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1. INVOICE AND BOOKING:
1.1. Every booking request is considered unsecured until initial payment have been made to Liz Andrews Photography.
1.2. Unsecured bookings are a proposed date and time for a session that have not yet been accepted by either the client(s) or Liz Andrews Photography.
1.3. Unsecured bookings do not reserve the date and time of the photographer, and can be secured by other clients.
1.4. Unsecured bookings are automatically considered cancelled within 7 calendar days of the booking.
1.5. The booking is considered secure once the initial payment is made to Liz Andrews Photography. The initial payment is to reserve the photographer's time on the date of the session which will not be advertised as being available to anyone else.
1.6. All secured bookings are subject to these terms and conditions and considered a contract thereon in.
1.7. If a third party is paying for the photography services, they will not have any direction over the actions of the photographer.
2. PAYMENT TERMS:
2.1. The initial payment will be applied to the total session price.
2.2. Unless otherwise indicated on the order or invoice, the remaining balance is due no later than 30 days prior to the session date.
2.3. Custom travel invoices are due no later than 30 days after the session date.
2.4. Liz Andrews Photography accepts Cash, E-transfer, Debit, Visa or Mastercard.
2.5. Interim payments maybe made toward the final balance, please contact Liz Andrews Photography if you would like to setup a schedule.
3. FAILURE TO MAKE FINAL PAYMENT AND OUTSTANDING BALANCES:
3.1. Failure to settle any remaining balance as described under the PAYMENT TERMS results in the immediate cancellation of the agreement as per the TERMINATION POLICY and negates any further obligation of performance by Liz Andrews Photography.
3.2. Should Liz Andrews photography agree not to cancel, a $5.00 (CAD) per day late fee is applied on late payments until the balance is paid in full.
3.3. No images, prints, proofs or products from the session will be released until the any remaining balance is paid.
4. TERMINATION POLICY
4.1. Clients may terminate this agreement at any time in writing by email to info@lizandrews.com.
4.2. The initial payment to reserve the photographers time is non-refundable in the event of a date change, session cancellation or any other reason provided by the client(s).
4.3. In the unlikely event that Liz Andrews Photography is unable to perform to the guidelines of this contract due to injury, illness, act of god, act of terrorism, or other cause beyond the control of Liz Andrews Photography, Liz Andrews Photography will make every effort to secure a replacement.
4.4. If a replacement is not found, Liz Andrews photography is required to terminate this agreement.
4.5. Liz Andrews Photography may terminate this agreement by e-mailing a letter to the clients e-mail address on account.
4.5.1. Responsibility and liability is limited to the return of all payments received for the session less the value of all services provided up to the time of cancellation.
5. TRAVEL FEES:
5.1. Sessions outside Calgary, Okotoks, Turner Valley, High River, Black Diamond and Dewinton are subject to travel fees of $1.10 per kilometre from Okotoks unless otherwise agreed in advance and recorded on the invoice or booking confirmation.
5.2. If an alternative agreement is made, a custom travel invoice from Liz Andrews Photography will be provided and the clients will be responsible to pay no later than 30 days after the session date.
5.3. Any custom travel agreements may include, but are not limited to, airline reservations, hotel reservations, local transportation, and a per diem food stipend.
6. MEAL POLICY:
6.1. A meal must be provided for the photographer and second shooter (if any) for any event in excess of 6 hours.
6.2. Photographers use this meal time for their break; therefore, there will not be a photographer to cover events during the meal break.
6.3. Liz Andrews Photography shall not be liable for events not captured during this break.
6.4. Liz Andrews Photography strongly recommend that the photographer(s) eat at the same time as everyone else for the most effective timeline.
7. ACTION CAUSING CONTRACTS TO BECOME VOID:
7.1. Contracts may become void under the following provisions: SESSION DATE CHANGE, SESSION LOCATION CHANGE, EXCLUSIVITY.
7.2. Liz Andrews Photography shall be relieved from further obligation and liability and shall retain the initial payment.
7.3. Clients are held liable for the payment of the value of all services provided up to the time of the action causing the contract to become void.
8. SESSION DATE CHANGE:
8.1. If Liz Andrews Photography is available for the new session date, all payments made thus far will be applied to the second date.
8.2. Booking may be subject to additional fees depending on season, location, and availability.
8.3. If Liz Andrews Photography is not available for the second date, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of these terms and conditions.
8.4. Any and all costs associated with the change of date for destination sessions are the responsibility of the client including but not limited to: changes to airline reservations, changes to hotel reservations, and changes to local transportation reservations. Any fees paid by Liz Andrews Photography are to be reimbursed by the client(s).
9. SESSION LOCATION CHANGE:
9.1. Clients shall be responsible for all of Liz Andrews Photography's travel costs subject to the TRAVEL FEES provision of this contract.
9.2. In the event that the client(s) decline to cover Liz Andrews Photography's travel costs, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract.
9.3. In the event Liz Andrews Photography is not available due to the location change (for example: the session was originally in September on a weekend date where Liz Andrews Photography was booked the following day for another session, and the new session is outside of the Calgary Area where travel back to the Calgary Area would make it impossible or impractical to get to the second session), this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract.
10. EXCLUSIVITY:
10.1. Liz Andrews Photography and her designated second-shooter (if any) shall be the sole professional photographers hired for the clients session.
10.2. Professional photography by any person or persons other than Liz Andrews Photography is not permitted.
10.3. Liz Andrews Photography is permitted to verbally request that guests refrain from photographing or taking video during any posed session.
10.4. Liz Andrews Photography does not object to other reasonable photography occurring during the session as long as it does not keep Liz Andrews Photography from fulfilling this agreement and professionally covering this session.
10.5. Liz Andrews Photography cannot be held liable for failing to capture images that are disrupted by guests or other vendors, due to reasons including but not limited to obstruction, subjects looking at other cameras, other flashes going off, etc.
10.6. Liz Andrews Photography prohibits the clients' guests from photographing over her shoulder during posed sessions and detail sessions.
10.7. In the event that clients hire another photographer, professional or amateur, without notifying Liz Andrews Photography and having agreement in writing, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract.
11. HOUSE RULES:
11.1. Liz Andrews Photography is limited by the guidelines of the ceremony officials and reception site managers.
11.2. Clients are responsible for negotiating deviations from the house rules.
12. LOCATION ACCESS, FEES + PERMITS:
12.1. All permits to shoot at locations that require permits, fees, permission or special access will be obtained and paid for by the client, including parking.
