Terms of Service Agreement

TERMS, CONDITIONS, AND GOVERNING LAW

Welcome to www.parvizphotography.com. By accessing this website and subsequently booking a photography session with us, you are entering into a legally binding agreement with our company and are fully accepting our terms of service, which are also known as our "Terms of Service Agreement." This agreement takes effect immediately upon the payment of your retainer fee and outlines the specific rights and obligations of all parties involved. These terms and conditions govern all trade agreements made between the photographer, the client, and any relevant vendors associated with your session. Furthermore, this agreement is firmly governed by and construed per the laws of Canada, meaning that any disputes arising from it will be effectively resolved in Canadian courts. By accessing this website and engaging with our services, you unequivocally agree to adhere to these terms and conditions. Should you have any questions or concerns, please do not hesitate to reach out to us; we are here to assist you in any way we can. Thank you for choosing us; we are genuinely excited to bring your creative vision to life.

ACCEPTANCE OF TERMS

The client is not permitted to transfer this Agreement or any rights associated with it to any third party under any circumstances. This Agreement creates a binding and enforceable connection that benefits both the Client and the Photographer, in addition to their respective employees, representatives, and successors. The Client, along with its principals and employees, bears the responsibility for all payments and obligations as outlined in this document. For any amendments or modifications to this Agreement, a written document that is signed by both parties is explicitly required to ensure clarity. Importantly, electronic communications and signatures will hold the same legal weight and validity as traditional written signatures. Should circumstances arise that make written authorization impractical for any additional images, fees, or expenses, the client will still be held fully accountable for any verbal agreements that may have been made. This Agreement is governed by the laws of Ontario, Canada, and the Client willingly agrees to the jurisdiction of Ontario courts in all matters about this contract. Furthermore, the Client will cover any arbitration costs, court fees, and legal expenses that may be awarded to the Photographer in the event of a dispute. If any provision or clause of this Agreement is deemed unenforceable by a competent authority, the remainder of the Agreement will remain valid and effective. By paying a retainer for future sessions or utilizing any images provided, the Client indicates their acceptance of these terms and conditions. This Agreement stands as the definitive understanding between the Photographer and the Client, superseding any prior arrangements or agreements, thus ensuring clarity and mutual respect as we collaborate or work together on upcoming projects.

ASSOCIATION

This Agreement is formally established between Parviz Photography (“Photographer”) and [You] (“Client”), which encompasses and includes all of the Client's principals, employees, affiliates, representatives, and successors comprehensively. The Client firmly asserts their complete legal authority and capacity to enter into this Agreement on behalf of themselves, as well as their employer, company, or organization. It is essential to acknowledge and understand that the Photographer operates as an independent contractor for the Client in the context of this partnership.

DEFINITIONS

The term "Images" pertains to the captivating and visually striking photographic materials, whether they are in still or motion form, that are creatively produced by the Photographer following this Agreement. This encompasses a diverse range of formats, including high-quality prints, negatives, transparencies, and various types of digital files. Each piece is meticulously captured, expertly recorded, thoughtfully stored, and efficiently delivered through an array of mediums, which may include traditional analog methods, advanced photographic techniques, optical processes, electronic systems, magnetic storage solutions, digital formats, and other innovative technologies as they become available in the evolving landscape of photography.

DIGITAL FILE QUALITY

As dedicated photographers, we take immense pride in our unwavering commitment to providing high-quality services and products that you will genuinely appreciate and cherish. Unless we make other specific arrangements, your images will be delivered in standard JPG or JPEG format for your thorough review. We utilize top-of-the-line, color-calibrated equipment to achieve the best possible results; however, please keep in mind that images may appear slightly different depending on the specific monitor you are using. We encourage you to carefully assess the files we provide to ensure they meet your personal quality and color expectations. Should you encounter any concerns or issues, we are more than happy to assist you with replacing or repairing the files; however, we must clarify that we cannot be held responsible for reproduction quality or potential delays that may arise. Editing the files or image(s) will be thoughtfully made at our discretion. We genuinely appreciate your valuable feedback, although we may not always be able to accommodate all additional requests. Additionally, please note that some images may be available exclusively in vibrant color, with various filters or effects applied, or in striking black and white, based on our creative interpretation and artistic vision. If you have chosen a package that includes editing services or have purchased additional editing options, we will gladly accommodate further edits as needed. We sincerely appreciate your understanding and look forward to working with you!

