos in any unlawful manner, such as pornography or defamation.

  • no use in trademark or logo. licensee will not use the photos in any trademark, design, logo or other mark.

  • no products for resale. licensee will not use the photos in any goods or products where the photos are the primary value.

  • no alterations. licensee will not alter the photos without the prior written permission of the photographer.

CANCELLATION: In the event of cancellation by the client, the deposit is non-refundable.