13. COPYRIGHT & IMAGE USE BY STUDIO:
13.1. The photographs produced by Liz Andrews Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Liz Andrews Photography's written consent.
13.2. Liz Andrews Photography owns all copyrights for any images produced in connection with this agreement, including the right to reproduce or publically display such images, for any personal or commercial purpose, without compensation to the Clients or notification to the Clients before use.
13.3. Liz Andrews Photography also reserves the right to publically display the names of clients for any purposes such as blog posts, submissions to magazines and social media posts.
13.4. As author of all images made here under and as provided by law, Liz Andrews Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. Copyright violations 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.
14. LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE:
14.1. Liz Andrews Photography grants the clients a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in the gallery ("Media"), according to the following terms:
15. COPYRIGHT AND OWNERSHIP
15.1. Liz Andrews Photography retains all rights, license, copyright, title, and ownership of the Media, now and in the future.
16. WARRANTIES:
16.1. AS IS: There are no warranties associated with the copyrighted digital images in this gallery, express or implied. The Media are provided "as is".
17. THIRD PARTY CLAIMS:
17.1. Neither Liz Andrews Photography nor our outside 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.
18. PERSONAL WEB USE:
18.1. Liz Andrews Photography permits the clients to post the copyrighted digital images in this gallery for personal use on social media and welcomes any credit given to Liz Andrews Photography. The copyrighted digital images may not be posted on business social media pages without the express written consent of Liz Andrews Photography with the exception of any branding, headshots or corporately sponsored session.
19. PERSONAL PRINT USE:
19.1. Liz Andrews Photography permits the clients to print the copyrighted digital images in the gallery for personal use; however, it is recommended prints should be ordered through Liz Andrews Photography as quality and warranty of the images printed through any other lab is not guaranteed.
20. ALTERATION OF DIGITAL IMAGES:
20.1. The alteration of any images through the use of personal digital image enhancement software, including but not limited to instagram, Picasa, Lightroom, Photoshop, etc, in any way, is prohibited.
21. COMMERCIAL USE/PERSONAL USE FOR MONETARY GAIN:
21.1. Commercial use or personal use for monetary gain, on the internet or in print is prohibited, unless written permission has been obtained from Liz Andrews Photography and credit is given to Liz Andrews Photography. The client's vendors may use the Media images of their work provided they give credit to Liz Andrews Photography.
22. OTHER TERMS:
22.1. Any other utilization or reproduction is specifically prohibited without the express written consent of Liz Andrews Photography. Nothing contained herein shall be deemed a release of Liz Andrews Photography's Copyright on any of the digital images.
23. WHAT YOU MAY DO:
23.1. Display on personal websites, personal social media, and personal digital devices. Make prints for personal use.
24. WHAT YOU MAY NOT DO:
24.1. Resell, re-license, sub-license, or redistribute without express written permission from Liz Andrews Photography. Use the Media in any way, whatsoever, in which you charge money, collect fees, or receive any form of remuneration, without express written permission from Liz Andrews Photography. Use the Media in any advertising without express written permission from Liz Andrews Photography. Use the media in a pornographic, obscene, illegal, immoral, libellous, or defamatory manner. Incorporate the Media into trademarks, logos, or service marks without the express written permission from Liz Andrews Photography.
25. ARTISTIC STYLE:
25.1. Liz Andrews Photography and her designated second shooter (if any) have complete creative, technical and artistic control over choice of poses, lighting, lenses, etc.
25.2. This agreement requires that the clients are familiar with Liz Andrews Photography's portfolio and are requesting services with knowledge of Liz Andrews Photography's style.
25.3. Clients understand that photographer's work is constantly evolving; that the photographer's services are of unique and artistic nature; that the images created may be different from images taken by Liz Andrews Photography in the past; and that in creating the images, Liz Andrews Photography shall use her personal artistic judgement to create images consistent with her personal vision of the session, which may be different from the clients and / or the subject's vision of the session.
25.4. Accordingly, the client's acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
26. LIMITATIONS ON LIGHT:
26.1. Clients acknowledge that in the event that any part of the session occurs at a time or in a location where there is an absence of natural light, Liz Andrews Photography will have to use artificial light sources and the images will look different than the natural light images the clients have seen in Liz Andrews Photography's portfolio.
27. WEATHER LIMITATIONS:
27.1. Clients recognize that Liz Andrews Photography prefers to shoot in outdoor, natural light for portrait sessions, including but not limited to engagement sessions. Therefore, Liz Andrews Photography reserves the exclusive right to reschedule her portrait sessions, including but not limited to engagement sessions, due to harsh weather conditions.
27.2. Liz Andrews Photography will notify the client via email 24-48 hours in advance of the portrait session if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc.
28. CULLING + EDITING:
28.1. Clients acknowledge that Liz Andrews Photography retains complete control over the culling and editing process.
28.2. Liz Andrews Photography colour corrects and determines the amount of editing necessary on all delivered images.
28.3. Liz Andrews Photography also retains complete control over which images are delivered in colour and which images are delivered in black and white.
28.4. Liz Andrews Photography completes skin retouching, body shaping, head swapping in line with her artistic style. If the clients wish for additional work to be done from delivered images, a rate of $30.00 per image will be charged.
29. ADDITIONAL IMAGES / RAW IMAGES
29.1. Liz Andrews Photography does not guarantee a minimum number of images in the clients' final portfolio. Clients can expect approximately 30 images per hour of portrait coverage and 10 images per hour of studio newborn coverage, although final delivery may vary based on individual session circumstances and conditions.
29.2. Liz Andrews Photography will not release RAW images to the clients.
29.3. Unless the session states otherwise, Liz Andrews Photography delivers every image that meets quality standards and therefore additional images beyond the final delivery will not be released to the clients.
29.4. If additional images that are available from a limited session, additional images can be purchased from the gallery.
30. ARCHIVAL OF IMAGES
30.1. Liz Andrews Photography deletes all RAW images that are not used in the final portfolio to the clients. Once Liz Andrews Photography delivers the final JPEG images to the clients, the clients accept all responsibility for archiving and protecting their images.
30.2. Once the clients gallery expires on Liz Andrews Photography, the JPEG images are archived for long term storage. If the client wishes to renew the gallery for 7 days, a small fee is chargeable, this fee is used to fund the archival facility connected to the website.
31. EQUIPMENT DAMAGE OR THEFT:
31.1. Liz Andrews Photography takes reasonable care to bring backup equipment. If the clients or any of the guests damages or steals the equipment belonging to Liz Andrews Photography, it may result in early departure of Liz Andrews Photography.
