TERMS OF USE

Terms of Use

 

Shelly Welch Photography will always do her best to fulfill and hopefully even exceed your photography needs. But it’s often best for everyone to have a few things written down so that we both know who, what, where, when and how.

 

As is the industry standard, all our photography is conditioned upon the Terms and Conditions of our business. These terms may vary with each photoassignment. You will always receive exact details in advance of your proposed assignment. A Terms of Use or “Agreement”, which is not as ominous as it may sound, will be included with every estimate and invoice.

 

Here’s a look at our general Agreement. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand. The following is for informational purposes only.

 

Terms and Conditions

 

  1. A Photography session fee is due at time of booking in order to secure your session date. Images are purchased separately at the Session Reveal Meeting, approximately 3-4 weeks after the portrait session. No rights are granted unless and until Shelly Welch Photography has received full payment, including, if applicable, any late payment charges.  Unless otherwise agreed, the use of any image(s) prior to full payment, will be considered an unauthorized use.  The client agrees that the reasonable and stipulated amount that will be paid the Shelly Welch Photography for such an unauthorized use will be double the invoice total.

  2. All payments are non-refundable, in the event of a date change or cancellation for any reason. The fee is transferable.

  3. Checks returned by the bank for any reason will be charged a $50.00 service charge and sessions/orders will be cancelled if they are not paid in full within three days of notification. The client will receive notification either by phone or e-mail.

  4. The Client is responsible for covering additional fees and costs related to location choice including but not limited to mileage (outside Vancouver Lower Mainland), admission fees, parking, permits etc.

  5. Cameras other than Shelly Welch Photography's are not permitted at the portrait session.

  6. The Client is responsible for their own safety, the safety of those who accompany them, and the safety of each minor child accompanying them. The Client agrees to retain custody and control of each child at all times during the session to avoid injury. On behalf of themselves and such children, the Client releases Shelly Welch Photography from all claims and liabilities of any kind.

  7. With this signed agreement, Shelly Welch Photography reserves the right to use the images and/or reproductions for display, publication, or other purposes; including but not limited to use on the Shelly Welch Photography website, and Shelly Welch Photography Facebook and Instagram page. Under no circumstances can a Client use images for commercial purposes, profit, photographic competition, or professional display.

  8. No images will be released until Shelly Welch Photography is paid in full.

  9. Images provided by digital download, proof gallery, USB Flash Drive,  blog, website, or by email will not be copied, right clicked to save, taken by screen captures or otherwise obtained other than by purchasing them. Images presented in the gallery, blog, website, or the high resolution files will not be altered or edited unless written consent is provided by Shelly Welch Photography. These acts are unlawful under the current copyright laws. It is understood that Digital negatives (RAW files) are not released to the Client under any circumstances.

  10. Shelly Welch Photography will present the client with prints from the portrait session at a reveal appointment. The client will then choose their favourite images (in accordance with their purchased photography collection), and Shelly Welch Photography will provide those purchased images in High resolution on USB Flash Drive in the same size as the print purchased. With this gallery, the Client may manage and use the image files to produce prints for family and friends, for personal use only. Shelly Welch Photography is not responsible for printing errors or for quality of prints or products not printed directly by the photographer.

  11. IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD. The Client does not have permission to make copies for sale or for the purpose of circumventing sale of the images by the photographer, nor will the client authorize any reproductions of the images for commercial use. The Client is personally responsible for communicating the limitations of this Agreement to any person who receives a copy of the digital or printed images. The Client agrees to credit Shelly Welch Photography on the internet, for all social media use i.e. Facebook and Instagram - this ensures Shelly Welch's copyright is protected. The Client is required to use the provided Web sized images for any social media posting to further protect the client and Shelly Welch Photography’s copyright.

  12. Upon signature, digital or handwritten, Shelly Welch Photography shall reserve the time and date agreed upon. In the event of Shelly Welch's illness, other unforeseen circumstance or scheduling conflict, the photographer Shelly Welch may substitute another competent photographer to take the photographs or re-schedule. Requests for rescheduling by the Client are granted only at the discretion of Shelly Welch Photography.

  13. Images provided by Shelly Welch Photography shall be of a style and quality generally similar to photographs visible on Photographer’s portfolio at www.shellywelch.ca . Images are edited at the photographer’s discretion, and delivered images will not include all images shot. Shelly Welch Photography reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer’s artistic standards.

  14. Shelly Welch Photography shall make edited images available through an in-person reveal and ordering session.

  15. No shows - If the Client is more than 30 minutes late without contacting Shelly Welch Photography or does not show at all, the Photography Session fee is forfeited. If the Client wishes to reschedule the session after the no-show, the Client will need to re-pay the Photography Session Fee.

  16. Re-shoots are granted at the discretion of Shelly Welch Photography only. A re-shoot requires that all of the digital and/or print images from the first session are deleted. Shelly Welch Photography will photograph an entirely new session and will provide a new set of digital/print images.

  17. In the event that Shelly Welch Photography is unable to fulfill this agreement in whole or in part due to illness, technical or mechanical failure, or any other reasons that are beyond their control, Shelly Welch and Shelly Welch Photography shall not be held responsible. This limitation of liability will also apply in the event that the high resolution digital files are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost with or without fault of the photographer Shelly Welch. While every attempt is made to create the best images possible, no particular photo is guaranteed. The contract parties further agree to not take any legal or other action against Shelly Welch or Shelly Welch Photography and this agreement shall operate as a full and final release in any such action.

  18. You acknowledge that all Products and materials are non-refundable and non returnable, under any circumstances.  All sales are final.

  19. Any changes to this Agreement must be in writing and signed by both parties, Shelly Welch Photography and the Client. This Agreement incorporates the entire understanding of the parties and is governed by the laws of the Province of British Columbia.

 

NO WARRANTIES

 

PRODUCTS ARE PROVIDED “AS IS”. SHELLY WELCH PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  SHELLY WELCH PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

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LIMITATION OF LIABILITY AND INDEMNIFICATION

 

EXCEPT AS PROHIBITED BY LAW, SHELLY WELCH PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO SHELLY WELCH PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

 

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Province of British Columbia. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the provincial and/or federal courts for the Province of British Columbia.  Shelly Welch Photography reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Shelly Welch Photography’s Products, Materials and services.

 

Any questions regarding the above Terms may be directed to shelly@shellywelch.ca

VANCOUVER PHOTOGRAPHER      |     LANGLEY PHOTOGRAPHER     |    LOWER MAINLAND PHOTOGRAPHER

SHELLY@SHELLYWELCH.CA       |.   604.612.9491

ALL RIGHTS RESERVED     |     ©2019 SHELLY WELCH PHOTOGRAPHY     |     STUDIO IN LANGLEY, BRITISH COLUMBIA