Standard Terms & Conditions

  1. DEFINITIONS:
    1. “Assistant Photographer(s)” refers to other photographers enlisted by the Photographer for the express purpose of completing the Project per the Contract. The use of an Assistant Photographer will be listed on the Contract.
    2. “Client” refers to the named individuals on the Contract and are responsible for the commission of the Contract and all payments to the Photographer.
    3. “Contract” refers to the contractual agreement between RTG Photography and the Client. The Contract will contain detailed specifications regarding the photography shoot, deliverables, services, payment and schedules.
    4. “Photographer” refers to the individual talent identified on the Contract.
    5. “Project” refers to the specific event, wedding day or photography session and includes any additional services described on the Contract.
    6. “Work” refers to all photographic images, negatives, digital files, online galleries, prints or other materials created by the Photographer and/or the Studio during the Project.
  2. LIMITS OF LIABILITY: RTG Photography will take the upmost care with respect to the exposure, development, storage and delivery of all Work as per the Contract. However; in the event RTG Photography fails to comply with the terms of the Contract due to any event or act which prevents the delivery of the Work from the Project or results in loss of the Work, the limit of RTG Photography’s liability to the Client shall be limited solely to the refund of all money paid by the Client to RTG Photography. The Client’s sole remedy shall be receiving a refund of all money paid by the Client to RTG Photography as per the Contract.
  3. SPECIFIC IMAGES: The Photographer and the Client further agree that RTG Photography cannot be held liable for any specific image not delivered. The Client acknowledges and understands that the Photographer and Assistant Photographer(s) use a highly stylized, artistic and creative approach to Projects. Poised or pre-arranged images of specific events or individuals/families must be agreed upon prior to the Project and should be written into the Contract or Addendum. Any failure by RTG Photographer, the Photographer or Assistant Photographer to deliver any specific image shall not be a breach of the Contract and shall not result in a refund of any monies paid by the Client to RTG Photography. No further remedy by RTG Photography and the Client will be provided.
  4. SCHEDULE OF PAYMENTS: Pricing will be valid for (90) ninety days after the Project. The Client is required to pay the deposit and final payment(s) as described below before the Photographer has any obligation to render services per the Contract. Should the Client request prior to the acceptance of the Contract, a Payment Installation Schedule can be set up to the maximum of (3) payments inclusive of the following: Deposit, Second Installment and Final Payment. The payment schedule will be outlined on the Contract.  The Client’s failure to pay the deposit, any installment payments and/or the final payment(s) shall be deemed a material breach of the Contract, resulting in damages to RTG Photography, and shall relieve RTG Photography, the Photographer and/or Assistant Photographer(s) from performing any services or providing any Work as per the Contract.
    1. DEPOSIT: A 50% deposit of the Contract price is required and will be outlined on the Contract. The Deposit reserves the Photographer’s services and talent for the Project on the date and time, and at the locations(s) described on the Contract. Should the finalized details of schedule and location(s) not be known at the time of the Contract acceptance; the Client and the Photographer agree that date, time and location(s) will be determined no later than 2 weeks prior to the shoot and an Addendum to the Contract will be issued. The Photographer agrees to advise the client of potential schedule conflicts. Deposits are still due at time of Contract regardless if the exact Location, date and time are not known at signing. Refer to Section 5 regarding refunds.
    2. INSTALLMENT PAYMENT(S): Installment payment(s) are non-refundable and will be outlined on the Contract. Due dates for Installment Payment(s) will be outlined on the Contract and shall not be less than 45 days prior to the Project date.
    3. FINAL PAYMENT: Final payment(s) will be outlined on the Contract and shall not be due more than (30) days after the Project. Final Payment Date will be noted on the Contract. Failure to pay the Final Payment will result in breach of the Contract and any Work generated may not be released to the Client until the Final Payment has been received.
  5. ACCEPTED FORMS OF PAYMENT:
    1. Cheque: please make payable to RTG Photography/Leslie Archer. The booking will not be secure until payment is received and cleared through the bank.
    2. eTransfer: please send eTransfer payments to archer@rtg-photography.com and advise the Photographer of the password.
    3. Credit Card: we accept online payments of credit cards either via Swipe or PayPal.
    4. PayPal: we accept online payments via PayPal.
  6. POSTPONEMENT, CANCELLATION AND LIQUIDATED DAMAGES:
    1. POSTPONEMENT: The Client hereby acknowledges that in the event there is a Postponement of the Project, RTG Photography, the Photographer and/or the Assistant Photographer(s) may suffer loses in terms of other missed bookings. The Client shall notify (in writing) RTG Photography of the Postponement as soon as possible to minimized the damages to RTG Photography. RTG Photography will not charge a fee for the first postponements. Second and subsequent postponements will be charged a $500.00 fee in addition to any fees outlined on the Contract.
      1. WEATHER RELATED POSTPONEMENT: If the Project must be postponed due to inclement weather, the Client shall have the option to find an alternate location and/or reschedule. The Photographer will not charge any postponement fees due to inclement weather. The Client agrees the Photographer will not be held liable for postponements due to inclement weather.