COPYRIGHT, USAGE RIGHTS, AND OWNERSHIP

The Client acknowledges and understands that the Photographer, widely recognized as "Parviz Photography," retains all copyrights to the Image(s) in question and is acknowledged as the sole author of these copyrights. The Photographer possesses exclusive rights to oversee and manage the use of the Image(s), and it is important to note that all content found on www.parvizphotography.com, as well as any material and Image(s) shared on third-party online or offline platforms, is owned entirely by the Photographer and is thoroughly protected under applicable copyright laws. The Photographer reserves all rights to the Image(s), with every right safeguarded or reserved globally across various jurisdictions. Please be advised that any unauthorized use of copyrighted photographs without obtaining prior permission from the Photographer may be considered copyright infringement and could potentially lead to serious legal repercussions. This includes actions such as copying, scanning, editing, displaying, or sharing these images without obtaining written consent, which would constitute a clear violation of copyright law. Such infringements may carry significant civil and criminal penalties. Therefore, we kindly request that you refrain from creating modified works from any content located on our website or any related third-party platforms—whether accessed online or offline—without first securing written permission from the Photographer for any commercial or other intended uses. The Photographer, referred to as "Parviz Photography," is pleased to grant permission for the use of purchased or downloaded Image(s) solely for personal and, in some cases, promotional use under a non-exclusive, non-transferable license agreement. Should you find it necessary to utilize the images for commercial purposes, we would be more than happy to discuss the process of obtaining the essential written consent and any additional licensing fees that may apply. We invite you to reach out to us with any questions or request further assistance; we are always here and ready to help!

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD

The client fully understands that they are not purchasing the Image(s) outright, but rather obtaining a license to use them as specifically detailed in this Agreement. It is crucial to note that acquiring full copyright ownership would involve significantly higher costs compared to the standard licensing fee. The license will become effective once the Photographer has received full payment and has successfully delivered the images to the client. Unless mutually agreed upon in writing otherwise, the rights granted to the client are non-exclusive, non-sublicensable, and non-transferable. Furthermore, the Image(s) may not be utilized in logos, trademarks, branding materials, or as part of any commercial or corporate identities without prior consent. It is essential to note that the use of the Image(s) does not establish any form of joint authorship; additionally, the copyright metadata embedded in the files may not be altered or removed without the Photographer's explicit consent. Please be assured that the Photographer retains the right to use the Image(s) for self-promotion and marketing purposes unless alternative arrangements are formally made. Thank you very much for your understanding and cooperation throughout this process.

GENERAL LIABILITY AND RELEASES

The photographer is fully committed to making every reasonable effort to produce exceptionally high-quality images and diligently to fulfill all the terms outlined in this agreement. However, notwithstanding this strong commitment, it is essential to note that the photographer cannot be held liable for any losses, damages, or expenses that may arise from the client's use of the images. The client agrees to indemnify and hold harmless the photographer, along with their employees, contractors, representatives, or affiliates, from any claims or costs that could arise, including but not limited to legal fees, that could result from the utilization of the images. Unless specifically outlined in this agreement, the responsibility for securing transportation, models, property, props, files, or copyright releases rests solely with the client. The client is also strongly encouraged to obtain any necessary permissions to utilize the images. In cases where the photographer provides appropriate releases, it is the client's responsibility to ensure that these releases adequately meet their particular needs, as the photographer does not guarantee their legal validity in any circumstances. Furthermore, in the event of any claims, the photographer's liability will be limited to the total amount compensated under this agreement or a lesser amount, whichever is deemed applicable.