31.2. Clients understand that in such event Liz Andrews Photography cannot comply with the obligations of this contract due to equipment damage or theft resulting from an action of the clients or any of their guests, the clients will not receive a refund of any payments made.
31.3. The clients will be responsible for the costs of any repair or replacement of Liz Andrews Photography's equipment.
31.4. Liz Andrews Photography shall be relieved from liability for failing to capture images due to the theft or damage of equipment by the clients or their guests.
32. PLANNING MEETING + QUESTIONNAIRES:
32.1. Clients shall make every effort to attend any requested meetings which will be scheduled at a convenient time for both the clients and Liz Andrews Photography.
32.2. In lieu of a meeting, a questionnaire can be issued and the clients agree to complete any such questionnaire to the best of their ability and return it in a timely manner.
32.3. All Schedules, short lists or itineraries much be confirmed at least two weeks prior to the session, these can be captured in a meeting, questionnaire or sent via email prior to the event or session. Liz Andrews Photography will advise the client of all timeline suggestions for optimal coverage, therefore Liz Andrews Photography is not responsible for missed coverage due to session timeline changes including changes made by Wedding planners or coordinators.
33. CLIENT REQUESTS:
33.1. Liz Andrews Photography must know about key elements of the client(s) session in advance so that the important images may be captured.
33.2. Any information provided and discussed is not part of this contract, nor shall such information modify this contract.
33.3. Liz Andrews Photography will work to meet all the client(s) reasonable requests and expectations; however, Liz Andrews Photography does not guarantee specific images or poses.
33.4. Liz Andrews does not take photo suggestions or pose suggestions from images taken by other photographers. Each session location, light and couple is unique and therefore cannot be replicated.
34. COOPERATION:
34.1. Clients agree to cheerful cooperation and communication leading up to and on the session day.
34.2. Liz Andrews Photography does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during photography sessions.
34.3. In the event that the client or venue ask Liz Andrews Photography to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of her control, Liz Andrews Photography shall not be liable for images not taken that would normally have been taken during that time.
35. DIGITAL IMAGE PRODUCTION TIMELINE:
35.1. A full online gallery of high resolution images will be posted within thirty (30) days of the session or twelve (12) weeks if its a wedding.
35.2. Clients are responsible for downloading all the images from the online gallery.
35.3. The Clients acknowledge that they understand how to download images from the internet onto their computer, including unzipping the .zip files, and how to backup images to prevent image loss.
35.4. Clients acknowledge they will not receive a physical disc or drive of images unless purchased as an add-on.
35.5. Liz Andrews Photography is not responsible for user error in downloading and saving final images.
35.6. Your online gallery expires will expire after a set period of time as indicated in the gallery (varies by session).
36. DISCOUNTS AND CREDITS:
36.1. Discounts and product credits expire no later than one (1) year after the session.
37. LOST ITEMS:
37.1. Liz Andrews Photography is not responsible for items lost by Canada Postal Service or any other courier or invalid addresses on contact, account or order forms.
38. HARASSMENT:
38.1. In the event that Liz Andrews Photography feels harassed (verbally, sexually or physically), the following procedure will take place:
38.1.1. Liz Andrews Photography will firstly notify the client(s) of the harassment.
38.1.2. If it happens a second time, Liz Andrews Photography will request that the person be removed from the premises, wedding or event.
38.1.3. In the event that the client(s) refuse to remove the person from the premises or the person harassing refuses to leave, Liz Andrews Photography reserves the right to leave the session immediately.
38.1.4. If this occurs, Liz Andrews Photography will not be liable for any images not taken.
39. SUBSTITUTION:
39.1. In the unlikely event that Liz Andrews Photography cannot complete the responsibilities governed by this contract due to illness, death, fire, Act of God, or other event beyond its control, which precludes Liz Andrews Photography from performing the duties of coverage, the following shall occur:
39.1.1. Liz Andrews Photography will arrange for one (1) substitute photographer of equal or higher qualification.
39.1.2. An adjustment to either the fee amount or the contents of the client's collection, package or products.
39.1.3. If the client(s) do not accept Liz Andrews Photography's substitution offer, the client(s) may elect to terminate this agreement based upon the termination policy listed above.
39.1.4. Liz Andrews Photography's liability shall be limited to a refund of all payments made by the client(s), including a full refund of the initial payment.
39.1.5. Provided that Liz Andrews Photography complies with this provision, Liz Andrews Photography shall have no further liability to the client(s) with respect to this agreement.
40. LIMIT OF LIABILITY:
40.1. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Liz Andrews Photography's control or Liz Andrews Photography and her designated second shooter's negligence, including but not limited to camera, flash memory, hard drive, or equipment malfunction, Liz Andrews Photography's liability is limited to the return of all payments received for the session. 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.
41. INDEMNIFICATION:
41.1. To the fullest extent permitted by law, the client(s) agree to defend, indemnify, and hold harmless Liz Andrews Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or wilful misconduct or any breach of representation arising from conduct, management or performance of any activities by the client(s), the client(s) guests, the client(s) agents, or by any of the client(s) vendors.
41.2. In the event any such claim is made, and upon notice from Liz Andrews Photography, the client(s) agrees to reimburse Liz Andrews Photography for the cost of defending such an action or proceeding, using counsel satisfactory to Liz Andrews Photography.
41.3. This provision shall survive the termination of this agreement.
42. IRREVOCABLE MODEL RELEASE:
42.1. AGREEMENT between Liz Andrews Photography, located at 132 Crystal Shores Manor, Okotoks, Alberta, T1S 2H6 and the client(s).
42.2. For good and valuable consideration, receipt of which is hereby acknowledged, the client(s) grant to Liz Andrews Photography, her heirs, successors and assigns, and the second photographer, unlimited permission to license, use, reproduce and distribute images of themselves and other guests and/or property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. The client(s) understand and agree that images may be altered and modified to the point where they may even be unrecognisable. Images may be combined with other pictures, text or graphics. Liz Andrews Photography may even combine the client(s) name(s) or an alias name with the images. The client(s) understand that they will have no right to inspect or approve the final use of these images or copies that may accompany it. The client(s) agree that they have absolutely no right to compensation for use of these images. The client(s) warrant they will make no claim against Liz Andrews Photography or her assigns for compensation relating to the use of these images. The client(s) agree that this contract will be binding not only upon themselves, but upon their heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the province of Alberta.
