The Mighty Studio

ON LOCATION AGREEMENT

THE MIGHTY STUDIO Photography & Creative Direction | Toronto, Ontario, Canada

 hailey@themightystudio.ca | @the.mightystudio

PHOTOGRAPHY RELEASE & IMAGE USE AGREEMENT

1. PARTIES

This Photography Release and Image Use Agreement (the "Agreement") is entered into between:

Photographer: Hailey York, operating as The Mighty Studio, Toronto, Ontario, Canada ("Photographer")

Subject: Whoever signing

The parties agree to the following terms in connection with a complimentary photography session conducted in Montreal, Quebec, Canada.

2. COPYRIGHT & OWNERSHIP OF IMAGES

All photographs, images, digital files, negatives, RAW files, edited files, and any derivative works produced during the session (collectively, the "Images") are and shall remain the exclusive intellectual property and copyright of the Photographer. This includes any and all edited, retouched, or otherwise processed versions of the Images.

The Subject acknowledges and agrees that:

a) The Photographer holds full copyright in the Images under the Copyright Act (Canada) and any applicable international copyright laws.

b) No ownership, copyright, or intellectual property rights in the Images are transferred to the Subject by virtue of this Agreement or the session.

c) The Images may not be sold, licensed, sublicensed, or transferred to any third party by the Subject.

3. PHOTOGRAPHER'S RIGHT TO USE IMAGES

The Subject hereby grants the Photographer a perpetual, irrevocable, worldwide, royalty-free license to use, display, reproduce, publish, edit, and distribute the Images for any lawful purpose, including but not limited to:

  • Portfolio (print and digital), website, and online galleries

  • Social media platforms (Instagram, Facebook, LinkedIn, TikTok, etc.)

  • Editorial publications, press features, and media submissions

  • Marketing, advertising, and promotional materials

  • Award submissions and industry competitions

  • Teaching, workshops, and educational materials

  • Commercial licensing and client presentations

The Photographer is not required to obtain further approval from the Subject before using the Images for any of the above purposes.

4. SUBJECT'S RIGHT TO USE IMAGES -- CREDIT REQUIRED

The Photographer generously grants the Subject a non-exclusive, non-transferable license to use the Images for personal and professional purposes, subject to the following mandatory conditions:

a) Mandatory Credit and Tagging. The Subject must credit the Photographer in every instance of use, without exception. Credit must read:

Photo: Hailey York / The Mighty Studio

On Instagram and TikTok, the Subject must tag @the.mightystudio in both the image/post tag and the caption. Tagging in the caption alone is not sufficient. On all other platforms where tagging is not available, written credit as above is required.

b) No Removal of Credit. The Subject may not remove, obscure, or crop out any credit, watermark, or tagging associated with the Images.

c) No Commercial Licensing. The Subject may not sell, license, or monetize the Images to any third party. This includes but is not limited to: licensing to brands, agencies, or publications for a fee, use in paid advertising campaigns without Photographer approval, or transfer to any stock platform.

d) No Alteration. The Subject may not significantly alter, filter, distort, or manipulate the Images in a way that misrepresents the Photographer's work or damages the Photographer's professional reputation.

5. NO COMPENSATION

This session is provided at no charge to the Subject. No monetary payment is due to either party. This Agreement represents the entirety of consideration exchanged between the parties.

6. RELEASE OF LIABILITY

The Subject hereby releases, discharges, and holds harmless the Photographer, The Mighty Studio, and any associated agents or contractors from any and all claims arising from the use of the Images as described in this Agreement, including any claims related to likeness, portrayal, or representation in the Images.

7. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be subject to the exclusive jurisdiction of the courts of Ontario.

8. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Photographer and the Subject with respect to the Images and supersedes all prior discussions, representations, or agreements, whether oral or written.

SIGNATURES

By signing below, both parties confirm they have read, understood, and agree to all terms of this Agreement.