LIMITATION OF LIABILITY

At Parviz Photography, we would like to take this opportunity to clarify that we are unable to assume or hold any responsibility for any potential damages, risks, or unforeseen circumstances that may occur as a result of accessing or using this website or its various content. This includes a wide range of potential outcomes, such as direct, indirect, incidental, punitive, and consequential losses that might arise. Furthermore, we want to assure you that, in any situation that may arise, our liability will be limited strictly to the total amount you have paid for any photographs you have purchased or downloaded from our website or from any affiliated third-party platforms that we utilize. We genuinely appreciate your understanding in these matters.

PHOTOGRAPHIC INTEGRITY AND ALTERATIONS

To preserve the integrity and quality of the Image(s) produced, we kindly ask that the client refrains from making any alterations—such as applying filters, adding or removing elements, or making other adaptations—without first obtaining express permission from the Photographer. It’s important that the final product accurately reflects the Photographer's artistic vision and intentions. The client understands that editing—also referred to as "Post-Production" adjustments, which can include modifications to color, cropping, contrast, and exposure—is typically not included in the initial package and is left to the discretion of the Photographer, unless an editing add-on was purchased during the checkout process or if stated as included in the requested package. Thank you for your understanding and cooperation!

CREDIT LINE NOTICE

It is essential to include a proper credit line, appropriate hashtag, or clear copyright notice when posting images online, as this practice protects the rights of the creator. Should a required credit line or copyright notice be inadvertently omitted from any publication, the Client fully acknowledges the importance of this oversight and agrees to compensate the Photographer at a rate of DOUBLE THE INVOICE TOTAL. This compensation is to account for the significant loss of recognition and copyright protection that results from such omissions. Providing a credit line, hashtag, or copyright notice in all forms of publications, on websites, and across various social media platforms is not only considered a best practice in the industry but also serves as a respectful way to appropriately acknowledge the hard work of the photographer, illustrator, or copyright holder. We kindly recommend positioning this credit prominently within the caption for maximum visibility or in a designated area of the page, either adjacent to or directly beneath the photograph itself. Thank you for your understanding and cooperation in this matter.

SOCIAL MEDIA, SHARING, AND DISPLAYING PHOTOS

With Parviz Photography, we greatly appreciate your willingness to share our photographs on various social media platforms. To ensure a respectful and ethical sharing process that honors the work we do, we kindly request that you follow these important guidelines:

1. Please repost only those photographs that you have either purchased or downloaded directly from our official website or its affiliated sources.

2. We truly encourage you to tag and mention all collaborators involved in the creation of the images, including Parviz Photography, to give them the appropriate credit that they deserve.

3. When sharing our work, we kindly ask that you include clear attribution to the Photographer “Parviz Photography” by using our website link www.parvizphotography.com or by including the hashtag #ParvizPhotography in your post.

4. We greatly appreciate your understanding in refraining from altering the photographs in any way that may misrepresent our original artistic vision or intent. For more detailed information, please refer to the section on Photographic Integrity and Alterations located on our Terms of Service page.

5. Additionally, we ask that you adhere to the terms and conditions set forth by the social media platform you are using.

Please note that these guidelines apply equally if you choose to share the photographs with another company, agency, or partner for public use. Thank you for your cooperation and ongoing support!

PRINTING RIGHTS OR PRINT RELEASES
At Parviz Photography, we sincerely appreciate your interest in partnering with us and value the opportunity to work together on your creative projects. While we maintain all copyrights to the images in question and are recognized as their sole authors, we are pleased to grant you a non-exclusive, non-transferable license to use the images for personal purposes and, in some cases, promotional uses as well. To whom it may concern: We extend our permission for the client to have the ability to print the images at any establishment of their choosing or to print them independently as they see fit. The intended uses for these prints may include physical displays, elegant framing options, thoughtful gifting, or even creating backup copies for future use. We highly recommend utilizing the services of a reputable printing company to achieve the best quality and ensure beautiful results for your enlargements. For more detailed information, we encourage you to thoroughly review the copyright, usage, and ownership section found in our terms of service agreement. Thank you for choosing Parviz Photography!