42.3. By proceeding with this session and agreeing to these terms and conditions, the client(s) hereby release, acquit, indemnify, hold harmless and discharge Liz Andrews Photography, her employees, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of the images. If any suit is brought challenging the enforceability of this agreement, the client(s) agree to indemnify Liz Andrews Photography or her assigns for attorney fees and expenses. The client(s) represent and warrant that they are at least 18 years of age and have the full legal capacity to execute this release.
43. SECOND PHOTOGRAPHER ACKNOWLEDGEMENT:
43.1. Liz Andrews Photography is responsible for hiring of any second photographer (second shooter).
43.2. Dependent upon the agreement between Liz Andrews Photography and the second shooter, the second shooter may use the images taken at the session for his or her personal portfolio, on his or her website and/or blog, and on social media after Liz Andrews Photography has delivered the final images to the clients.
43.3. The independent second shooter may take images that do not meet the strict quality criteria of Liz Andrews Photography; therefore, Liz Andrews Photography reserves the right to reject those images from the final batch of delivered images.
43.4. Clients acknowledge that they will not receive additional images from the second shooter that Liz Andrews Photography has rejected from the final batch of delivered images.
44. PRINTS AND PRODUCTS ORDERED THROUGH LIZANDREWS.COM ("TERMS OF SALE"):
44.1. PRICING; PAYMENT TERMS:
44.1.1. In order to purchase products through Liz Andrews Photography's online store, you are required to provide valid payment Information or select the interac e-transfer option and complete payment within 3 days of the order. Liz Andrews Photography may terminate your order for products if unable to process payment and you do not provide an alternative form of payment upon request or if the interact e-transfer has not been received within the 3 days since placing the order.
44.1.2. Fulfilment of the orders will not commence until full payment has been received and any delays caused by late payments are entirely the client(s) responsibility. Prints and products are made to order and the client(s) agree to reimburse Liz Andrews Photography for any and all costs incurred in collecting amounts owed by you to Liz Andrews Photography or one of our outside vendors, including, without limitation, attorneys' fees and costs of collection agencies.
44.1.3. The client(s) are responsible for any taxes that they are obligated to pay or that Liz Andrews Photography may collect in connection with the purchase of products. If the sales or other taxes or fees on a transaction are not paid, the client(s) will be responsible in the event they are later determined to be payable on the sale, and Liz Andrews Photography reserves the right to collect the taxes or other related fees at any time. In certain jurisdictions, Liz Andrews Photography may be required to collect and remit sales tax in connection with the purchase of products. Any such taxes will be added to the purchase price and reflected on the invoice or receipt.
44.2. DIGITAL DOWNLOADS; SHIPPING TERMS AND POLICIES:
44.2.1. After the purchase of digital downloads they will be made available immediately unless otherwise indicated.
44.2.2. Upon the purchase of prints, canvases or albums or other physical products, Liz Andrews Photography will use its commercially reasonable efforts (and our outside vendors will use commercially reasonable efforts) to deliver or 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.
44.2.3. Prints and Canvases have a ten (10) business day lead time before they will be ready to ship or for collection.
44.2.4. Albums have up to an eight (8) week lead time before they will be ready to ship or for collection.
44.2.5. Liz Andrews Photography is not responsible for any delays in shipping but will make every reasonable effort to ensure products are delivered within reasonable time frames.
44.2.6. Liz Andrews Photography or their outside vendors reserve the right to substitute another carrier of equal or lesser cost.
44.2.7. All shipping charges are the clients 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.
44.2.8. If the actual shipping charge is more than the amount shown in your shopping cart, Liz Andrews Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Liz Andrews Photography is not responsible for items lost by Canada Postal Service or other couriers or invalid addresses on orders, accounts or contracts.
44.3. RETURN POLICY:
44.3.1. Liz Andrews Photography quality checks all products provided to Clients. In the unlikely event something has been provided that does not meet those high quality standards, please contact info@lizandrews.com within 30 days of receipt.
44.3.2. If the defect falls outside of the ARTISTIC STYLE clause, one (1) free replacement will be provided for each item returned.
44.3.3. Refunds are not available for digital products (i.e., a digital download).
44.3.4. Please do not contact your credit card company to dispute a charge before contacting Liz Andrews Photography as this will delay any offer of replacement.
44.4. PRODUCT AVAILABILITY AND PRICING:
44.4.1. Liz Andrews Photography or her outside 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.
45. PRODUCT DESCRIPTIONS; PRICING; ERRORS:
45.1. Liz Andrews Photography strives to maintain accurate information and to eliminate any errors. However, they do not warrant that product descriptions, photos, prints, canvases, albums and/or other product pricing or other photographer materials are accurate, complete, reliable, current, or error-free.
45.2. All weights and size dimensions are approximate.
45.3. While Liz Andrews Photography makes reasonable efforts to accurately display all details of the product offerings, including the applicable colour and/or brightness, please note that the actual colour and/or brightness seen for a photo depends on the settings of an individual’s computer screen and cannot be guaranteed that every computer will accurately display all photo colours.
45.4. Liz Andrews Photography or our outside vendors reserves the right to format, manipulate or otherwise modify photos as may be required to satisfy a particular order. If a product offered by Liz Andrews Photography is not as described or pictured, the sole remedy is to return the product in unused condition for a refund within thirty (30) days of receipt.
45.5. In the event of an error, whether contained in the services, in an order confirmation, in processing and order or otherwise, Liz Andrews Photography reserves the right to correct such error and charge the correct price or cancel the order, and the sole remedy in the event of such error is to cancel your order.
46. DISCLAIMER OF WARRANTIES:
46.1. The foregoing right to return any order within thirty (30) days is the clients sole and exclusive remedy, Liz Andrews Photography expressly disclaims and excludes all warranties, express or implied, regarding the purchase of any products. Certain provincial laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply, and the client(s) might have additional rights.
47. MISCELLANEOUS TERMS:
47.1. 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 wedding or portrait session, 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 at $300 per hour.
47.2. Failure by Liz Andrews Photography 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.
47.3. The agreement shall be governed by and construed in accordance with the laws of the Province of Alberta.
47.3.1. Any such suit shall be filed in Calgary, Alberta.
47.4. No party may assign this contract without all other parties’ written permission.
47.5. 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.
47.6. If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.
48. ENTIRE AGREEMENT:
48.1. This document contains the entire agreement and full understanding between Liz Andrews Photography and the client(s). It supersedes all prior and contemporaneous agreement between the parties.
48.2. Any modifications to the agreement shall be made in writing and signed by all parties.
48.3. BY SIGNING THIS CONTRACT OR PROCEEDING WITH THE BOOKING AND/OR SESSION, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE NONREFUNDABLE NATURE OF THE INITIAL PAYMENT.
