This agreement outlines the terms and conditions governing the photography services provided by Kyle Beaulieu ("Photographer") to the client ("Client"). By booking and engaging the services of the Photographer, the Client acknowledges and agrees to the following terms:

 

1. Business Information

1.1 The Photographer operates under his personal name, Kyle Beaulieu.

 

1.2 For inquiries or correspondence, the Photographer can be reached at:

• Email: info@photosbykyle.ca

• Phone: 613-866-1125

 

 

2. Services Provided
 

2.1 The Photographer specializes in food, branding, and product photography for businesses.

 

2.2 Additional services may be available upon request but are offered exclusively to businesses, not individual consumers. Video production services are not provided.

 

2.3 Travel within the first 50 kilometers round trip from the Photographer’s operating area is included in the service. For travel exceeding this distance, an additional fee of $0.75 per kilometer will apply to the extra mileage.

 

2.4 The final travel cost will be included in the initial quote and will remain unchanged on the invoice unless additional travel is required after the booking is confirmed.

​

​

3. Booking and Payment Terms
 

3.1 Deposit: A non-refundable deposit of $200 is required to secure a booking. The deposit amount and payment details will be specified in the Client's invoice.

 

3.2 Confirmation: Bookings are confirmed only upon receipt of the deposit.

 

3.3 Post-Shoot Process: After the photoshoot, the Client will receive edited images for selection. An invoice for the remaining balance, including fees for selected images, will then be issued.

 

3.4 Payment Deadline: Full payment is required within thirty (30) days of the invoice date.

 

3.5 Accepted Payment Methods: The Photographer accepts Visa, MasterCard, American Express, JCB, Discover, UnionPay, Interac Debit, e-transfers to info@photosbykyle.ca, and cash.

​

​

4. Cancellations and Rescheduling
 

4.1 Cancellations: Deposits are non-refundable in the event of cancellation by the Client.

 

4.2 Rescheduling:

48 hours or more notice: Rescheduling is allowed at no additional cost.
Less than 48 hours’ notice: Rescheduling may incur additional fees unless circumstances are beyond the Client’s control.
 

 

5. Delivery and Revisions

5.1 Turnaround Time: The delivery timeframe for final edited images will be communicated during the booking process and may vary based on project requirements.

 

5.2 Delivery Method: Final images will be uploaded to a private gallery on www.photosbykyle.ca, with a download link provided to the Client.

 

5.3 Acceptance: Downloading the images signifies acceptance of the final edits.

 

5.4 Revisions:

• Up to three (3) rounds of revisions are included without additional fees.

• Requests for additional revisions may incur fees, which will be communicated prior to further work being undertaken.

• Revision requests must be submitted within fourteen (14) days of image delivery. After this period, the images will be considered accepted as delivered.

​​

​

6. Usage Rights
 

6.1 Client Usage Rights:

• The Client is granted unlimited, unrestricted lifetime usage rights for all purchased images upon full payment.

• These rights allow the Client to use the images across digital, print, and advertising platforms for business purposes without incurring additional fees.

• Resale, redistribution, sublicensing, or other third-party use of the images is strictly prohibited without prior written approval and a separate licensing agreement with the Photographer.

 

6.2 Photographer’s Rights:

• The Photographer retains the right to use any images presented for purchase, whether selected or not, for portfolio, marketing, and promotional purposes.

• No images will be published or shared publicly until the final images have been delivered, ensuring the Client has the opportunity to share their ordered media first.

• If the Client prefers specific images not to be used for these purposes, they must inform the Photographer during the ordering process.

 

6.3 Third-Party Licensing:

If the Client wishes to allow affiliated businesses (e.g., partners or sponsors) to use the images, they must first obtain approval and arrange additional licensing terms with the Photographer.
 

6.4 Modifications:

• The Client may modify purchased images as needed.

• While not mandatory, it is strongly encouraged that the Client contact the Photographer beforehand to allow for necessary adjustments.

• Modifications must not misrepresent the original work, diminish its quality, or harm the Photographer’s professional reputation. Any alterations should align with the Photographer’s brand and uphold the standards of excellence associated with the work.

 

6.5 Revocation of Rights:

• Usage rights are contingent upon full payment and adherence to these terms.

• Any violations, including unauthorized resale or redistribution, may result in immediate revocation of usage rights and potential legal action.

​

​

7. Liability
 

7.1 Property Damage: The Photographer is not liable for damages to property occurring on-site during the photoshoot.

​

7.2 Equipment Damage: Responsibility for damages to the Photographer’s equipment caused by the Client or their representatives will be determined based on fault, and the at-fault party shall cover repair or replacement costs.

​

7.3 Permissions and Attire:

• The Client is responsible for ensuring individuals being photographed are appropriately attired.

• The Client must secure all necessary permissions for photography at the location or involving individuals.

 

7.4 Indemnification: The Client agrees to indemnify and hold the Photographer harmless from any claims, fines, or damages resulting from the Client’s failure to secure permissions.

​​​

​​

8. Participant Injury
The Client acknowledges that the Photographer does not provide insurance for injuries sustained during the photoshoot. The Client assumes full responsibility for the safety of participants and agrees to indemnify the Photographer against any claims or liabilities arising from injuries.​​​

​​

​​

9. Model and Property Releases
The Client is responsible for obtaining all required model and property releases for individuals and locations involved in the photoshoot. The Photographer assumes no liability for claims arising from missing or inadequate releases.