PAYMENT

The timely receipt of full payment under this Agreement is exceptionally crucial and is considered completely non-negotiable. Until the photographer has received complete payment in full, including any applicable late charges that may have accrued, rights to the images will not be granted or issued. We respectfully ask that all the full agreed-upon amounts be paid promptly to facilitate a seamless and efficient payment process. All invoices are due immediately upon receipt, and any requests for adjustments to amounts or terms must be made within seven days of the invoice date. Please be aware that the photographer does not issue separate receipts to the Client. The invoice provided will serve as the official receipt for all work completed and services rendered. Furthermore, any bank transfer fees will be the Client's responsibility. If there's anything further that you need or any questions you may have regarding this matter, please do not hesitate to reach out to us. We are here to assist you in any way we can. We kindly ask that you refrain from using the images before the receipt of full payment, as any such use would be considered unauthorized and may lead to significant repercussions that we would prefer to avoid. In this unfortunate scenario, the client would be held responsible for compensating the photographer an amount equal to double the original invoice for any unauthorized use of the images. If usage rights are granted before the photographer receives full payment, the photographer reserves the right to retract these rights if the client fails to adhere to the agreed-upon payment amount or schedule. This approach ensures fairness and mutual respect throughout the entirety of our agreement. Thank you very much for your understanding.

KILL FEE

When the Photographer completes the assignment, project, session, or work with a consistently high standard of professionalism and expertise, and upon the signing and execution of the necessary agreements along with the timely delivery of the files, the Client acknowledges and agrees to cover all associated payments, fees, and expenses related to the service provided. This agreement holds regardless of whether any images are ultimately utilized or not. For further and more detailed information, please refer to the Payment section of the Terms of Service agreement.

CANCELLATIONS AND POSTPONEMENTS

We fully understand that plans can change unexpectedly, and we want to ensure complete clarity regarding our booking policy so that you can make informed decisions. If you need to cancel your booking, we are more than happy to provide a full refund as long as this cancellation occurs within 10 days of your scheduled session. To secure your session effectively, we kindly ask for a 50% deposit, which is required to be paid at least 7 days before your scheduled date. It is important to note that this deposit is non-refundable, as it helps to cover the time, resources, and effort we set aside specifically for your session. The remaining balance will be due on the day of your appointment, ensuring that everything is settled before we begin. If you find it necessary to reschedule your session and you have up to one full year before the original session date, we would be pleased to assist you by transferring your deposit to the new date without issue. However, if you do choose to cancel, please understand that the deposit will unfortunately be forfeited and cannot be applied to future sessions or used as credit, as it specifically compensates for the work that we have committed to for your session. If you do not cancel within 24 hours and the photographer arrives at your designated location, you will be responsible for both the 50% deposit and the remaining balance, as we arrive prepared and ready for your session. We appreciate your understanding and your commitment to our services, and we sincerely look forward to working with you to capture your special moments!

FAILURE TO PERFORM

If the Photographer is unfortunately unable to provide services due to circumstances that are beyond their control, such as sudden illness, unexpected mechanical failures, unfortunate accidents, acts of God, or a variety of other unforeseen situations, please be assured that every reasonable effort will be made to find another qualified professional photographer who can step in and fulfill the commitment on time. Should this not prove to be feasible for any reason, the Photographer will ensure that any fees that have already been paid by the Client are promptly refunded without delay. To foster a positive relationship that is built on fairness and trust, the Photographer will not assume any additional liability under this Agreement. This clear limitation of liability also applies in cases where image(s) may potentially be lost or damaged due to equipment malfunctions or other unforeseen issues that are not directly attributable to the Photographer. We sincerely intend to maintain transparency and understanding throughout all circumstances that may arise.

