The Mighty Studio
Contract, Rules, & Regulations
THE MIGHTY STUDIO
ACTIVATION AGREEMENT, IMAGE RELEASE, AND PARTICIPATION TERMS
This Agreement is entered into between The Mighty Studio, operated by Hailey York (hereafter referred to as the “Studio” or “Photographer”) and TFSS (hereafter referred to as the “Client”).
By engaging the Studio for this activation, the Client agrees to the following terms:
NATURE OF ENGAGEMENT
This activation is being provided by The Mighty Studio at no monetary fee for creative services. This does not constitute unpaid labor. The Studio is contributing services at a charitable rate, and the Client agrees to provide compensation in the form of an official tax receipt equivalent to the Studio’s charity hourly rate for all time and services rendered.
The Studio is also entitled to full compensation for all staff, assistants, contractors, and crew engaged for the activation. These costs will be invoiced separately and are payable by the Client.
TIMELINE
All deliverables, obligations, and any required documentation, including tax receipt issuance, must be completed within one (1) month of the activation date unless otherwise agreed in writing.CREATIVE CONTROL
The Studio retains full and sole creative control over all aspects of the activation, including but not limited to artistic direction, lighting and setup, posing and interaction, image selection, editing and retouching, and final delivery format and presentation. The Client acknowledges that all creative decisions are final and aligned with The Mighty Studio’s artistic standards and brand.COPYRIGHT AND OWNERSHIP
All images, files, and content created during the activation are the exclusive intellectual property of The Mighty Studio and Hailey York. The Client receives no ownership rights to the images.
The Studio retains the unrestricted right to use all images for portfolio, marketing, exhibitions, publications, and promotional purposes and to display and distribute the work across all platforms now known or developed in the future.
BRANDING AND LOGO USAGE
The Client agrees that The Mighty Studio logo and/or credit must appear on all images when used, shared, or distributed. Images may not be altered, cropped, edited, or modified in any way that removes or obscures branding.
Required credit where applicable: Photography by Hailey York / The Mighty Studio.
IMAGE USAGE RIGHTS (CLIENT)
The Client may use images for its own purposes and must include the Mighty logo. The Client may not sell or license images, provide images to third parties, or use images for paid advertising or commercial campaigns without prior written consent from the Studio.LIABILITY WAIVER AND INDEMNIFICATION
The Client acknowledges and agrees that participation in the activation involves inherent risks and that the Studio, Photographer, and any staff or contractors are not liable for any injury, loss, damage, or claim arising from participation.
The Client agrees to assume full responsibility for all participants, attendees, and conditions related to the activation and to indemnify and hold harmless The Mighty Studio, Hailey York, and all associated personnel from any claims, damages, or liabilities.
STAFF AND PRODUCTION COSTS
The Client agrees that all personnel brought in by the Studio, including assistants, producers, digital techs, or other crew, are essential to execution and fully billable to the Client. These costs are separate from the Studio’s waived creative fee and must be paid in full.GALLERY DELIVERY AND CLIENT DATA
The Studio will deliver images via email. By participating, the Client agrees that end participants may be required to enter their email to access their images and that the Studio may collect and retain these emails for marketing and mailing list purposes.MODEL RELEASE
The Client grants the Studio an irrevocable, perpetual, worldwide license to photograph and use the likeness of all participants captured during the activation. This includes use for portfolio, website, social media, marketing and promotional materials, exhibitions, and publications. No compensation, royalties, or approvals are required for such use.NON-EXCLUSIVITY
This agreement does not create exclusivity. The Studio retains the right to work with other clients, brands, or organizations at any time.GENERAL TERMS
This Agreement represents the entire understanding between parties. Any amendments must be made in writing. This Agreement is governed by the laws of Ontario, Canada.ACCEPTANCE
By signing below or proceeding with the activation, the Client acknowledges that they have read, understood, and agreed to all terms outlined in this Agreement.
THE MIGHTY STUDIO
COMMERCIAL PHOTOGRAPHY AGREEMENT
INTRODUCTION
This agreement is entered into between The Mighty Studio, referred to as the Studio or Photographer, and the booking company, brand, agency, or organization, referred to as the Client. By commissioning photography services, the Client agrees to all terms and conditions set forth below.
SERVICES
The Photographer is engaged as an independent contractor to provide commercial photography services. Services may include still photography delivered as digital files and or prints. Video services are not included unless expressly outlined, booked, and paid for in advance.
