Terms & Conditions - Photography add-on

When adding a photography session to your Highland Experience, you agree with the terms and conditions outlined below.

Images from your session will be available for download via an online gallery within 3 weeks of your session. These images will be hosted online for 30 days following your session.

Please acknowledge and accept the terms and conditions of your photography session.

1. Work Product:
1.1 - All photographs will be shot in digital format. Digital photos will be made available on an online gallery available for download no later than 3 weeks after the shoot date. Photos will be delivered as high-resolution JPEG files in an online gallery. RAW files will not be provided. When the online gallery is delivered, it shall remain open for 30 days from delivery date. Be advised that RAW files may be destroyed at any time after the online gallery has closed. The CLIENT may download images from the online gallery for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written license of the PHOTOGRAPHER.


2. Indemnification:
2.1 - If PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the PHOTOGRAPHER, the PHOTOGRAPHER will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the PHOTOGRAPHER under this Agreement.

2.2 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this PHOTOSHOOT 30 days after the online gallery has been delivered to CLIENT. CLIENT will have 14 days after gallery delivery to make PHOTOGRAPHER aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. Any request to modify photos may incur a fee of $60 per hour plus GST. After this 14-day term has expired, PHOTOGRAPHER will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by PHOTOGRAPHER if requested by CLIENT but the hourly fee of $60 per hour plus GST for retouching will be billed with a minimum of one hour required.

2.3 – CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER).

2.4 – CLIENT agrees to indemnify PHOTOGRAPHER and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this agreement.

2.5 – PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client. 

2.6 - The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.


3. Copyright and Model Release:
3.1 - PHOTOGRAPHER shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by PHOTOGRAPHER which is consistent with this agreement.