The Mighty Studio

THE MIGHTY STUDIO PRIVATE EVENT PHOTOGRAPHY AGREEMENT SUMMARY EVENT DATE May 29, 2027 PROJECT TERMS Whatever we agree by email or text (fee, date, hours, location, coverage, prints, deliverables) is binding. SIGNING FOR THE PARTY The Client is the event planner, a business, signing on its own behalf and on behalf of its client who is hosting the event. Both are bound. RETAINER 30% of the fee, non-refundable, secures the date. Balance due the week of the event. Nothing is delivered until paid in full. CANCELLATION The 30% retainer is non-refundable if the Event is cancelled for any reason, at any time. If The Mighty Studio cannot attend for any reason, all fees paid are refunded in full. DELIVERY On-site prints during the event, plus a full online gallery of the edited images. Once the balance is paid and the gallery is delivered, nothing further is owed by either side. Anything requested after that is billed for our time. CREATIVE The Mighty Studio controls editing. The edits reflect Hailey York's artistic style and integrity. No RAW or unedited files, ever. OWNERSHIP The images belong to The Mighty Studio. The planner's client uses them for personal, non-commercial purposes. CONSENT The Client agrees The Mighty Studio may use the images on social media and in its portfolio. LIABILITY The Mighty Studio's liability is capped at the fees paid. The Client covers its guests, venue, and use of the images. This summary is for convenience only. The full terms below govern. 1. AGREEMENT AND PROJECT TERMS 1.1 This Agreement is between The Mighty Studio, owned by Hailey York (the "Photographer"), and the event planning business signing below (the "Client"), which signs on its own behalf and on behalf of its client, the individual, family, or group hosting the private event (the "Host"). The Client and the Host together are the "Party." 1.2 Services. The Photographer is engaged as an independent contractor to photograph the Host's private event on May 29, 2027 (the "Event"), including on-site printing and a digital gallery as described in Section 3. Video is not included unless set out in the Project Terms and paid for in advance. 1.3 Project Terms. The fee, event date, start and end times, venue, coverage, number of photographers or assistants, on-site print details, and any other details agreed between the parties in writing, including by email or text message, are the "Project Terms." The Project Terms form part of this Agreement and are binding on the Client and the Party. Where they conflict, this Agreement governs unless the Project Terms expressly change it and the Photographer has confirmed the change in writing. 1.4 Signing on behalf of the Host. The Client confirms it has authority to sign for the Host and bind the Host to this Agreement, and that it has shared this Agreement with the Host. The Client and the Host are jointly and severally responsible for all obligations under this Agreement, including payment. If the Client did not have that authority, the Client is bound by every term on its own. The individual signing for the Client confirms they have authority to bind the Client. 1.5 Acceptance. Booking, paying the retainer, or proceeding with the Event coverage is acceptance of this Agreement, whether or not it has been signed. 2. FEES, PAYMENT, AND CANCELLATION 2.1 Fees. As set out in the Project Terms, plus HST. The fee includes coverage during the agreed hours, on-site printing during those hours (printer, paper, and ink), standard editing, and the online gallery. 2.2 Retainer. A non-refundable retainer of 30% of the total fee secures the Event date. No date is confirmed until it is received. Because the Photographer turns away other work for that date, the parties agree the retainer is a genuine pre-estimate of the Photographer's loss if the booking does not proceed, and not a penalty. The retainer is valid for one year from payment and is forfeited if the Event coverage does not take place within that time, for any reason. 2.3 Balance. Due no later than the week of the Event, unless the Project Terms say otherwise. If the balance is not received before coverage is scheduled to begin, the Photographer may decline to begin, and this is treated as a cancellation by the Client under Section 2.5. No prints, galleries, or files are delivered, and no license is granted, until payment is received in full. 2.4 Late payment. Overdue amounts bear interest at 2% per month (26.82% per year). The Client will also pay all reasonable costs of collecting overdue amounts, including legal fees. 2.5 Cancellation. The retainer is non-refundable if the Client or the Host cancels for any reason, at any time. Any amounts paid toward the balance are refunded, less costs the Photographer has already incurred. Rescheduling is at the Photographer's discretion and subject to availability; if she agrees, the retainer may be applied to a new date within one year of payment. If coverage cannot proceed on the day because of the Client, the Host, guests, or the venue, no fees are refunded. 