Terms of Service

This Agreement is made effective for all purposes in all respects between Liz Jeary (T/A Birdhouse Photography) herein after referred to as “the COMPANY” and the customer, hereinafter referred to as “The CLIENT” relating to the service detailed below, hereinafter referred to as “The SERVICE”.

  1. ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable.
  2. RESERVATION: A signed contract and deposit of 50% are required to reserve the dates and times of the SERVICE. If the SERVICE is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the deposit is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation.
  3. SERVICE SCHEDULE: The client agrees to confirm the schedule one-week prior to the SERVICE.  Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
  4. SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the SERVICE if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behaviour from person(s) during the SERVICE; or in the event that the safety of the photographer from the COMPANY is in question.
  5. SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.  If the CLIENT does not arrive at the appointed time for the SERVICE, shooting will commence at the scheduled start time and end at the scheduled end time.  All additional time beyond the scheduled end time will be billed to the CLIENT.
  6. EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
  7. TRAVEL EXPENSES:  All travel expenses are based on the distance between the SERVICE location(s) and the COMPANY address.
  8. RESPONSIBILITIES:  The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive CLIENTS, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.  The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects during the SERVICE if not readily available or presented to the COMPANY.
  9. VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
  10. PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
  11.  COPYRIGHTS: The photographs produced by the COMPANY are protected by Copyright Law (all rights reserved) and Intellectual Property Law, and may not be reproduced in any manner without the COMPANY’s explicitly written permission (Licence). Upon final payment by the CLIENT, an agreed Licence will be provided to the CLIENT
  12. MODEL RELEASE:  The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction.  The CLIENT releases all claim to profits that may arise from use of images.
  13. LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SERVICE. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the SERVICE. 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.  The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package for one year.
  14. CAPTURE AND DELIVERY:  The COMPANY is not liable to deliver every image taken during the SERVICE.  The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
  15. POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
  16. PAYMENT SCHEDULE: The aforementioned 50% non-refundable deposit is due at the time of signing of agreement. The remaining balance is payable in full within 30 days of the SERVICE. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to retain the Licence (required to legally use any images provided), immediately terminate this agreement with no further obligation, and retain any monies already paid.
  17. PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY