The Mighty Studio

THE MIGHTY STUDIO Photography & Creative Direction | Toronto, Ontario, Canada hailey@themightystudio.ca | @the.mightystudioON-LOCATION PHOTOGRAPHY & IMAGE USE AGREEMENT1. PARTIESThis On-Location Photography and Image Use Agreement (the "Agreement") is entered into between Hailey York, operating as The Mighty Studio, Toronto, Ontario, Canada (the "Photographer"), and the individual signing below (the "Subject"). It sets out the standard terms for paid on-location sessions with The Mighty Studio and applies to the session booked between the parties.2. SESSION FEE & DEPOSITa) Booking deposit. A deposit of thirty percent (30%) of the session fee is payable at the time of booking to reserve the session date. The date is confirmed once the deposit has been received.b) Nature of the deposit. The deposit reserves the date and the time set aside for the session, and is non-refundable. It is credited toward the total session fee.c) Balance. The remaining balance is payable on or before the session date, unless the parties agree otherwise in writing.d) Rescheduling and the deposit. Should the session be rescheduled by either party, the deposit transfers in full to the new date. No second deposit is required.e) Validity period. The deposit remains valid toward a completed session for twelve (12) months from the original booked date. If no session has taken place within that period, the deposit is treated as having been used and is not refundable or transferable thereafter.3. SCHEDULING & RESCHEDULINGa) Unforeseen circumstances. Both parties recognize that circumstances beyond a person's reasonable control, such as illness, family matters, travel disruption, weather, or equipment issues, may occasionally require a session to be delayed or rescheduled. Where this affects the Photographer, the session will be moved to the next mutually available date, the deposit carries over under Section 2, and no liability arises on either side from the change.b) Timeliness. Sessions begin at the agreed time, and the Subject agrees to be ready and available at the start time and location. As session windows are reserved exclusively for the Subject, time lost to a late start cannot be recovered within the same session or credited against the fee.c) Significant delay. Where the Subject arrives more than thirty (30) minutes after the agreed start time, the Photographer may treat the session as one to be rescheduled, in which case the terms of Section 2 apply and any new session remains subject to the validity period.d) Cancellation by the Subject. If the Subject cancels or asks to reschedule, the deposit is applied as set out in Section 2, and the Photographer will make reasonable efforts to offer a new date subject to availability.4. COPYRIGHT & OWNERSHIP OF IMAGESAs is standard in professional photography, copyright in all work produced during the session remains with the Photographer. All photographs, digital files, negatives, RAW files, edited files, and any derivative works created during the session (collectively, the "Images") are and remain the sole and exclusive property and copyright of the Photographer, including every edited, retouched, or otherwise processed version.The Subject acknowledges and agrees that:a) The Photographer holds full and exclusive copyright in the Images under the Copyright Act (Canada) and any applicable international copyright laws.b) No ownership, copyright, or other intellectual property right in the Images passes to the Subject under this Agreement or by reason of the session, and the session fee is for the Photographer's time and craft rather than for transfer of copyright.c) The Images may not be sold, licensed, sublicensed, or transferred to any third party by the Subject.5. PHOTOGRAPHER'S USE OF THE IMAGESThe Subject grants the Photographer a perpetual, irrevocable, worldwide, royalty-free license to use, display, reproduce, publish, edit, and distribute the Images for any lawful purpose connected with the Photographer's practice, including:Portfolio (print and digital), website, and online galleriesSocial media platforms (Instagram, Facebook, LinkedIn, TikTok, and others)Editorial publications, press features, and media submissionsMarketing, advertising, and promotional materialsAward submissions and industry competitionsTeaching, workshops, and educational materialsCommercial licensing and client presentationsFurther approval from the Subject is not required for these uses.6. SUBJECT'S USE OF THE IMAGES: CREDIT & TAGGINGThe Photographer grants the Subject a non-exclusive, non-transferable license to use the Images for personal and professional purposes, on the following terms:a) Credit and tagging. The Subject agrees to credit the Photographer in every use of the Images. On social media, this means tagging @the.mightystudio in both the image/post tag and the caption, as a caption tag alone is not sufficient. Where tagging is not possible, such as in print or any format that does not support it, written credit reading "Photo by Hailey York of The Mighty Studio" should accompany the Image.b) Credit to remain intact. The Subject agrees not to remove, obscure, or crop out any credit, watermark, or tagging associated with the Images.c) Personal and professional use. The license is for the Subject's own personal and professional use. The Images are not to be sold, licensed, or otherwise monetized through third parties, including licensing to brands, agencies, or publications for a fee, use in paid advertising without the Photographer's written approval, or placement on any stock platform.d) Integrity of the work. So that the work remains representative of the Photographer's craft, the Subject agrees not to significantly alter, filter, distort, or manipulate the Images in a way that misrepresents the Photographer's work.7. ON-LOCATION CONDITIONS & ACCESSa) Access and permissions. Arranging access, permissions, and any permits required for the session location, including venues, buildings, or private property, rests with the Subject. Where a session is delayed, shortened, or prevented by access or permission issues, the terms of Section 2 apply.b) Safe working conditions. The location should be safe and suitable for photography. The Photographer may pause, relocate, shorten, or conclude a session where conditions are unsafe for any person present or for equipment.c) Weather and environment. For outdoor or weather-dependent sessions, the Photographer may reschedule under Section 3 where conditions are unsuitable, with the deposit carrying over under Section 2.d) Equipment. The Subject agrees to be responsible for any loss of or damage to the Photographer's equipment caused by the Subject, their guests, or conditions at the location.8. RELEASE OF LIABILITYTo the fullest extent permitted by law, the Subject releases and holds harmless the Photographer, The Mighty Studio, and its agents, assistants, and contractors from claims arising from the session or the use of the Images as described in this Agreement, including claims relating to likeness, portrayal, or representation, and claims arising in connection with the on-location session.9. GOVERNING LAWThis Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes are subject to the exclusive jurisdiction of the courts of Ontario.10. ENTIRE AGREEMENTThis Agreement constitutes the entire understanding between the parties with respect to the session and the Images, and supersedes all prior discussions, representations, or agreements, whether oral or written.SIGNATURESBy signing below, both parties confirm they have read, understood, and agree to the terms of this Agreement.