1.1. Every booking request is considered unsecured until initial payment have been made to Liz Andrews Photography.
1.2. Unsecured bookings are a proposed date and time for a session that have not yet been accepted by either the client(s) or Liz Andrews Photography.
1.3. Unsecured bookings do not reserve the date and time of the photographer, and can be secured by other clients.
1.4. Unsecured bookings are automatically considered cancelled within 7 calendar days of the booking.
1.5. The booking is considered secure once the initial payment is made to Liz Andrews Photography. The initial payment is to reserve the photographer's time on the date of the session which will not be advertised as being available to anyone else.
1.6. All secured bookings are subject to these terms and conditions and considered a contract thereon in.
1.7. If a third party is paying for the photography services, they will not have any direction over the actions of the photographer.
2. PAYMENT TERMS:
2.1. The initial payment will be applied to the total session price.
2.2. Unless otherwise indicated on the order or invoice, the remaining balance is due no later than 30 days prior to the session date.
2.3. Custom travel invoices are due no later than 30 days after the session date.
2.4. Liz Andrews Photography accepts Cash, E-transfer, Debit, Visa or Mastercard.
2.5. Interim payments maybe made toward the final balance, please contact Liz Andrews Photography if you would like to setup a schedule.
3. FAILURE TO MAKE FINAL PAYMENT AND OUTSTANDING BALANCES:
3.1. Failure to settle any remaining balance as described under the PAYMENT TERMS results in the immediate cancellation of the agreement as per the TERMINATION POLICY and negates any further obligation of performance by Liz Andrews Photography.
3.2. Should Liz Andrews photography agree not to cancel, a $5.00 (CAD) per day late fee is applied on late payments until the balance is paid in full.
3.3. No images, prints, proofs or products from the session will be released until the any remaining balance is paid.
4. TERMINATION POLICY
4.1. Clients may terminate this agreement at any time in writing by email to info@lizandrews.com.
4.2. The initial payment to reserve the photographers time is non-refundable in the event of a date change, session cancellation or any other reason provided by the client(s).
4.3. In the unlikely event that Liz Andrews Photography is unable to perform to the guidelines of this contract due to injury, illness, act of god, act of terrorism, or other cause beyond the control of Liz Andrews Photography, Liz Andrews Photography will make every effort to secure a replacement.
4.4. If a replacement is not found, Liz Andrews photography is required to terminate this agreement.
4.5. Liz Andrews Photography may terminate this agreement by e-mailing a letter to the clients e-mail address on account.
4.5.1. Responsibility and liability is limited to the return of all payments received for the session less the value of all services provided up to the time of cancellation.
5. TRAVEL FEES:
5.1. Sessions outside Calgary, Okotoks, Turner Valley, High River, Black Diamond and Dewinton are subject to travel fees of $1.10 per kilometre from Okotoks unless otherwise agreed in advance and recorded on the invoice or booking confirmation.
5.2. If an alternative agreement is made, a custom travel invoice from Liz Andrews Photography will be provided and the clients will be responsible to pay no later than 30 days after the session date.
5.3. Any custom travel agreements may include, but are not limited to, airline reservations, hotel reservations, local transportation, and a per diem food stipend.
6. MEAL POLICY:
6.1. A meal must be provided for the photographer and second shooter (if any) for any event in excess of 6 hours.
6.2. Photographers use this meal time for their break; therefore, there will not be a photographer to cover events during the meal break.
6.3. Liz Andrews Photography shall not be liable for events not captured during this break.
6.4. Liz Andrews Photography strongly recommend that the photographer(s) eat at the same time as everyone else for the most effective timeline.
7. ACTION CAUSING CONTRACTS TO BECOME VOID:
7.1. Contracts may become void under the following provisions: SESSION DATE CHANGE, SESSION LOCATION CHANGE, EXCLUSIVITY.
7.2. Liz Andrews Photography shall be relieved from further obligation and liability and shall retain the initial payment.
7.3. Clients are held liable for the payment of the value of all services provided up to the time of the action causing the contract to become void.
8. SESSION DATE CHANGE:
8.1. If Liz Andrews Photography is available for the new session date, all payments made thus far will be applied to the second date.
8.2. Booking may be subject to additional fees depending on season, location, and availability.
8.3. If Liz Andrews Photography is not available for the second date, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of these terms and conditions.
8.4. Any and all costs associated with the change of date for destination sessions are the responsibility of the client including but not limited to: changes to airline reservations, changes to hotel reservations, and changes to local transportation reservations. Any fees paid by Liz Andrews Photography are to be reimbursed by the client(s).
9. SESSION LOCATION CHANGE:
9.1. Clients shall be responsible for all of Liz Andrews Photography's travel costs subject to the TRAVEL FEES provision of this contract.
9.2. In the event that the client(s) decline to cover Liz Andrews Photography's travel costs, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract.
9.3. In the event Liz Andrews Photography is not available due to the location change (for example: the session was originally in September on a weekend date where Liz Andrews Photography was booked the following day for another session, and the new session is outside of the Calgary Area where travel back to the Calgary Area would make it impossible or impractical to get to the second session), this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract.
10. EXCLUSIVITY:
10.1. Liz Andrews Photography and her designated second-shooter (if any) shall be the sole professional photographers hired for the clients session.
10.2. Professional photography by any person or persons other than Liz Andrews Photography is not permitted.
10.3. Liz Andrews Photography is permitted to verbally request that guests refrain from photographing or taking video during any posed session.
10.4. Liz Andrews Photography does not object to other reasonable photography occurring during the session as long as it does not keep Liz Andrews Photography from fulfilling this agreement and professionally covering this session.
10.5. Liz Andrews Photography cannot be held liable for failing to capture images that are disrupted by guests or other vendors, due to reasons including but not limited to obstruction, subjects looking at other cameras, other flashes going off, etc.
10.6. Liz Andrews Photography prohibits the clients' guests from photographing over her shoulder during posed sessions and detail sessions.
10.7. In the event that clients hire another photographer, professional or amateur, without notifying Liz Andrews Photography and having agreement in writing, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract.
11. HOUSE RULES:
11.1. Liz Andrews Photography is limited by the guidelines of the ceremony officials and reception site managers.
11.2. Clients are responsible for negotiating deviations from the house rules.
12. LOCATION ACCESS, FEES + PERMITS:
12.1. All permits to shoot at locations that require permits, fees, permission or special access will be obtained and paid for by the client, including parking.
13. COPYRIGHT & IMAGE USE BY STUDIO:
13.1. The photographs produced by Liz Andrews Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Liz Andrews Photography's written consent.
