The Mighty Studio
Contract, Rules, & Regulations
THE MIGHTY STUDIO
STUDIO TERMS AND CLIENT AGREEMENT
SUMMARY
RETAINER
30%, non-refundable, secures your date. Balance due the week of your session.
CANCELLATION
24 hours' notice to cancel or reschedule. Within 24 hours or no-show, the retainer is lost.
ARRIVAL
No more than 10 minutes early. Late arrivals come out of your session time.
WINTER
Bring a clean pair of indoor shoes. Outdoor shoes stay at the door.
NO PROMISES
I do my best. There is no guaranteed number of images or specific result.
DELIVERY
Within two weeks, through Pixieset. No RAW or unedited images, ever.
EXTRAS
Anything beyond the standard session comes at a charge.
OWNERSHIP
I own the images. You get a personal licence. Tag @the.mightystudio every time.
LIABILITY
You take part at your own risk.
This summary is for convenience only. The full terms below govern.
THE AGREEMENT
1.1 This agreement is between The Mighty Studio, owned by Hailey York (the "Studio" or "Photographer"), and the person booking photography services (the "Client").
1.2 The Photographer is an independent contractor providing still photography, delivered as digital files and, if ordered, prints. Video is provided only if booked and paid for in advance.
1.3 The session date, time, fee, and any add-ons are those agreed at booking or in writing, including by email or text message, and form part of this agreement.
1.4 Booking a session and paying the retainer is acceptance of this agreement, whether or not it has been signed.
FEES, PAYMENT, AND CANCELLATION
2.1 Retainer. A non-refundable retainer of 30% of the session fee secures the booking. Sessions are not confirmed until it is received. The retainer is valid for one year from payment and is forfeited if the session is not completed within that time, for any reason.
2.2 Balance. Due the week of the session. No galleries or files are delivered until payment is received in full.
2.3 Rescheduling. At least 24 hours' notice is required to cancel or reschedule. With proper notice, the retainer may be applied to a new date within one year of payment, subject to availability.
2.4 Late cancellation and no-shows. Cancelling or changing within 24 hours of the session forfeits the retainer. No-shows are non-refundable and non-transferable.
ARRIVAL AND STUDIO RULES
3.1 Arrival. Arrive no more than 10 minutes before your session. The studio may be in use before then.
3.2 Late arrivals. Coming late comes out of your session time. Sessions end at the scheduled time, unless agreed otherwise in advance.
3.3 Come ready. Arrive fully prepared. Changing, feeding, and settling in are part of your session time.
3.4 Winter shoes. In winter, bring a clean pair of indoor shoes for the session. Outdoor shoes stay at the door. Damage to backdrops or flooring from outdoor footwear, salt, or snow is billed at the cost of replacement.
3.5 Children. Parents and guardians are fully responsible for supervising, managing, comforting, feeding, and directing their children. The Photographer is responsible only for photography and does not manage children.
3.6 The space. Treat the studio, backdrops, props, and equipment with care. Damage caused by the Client or their guests is billed at the cost of repair or replacement.
3.7 Safety. The Photographer may end a session if anyone behaves abusively or conditions are unsafe, with no refund.
WHAT TO EXPECT
4.1 Best effort. The Photographer will apply reasonable professional skill and judgment to create images consistent with her portfolio and style. That is the promise. No specific result is guaranteed.
4.2 No image count. Galleries are curated selections, not a complete record of the session. There is no guaranteed number of images. The gallery reflects what the Photographer judges to be the strongest images from the session.
4.3 Creative control. The Client hires the Photographer for her portfolio, vision, and editing style. The Photographer has sole discretion over image selection, composition, cropping, editing, and colour or black and white. The Client may not choose which images are included.
4.4 Things outside her control. Results depend on cooperation, mood, comfort, energy, timing, and conditions on the day.
4.5 Dissatisfaction based on personal appearance, facial expressions, body shape, or other subjective preference is not a failure to perform and is not grounds for a refund, reshoot, or free edits.