2.6 Overtime. Coverage beyond the agreed hours happens only if the Photographer agrees on the day. It is billed at the Photographer's hourly rate in 30-minute increments and is due within 7 days. The Client's or the Client's representative's request on the day, verbally or by text, is binding. 2.7 Changes. Changes to scope must be agreed in writing and are billed at the Photographer's rates. 2.8 No refunds for circumstances. Weather, guest turnout, venue conditions, schedule changes, and delays outside the Photographer's control are not grounds for a refund or fee reduction. 3. CREATIVE CONTROL, EDITING, AND DELIVERY 3.1 Artistic integrity. The Client hires the Photographer based on her portfolio, vision, and editing style. The Photographer has sole discretion over composition, image selection, cropping, editing, colour or black and white, and final presentation. All edits reflect the Photographer's artistic style and integrity, and the Client may not require changes to that style. She will perform with reasonable professional skill and care consistent with her portfolio. 3.2 Editing. Standard editing is included: colour correction, tonal adjustments, and light blemish removal in the Photographer's established style. Additional retouching or revisions are billed at $150 per hour plus HST, one hour minimum, paid before work begins. The Photographer may decline any request that conflicts with her style or artistic integrity. 3.3 On-site printing. Prints are produced and handed out during the agreed coverage hours only. Print sizes, quantities, and format are as set out in the Project Terms. Printing follows the flow of the Event at the Photographer's discretion, and the Photographer does not guarantee that every guest receives a print. Prints are not reproduced after the Event except under Section 3.7. 3.4 Full gallery. The Client will receive a gallery of all usable images from the Event, edited in the Photographer's style. "Usable" is determined by the Photographer and excludes duplicates, near-identical frames, test shots, missed focus, closed eyes, technical failures, and frames that do not meet her professional standard. No specific number of images is guaranteed unless stated in the Project Terms. 3.5 Delivery. High-resolution JPEG files via Pixieset or a comparable platform, delivered within the timeline in the Project Terms after the Event and full payment. The gallery is available for six (6) months, after which it may be permanently removed. The Client is responsible for downloading and backing up the images. 3.6 No RAW files. RAW files, original captures, and unedited or partially edited images are never provided or shown. 3.7 Complete on delivery. Once the on-site prints and the gallery are delivered and the fee is paid in full, the Photographer's obligations are complete and nothing further is owed by either party. Anything requested after that, including reprints, additional edits, re-uploading an expired gallery, extra files, albums, or consultations, is billed for the Photographer's time at her hourly rate, paid before work begins. 3.8 Shot lists and moments. Shot lists, must-have guests, and specific moments are guaranteed only if included in the Project Terms. The Photographer is not responsible for moments missed because of guest cooperation, venue rules, lighting, schedule changes, other photographers, or guests' phones and cameras. 3.9 Assistants. The Photographer may work with assistants as needed. Their presence or number is not guaranteed unless stated in the Project Terms. 3.10 Subjective preference. Results depend on factors beyond the Photographer's control. Creative dissatisfaction or personal preference is not a failure to perform and is not grounds for a refund, reshoot, or fee reduction. 4. COPYRIGHT AND LICENSE 4.1 Ownership. The Photographer owns all copyright in all images and prints, in perpetuity. Nothing in this Agreement transfers copyright. The Photographer does not waive her moral rights. 4.2 Personal license. On full payment, the Host receives a non-exclusive, non-transferable license to use the delivered images for personal, non-commercial purposes: downloading, sharing with guests, posting on personal social media, and printing for personal use. The Client may receive the images to deliver them to the Host. Any use by the Client for its own business, including its website, social media, or marketing, requires the Photographer's written permission and credit under Section 4.5. 4.3 Limits. The Client, the Party, and guests may not sell or license the images; use them commercially or for any business; submit them to publications, media, or contests; alter them beyond cropping or resizing, including filters or AI editing; or use them to train any AI system. 4.4 Third parties. Venues, vendors, publications, or businesses that want to use the images must license them directly from the Photographer. 4.5 Credit. When images are posted publicly, credit as "Photos by Hailey York of The Mighty Studio" with the tag @the.mightystudio is requested, and is required where stated in the Project Terms. 4.6 Infringement. Unlicensed use is copyright infringement. The Client will pay the Photographer's current licensing fees for any such use by the Client or the Party, in addition to any other remedy. 