​​

​​

10. Late Payments
A late fee of five percent (5%) per month will be applied to overdue payments. Accounts overdue by more than ninety (90) days may be referred to collections, with all associated costs billed to the Client.

​​

​​

11. 100% Satisfaction Guarantee

11.1 Commitment to Satisfaction: The Photographer is committed to ensuring the Client is completely satisfied with the final images delivered. If the Client is dissatisfied, the Photographer will work to resolve the issue, which may include additional revisions, retouching, or a reshoot, depending on the situation.

 

11.2 Refund Policy: If reasonable efforts to address the Client’s concerns do not result in satisfaction, a refund may be offered subject to the following conditions:

• 11.2.1 No Use of Images: If a full refund is issued, the Client agrees not to use any of the images from the shoot in any capacity, including personal, commercial, or promotional purposes. All rights to the images will revert to the Photographer.

• 11.2.2 Partial or No Refund: If the Client has used one or more images from the shoot before requesting a refund, the refund amount will be adjusted accordingly. Depending on the extent of usage, this may result in a partial refund or, in some cases, no refund. The final decision on the refund amount will be based on the specific circumstances.

• 11.2.3 Timeframe for Refund Requests: The Client must notify the Photographer of dissatisfaction within fourteen (14) days of receiving the final images. After this period, the images will be considered accepted, and no refunds will be issued.

 

11.3 Client Acknowledgment: By proceeding with the photoshoot, the Client acknowledges and agrees to these terms. This guarantee is designed to ensure Client satisfaction while protecting the integrity and value of the Photographer’s work.

​

​

12. Privacy and Confidentiality
The Photographer will maintain the confidentiality of any proprietary information disclosed by the Client during the project. Similarly, the Client agrees to respect the confidentiality of the Photographer’s methods and pricing. Confidentiality obligations remain in effect indefinitely.

​

​

13. Archival of Images

13.1 Archival Period: The Photographer will archive final edited images for one (1) year from the date of delivery. Clients are encouraged to download and securely back up their images upon receipt.

 

13.2 Re-sending Ordered Images: During the first year, the Photographer will re-send the Client’s ordered images at no additional cost if needed.

 

13.3 Ordering Additional Images: The Client may order additional images from the shoot for up to one (1) year after delivery. Only the cost of the additional ordered images will apply, with no extra fees for accessing the archived files.

 

13.4 After One Year: After the one-year archival period, storing, re-sending, or ordering additional images will be on a "best efforts" basis, as files may no longer be retained. If the files are still available, the Photographer will re-send the Client’s ordered images at no additional cost.

 

13.5 Client Responsibility: It remains the Client’s responsibility to ensure timely download and secure backup of all delivered images.

​​​​

​​

14. Permits and Permissions

14.1 Responsibility: The Client is solely responsible for obtaining all necessary permits, permissions, and authorizations required for the photoshoot at the chosen location.

 

14.2 Scope: Required permissions may include, but are not limited to, approvals from property owners, landlords, or local authorities.

 

14.3 Liability: The Photographer is not responsible for any delays, fines, or legal issues arising from the Client’s failure to secure the necessary permissions.

​​

 

15. Equipment and Property Liability

15.1 Damage to Client Property: While every precaution will be taken to avoid damage, the Photographer is not liable for any accidental damage caused to the Client’s property during the photoshoot.

​

15.2 Damage to Photographer’s Equipment: The Client is responsible for any damage to the Photographer’s equipment caused by the Client, their employees, contractors, or representatives.

​

15.3 Fault Determination: Responsibility for damages will be determined based on fault, and the at-fault party will be required to cover the repair or replacement costs.

​

​

16. Health and Safety
 

16.1 Compliance: The Client is responsible for ensuring that the photoshoot site complies with all applicable health and safety regulations.

 

16.2 Hazard Disclosure: The Client must inform the Photographer of any known hazards, risks, or unsafe conditions at the site.

​

16.3 Unsafe Conditions: If the site is deemed unsafe at any time, the Photographer reserves the right to halt or reschedule the photoshoot. Any additional costs incurred as a result will be the responsibility of the Client.

​

​

17. Force Majeure

17.1 Circumstances Beyond Control: The Photographer is not liable for failure to perform the photoshoot due to circumstances beyond his control, including but not limited to natural disasters, illness, or emergencies.

 

17.2 Notification: The Photographer will notify the Client as early as possible if such circumstances arise.

 

17.3 Resolution: Efforts will be made to find an alternative solution, such as rescheduling the photoshoot.

 

17.4 Refunds: If rescheduling is not possible and the cancellation is due to circumstances on the Photographer’s end, the deposit will be refunded in full.

​

​

14. Governing Law and Jurisdiction
 

14.1 Governing Law: This agreement is governed by the laws of the Province of Quebec, Canada.

 

14.2 Jurisdiction: Any disputes arising under or in connection with this agreement will be subject to the exclusive jurisdiction of the courts located in Quebec, Canada.

​

​

15. Amendments

15.1 Right to Amend: The Photographer reserves the right to amend these terms and conditions at any time without prior notice.

 

15.2 Applicability: The most current version of these terms and conditions will apply to all new projects and ongoing agreements as of the date of amendment.

 

15.3 Notification: Clients with existing agreements will be notified of any material changes that may impact their projects.