📄 AGREEMENT
(Privacy Policy, Copyright, and Consent for Photo Publication)
Between:
- ________________________, hereinafter referred to as the “Photographer”
- _________________________, hereinafter referred to as the “Client”
Collectively referred to as the “Parties”, and individually as a “Party”.
Place of Execution: Calgary, Alberta, Canada
Date of Execution: ___ / ___ / 20__
1. Purpose of the Agreement
1.1. The Photographer provides professional photography services, including but not limited to personal, family, couple (“love story”), content, interior, studio, or outdoor photo sessions.
1.2. The Client agrees to provide personal information (name, contact details, and image likeness) necessary for the execution of the photoshoot and subsequent use as outlined in this Agreement.
1.3. Payment for the photoshoot signifies that both Parties are equal partners: the Client obtains rights to use the photos within the limits of a personal license, while the Photographer retains full copyright ownership.
2. Consent for Photo Publication
2.1. The Client voluntarily grants the Photographer permission to publish the created photographs in the Photographer’s portfolio, on social media, on the Photographer’s website, and in promotional or marketing materials.
2.2. If the Client does not wish their images to be published, this must be agreed upon verbally or in writing. Such agreement shall be binding on the Photographer.
2.3. If, after the photoshoot, the Client requests that specific photos not be published, the Parties will agree on this individually — the Photographer may retain the photos in the archive but will not publish them.
2.4. When published, the Client may choose whether to have their name credited or remain anonymous.
3. Copyright (Under Canadian and Alberta Law)
3.1. In accordance with the Copyright Act (Canada), the author of a photograph is the person who created it. Therefore, all copyright and moral rights to the photographs remain with the Photographer.
3.2. Upon full payment for the service, the Client receives a non-exclusive, perpetual, non-transferable, non-commercial license to use the photos for personal purposes (such as printing, social media posting, gifts, etc.).
3.3. Any commercial use (advertising, branding, resale, or promotional use) requires a separate written agreement or license between the Parties.
3.4. The Photographer retains moral rights, including the right to be recognized as the author and to protect the integrity of the work (i.e., the images may not be altered, distorted, or used out of context without consent).
3.5. All original unedited files (RAW files) remain the property of the Photographer unless otherwise agreed in writing.
3.6. Transfer or assignment of copyright may only occur under a written agreement, as per Section 13 of the Copyright Act.
4. Privacy Policy and Personal Information Handling
4.1. The Photographer collects the Client’s personal information (name, contact details, photos, and likeness) solely for the purposes of:
- organizing and conducting the photo session;
- editing and delivering final photographs;
- marketing or publication (only with the Client’s consent).
4.2. All personal data are stored securely and will not be shared with third parties without the Client’s consent, except as required by law.
4.3. The Client may request deletion or anonymization of their personal data or photographs, to be mutually agreed upon in writing.
4.4. This Agreement complies with the principles of the Personal Information Protection Act (PIPA, Alberta).
5. Type of Photoshoot and Terms
5.1. Type of session: personal / family / couple / content / interior / studio / outdoor (please underline as applicable).
5.2. Location: studio (address) / outdoor (location) _________________________
5.3. Duration: ______ hours.
5.4. Fee: _____ CAD. Payment constitutes acceptance of all terms outlined in this Agreement.
5.5. Delivery of final photos: within _____ days after the photoshoot.
5.6. If the Client requests that certain photos not be published, this agreement (verbal or written) shall be honored by both Parties.
6. Rights and Obligations of the Parties
Photographer:
- may use the photographs in their portfolio unless the Client objects;
- must ensure the confidentiality of all personal data;
- is responsible for delivering the agreed-upon services in a professional and timely manner.
Client:
- has the right to receive the agreed number of edited photos;
- may use the photos within the limits of the granted license;
- must respect the Photographer’s copyright and moral rights.
7. Liability and Dispute Resolution
7.1. Any disputes arising from or related to this Agreement shall first be resolved through good-faith negotiations.
7.2. If no resolution is reached, disputes shall be governed and resolved under the laws of the Province of Alberta and the jurisdiction of the Alberta Court of Justice.
7.3. Neither Party shall be held liable for delays or failure to perform due to force majeure circumstances (such as weather conditions, illness, or technical failures).
8. Term of the Agreement
8.1. This Agreement comes into effect upon signature and remains valid until both Parties have fulfilled their obligations.
8.2. Consent for publication remains valid indefinitely unless revoked by the Client in writing.
8.3. Upon withdrawal of consent, the Photographer shall cease future publication of the specified images. Previously published photos may remain online unless the Parties agree otherwise.
9. Final Provisions
9.1. This Agreement constitutes the full and entire understanding between the Parties and supersedes all prior verbal or written discussions.
9.2. Any amendments or modifications must be made in writing and signed by both Parties.
9.3. If any provision of this Agreement is found invalid, the remaining provisions shall continue in full force and effect.
9.4. Both Parties acknowledge that they have read, understood, and voluntarily signed this Agreement.
10. Refusal of Services and Termination of Collaboration
10.1 The Photographer reserves the right to refuse to provide a photoshoot or to terminate collaboration with the Client at any time if:
10.2 The Client has not confirmed the booking date and time, has not made an advance payment (deposit), or did not show up at the agreed time without prior notice;
10.3 The Client has rescheduled the photoshoot more than twice without a valid reason — in this case, the deposit is non-refundable;
10.4 The Client is late by more than ___ minutes without notice, which affects the Photographer’s schedule;
10.5 The Client behaves rudely, disrespectfully, aggressively, makes offensive remarks, exerts pressure, or expresses discriminatory statements;
10.6 The Client fails to follow the rules of conduct in the studio or public location, or damages property;
10.7 The Client requests the Photographer to perform work that violates ethical norms, moral principles, or Canadian law (for example, creating offensive, obscene, or illegal images);
10.8 The Client fails to fulfill the terms of the agreement, including not providing necessary information, not approving the photoshoot concept, or delaying payment.
11. Consequences of Refusal
11.1 In the event of refusal to conduct the photoshoot for reasons listed in clause
- The deposit is non-refundable;
- The Photographer is not obliged to reschedule or rebook the date;
- Further collaboration may be permanently terminated at the Photographer’s discretion.
11.2 If the Client fails to show up for the photoshoot without prior notice (“no-show”), the service is considered completed, and payment or deposit will not be refunded.
11.3 If the Client wishes to reschedule the photoshoot, they must notify the Photographer no later than 48 hours before the scheduled time. Otherwise, it will be considered a cancellation without refund of the deposit.
11.4 The Photographer reserves the right not to publish photographs if the Client’s behavior was inappropriate or if the collaboration ended in conflict.
Signatures
Photographer: ___________________________
(Name, Signature, Date)
Client: _____________________________________
(Name, Signature, Date)