13.2. Liz Andrews Photography owns all copyrights for any images produced in connection with this agreement, including the right to reproduce or publically display such images, for any personal or commercial purpose, without compensation to the Clients or notification to the Clients before use.
13.3. Liz Andrews Photography also reserves the right to publically display the names of clients for any purposes such as blog posts, submissions to magazines and social media posts.
13.4. As author of all images made here under and as provided by law, Liz Andrews Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. Copyright violations 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.
14. LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE:
14.1. Liz Andrews Photography grants the clients a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in the gallery ("Media"), according to the following terms:
15. COPYRIGHT AND OWNERSHIP
15.1. Liz Andrews Photography retains all rights, license, copyright, title, and ownership of the Media, now and in the future.
16. WARRANTIES:
16.1. AS IS: There are no warranties associated with the copyrighted digital images in this gallery, express or implied. The Media are provided "as is".
17. THIRD PARTY CLAIMS:
17.1. Neither Liz Andrews Photography nor our outside 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.
18. PERSONAL WEB USE:
18.1. Liz Andrews Photography permits the clients to post the copyrighted digital images in this gallery for personal use on social media and welcomes any credit given to Liz Andrews Photography. The copyrighted digital images may not be posted on business social media pages without the express written consent of Liz Andrews Photography with the exception of any branding, headshots or corporately sponsored session.
19. PERSONAL PRINT USE:
19.1. Liz Andrews Photography permits the clients to print the copyrighted digital images in the gallery for personal use; however, it is recommended prints should be ordered through Liz Andrews Photography as quality and warranty of the images printed through any other lab is not guaranteed.
20. ALTERATION OF DIGITAL IMAGES:
20.1. The alteration of any images through the use of personal digital image enhancement software, including but not limited to instagram, Picasa, Lightroom, Photoshop, etc, in any way, is prohibited.
21. COMMERCIAL USE/PERSONAL USE FOR MONETARY GAIN:
21.1. Commercial use or personal use for monetary gain, on the internet or in print is prohibited, unless written permission has been obtained from Liz Andrews Photography and credit is given to Liz Andrews Photography. The client's vendors may use the Media images of their work provided they give credit to Liz Andrews Photography.
22. OTHER TERMS:
22.1. Any other utilization or reproduction is specifically prohibited without the express written consent of Liz Andrews Photography. Nothing contained herein shall be deemed a release of Liz Andrews Photography's Copyright on any of the digital images.
23. WHAT YOU MAY DO:
23.1. Display on personal websites, personal social media, and personal digital devices. Make prints for personal use.
24. WHAT YOU MAY NOT DO:
24.1. Resell, re-license, sub-license, or redistribute without express written permission from Liz Andrews Photography. Use the Media in any way, whatsoever, in which you charge money, collect fees, or receive any form of remuneration, without express written permission from Liz Andrews Photography. Use the Media in any advertising without express written permission from Liz Andrews Photography. Use the media in a pornographic, obscene, illegal, immoral, libellous, or defamatory manner. Incorporate the Media into trademarks, logos, or service marks without the express written permission from Liz Andrews Photography.
25. ARTISTIC STYLE:
25.1. Liz Andrews Photography and her designated second shooter (if any) have complete creative, technical and artistic control over choice of poses, lighting, lenses, etc.
25.2. This agreement requires that the clients are familiar with Liz Andrews Photography's portfolio and are requesting services with knowledge of Liz Andrews Photography's style.
25.3. Clients understand that photographer's work is constantly evolving; that the photographer's services are of unique and artistic nature; that the images created may be different from images taken by Liz Andrews Photography in the past; and that in creating the images, Liz Andrews Photography shall use her personal artistic judgement to create images consistent with her personal vision of the session, which may be different from the clients and / or the subject's vision of the session.
25.4. Accordingly, the client's acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
26. LIMITATIONS ON LIGHT:
26.1. Clients acknowledge that in the event that any part of the session occurs at a time or in a location where there is an absence of natural light, Liz Andrews Photography will have to use artificial light sources and the images will look different than the natural light images the clients have seen in Liz Andrews Photography's portfolio.
27. WEATHER LIMITATIONS:
27.1. Clients recognize that Liz Andrews Photography prefers to shoot in outdoor, natural light for portrait sessions, including but not limited to engagement sessions. Therefore, Liz Andrews Photography reserves the exclusive right to reschedule her portrait sessions, including but not limited to engagement sessions, due to harsh weather conditions.
27.2. Liz Andrews Photography will notify the client via email 24-48 hours in advance of the portrait session if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc.
28. CULLING + EDITING:
28.1. Clients acknowledge that Liz Andrews Photography retains complete control over the culling and editing process.
28.2. Liz Andrews Photography colour corrects and determines the amount of editing necessary on all delivered images.
28.3. Liz Andrews Photography also retains complete control over which images are delivered in colour and which images are delivered in black and white.
28.4. Liz Andrews Photography completes skin retouching, body shaping, head swapping in line with her artistic style. If the clients wish for additional work to be done from delivered images, a rate of $30.00 per image will be charged.
29. ADDITIONAL IMAGES / RAW IMAGES
29.1. Liz Andrews Photography does not guarantee a minimum number of images in the clients' final portfolio. Clients can expect approximately 30 images per hour of portrait coverage and 10 images per hour of studio newborn coverage, although final delivery may vary based on individual session circumstances and conditions.
29.2. Liz Andrews Photography will not release RAW images to the clients.
29.3. Unless the session states otherwise, Liz Andrews Photography delivers every image that meets quality standards and therefore additional images beyond the final delivery will not be released to the clients.
29.4. If additional images that are available from a limited session, additional images can be purchased from the gallery.
30. ARCHIVAL OF IMAGES
30.1. Liz Andrews Photography deletes all RAW images that are not used in the final portfolio to the clients. Once Liz Andrews Photography delivers the final JPEG images to the clients, the clients accept all responsibility for archiving and protecting their images.
30.2. Once the clients gallery expires on Liz Andrews Photography, the JPEG images are archived for long term storage. If the client wishes to renew the gallery for 7 days, a small fee is chargeable, this fee is used to fund the archival facility connected to the website.
31. EQUIPMENT DAMAGE OR THEFT:
31.1. Liz Andrews Photography takes reasonable care to bring backup equipment. If the clients or any of the guests damages or steals the equipment belonging to Liz Andrews Photography, it may result in early departure of Liz Andrews Photography.