DELIVERY AND EDITING
5.1 Turnaround. Galleries are delivered within two (2) weeks of the session, once the balance is paid. Occasional delays from volume or circumstances beyond the Photographer's control are not a breach of this agreement.
5.2 Gallery. Images are delivered as edited, high-resolution files through Pixieset and remain available for six (6) months, after which the gallery may be permanently removed. Please download and back up your images.
5.3 No RAW files. RAW files, original captures, and unedited or partially edited images are never provided or shown.
5.4 Standard editing. Included: colour correction, tonal adjustments, and light blemish removal in the Photographer's established style.
5.5 Additional editing. Revisions or extensive retouching are billed at $150 per hour plus HST, one hour minimum, paid in full before work begins. The Photographer may decline requests that do not fit her style or brand.
REQUESTS AND EXTRAS
6.1 Everything extra comes at a charge. Anything beyond the standard session as booked, including extra time, extra people, additional images, backdrop changes, props, prints, video, rush delivery, and additional editing, is billed at the Studio's current rates and must be agreed and paid in advance.
6.2 Backdrop, prop, and specific shot requests may be discussed but are not guaranteed.
6.3 Video may be captured at the Photographer's discretion but is only guaranteed when booked and paid for in advance.
6.4 The Photographer may work with assistants as needed. Their presence or number is not guaranteed.
COPYRIGHT, LICENCE, AND TAGGING
7.1 Ownership. The Photographer owns the copyright to all images created, in perpetuity, in every format and version. Nothing in this agreement transfers copyright.
7.2 Personal licence. On full payment, the Client receives a personal licence: personal social media, personal printing, and sharing with friends and family.
7.3 No commercial use. Images may not be used for commercial, promotional, editorial, advertising, or business purposes, sold, or licensed to anyone without prior written permission and a paid licensing agreement.
7.4 No edits. The Client may not crop out credits, apply filters, or re-edit the images.
7.5 Tag every time. Every post of an image must tag @the.mightystudio. This is a condition of the licence. Untagged posts must be tagged or removed within 48 hours of the Photographer's request.
7.6 Photographer's use. The Photographer may reproduce, publish, exhibit, and use the images for promotion, including portfolio, website, social media, marketing, and competitions, unless the Client asks otherwise in writing at the time of the session. The Client confirms they have authority to grant this for everyone they bring, including children.
LIABILITY, WAIVER, AND RELEASE
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR LEGAL RIGHTS.
8.1 Assumption of risk. The Client takes part voluntarily and assumes all risks of the session for themselves, their children, and their guests, including the physical risks of studio sets, backdrops, props, and equipment.
8.2 Release. To the maximum extent permitted by law, the Client releases the Studio and Photographer from all claims for injury, distress, loss, or damage in connection with the session, including claims based on negligence.
8.3 Indemnity. The Client will indemnify the Studio and Photographer against any claim by their children, guests, or anyone they bring, and against any loss caused by the Client's breach of this agreement.
8.4 Technical issues. If images are lost or damaged through equipment malfunction, data corruption, or circumstances beyond the Photographer's control, her only obligation is reasonable efforts to remedy, which may include rescheduling. No further compensation is owed.
8.5 Belongings. Personal belongings brought to the studio are at the Client's own risk.
8.6 Cap. The Photographer's total liability for any claim is capped at the session fee actually paid.
GENERAL
9.1 Pricing and policies may change without notice. It is the Client's responsibility to confirm current pricing and terms before booking. Previous rates are not honoured.
9.2 This agreement is governed by the laws of Ontario, and the courts in Toronto have jurisdiction.
9.3 Changes must be in writing, including by text or email, and confirmed by the Photographer.
9.4 If any clause is found unenforceable, the rest of the agreement still stands.
9.5 Sections 7 and 8 survive the end of this agreement.
SIGNATURES
By booking a session, paying the retainer, or signing below, the Client confirms they have read, understood, and agree to all terms, including the waiver and release in Section 8, and that this agreement is legally binding.