Terms of Service

AS PER SIGNED CONTRACT

1) COPYRIGHT
i. The noted client(s) agree that these images will not be used for another business, corporation, or persons promotional material unless expressed written consent is directly given by Ashley Brooks Photography. Without consent this Copyright Agreement will be deemed violated and an invoice will be sent in the amount of $150 per violation to any person(s) who violates it. Any such business that is in violation of this copyright will be sent an invoice for the affected use of the image(s).
ii. No further editing (ex: digital renditions) or filters (ex: Instagram) may be applied to the image(s), as these images are a reflection of the Photographer’s artistic work and talent, adding such things is a copyright infringement.  
iii. The noted client(s) acknowledge that the copyright of all images remain with Ashley Brooks Photography, and the client(s) relinquish all rights, title, and interest they may have in the finished images and hereby release Ashley Brooks Photography from any and all claims or demands for damages of any kind whatsoever arising from Ashley Brooks Photography’s use of said material. 

2) LIABILITY 
i. The noted client(s) understand that, although safety will be a priority, some avenues of photography performed by Ashley Brooks Photography could be physically challenging. Ashley Brooks Photography shall not be liable for any personal injury, loss or damage to property occasioned by any act or omission of the photographer(s). Any/ALL poses and locations are at the client(s) discretion.
ii. The noted client(s) recognize therefore the risk of injury from participating in this package, and hereby voluntarily assume that risk. The client(s) do further release Ashley Brooks Photography, its staff members/volunteers from all liability for any injury incurred by themselves/their child(ren) and agree to seek no legal recourse in the event of such injury against Ashley Brooks Photography. 

3) CONTRACT
The noted client(s) acknowledge and agree that the liability of Ashley Brooks Photography, its photographers, no matter howsoever caused, is limited to the following refund policy: 
i. If Ashley Brooks Photography is unable to supply the noted client(s) with any photographs from any coverage due to circumstances beyond its immediate, direct and reasonable control, including but without limiting the generality of the foregoing; due to digital film defect, camera or flash or lighting malfunction, loss or stolen property, physical limitation, then Ashley Brooks Photography will give the noted client(s) a refund for the amount paid for the affected coverage.
ii. If Ashley Brooks Photography is unable to perform photography on the agreed upon date, then an alternative date shall be set by both the client(s) and Ashley Brooks Photography at no cost to either party.
iii. ALL payments must be paid in full at least 48 hours before the photography session is to take place. If payment is not received 48 hours prior Ashley Brooks Photography must assume the contract has then been broken, and the session WILL be given to someone else. 
iii. 100% of the payments made are forfeited if this Photography Contract is broken, cancelled, or terminated by the client(s) prior to and including the noted date. 
iv. The client(s) acknowledge and agree that there will be a zero tolerance policy in regards to harassment;  Ashley Brooks Photography, its staff members/volunteers observe the right to terminate this contract at any time if their physical or mental wellbeing is jeopardized. 

4) PRINT & SOCIAL MEDIA RELEASE 
Ashley Brooks Photography gives the noted client(s) the right to print and share purchased image(s) on personal social media under the following agreements: 
i. Any image(s) with the word "PROOF" on them are NOT to be printed, shared, or altered in any way. Doing so is against above Copyright Agreement, if violated an invoice will be sent in the amount of $150 per violation to any person(s) who violates it. Any such business that is in violation of this copyright will be sent an invoice for the affected use of the image(s). 
ii. Only image(s) purchased through a Business contract may be used for business purposes. 
iii. Proper photo credit is to be given by tagging Ashley Brooks Photography in the main post or on individual photos posted via whichever media is being used as follows;
Instagram: @ashleybrooksphotography
Facebook: fb.me/ashleybrooksphotograph
any "Other" media: www.ashleybrooksphotography.ca

5) COVID-19
i.) Restrictions by the Government of Canada around Covid-19 have set forth that the Photographer will stay as far away as possible, and wear a face mask where distance is not possible. 
ii. If the client(s) feels ill with any Covid-19 symptoms on or before the session date, it is the client’s responsibility to inform the photographer, and the photographer’s right to terminate coverage immediately.  Also, if the Photographer is feeling unwell the session will be rescheduled, at no cost to the client(s). 
iii. It is the client's responsibility to inform the photographer if they have symptoms of Covid-19 14 days or sooner after the session date.  

6) MODEL RELEASE
i. The noted client(s) give Ashley Brooks Photography, its staff members/ volunteers permission to use the photographs taken of themselves and/or their child(ren) for publicity, promotional and commercial purposes. 
ii. The noted client(s) are of legal age and freely sign this release, which they have read and understand.

 




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