In the following terms & conditions “Photographer” shall mean Darius Bashar trading as Darius Bashar Photography. “Clients/Students” shall be those persons defined as clients and/or students or customers on the form below. These terms & conditions cannot be varied in any way by the client unless such conditions are expressly agreed upon by the photographer in writing.
Payment
The payment must be paid in full at the time of booking. The payment secures the time and services of Photographer for the sitting and is non-refundable or transferable in the event of cancellation.
Late appointments or “no-shows”
Each Client/Student needs to arrive on time. It is essential that Client/Student arrives on time for the workshop. If Client/Student arrives more than 15 minutes late they will lose their spot in the workshop, as it would not be fair to the rest of the Clients/Students, who have arrived on time and are ready to begin the workshop.
Copyright and Reproductions
All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of Photographer. Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.
During the course of the workshop each Client/Student will take photos of other Clients/Students as a way to practice the lessons the Photographer is teaching during the workshop. Those photos are the intellectual property of each respective Client/Student, but cannot be used publicly without the consent of the subjects in the photos.
Client Usage
Client is obtaining photos for personal and business use only. Client can use these photos on social media sites, on websites and other online platforms, and on promotional sites.
If Client is obtaining a photo for reproduction or publication, Photographer authorizes Client to reproduce the photo only as agreed upon by Client and Photographer. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication but shall have no liability if the publication refuses or omits to do so.
Failure to Perform
If Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then Photographer shall return the deposit to Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. In the event Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the retail value of Client’s order.
Editing
All images will be adjusted for skin softening, exposure, brightness, contrast, sharpness, saturation, etc. Photographer's judgment regarding these corrections and the number of images put forward to Client for preview shall be deemed correct. “Retouching”, which is different than “Editing” is a much more detailed workflow and requires zooming into the skin, hair and clothing to retouch fine details. This service is available to the client at an additional fee of $75 a photo.
Complaints
Any complaints should first be raised by Client with Photographer in writing within 14 days from the date of receipt of images. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the Province of Ontario in the country of Canada.