1. Parties

• Vendor: Rhodesphotographyy Ltd
  • Email: [email protected]
  • Phone: (+1) 431-323-5396

• Client: The individual or entity booking the photography services.

Collectively, the Vendor and Client are referred to as the “Parties.”

2. Purpose of the Agreement

The Client hires the Vendor to provide photography services as detailed in the invoice. The Vendor agrees to deliver these services according to the terms set forth in this Agreement.

3. Services Provided

• Scope of Services: All services and products included in the Client’s invoice are considered part of this Agreement.

• Location and Delivery: The Vendor will deliver the services at the location specified in the invoice and will complete the services unless otherwise stated.

4. Cost, Fees, and Payment

• Total Cost: The total cost of services is outlined in the invoice.

• Payment Terms:
  • 100% of the total cost is due on the date of the photography session.
  • The initial payment is a non-refundable retainer that compensates the Vendor for reserving the date and potential loss of other bookings.

5. Intellectual Property Rights

• Copyright Ownership: In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to Federal copyright law, whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business including but not limited to, portfolio display, social media promotion and marketing.

• Permitted Uses: The Vendor grants the Client a non-exclusive license to use the photographs for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:
  1. In photos on Client’s personal social media pages or profiles; or
  2. In personal creations, such as a scrapbook or personal gain; or
  3. In personal communications, such as a family newsletter or email or holiday card.

6. Artistic Release

• Creative Control: The Vendor will make every effort to accommodate the Client’s preferences but retains full artistic control over the final product. The Client acknowledges that:
  1. Photography services is a subjective art form, and the Vendor’s style may evolve;
  2. The Vendor will use its best artistic judgment, which may not include strict adherence to Client’s suggestions;
  3. Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;
  4. Dissatisfaction with Vendor’s aesthetic judgment or ability is not a valid reason for a refund, cancellation or termination of this Agreement;

7. Cancellations, Rescheduling, and No-Shows

• Client Cancellations:
  • If the Client cancels the session, the retainer fee is non-refundable.
  • Rescheduling is subject to availability.

• No-Shows: Failure to appear at the scheduled session will result in forfeiture of all payments.

• Vendor Cancellations: If the Vendor cannot fulfil the session due to seen/unforeseen circumstances, the Client will receive notice, a partial refund, or a credit toward future services.

8. Force Majeure (Impossibility)

Either party may be excused from performing their obligations under this Agreement if events beyond their control prevent performance, including:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestaon); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hoslity (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

In such cases, the Vendor will provide notice and work with the Client to reschedule or provide an appropriate refund or credit.

9. Governing Law

This Agreement is governed by the laws of Manitoba, Canada, and the applicable provisions of the Section 3(1) of the Copyright Act of Canada.

10. Severability

If any provision of these Terms is deemed unenforceable, the remaining provisions will remain in full force and effect.

11. Notice

Parties shall provide effective notice (“Notice”) to each other via email, WhatsApp text, text message or the methods of delivery at the date and time which the Notice is sent.

12. Entire Agreement and Amendments

This Agreement constitutes the final, exclusive agreement between the parties relating to the Photography Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

These Terms represent the entire agreement between the Vendor and the Client. Any changes to these Terms must be in writing and agreed upon by both parties.