      2. SITE CONDITIONS POSTPONEMENT: Should the site not be able to safely accommodate a photography shoot; it is at the discretion of the Photographer to decide to postpone the shoot until such time that the site is acceptable. The Photographer will not be held liable for any refunds should this occur. A safety hazard assessment will be completed by the Photographer prior to starting the shoot. At no point, will the Photographer allow unsafe work conditions. Should an issue be found, the Photographer will notify the Client immediately and give the opportunity to rectify the concern during the timeframe of the shoot. If the concern cannot be rectified within 30 minutes of Client notification, the shoot will be postponed and a mobilization fee of $175 will be billed to the Client in addition to the Contract fees. Please see Section 12.
    2. CANCELLATION: The Client acknowledges that in the event there is a Cancellation of the Project, RTG Photographer, the Photographer and/or the Assistant Photographer(s) may be financially impacted. The Client shall notify (in writing) RTG Photography of the Cancellation as soon as possible to minimized the damages to RTG Photography. Cancellation Policy is outlined as such:
      1. Standard Portrait Packages (Packages $200 or less):
        1. Cancel within 7 days of booking: Full Refund of payment
        2. Cancel 2-7 Days prior to booking: 50% Refund of payment
        3. Cancel 24-48 hours prior to booking: 25% Refund of payment
      2. Weddings, Special Events and Custom Packages (Packages $200 to $2000):
        1. Deposits and payments made as part of a negotiated payment plan are non-refundable
        2. Any allowable refunds will be listed directly on the Contract
      3. Weddings, Special Events and Custom Packages (Over $2000):
        1. Cancellations within (1) month of the contract date for any package over $2000 will be charged a $500 cancellation fee.
        2. Deposits and payments made as part of a negotiated payment plan are non-refundable
        3. Any allowable refunds will be listed directly on the Contract.
      4. The amounts listed above are solely to cover any potential loss of costs incurred or loss of potential revenue.
      5. Change of Hands Contract: The Client has the option to find another Client to take over the Contract. The original signing Client will be responsible to collect any moneys already paid to the Photographer directly from the new Client. The Photographer will not be responsible for negotiating payment between the original Client and the new Client. The new Client must be willing assume all responsibilities for fulfilling the original Client’s contractual obligations.
  7. COOPERATION AND APPROVALS: The Client and RTG Photography, the Photographer and/or the Assistant Photographer(s) acknowledge that cooperation, communication and good faith are required to successfully complete the Project per the Contract. In the event RTG Photography, the Photographer and/or the Assistant Photographer(s) are unable to deliver a portion of the Work as outlined in the Contract due to the failure of the Client to communicate requirements, cooperate or provide the necessary approvals regarding the Work and/or Contract, then RTG Photography, the Photographer and/or the Assistant Photographer(s) shall not be obliged or held liable to deliver that portion of the Work to the Client. Instead all parties as outlined in the Contract agree as follows:
    1. PHOTOGRAPHY CREDIT (180 DAYS): Should the Client not perform the required acts or approvals related to the Project, Work or Contract within (180) days after the Project date, the Client shall receive a photography credit for the portion of undelivered Work and/or Services required under the Contract. This Credit may be used towards the purchase of the undelivered Work or other Services and Products at the current prevailing rates.
    2. ARCHIVE FEE (365 DAYS): Should the Client not perform the required acts or approvals related to the Project, Work or Contract within (365) days after the Project, the Client shall be charged a $300.00 archive fee to maintain storage of the undelivered Work. This archive fee is in addition to any other sums as paid by the Client pursuant to the Contract.
    3. TERMINATION (545 DAYS): Should the Client not perform the required acts or approvals related to the Project, Work or Contract within (545) days after the Project, then RTG Photography, the Photographer and/or the Assistant Photographer(s) performance per the Contract shall be deemed complete and the Contract terminated. RTG Photography will notify the Client in writing that the Contract has been terminated and shall have no further obligation to the Client to store the undelivered Work to the Client. RTG Photography shall assume no responsibly for storage of the Work and shall not assume any liability if any portion of the Work is lost, stolen, damaged or otherwise be rendered unavailable to the Client.
  8. EXCLUSIVE OFFICAL PHOTOGRAPHER: The Client acknowledges and agrees that RTG Photography, the Photographer and/or the Assistant Photographer will be retained as the sole photographer for the duration of the Project. The presence of Other Photographers at the event may adversely impact the ability and creativity of the Photographer and/or the Assistant Photographer(s) to create and complete the Work as outlined on the Contract. This may cause the Work to be incomplete or fail to meet the standards represented by RTG Photography.