31.2. Clients understand that in such event Liz Andrews Photography cannot comply with the obligations of this contract due to equipment damage or theft resulting from an action of the clients or any of their guests, the clients will not receive a refund of any payments made.
31.3. The clients will be responsible for the costs of any repair or replacement of Liz Andrews Photography's equipment.
31.4. Liz Andrews Photography shall be relieved from liability for failing to capture images due to the theft or damage of equipment by the clients or their guests.
32. PLANNING MEETING + QUESTIONNAIRES:
32.1. Clients shall make every effort to attend any requested meetings which will be scheduled at a convenient time for both the clients and Liz Andrews Photography.
32.2. In lieu of a meeting, a questionnaire can be issued and the clients agree to complete any such questionnaire to the best of their ability and return it in a timely manner.
32.3. All Schedules, short lists or itineraries much be confirmed at least two weeks prior to the session, these can be captured in a meeting, questionnaire or sent via email prior to the event or session. Liz Andrews Photography will advise the client of all timeline suggestions for optimal coverage, therefore Liz Andrews Photography is not responsible for missed coverage due to session timeline changes including changes made by Wedding planners or coordinators.
33. CLIENT REQUESTS:
33.1. Liz Andrews Photography must know about key elements of the client(s) session in advance so that the important images may be captured.
33.2. Any information provided and discussed is not part of this contract, nor shall such information modify this contract.
33.3. Liz Andrews Photography will work to meet all the client(s) reasonable requests and expectations; however, Liz Andrews Photography does not guarantee specific images or poses.
33.4. Liz Andrews does not take photo suggestions or pose suggestions from images taken by other photographers. Each session location, light and couple is unique and therefore cannot be replicated.
34. COOPERATION:
34.1. Clients agree to cheerful cooperation and communication leading up to and on the session day.
34.2. Liz Andrews Photography does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during photography sessions.
34.3. In the event that the client or venue ask Liz Andrews Photography to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of her control, Liz Andrews Photography shall not be liable for images not taken that would normally have been taken during that time.
35. DIGITAL IMAGE PRODUCTION TIMELINE:
35.1. A full online gallery of high resolution images will be posted within thirty (30) days of the session or twelve (12) weeks if its a wedding.
35.2. Clients are responsible for downloading all the images from the online gallery.
35.3. The Clients acknowledge that they understand how to download images from the internet onto their computer, including unzipping the .zip files, and how to backup images to prevent image loss.
35.4. Clients acknowledge they will not receive a physical disc or drive of images unless purchased as an add-on.
35.5. Liz Andrews Photography is not responsible for user error in downloading and saving final images.
35.6. Your online gallery expires will expire after a set period of time as indicated in the gallery (varies by session).
36. DISCOUNTS AND CREDITS:
36.1. Discounts and product credits expire no later than one (1) year after the session.
37. LOST ITEMS:
37.1. Liz Andrews Photography is not responsible for items lost by Canada Postal Service or any other courier or invalid addresses on contact, account or order forms.
38. HARASSMENT:
38.1. In the event that Liz Andrews Photography feels harassed (verbally, sexually or physically), the following procedure will take place:
38.1.1. Liz Andrews Photography will firstly notify the client(s) of the harassment.
38.1.2. If it happens a second time, Liz Andrews Photography will request that the person be removed from the premises, wedding or event.
38.1.3. In the event that the client(s) refuse to remove the person from the premises or the person harassing refuses to leave, Liz Andrews Photography reserves the right to leave the session immediately.
38.1.4. If this occurs, Liz Andrews Photography will not be liable for any images not taken.
39. SUBSTITUTION:
39.1. In the unlikely event that Liz Andrews Photography cannot complete the responsibilities governed by this contract due to illness, death, fire, Act of God, or other event beyond its control, which precludes Liz Andrews Photography from performing the duties of coverage, the following shall occur:
39.1.1. Liz Andrews Photography will arrange for one (1) substitute photographer of equal or higher qualification.
39.1.2. An adjustment to either the fee amount or the contents of the client's collection, package or products.
39.1.3. If the client(s) do not accept Liz Andrews Photography's substitution offer, the client(s) may elect to terminate this agreement based upon the termination policy listed above.
39.1.4. Liz Andrews Photography's liability shall be limited to a refund of all payments made by the client(s), including a full refund of the initial payment.
39.1.5. Provided that Liz Andrews Photography complies with this provision, Liz Andrews Photography shall have no further liability to the client(s) with respect to this agreement.
40. LIMIT OF LIABILITY:
40.1. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Liz Andrews Photography's control or Liz Andrews Photography and her designated second shooter's negligence, including but not limited to camera, flash memory, hard drive, or equipment malfunction, Liz Andrews Photography's liability is limited to the return of all payments received for the session. 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.
41. INDEMNIFICATION:
41.1. To the fullest extent permitted by law, the client(s) agree to defend, indemnify, and hold harmless Liz Andrews Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or wilful misconduct or any breach of representation arising from conduct, management or performance of any activities by the client(s), the client(s) guests, the client(s) agents, or by any of the client(s) vendors.
41.2. In the event any such claim is made, and upon notice from Liz Andrews Photography, the client(s) agrees to reimburse Liz Andrews Photography for the cost of defending such an action or proceeding, using counsel satisfactory to Liz Andrews Photography.
41.3. This provision shall survive the termination of this agreement.
42. IRREVOCABLE MODEL RELEASE:
42.1. AGREEMENT between Liz Andrews Photography, located at 132 Crystal Shores Manor, Okotoks, Alberta, T1S 2H6 and the client(s).
42.2. For good and valuable consideration, receipt of which is hereby acknowledged, the client(s) grant to Liz Andrews Photography, her heirs, successors and assigns, and the second photographer, unlimited permission to license, use, reproduce and distribute images of themselves and other guests and/or property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. The client(s) understand and agree that images may be altered and modified to the point where they may even be unrecognisable. Images may be combined with other pictures, text or graphics. Liz Andrews Photography may even combine the client(s) name(s) or an alias name with the images. The client(s) understand that they will have no right to inspect or approve the final use of these images or copies that may accompany it. The client(s) agree that they have absolutely no right to compensation for use of these images. The client(s) warrant they will make no claim against Liz Andrews Photography or her assigns for compensation relating to the use of these images. The client(s) agree that this contract will be binding not only upon themselves, but upon their heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the province of Alberta.
42.3. By proceeding with this session and agreeing to these terms and conditions, the client(s) hereby release, acquit, indemnify, hold harmless and discharge Liz Andrews Photography, her employees, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of the images. If any suit is brought challenging the enforceability of this agreement, the client(s) agree to indemnify Liz Andrews Photography or her assigns for attorney fees and expenses. The client(s) represent and warrant that they are at least 18 years of age and have the full legal capacity to execute this release.
