The Mighty Studio

SUMMARY

DEPOSIT
30%, non-refundable, secures the date. Balance due on or before the session date.

RESCHEDULING
24 hours' notice, and the deposit carries over once. Cancel within 24 hours or arrive 30+ minutes late, and the deposit is lost. No-shows forfeit the full fee.

DELIVERY
Curated, edited, high-resolution JPEGs. No RAW or unedited images, ever.

OWNERSHIP
The Mighty Studio owns all images. The Subject receives a licence to use them.

CREDIT
Tag @the.mightystudio in both the image and the caption, every time. In print: "Photo by Hailey York of The Mighty Studio."

USE
Personal and professional use only. No selling, licensing, paid ads, or stock.

LOCATION
Access, permits, and location fees are the Subject's responsibility.

LIABILITY
The Subject assumes the risks of the location. The Mighty Studio's liability is capped at the fees paid.

TERMINATION
The Mighty Studio may end services at any time. The Subject's only remedy is a refund.

This summary is for convenience only. The full terms below govern.

1. PARTIES

1.1 This Agreement is between Hailey York, operating as The Mighty Studio (the "Photographer"), and the individual signing below (the "Subject"). It applies to the paid on-location session booked between them (the "Session").

1.2 The date, time, location, fee, and deliverables are those agreed in writing, including by email or text message, and form part of this Agreement.

1.3 Booking or paying the deposit is acceptance of this Agreement, whether or not it has been signed.

2. FEE, DEPOSIT, AND CANCELLATION

2.1 Deposit. A deposit of 30% of the session fee is payable at booking. The date is confirmed once it is received. The deposit is non-refundable and is credited toward the total fee.

2.2 Balance. Due on or before the session date, unless agreed otherwise in writing. No images are delivered and no licence is granted until payment is received in full.

2.3 Rescheduling. With at least 24 hours' notice, the deposit transfers to a new date once. Any further reschedule requires a new deposit.

2.4 Late cancellation. Cancelling or asking to reschedule within 24 hours of the Session forfeits the deposit.

2.5 No-shows forfeit the full session fee.

2.6 Validity. The deposit is valid for twelve (12) months from the original booked date. After that, it is treated as used and is not refundable or transferable.

2.7 A reschedule made by the Photographer under Section 3.1 does not count as the Subject's reschedule, and the deposit carries over.

3. SCHEDULING AND ARRIVAL

3.1 Unforeseen circumstances. Illness, family matters, travel disruption, weather, equipment issues, or other circumstances beyond reasonable control may require the Photographer to reschedule. The Session moves to the next mutually available date, the deposit carries over, and no liability arises on either side.

3.2 Timeliness. The Session begins at the agreed time. The Subject must be ready at the start time and location. Hair, makeup, wardrobe changes, and settling in count as session time. Time lost to a late start is not recovered or credited, and the Session ends at the scheduled time.

3.3 Significant delay. If the Subject arrives more than 30 minutes late, the Photographer may, at her choice, shoot the remaining time or treat the Session as a late cancellation under Section 2.4.

3.4 Children. Parents and guardians are fully responsible for supervising, managing, comforting, feeding, and directing their children. The Photographer does not manage children.

 

4. CREATIVE CONTROL, EDITING, AND DELIVERY

4.1 The Subject books 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.

4.2 Galleries are curated selections, not a complete record of the Session. No specific number of images is guaranteed, and the Subject may not choose which images are included.

4.3 Images are delivered as edited, high-resolution JPEG files through a private online gallery (Pixieset, Pic-Time, or comparable), available for six (6) months, after which the gallery may be permanently removed. Please download and back up your images.

4.4 RAW, unedited, and partially edited images are never provided or shown.

4.5 Standard editing includes colour correction, tonal adjustments, and light blemish removal. Additional retouching is $150 per hour plus HST, one hour minimum, paid before work begins. The Photographer may decline any request that conflicts with her style.

4.6 Results depend on factors beyond the Photographer's control, including cooperation, mood, light, weather, and location. Dissatisfaction based on personal appearance, expressions, body shape, or other subjective preference is not grounds for a refund, reshoot, or additional edits.

 

5. COPYRIGHT AND OWNERSHIP

All photographs, digital files, negatives, RAW files, edited files, and derivative works created during the Session, including every edited, retouched, or processed version (the "Images"), are the sole and exclusive property of the Photographer. The Subject agrees that:

5.1 The Photographer holds full and exclusive copyright in the Images under the Copyright Act (Canada) and applicable international law.

5.2 No ownership, copyright, or other intellectual property right passes to the Subject. The session fee pays for the Photographer's time and craft, not for copyright.

5.3 The Subject may not sell, license, sublicense, or transfer the Images to any third party.

5.4 The Photographer does not waive her moral rights, including the right to be credited.

6. PHOTOGRAPHER'S USE OF THE IMAGES

6.1 The Subject grants the Photographer a perpetual, irrevocable, worldwide, royalty-free licence to use, display, reproduce, publish, edit, and distribute the Images, and the Subject's name and likeness, for any lawful purpose connected with her practice, including portfolio, website, and online galleries; social media; editorial, press, and media submissions; marketing, advertising, and promotion; awards and competitions; teaching and workshops; and commercial licensing and client presentations.