5. PHOTOGRAPHER'S USE AND CONSENT 5.1 Consent. The Client, on behalf of itself and the Party, consents to the Photographer using the images, and the likenesses in them, to promote her work in perpetuity and without compensation, including on social media, in her portfolio and website, and in marketing, exhibitions, publications, awards, and competitions. 5.2 Host and guests. The Client will tell the Host and guests that the Event is being photographed and that the Photographer may use the images under Section 5.1. The Client is responsible for obtaining any consent needed from the Host and guests, including a parent's or guardian's consent for any minor attending, and confirms it has done so. 5.3 Guest requests. If a specific guest asks not to appear in the Photographer's posts, the Client must tell the Photographer in writing before the Event. The Photographer will make reasonable efforts not to publish identifiable images of that person. Requests after the Event are at the Photographer's discretion. 5.4 Hold period. If the Client wants the Photographer to wait before posting, the hold date must be in the Project Terms before the Event. 6. CLIENT RESPONSIBILITIES 6.1 Venue. The Client is responsible for venue access, any permission needed for photography and the print station, a table and power outlet for the print station, and safe working conditions. 6.2 Timeline. The Client will provide the Event timeline, address, and a day-of contact at least 14 days before the Event. 6.3 Delays. Delays caused by the Client, the Party, guests, the venue, or vendors count toward coverage time. Coverage ends at the scheduled time unless overtime is agreed under Section 2.6. 6.4 Travel. Travel, parking, and accommodation outside the City of Toronto are billed to the Client unless the Project Terms say otherwise. 6.5 Safety and conduct. The Photographer may pause or end coverage if conditions are unsafe or anyone at the Event behaves abusively or inappropriately toward her or her team, with no refund of fees paid. 6.6 Equipment. The Client is responsible for the cost to repair or replace any of the Photographer's equipment, including cameras, lighting, and the printer, damaged by the Client, the Party, or guests. 6.7 Breach. If the Client or the Party does not uphold this Agreement and the Project Terms in full, the Photographer may suspend delivery, end the license, and keep all fees paid, in addition to any other remedy. 7. LIABILITY AND INDEMNITY 7.1 Assumption of risk. The Client assumes full responsibility for itself, the Party, guests, property, and the venue during the Event, and for any damage they cause. 7.2 Limitation. To the maximum extent permitted by law, the Photographer is not liable for any injury, loss, damage, or distress in connection with this Agreement, the Event, the prints, or the images, and is not liable for any indirect or consequential damages. The Photographer's total liability for any claim is capped at the fees actually paid to her under this Agreement. 7.3 Indemnity. The Client will defend, indemnify, and hold harmless the Photographer and The Mighty Studio from all claims, losses, and legal costs arising from the Client, the Party, guests, or the venue; missing guest or guardian consent; the Client's or the Party's use of the images; or a breach of this Agreement. 7.4 Technical failure. If images are lost or damaged through equipment malfunction, data loss, or circumstances beyond her control, the Photographer's only obligation is reasonable efforts to remedy, and her liability is limited to a refund of fees paid for the affected coverage. No further compensation is owed. 7.5 Photographer unable to attend. Despite Section 2.2, if the Photographer cannot attend the Event for any reason, she will refund all fees paid, including the retainer. This refund is the Client's and the Host's only remedy, and the Photographer has no further liability. 7.6 Force majeure. No party is liable for delay or failure caused by events beyond its reasonable control. 8. GENERAL 8.1 This Agreement is governed by the laws of Ontario and the federal laws of Canada that apply there. The parties submit to the courts in Toronto. 8.2 This Agreement and the Project Terms are the entire agreement between the parties. Changes must be in writing, including by email or text message, and confirmed by the Photographer. 8.3 Rates and policies may change. The terms in effect at booking apply to this Event. 8.4 Sections 3.7, 4, 5, and 7 survive the end of this Agreement. 8.5 If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of the Agreement remains in effect. 8.6 A party's failure to enforce any term is not a waiver of that term. 8.7 This Agreement may be signed electronically and in counterparts. SCHEDULE A: PROJECT TERMS Event date: May 29, 2027 Event type: Venue and address: Coverage hours: Photographers and assistants: On-site prints (sizes, quantity): Gallery delivery timeline: Total fee (plus HST): Retainer (30%): Balance due date: Hold period before posting, if any: SIGNATURES By signing below, each party confirms that they have read, understood, and agree to all terms of this Agreement and the Project Terms, and that this Agreement is legally binding on them and on any party they sign for.