43. SECOND PHOTOGRAPHER ACKNOWLEDGEMENT:
43.1. Liz Andrews Photography is responsible for hiring of any second photographer (second shooter).
43.2. Dependent upon the agreement between Liz Andrews Photography and the second shooter, the second shooter may use the images taken at the session for his or her personal portfolio, on his or her website and/or blog, and on social media after Liz Andrews Photography has delivered the final images to the clients.
43.3. The independent second shooter may take images that do not meet the strict quality criteria of Liz Andrews Photography; therefore, Liz Andrews Photography reserves the right to reject those images from the final batch of delivered images.
43.4. Clients acknowledge that they will not receive additional images from the second shooter that Liz Andrews Photography has rejected from the final batch of delivered images.
44. PRINTS AND PRODUCTS ORDERED THROUGH LIZANDREWS.COM ("TERMS OF SALE"):
44.1. PRICING; PAYMENT TERMS:
44.1.1. In order to purchase products through Liz Andrews Photography's online store, you are required to provide valid payment Information or select the interac e-transfer option and complete payment within 3 days of the order. Liz Andrews Photography may terminate your order for products if unable to process payment and you do not provide an alternative form of payment upon request or if the interact e-transfer has not been received within the 3 days since placing the order.
44.1.2. Fulfilment of the orders will not commence until full payment has been received and any delays caused by late payments are entirely the client(s) responsibility. Prints and products are made to order and the client(s) agree to reimburse Liz Andrews Photography for any and all costs incurred in collecting amounts owed by you to Liz Andrews Photography or one of our outside vendors, including, without limitation, attorneys' fees and costs of collection agencies.
44.1.3. The client(s) are responsible for any taxes that they are obligated to pay or that Liz Andrews Photography may collect in connection with the purchase of products. If the sales or other taxes or fees on a transaction are not paid, the client(s) will be responsible in the event they are later determined to be payable on the sale, and Liz Andrews Photography reserves the right to collect the taxes or other related fees at any time. In certain jurisdictions, Liz Andrews Photography may be required to collect and remit sales tax in connection with the purchase of products. Any such taxes will be added to the purchase price and reflected on the invoice or receipt.
44.2. DIGITAL DOWNLOADS; SHIPPING TERMS AND POLICIES:
44.2.1. After the purchase of digital downloads they will be made available immediately unless otherwise indicated.
44.2.2. Upon the purchase of prints, canvases or albums or other physical products, Liz Andrews Photography will use its commercially reasonable efforts (and our outside vendors will use commercially reasonable efforts) to deliver or 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.
44.2.3. Prints and Canvases have a ten (10) business day lead time before they will be ready to ship or for collection.
44.2.4. Albums have up to an eight (8) week lead time before they will be ready to ship or for collection.
44.2.5. Liz Andrews Photography is not responsible for any delays in shipping but will make every reasonable effort to ensure products are delivered within reasonable time frames.
44.2.6. Liz Andrews Photography or their outside vendors reserve the right to substitute another carrier of equal or lesser cost.
44.2.7. All shipping charges are the clients 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.
44.2.8. If the actual shipping charge is more than the amount shown in your shopping cart, Liz Andrews Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Liz Andrews Photography is not responsible for items lost by Canada Postal Service or other couriers or invalid addresses on orders, accounts or contracts.
44.3. RETURN POLICY:
44.3.1. Liz Andrews Photography quality checks all products provided to Clients. In the unlikely event something has been provided that does not meet those high quality standards, please contact info@lizandrews.com within 30 days of receipt.
44.3.2. If the defect falls outside of the ARTISTIC STYLE clause, one (1) free replacement will be provided for each item returned.
44.3.3. Refunds are not available for digital products (i.e., a digital download).
44.3.4. Please do not contact your credit card company to dispute a charge before contacting Liz Andrews Photography as this will delay any offer of replacement.
44.4. PRODUCT AVAILABILITY AND PRICING:
44.4.1. Liz Andrews Photography or her outside 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.
45. PRODUCT DESCRIPTIONS; PRICING; ERRORS:
45.1. Liz Andrews Photography strives to maintain accurate information and to eliminate any errors. However, they do not warrant that product descriptions, photos, prints, canvases, albums and/or other product pricing or other photographer materials are accurate, complete, reliable, current, or error-free.
45.2. All weights and size dimensions are approximate.
45.3. While Liz Andrews Photography makes reasonable efforts to accurately display all details of the product offerings, including the applicable colour and/or brightness, please note that the actual colour and/or brightness seen for a photo depends on the settings of an individual’s computer screen and cannot be guaranteed that every computer will accurately display all photo colours.
45.4. Liz Andrews Photography or our outside vendors reserves the right to format, manipulate or otherwise modify photos as may be required to satisfy a particular order. If a product offered by Liz Andrews Photography is not as described or pictured, the sole remedy is to return the product in unused condition for a refund within thirty (30) days of receipt.
45.5. In the event of an error, whether contained in the services, in an order confirmation, in processing and order or otherwise, Liz Andrews Photography reserves the right to correct such error and charge the correct price or cancel the order, and the sole remedy in the event of such error is to cancel your order.
46. DISCLAIMER OF WARRANTIES:
46.1. The foregoing right to return any order within thirty (30) days is the clients sole and exclusive remedy, Liz Andrews Photography expressly disclaims and excludes all warranties, express or implied, regarding the purchase of any products. Certain provincial laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply, and the client(s) might have additional rights.
47. MISCELLANEOUS TERMS:
47.1. 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 wedding or portrait session, 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 at $300 per hour.
47.2. Failure by Liz Andrews Photography 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.
47.3. The agreement shall be governed by and construed in accordance with the laws of the Province of Alberta.
47.3.1. Any such suit shall be filed in Calgary, Alberta.
47.4. No party may assign this contract without all other parties’ written permission.
47.5. 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.
47.6. If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.
48. ENTIRE AGREEMENT:
48.1. This document contains the entire agreement and full understanding between Liz Andrews Photography and the client(s). It supersedes all prior and contemporaneous agreement between the parties.
48.2. Any modifications to the agreement shall be made in writing and signed by all parties.
48.3. BY SIGNING THIS CONTRACT OR PROCEEDING WITH THE BOOKING AND/OR SESSION, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE NONREFUNDABLE NATURE OF THE INITIAL PAYMENT.
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