FEES AND PAYMENT
A non refundable retainer equal to thirty percent of the total project fee is required to secure the booking. No dates are confirmed until the retainer is received.
The retainer is valid for up to one year from the date of payment. If services are not rendered within this period for any reason, the retainer is forfeited.
The remaining balance is due no later than the week of the scheduled shoot. No images, galleries, or files will be delivered until payment has been received in full.
ARTISTIC DIRECTION AND CREATIVE CONTROL
The Client acknowledges they are commissioning the Photographer based on her portfolio, artistic vision, and established editing style.
The Photographer retains full creative discretion over all aspects of the work including image selection, composition, cropping, editing style, and final presentation.
IMAGE SELECTION AND GALLERIES
Delivered galleries are curated selections and are not a complete record of the session. There is no guarantee of a specific number of images.
The Client may not select which images are included unless explicitly agreed to in writing.
IMAGE DELIVERY
Final images are delivered digitally via Pixieset or a comparable platform and remain available for six months from the delivery date. After that time, galleries may be permanently removed.
RAW files are not provided under any circumstance including unedited, partially edited, or original captures.
EDITING AND RETOUCHING
Standard editing is included and reflects the Photographer’s established style including color correction, tonal adjustments, and light blemish removal.
Additional retouching, revisions, or custom editing requests are billed at one hundred fifty dollars per hour plus HST with a one hour minimum and must be paid in full before work begins.
The Photographer reserves the right to decline editing requests that conflict with her artistic vision or brand.
SCOPE AND ADD ONS
Shot lists, concepts, props, or backdrop requests may be discussed in advance but are not guaranteed unless contractually specified.
The Photographer may work with assistants as needed. The presence or number of assistants is not guaranteed unless agreed to in writing.
CLIENT RESPONSIBILITIES
The Client is responsible for securing any required locations, permits, talent releases, and product readiness.
Delays caused by the Client or third parties count toward scheduled shoot time.
RESULTS AND LIMITATIONS
The Photographer agrees to perform services with reasonable professional skill and care consistent with her portfolio.
The Client understands that results depend on factors beyond the Photographer’s control including cooperation, timing, environment, and subject performance.
Creative dissatisfaction or subjective preferences do not constitute failure to perform and are not grounds for refunds, reshoots, or fee reductions.
RESCHEDULING AND CANCELLATIONS
A minimum of twenty four hours notice is required to cancel or reschedule.
Cancellations within twenty four hours result in forfeiture of the retainer.
With proper notice, the retainer may be applied to a rescheduled date within one year of the original payment subject to availability.
No shows are non refundable and non transferable.
LIABILITY AND ASSUMPTION OF RISK
The Client assumes full responsibility for themselves, staff, talent, and property during the session.
The Studio and Photographer are not liable for injury, loss, damage, or distress incurred during or in connection with the shoot.
TECHNICAL FAILURE AND FORCE MAJEURE
The Client acknowledges that technical issues may occur including equipment malfunction or data loss.
In such cases, the Photographer’s liability is limited to reasonable efforts to remedy the situation which may include rescheduling where feasible. No further compensation or damages will be owed.
COPYRIGHT AND OWNERSHIP
The Photographer retains full and exclusive copyright ownership of all images created in perpetuity.
Nothing in this agreement constitutes a transfer of copyright.
The Photographer may use the images for any purpose including portfolio use, website display, social media, marketing materials, exhibitions, publications, and competitions.
COMMERCIAL LICENSE
Upon full payment, the Client is granted a non exclusive, non transferable commercial license to use the delivered images for their own business purposes including marketing, advertising, social media, website use, and promotional materials.
This license does not permit resale, sublicensing, use by third parties without written permission, or alterations beyond standard cropping or resizing without approval.
Extended usage, exclusivity, or buyouts require a separate written agreement and additional licensing fees.
SOCIAL MEDIA AND CREDIT
When images are shared publicly, crediting The Mighty Studio is appreciated and encouraged wherever reasonably possible.
The Client acknowledges that credit may not always be feasible due to platform limitations or brand guidelines and that failure to credit does not constitute breach of this agreement.
PRICING AND POLICY CHANGES
Rates and policies are subject to change without notice. The terms in effect at the time of booking apply to that project only.
AGREEMENT CONFIRMATION
By commissioning services and submitting payment, the Client confirms that they have read, understood, and agreed to all terms and conditions outlined above. Booking and payment constitute acceptance of this agreement.