TERMS AND CONDITIONS OF USE

Last Updated on March 5th, 2024.

These are the official Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ Shannon-May Photography Inc located at 157d Water Street, St. Andrews, NB E5B 1R7, herein known and referenced as “Company,” “Our,” “We,” and “Us.”

Our email is shannon@shannonmayphotography.com.  “You” and “Your” refer to users of this Company’s website, communications, offerings and related materials, herein known as “Offering.”

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses.

BOOKING PROCESS & PAYMENT TERMS: A non-refundable retainer fee is required to secure the session date and time. All remaining payments will be paid before the session takes place.  Upon payment of the retainer fee, The Studio shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, the retainer is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. In the event of cancellation, all monies paid shall be retained by The Studio to offset its loss of business. 

*Add On Services, Orders, or Upgrades: Anything not listed in the collection description is not included in the collection price. If CLIENTS wish to add any services, orders, or upgrades after CLIENTS sign this contract, the modification must be in writing and signed by all parties, and CLIENTS will be assessed additional fees and sales tax for the requested additional services, orders, or upgrades.

TERMINATION BY CLIENT: CLIENTS may terminate this agreement if notice of such termination is given to The Studio in writing. The Studio will also send an electronic cancellation agreement to CLIENTS, which must be signed by CLIENTS. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. The Studio shall retain CLIENTS retainer as liquidated damages AND CLIENTS shall be held liable for the payment of the A La Carte Value of all services provided up to the time of cancellation, more than the retainer, not to exceed the total agreed upon (collection amount + travel fees + sales tax).

TERMINATION BY THE STUDIO: The Studio may terminate this agreement if notice of such termination is given to CLIENTS in writing, signed by The Studio, before the original session date, to CLIENTS. The Studio will also send an electronic cancellation agreement to CLIENTS, which must be signed by CLIENTS. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. CLIENTS shall be held liable for the payment of the A La Carte Value of all services provided up to the time of cancellation. If the balance due under this section is less than the amount of the non-refundable retainer, The Studio shall refund CLIENTS the difference between the amount of the non-refundable retainer and the balance due under this section.

COPYRIGHT & IMAGE USE BY STUDIO: The photographs produced by The Studio are protected by Canadian Copyright Law (all rights reserved) and may not be reproduced in any manner without The Studio's written consent. The Studio owns all copyrights for any and all images produced in connection with this agreement. The Studio also reserves the right to publicly display the first names of CLIENTS or will use an alias upon request. As the author of all images made hereunder and as provided by law, The Studio shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by CLIENTS, without the written consent of The Studio, CLIENTS will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate.

ARTISTIC STYLE: On CLIENTS' own behalf, and on behalf of the subject(s): CLIENTS acknowledge that The Studio requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENTS are familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her vision of the session, which vision may be different from CLIENTS and /or the Subject’s vision of the session. Accordingly, CLIENTS acknowledge that the images shall not be subject to rejection based on taste, aesthetic criteria, or personal appearance.

LIMITATIONS ON LIGHT: The Studio is primarily an available light photographer. CLIENTS acknowledge that if any part of the session occurs at a time or in a location where available light is absent, The Studio will have to use artificial light sources and the images will look different than the natural light images CLIENTS have seen in The Studio's portfolio. Accordingly, CLIENTS acknowledge that the images shall not be subject to rejection based on taste, aesthetic criteria, or personal appearance.

CULLING + EDITING: After the session, each image is put through a careful selection process, where The Studio selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after The Studio completes this culling process. CLIENTS acknowledge that The Studio retains complete control over the culling and editing process. The Studio colour corrects and does minimal editing on all delivered images in Adobe Lightroom. The Studio also retains complete control over which images are delivered in colour and which images are delivered in black and white.

ADDITIONAL IMAGES/RAW IMAGES: Under no circumstance will The Studio release RAW images to CLIENTS. The Studio selects the best representation of the images created during the sessions for the CLIENTS’ portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to CLIENTS.

DIGITAL IMAGE PRODUCTION TIMELINE: For portrait sessions, The Studio shall post the online gallery of High-Resolution images within four (4) weeks of the session. CLIENTS shall download the zip file of all images from the online gallery and will not receive a physical disc of images. CLIENTS acknowledge that they understand how to download the images from the web onto their computer, including unzipping the zip file, and how to back up images to prevent image loss. The Studio is not responsible for user errors in downloading and saving final images.

ARCHIVAL OF IMAGES: The Studio reserves the right to delete all RAW images upon delivery of the final JPEG files to CLIENTS. Once The Studio delivers the final JPEGs to CLIENTS, CLIENTS accept all responsibility for archiving and protecting their images. The Studio does not permanently archive image files.

LIMIT OF LIABILITY: The Studio represents that reasonable care is taken with respect to capturing, developing, processing, storing, and delivering CLIENTS' images. However, if The Studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of The Studio’s control or The Studio's own negligence, The Studio’s liability shall be limited to a refund of all payments made by CLIENTS. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of the total number of original images. If there is a failure to capture certain images that CLIENTS requested or that were discussed at the planning meeting, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to CLIENTS, and The Studio shall not be liable for the same.
 

MISCELLANEOUS TERMS:

Failure by The Studio to exercise any provision, right or portion of this agreement or enforce any portion of this agreement shall not be deemed a waiver of any right contained in this agreement. The agreement shall be governed by and construed in accordance with the laws of New Brunswick of Canada. Any such suit shall be filed in Charlotte County, New Brunswick. No party may assign this contract without all other parties’ written permission. If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect. If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.
 

This document contains the entire agreement and full understanding between The Studio and CLIENTS. It supersedes all prior and contemporaneous agreements between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.