Terms and conditions

Terms and Conditions


DEFINITIONS

This Agreement is between Peridot Images (Joan Alonge) (“Photographer” or “Company”) and [You] (“Client”), including the Client’s principals, employees, affiliates, and representatives. The Client agrees that they have the legal authority to enter into this Agreement on behalf of their employer, company, or organization. The Photographer’s relationship with the Client is that of an independent contractor. “Image(s)” refers to all visual representations delivered to the Client, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, digital, analogue, or any other media.


USAGE RIGHTS AND OWNERSHIP

The Client acknowledges that the Photographer is the author of the Image(s) and the sole owner of all copyrights. All Images and copyrights remain the exclusive property of the Photographer. The Images are licensed for personal use only and are not sold. No commercial or promotional use is allowed without prior written consent from the Photographer.

  • The Client may use the Images for personal purposes, including sharing on social media, provided that the images remain unaltered and are not used for commercial purposes.
  • When sharing images on social media, the Client is encouraged to credit or tag the Photographer (@peridotimages).
  • The license term begins when the Photographer receives full payment of the invoice.
  • Any unauthorized use of the Images before full payment will incur a fee of double the invoice total.
  • The Photographer retains the right to use any Image(s) for self-promotion unless otherwise agreed in writing.
  • The Photographer reserves the right to use the Client’s images for self-promotion, including but not limited to marketing materials and bidding for contracts. If the Client prefers that their images not be shared on social media, the Photographer will honor this request but retains the right to use the images for promotional purposes related to securing future projects. If the Client requires exclusivity regarding the use of their images for promotion or bidding purposes, the Client agrees to pay an additional fee.


PAYMENT

  • No rights are granted unless and until the Photographer has received full payment.
  • If the Client fails to make the full payment by the scheduled shoot date, the session will be canceled, and the deposit will not be refunded.
  • Any use of the Images prior to full payment is unauthorized, and the stipulated compensation for such unauthorized use will be double the invoice total.
  • All invoices are due upon receipt unless otherwise stated.
  • A 50% deposit is required upon accepting an estimate unless otherwise stated.
  • The Client automatically agrees to these terms and conditions upon payment of the deposit.


SESSION TIMING AND RESPONSIBILITY

  • The time scheduled for your session is reserved exclusively for you.
  • Whether due to lateness or if a child is fussy or uncooperative, the session will still end at the originally booked time to respect both the Photographer’s schedule and subsequent clients.
  • The Photographer is not responsible for managing time lost due to unforeseen delays on the Client's part.
  • The Photographer will make reasonable efforts to capture as many high-quality images as possible during the time allocated. However, specific shots or desired outcomes may not be guaranteed if time is lost due to Client delays.


LATENESS POLICY

Punctuality is crucial for a smooth and successful photoshoot. Clients are expected to arrive at least 15 minutes before the scheduled start time.

  • Grace Period: A 15-minute grace period will be extended from the scheduled start time. However, the session will still end at the originally scheduled time to avoid delays for subsequent appointments.
  • Late Arrival: Clients arriving more than 15 minutes late may result in a shortened session or cancellation at the discretion of Peridot Images.
  • Lateness Fee: A fee of $25 will be applied for every additional 5 minutes of tardiness beyond a 15-minute delay.


CANCELLATIONS AND POSTPONEMENTS

Once the Client and Photographer have agreed on the session time and date, the Photographer will not accept work from another client for that time. If the Client postpones or cancels, they will pay all expenses incurred by the Photographer up to the time of cancellation.

  1. The Client may postpone the session once without penalty, provided it is done at least 7 working days in advance.
  2. If the Client needs to postpone a second time, they will be required to pay the full amount of the session again.
  3. The new date for the postponed session will be subject to the Photographer's availability.
  4. If the Client cancels or postpones less than 4 working days from the scheduled time, they will incur a fee of 50% of the total fees.
  5. If the session is canceled after the Photographer has departed for the location, the Client will incur 100% of the fees.
  6. Additionally, if the Client arrives more than 35 minutes late, they will be required to pay for another session at the original rate.


CAPTURE AND DELIVERY

  • The Photographer is not obligated to deliver every image taken during the session.
  • Proof galleries are downloadable but cannot be copied, shared, or reproduced by a third party.
  • The Client will receive JPG/JPEG images only. RAW files remain the property of the Photographer and will not be released.
  • Unedited images will be retained for one month. After this period, the Photographer is not responsible for archiving them.
  • If requested and paid for , unedited images will be delivered as-is. The Client agrees that these unedited images cannot be taken to another person for editing or alteration.


PHOTOGRAPHIC INTEGRITY AND ALTERATIONS

  • The final result reflects the Photographer’s signature editing style.
  • The Client may not alter the Images without the Photographer’s permission. Normal adjustments (color, contrast, brightness, cropping) are permitted, but requests for additional adjustments will incur extra fees.
  • Any alterations by the Client do not constitute joint authorship of the Image(s).


COPYRIGHTS AND USAGE RIGHTS

  • The photographs are protected under Canadian Copyright Law.
  • The Client is granted a limited, non-exclusive license to reproduce, display, and distribute the images for personal use, as long as the images are not used for commercial or promotional purposes.
  • The Client may share images on social media provided they are unaltered and properly credited to the Photographer.


RESHOOTS

  • If a reshoot is required, the Client will pay 100% of the original shoot fee plus expenses.
  • If a reshoot is due to factors beyond the Photographer's control (e.g., weather, acts of God), no additional fee will be charged, though reshoot expenses must be covered by the Client.
  • The Photographer is not responsible for uncooperative children. No refunds or complimentary reshoots will be provided in such cases.


FAILURE TO PERFORM

If the Photographer is unable to provide services due to unforeseen circumstances (illness, equipment failure, acts of God), the Photographer will attempt to procure another photographer or return all fees paid without further liability.


GENERAL LIABILITY AND RELEASES

  • The Client agrees to indemnify and hold the Photographer harmless from any claims arising from the Client’s use of the Image(s).
  • The Photographer is not responsible for obtaining necessary model, property, or trademark releases unless specifically stated.
  • The Photographer is not liable for any injury, accident, or property damage incurred during the session, regardless of location.


ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements. It cannot be modified or waived unless in writing signed by both parties. By making any payment to Peridot Images, the Client acknowledges that they have received the link to this Agreement and agree to be bound by all terms and conditions set forth herein, whether they have read the terms or not. This Agreement is governed by the laws of Ontario, Canada.