DOWNLOAD AND FILE DELIVERY

Thank you sincerely for choosing our services. We would like to inform you that the timeline for receiving your files may vary depending on the specific package or service you select. Typically, you can expect to receive your original unedited files or beautifully crafted album within approximately 7 business days. This timeframe allows us to carefully organize, meticulously process, upload, and edit your files if editing is included in your chosen package. Once the files have been thoroughly processed and uploaded and initially delivered to you, the client will receive a secure, password-protected URL link. This link will enable you to conveniently download, share, or view the full album on an accessible online gallery. While we genuinely appreciate your eagerness to see your work, we do not offer sneak peeks or expedited delivery options, as we prioritize ensuring that you receive a complete and polished album that meets our high standards. For any additional information or to access your files, please feel free to visit our Download page for more details. We kindly ask for your understanding that during particularly busy periods, delivery may take an additional week or more. Thank you for your patience and continued support!

ARCHIVING DIGITAL FILES

The Photographer is pleased to inform the Client that while images may be efficiently saved or archived, the responsibility for their long-term storage and preservation ultimately rests with the Client. Parviz Photography and the Photographer(s) strive to maintain accessibility to these images but cannot guarantee that the images will remain available after the initial delivery is completed. Please be aware that, due to a range of factors, images may be removed from the website or any affiliated platforms at any time and for various reasons without prior notice. To ensure the proper preservation of your precious memories, we highly recommend making multiple backups of your photos across various devices, whether through reliable online cloud storage or offline on a USB stick or external hard drive or in print form for safekeeping. The Client acknowledges that digital storage media can be unpredictable and may experience failures; in this regard, the Client hereby releases the Photographer, along with their contractors, employees, affiliates, and representatives, from any liability for claims, damages, or costs that may arise should any media or files provided by the Photographer become unusable or inaccessible. Additionally, it is important to note that all digital files containing images may be deleted within ten days after the license expires, which is essential to consider for future use. We also kindly inform you that any requests for the reproduction of delivered images will incur a processing fee of $100; this fee is implemented to cover administrative expenses. Thank you for your understanding and cooperation regarding these matters.

LOCATION

Photo sessions and location site work will be conducted exclusively at a site that has been mutually agreed upon in advance by both the client and the photographer. It is important to respect all properties, and as such, we will adhere strictly to the principle that we will not trespass or utilize any location unlawfully. Adhering to the relevant rules and regulations in the area is essential for ensuring a smooth and hassle-free experience for everyone involved. Should the client wish to shoot on private property or host an event, it will solely be the client's responsibility to secure the necessary permissions from the property owner or venue manager in advance. Any related costs and arrangements required for this will also fall under the client's responsibility. While we strive to create a safe and enjoyable environment for all parties, the photographer cannot be held liable for any hazards, damages, or unforeseen circumstances present at the chosen location. The client acknowledges their participation in the session at their own risk. To maintain the integrity of the session and ensure that everyone can focus on creating beautiful images, we kindly request that no other photographers, videographers, or unrelated individuals take photos or video during the shoot unless prior written agreement has been established with the photographer or Parviz Photography. Additionally, we ask that the client and their guests refrain from using cell phones to capture images or videos unless explicit permission has been granted by the photographer in advance. We genuinely appreciate your cooperation in these matters and fondly look forward to capturing beautiful moments together.

RESHOOTS

If the Client finds it necessary to request a reshoot for any reason, they will be responsible for an additional fee that is equal to 100% of the original quoted or invoiced amount, in addition to any associated expenses that are related to the reshoot itself, unless the Client and the Photographer come to a mutual agreement regarding a different fee amount before the scheduled session date. If a reshoot becomes required due to circumstances that are completely beyond the Photographer's control—such as adverse weather conditions, sudden illness, mechanical issues, unforeseen accidents, acts of God, or other unexpected events—the Photographer will kindly waive any additional fees for the reshoot. However, it is important to note that the Client will still be expected to cover all relevant expenses associated with the reshoot. Thank you very much for your understanding in this matter.