INTELLECTUAL PROPERTY RIGHTS & RELEASE

The photographer  owns all copyrights in any and all work(s) it creates or produces pursuant to A guide to copyright of Canada, whether registered or unregistered. All photos and images taken by Manaïca François Photography  and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. Photographer may reproduce, use and distribute the photos and images for any, business, marketing or studio purpose. Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session, and agrees that Photographer may showcase, market on social networks and his portfolio or otherwise distribute photographic materials from the session, including those depicting Client.

PAYMENT 

The first payment, which is half (50%) of the selected rate is a non-refundable retainer. The required retainer is due at the signing of the agreement.

No photography will take place and no rights are granted until the retainer is paid in full and a signed contract is received . Photographer will not reserve the session date and time until the retainer is paid in full and a signed contract is received. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients. 

If client desires , he or she can give the full payment at the signing of the agreement (optionnal)

Client shall pay the Total Cost to the photographer  throught: Paypal,  Direct deposit or  e-transfert. 

CANCELLATION, RESCHEDULING , DELAYS & NO-SHOWS  

Client Cancellation.To officially schedule a photoshoot, a non-refundable session retainer , which is half of the selected rate (50% ), is required to book and hold the date for your session and serves as a cancellation fee. If you cancel last minute, the vendor most likely would have been able to book someone else during that period. The photoshoot date and time won't be reserved until the deposit. The vendor will not write anything down in his/her calendar until the deposit has been paid. So if Client needs to cancel and does not want to re-schedule, Client may cancel or terminate their session in writing to Vendor via email any time after booking. However, the client will forfeit the session RETAINER and any sums already paid for the session.

Client Rescheduling. If the weather is crazy (rain, snowstorms, etc), act of God, the client is sick, etc. The client must absolutely contact and notify the vendor within 4-7 days prior to the date of session . The vendor will put your deposit toward a re-schedule (doesn’t include wedding, commercial sessions or other events). However, you can postpone your session only once without fees depending on the Photographer's availability and after the session has been booked, and you must do so in writing, by email, with the Photographer's agreement. If the proposed new dates are not convenient, the reservation fee will be forfeited. A second postponement will incur a $50 rescheduling fee, and any further postponement at any time will result in cancellation of the session by the CLIENT. The session is considered lost by the CLIENT.

Delay. If the client is more than 15 minutes late and has not made any contact with the photographer (email, text messaging or phone call), the session will be canceled and the deposit will be forfeited. If the session continues, additional fees will be charged to the customer for delays of more than 15 min.

No shows. However, if you simply don’t show up to the session, the deposit will not be refunded and will be forfeited .

PHOTOS DELIVERY & DOWNLOADING  

After the full payment, the original (unedited) raw pictures will be only shown (not distributed) in  a gallery in  2-3 days for you to choose (this does not include weddings, birthdays, any type of events or commercial work). However please note the raw pictures are not to use and not to publish cause  they are not an accurate representation of my work . After the full payment and the selection, all selected and edited pictures will be delivered in 2 weeks depending of the session or the contract.  For weddings, the pictures will be delivered in 4-8 weeks. While for other events (birthdays, bridal or baby shower, etc) the pictures will be delivered in 3-4 weeks depending of the contract. For commercial work , the pictures will be delivered in 3 weeks or more depending of the contract. All pictures will be delivered via Wetransfer or Pixieset on your e-mail. Please note that after 7 days the link will be expired , so don't forget to download quickly your pictures.

ARTISTIC RELEASE

Style. Client has spent a satisfactory amount of time reviewing the photographer’s work and has a reasonable expectation that Manaïca François Photography will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Manaïca François Photography will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with the photographer’s current portfolio and the photographer  will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

1. Every client and wedding is different, with different tastes, budgets, and needs;

2. Photography services are often a subjective art and the photographer  has a unique vision,

with an ever-evolving style and technique;

3. Manaïca François Photography will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; Any additional editing and retouching requested by Clients will require additional fees, with the fees set by Photographer based on the extent of the requested changes. Clients will be provided with an estimate prior to Photographer commencing the performance of additional editing.

4. Although Manaïca François Photography 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; . Therefore, all images distributed that will be published on social networks (Facebook, Instagram, twitter, tiktok, ...) or on any media platform  (website, blog, etc.) must remain as they were edited by the Vendor. Therefore Clients shall not make any adjustments to the images themselves, including but not limited to, changing colors/tones, cropping, adding textures and/or changing the image from color to black and white. No modifications are allowed by Client on the images, out of respect for the photographer's property rights on the images and his work.

5. Dissatisfaction with the photographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

CREDITS & PUBLISHING 

Publishing. All pictures that have been published on a website or posted on Social Media (Instagram, Facebook, twitter,...) must remain as they were originally edited by the photographer and sent to the clients (no filters allowed), please keep in mind the photographer spent hours working on the photos. 

Credits. Please don't forget to credit the photographer  and associates/staff on all published pictures. ADD ALL ROLES INVOLVED IN THE SHOOT ALONG WITH THEIR EMAIL, FACEBOOK, TIKTOK, TWITTER, INSTAGRAM, ETC HANDLE TO ENSURE ALL PROPERTIES ARE PROPERLY CREDITED: 

Photographer Instagram: @manaicam.photo

Photographer Facebook: @manaicam.photo Tiktok: @manaicam.photo

Stylist: @ the stylist social media Hairstylist: @ the hairstylist social media

MUA: @ the mua social media  

LOSS OF FILES
The photos are provided in digital version. The Customer is responsible for carefully storing these files and creating multiple copies to avoid their loss. The Photographer agrees to keep for 3 months your final files. You can request to get an additional shipment up to 3 months after your session. Only the photos purchased will be kept. After that the album/gallery will be deleted and replaced by new sessions. Raw files and unimproved photos when choosing photos will be deleted.

TRAVEL FEES 

Please note that sessions that require a trip of 1 hour drive or more and /or sessions outside of  Montreal agglomeration and/or other cities in Canada (Toronto, Vancouver, ...) and/or  international travel, applicable travel costs of $ 0.75 / km will be calculated based on the distance.

NON-USAGE/LOSS OF OPPORTUNITY FEE

Please notify me and let me know the reason before booking by email.  Please note  to keep your photos completely offline. There will be a non-usage fee/a loss of opportunity fee of  20% of the total amount due for photography coverage, to be paid prior to the event !

Please note that all  images that the photographer produces including galleries or portfolio is a very important aspect to develop / manage his business and attract customers, it is his livelihood. Without images on his portfolio, there is no possibility of seeing the work of the photographer and even appreciating his artistic style / vision.