6.2 No further approval or payment is owed to the Subject.

6.3 This includes everyone the Subject brings to the Session. If the Subject books for children or other adults, the Subject confirms they have authority to grant this on their behalf.

7. SUBJECT'S USE: CREDIT AND TAGGING

7.1 Licence. On full payment, the Subject receives a non-exclusive, non-transferable licence to use the Images for the Subject's own personal and professional purposes, on the terms below.

7.2 Credit and tagging. Every use must credit the Photographer. On social media, tag @the.mightystudio in both the image tag and the caption. A caption tag alone is not enough. Where tagging is not possible, such as in print, the credit "Photo by Hailey York of The Mighty Studio" must accompany the Image.

7.3 Credit stays intact. The Subject will not remove, obscure, or crop out any credit, watermark, or tag.

7.4 No monetizing. The Images may not be sold, licensed to brands, agencies, or publications for a fee, used in paid advertising or sponsored content without the Photographer's written approval, placed on any stock platform, or used to train any AI system.

7.5 Integrity of the work. The Subject will not alter, filter, distort, or AI-edit the Images in a way that misrepresents the Photographer's work.

7.6 Breach. Any breach of this section must be fixed within 48 hours of notice (text or email is sufficient). If it is not fixed, or happens again, the Subject's licence ends and any further use is copyright infringement.

8. ON-LOCATION CONDITIONS

8.1 Access and permits. The Subject is responsible for access, permission, permits, and any fees for the location, including venues, buildings, and private property. Time lost to access issues is not credited. If the Session cannot go ahead, it is treated as a late cancellation under Section 2.4.

8.2 Costs. Parking, location fees, and any agreed travel fees are paid by the Subject unless agreed otherwise in writing.

8.3 Safety. The Photographer may pause, relocate, shorten, or end the Session if conditions are unsafe for anyone present or for equipment, with no refund.

8.4 Weather. For outdoor sessions, the Photographer may reschedule under Section 3.1 if conditions are unsuitable. The deposit carries over, and this does not count as the Subject's reschedule.

8.5 Public spaces. The Photographer cannot control passersby, crowds, noise, or construction, and these are not grounds for a refund.

8.6 Equipment. The Subject is responsible for any loss of or damage to the Photographer's equipment caused by the Subject, their guests, or conditions at the location.

 

9. LIABILITY, WAIVER, AND RELEASE

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR LEGAL RIGHTS.

9.1 Assumption of risk. The Subject takes part voluntarily and assumes all risks of the Session and location for themselves, their children, and their guests, including uneven ground, water, weather, traffic, crowds, and public spaces.

9.2 Release. To the fullest extent permitted by law, the Subject releases and holds harmless the Photographer, The Mighty Studio, and its assistants, agents, and contractors from all claims arising from the Session or the use of the Images as described in this Agreement, including claims for injury, illness, loss, damage, or distress, claims relating to likeness, portrayal, or representation, and claims based on negligence.

9.3 Indemnity. The Subject will indemnify the Photographer and The Mighty Studio against any claim by the Subject's children, guests, or anyone they bring, or by the owner or manager of the location, and against any loss caused by the Subject's breach of this Agreement.

9.4 Technical failure. If images are lost or damaged through equipment malfunction, data loss, or circumstances beyond the Photographer's control, her only obligation is reasonable efforts to remedy, which may include rescheduling.

9.5 No indirect loss. The Photographer is not liable for indirect, incidental, or consequential loss, including missed occasions, milestones, or disappointment.

9.6 Belongings. Personal belongings brought to the Session are at the Subject's own risk.

9.7 Cap. The Photographer's total liability for any claim is capped at the fees actually paid to her for the Session.

10. PHOTOGRAPHER'S RIGHT TO DECLINE OR TERMINATE

10.1 The Photographer may decline, discontinue, or terminate services at any time, at her sole discretion, before, during, or after a Session, with or without reason or notice. Her decision is final.

10.2 Where the Photographer terminates, the Subject's sole remedy is a refund of all amounts paid toward the affected Session, including the deposit. This refund fully discharges the Photographer's obligations and ends this Agreement for that Session.

10.3 No refund is owed where the termination is due to the Subject's breach of this Agreement, unsafe conditions at the location, or abusive behaviour by the Subject or anyone they bring.

10.4 Where a Session is terminated, no images are delivered in any form, no licence is granted, and the Photographer keeps full copyright in all images created.

10.5 The Photographer is not responsible for any costs the Subject incurs in connection with a terminated Session, including hair and makeup, wardrobe, travel, parking, childcare, time away from work, venue or location fees, third-party vendors, or arranging a session elsewhere.

11. GENERAL

11.1 This Agreement is governed by the laws of Ontario and the federal laws of Canada that apply there. The courts in Toronto have exclusive jurisdiction.

11.2 This Agreement and the written session details are the entire agreement between the parties and replace all prior discussions. Changes must be in writing, including by text or email, and confirmed by the Photographer.

11.3 Rates and policies may change. The terms in effect at booking apply to that Session.

11.4 Sections 5, 6, 7, 9, and 10 survive the end of this Agreement.

11.5 If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of the Agreement remains in effect.

11.6 This Agreement may be signed electronically.

 

SIGNATURES

By signing below, both parties confirm they have read, understood, and agree to all terms of this Agreement, including the waiver and release in Section 9, and that this Agreement is legally binding.