Terms and Conditions
Effective Date: September 15, 2024
These Terms and Conditions ("Terms") govern your use of photography and videography services provided by The Legendaley Collective, operating under the brand name Studio Daley ("we," "us," or "our"). By booking services, you ("the Client") agree to comply with and be bound by these Terms.
1. Selective Client Engagement
We aim to deliver high-quality photography and videography services that align with our unique artistic style and creative vision. However, we reserve the right to decline projects that fall outside the scope of work we can provide, at our sole discretion. Our decision on project acceptance is final. If we determine that a project does not align with these criteria, we will notify the client and offer to discuss alternative solutions or refer the client to other professionals.
2. Booking and Deposit
To secure your booking, a non-refundable deposit of 50% of the total project fee is required. This deposit guarantees the date and time for your project. The remaining balance is due upon delivery of the final product. Cancellations made within one week of the scheduled project date must be rescheduled. The deposit is non-refundable, except in special circumstances where we may agree to refund or reschedule at our sole discretion. Rescheduling requests must be agreed upon by both parties in writing.
3. Usage Rights and Licensing
Clients are granted limited usage rights to the final photos or videos for personal use on social media platforms. Any commercial use, redistribution, or resale of the photos or videos—whether for advertising, marketing, or any form of product sales—requires additional licensing, which must be negotiated and agreed upon in a separate contract. Unauthorized commercial use of our work is strictly prohibited, and legal action may be taken for violation of these terms.
We retain the right to use all content for promotional purposes, including but not limited to portfolios, social media, website showcases, and marketing materials.
4. Payment Terms
Payment consists of a 50% deposit to secure the booking, and the remaining 50% is due upon delivery of the final product. Acceptable forms of payment are E-transfer, Paypal, and Stripe. Failure to provide the final payment may result in the withholding of the final content until payment is completed.
All prices are exclusive of Goods and Services Tax (GST). GST will be calculated and added to the final invoice, and the client is responsible for paying the applicable tax.
5. Delivery of Final Work
Final digital content will typically be delivered within 21 to 30 days following the completion of the shoot. Should the client require expedited delivery, a rush fee of 20% of the total project fee will apply and must be agreed upon prior to the start of the project.
We do not provide raw, unedited files. The client hires us for our unique style and vision, and raw files would not accurately represent the final product. Special requests for physical prints or alternative formats must be made in advance and will incur additional costs.
6. Client Responsibilities
Clients are responsible for providing all essential details, including locations, access permissions, and other requirements, prior to the shoot. Failure to provide such information in a timely manner or uncooperative behavior before or during the shoot may result in delays, additional fees, or the termination of the project without refund. We will make every effort to work within the circumstances, but we reserve the right to withhold refunds if the client’s failure to provide necessary details impacts the outcome of the project.
7. Revisions and Feedback
We allow up to 2 rounds of revisions to the final product, within reason. Revisions beyond this limit will be subject to additional fees and may extend the project’s delivery timeline. Clients who require a delivery date sooner than 21-30 days from the shoot will be charged a rush fee of 20% of the total project price, which must be agreed upon before the work begins.
Clients are not entitled to a refund if they request significant changes after the project has been delivered or fail to communicate clear expectations during the process.
8. Model and Location Releases
Clients are responsible for securing model or location releases where necessary. If a client requires us to arrange models or obtain releases, additional fees will apply. We cannot proceed without proper releases, and failure to provide them may result in project delays or cancellation.
9. Limitation of Liability
We are not liable for any indirect, incidental, or consequential damages arising from project delays, loss of data, equipment failure, or other unforeseen circumstances beyond our control. In the event of equipment malfunction or data loss, we will make every reasonable effort to recover and complete the project but will not be held responsible for any lost opportunity or damages resulting from the loss of media.
10. Termination of Services
Clients may terminate the contract at any time. However, no refunds will be provided for any portion of work already completed, including the deposit. We also reserve the right to terminate services at our discretion, including but not limited to non-payment, breach of contract, or unprofessional behavior by the client. In such cases, no refunds will be provided for work already completed.
11. Force Majeure
We are not liable for delays or inability to fulfill our services due to circumstances beyond our control, including but not limited to natural disasters, pandemics, strikes, acts of terrorism, or governmental restrictions. In such cases, we will work with the client to reschedule or adjust the project as reasonably possible.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of British Columbia.
13. Changes to Terms
We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is the client’s responsibility to review these Terms periodically. Continued use of our services after any changes have been posted constitutes acceptance of those changes.
14. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Email: info@studiodaley.com