  9. COPYRIGHT and USAGE: RTG Photography, the Photographer and/or the Assistant Photographer(s) retain all copyrights. The Work created by the Photographer and/or the Assistant Photographer(s) during the Project constitutes the copyrighted work of RTG Photography, the Photographer and/or the Assistant Photographer(s). Any Work delivered to the Client is for the Client’s personal use only and is not available for commercial use unless otherwise negotiated in a Commercial Contract. The Client may not reproduce or sell any portion of the Work, nor authorize the sale or use of the Work without written consent of RTG Photography. RTG Photography, the Photographer and/or the Assistant Photographer(s) reserve the right to use any Work generated by the Project for exhibitions, promotion, displays and publication. Clients who receive digital images will receive a Print Licence and is authorized to print copies in any size or quantity for personal use only. Reproduction of the Work on the USB drive is prohibited unless written permission has been obtained from RTG Photography.
  10. INHERENT QUALITIES: The Client is aware and understands that colour dyes in photographic images may fade or discolour over times. The Photographer cannot control the conditions under which the Client will display or protect the photographic images and as such will not be held liable for any image or colour degradation. Storage media (such as USB drives, DVD or CD’s) may also deteriorate overtime. The Photographer cannot control the conditions under which such storage devices may be used and as such will not be held liable for any storage media degradation or loss of images.
  11. PRINT RELEASE: Purchased digital files will come with a Print Release for the Client’s personal usage. The Client acknowledges that the Photographer cannot control the image, colour or print quality by the Client’s photography lab. The Photographer will not be held liable for any images printed by the Client’s photography lab of choice.  
  12. MODEL RELEASE: The Client shall permit RTG Photography, the Photographer and/or the Assistant Photographer(s) the use of any images or Work generated from the Project for publication, promotion, display or other used without payment of additional compensation to the Client or the Client’s Agents. Client’s guests and/or participants at the Project shall be deemed to have consented to the use of their name, image, or likeness by the Client, RTG Photography, the Photographer and/or the Assistant Photographer(s) for the duration of the Project and the Client shall defend and indemnify RTG Photography, the Photographer and/or the Assistant Photographer(s) from and against any claims that any guest or participant may assert against RTG Photography, the Photographer and/or the Assistant Photographer(s) arising from, or related to, the sue of any name, image or likeness of the guest or participants by RTG Photography, the Photographer and/or the Assistant Photographer(s). Full Model Release Forms will be available for large events online or printed format if required at the actual photography session.
  13. MEALS, TRAVEL AND ACCOMMODATION: Should the Project be longer than (4) four hours, the Photographer and/or Assistant Photographer(s) shall be provided a hot meal and refreshments. If the Client cannot provide meals and refreshments, meal expenses will be added to the Contract in an addendum. Should the Project require travel beyond Calgary, Airdrie or Okotoks, AB additional travel and accommodation expenses will be added to the Contract. It is the responsibility of the Client to ensure that any Out-of-Town accommodations are available for the Photographer and/or Assistant Photographer(s).
  14. ILLNESS & INJURY: In the unlikely event that the Photographer be unable to perform the Project due to illness, injury, acts of God, or other unforeseen circumstance beyond RTG Photography and the Photographer’s control, RTG Photography will work in good faith to find a replacement photographer for the Project. RTG Photography will not be held accountable and responsible for the services provided by any such replacement Photography Studio or Replacement Photographer, nor be liable for any damage or injury sustained by the Client, if any such Replacement Photography Studio or Replacement Photographer retained by the Client, fails in whole or in part to perform the Project. In the event the Photographer cannot find a replacement, a full refund of all monies paid will be the sole remedy and liability to the Client.
  15. OCCUPATIONAL HEALTH AND SAFETY: Hazard/Safety assessments of the location(s) will be completed by the Photographer prior to the start of any Project. Should a location(s) exhibit conditions such that: (a) there is potential for the Photographer and/or the Assistant Photographer(s) person to be imperil on be concerned for their personal safety; (b) there is the potential for illegal or objectionable acts to which the Photographer and/or the Assistant Photographer(s) do not want to be party or witness to; and (c) are in direct violation of any Federal, Provincial and/or Local Workplace Occupational Health and Safety regulations, RTG Photography, the Photographer and/or the Assistant Photographer(s) has the legal right to refuse Work and any portion of the Project without penalty. In such an event, the Client will be notified and given the opportunity to rectify the situation. Should the potential concern remain or the Client refuse to rectify the situation; this will result in the immediate cessation of the Project and the termination of the Contract. Under such circumstances, RTG Photography, the Photographer and/or the Assistant Photographer(s) will not refund any moneys paid by the Client and the Client shall indemnify RTG Photography, the Photographer and/or the Assistant Photographer(s) from any damage or injury to RTG Photography, the Photographer and/or the Assistant Photographer(s), arising from or related to any hazardous conditions, imperil or illegal/objectionable activities.
  16. COLLECTION: In the event RTG Photography is required to file legal action to collect fees owing from the Client under the Contract, or to otherwise endure the Contract, the Photographer shall be entitled to recover all associated costs and expenses incurred related to such legal action, including reasonable attorney’s fees.