Terms and Conditions
Booking availability: Monday - Friday beginning at 10:00 am. Weekends: limited availability - please contact. Photography booking windows are 2-hours even though a typical shoot is 45-60 minutes. Shoot times may fluctuate up to an hour to allow for unforeseen circumstances such as weather and traffic.
Deliverables: Edited, high-resolution jpeg images delivered in an online gallery within 12-24 hours of the end of the shoot; weekend bookings delivered the following Monday by 5:00 pm unless otherwise stated or requested in writing, at the discretion of the Photographer.
Please download images and save in a secure location as soon as the link is received, as each gallery is only active for 7 calendar days after the shoot date, and will be removed from the online gallery platform. Once the gallery has been removed from the online gallery platform, a fee will be billed to the Client should they require the gallery to be re-uploaded, for a period of 3 calendar days. We are not held responsible for storing any past projects beyond this time frame.
Edited videos are delivered via YouTube link and/or mp4 file within 24-48 hours of the shoot. Virtual tours and floorplans are delivered via Matterport link within 24-48 hours of the shoot. Please enquire for turnaround time of other materials not mentioned above.
Photos, videos, virtual tours, and any other visual media or material produced by the Photographer is hereafter referred to as "Deliverables", "Visuals" or "Visual Media".
Any edited Visual Media is considered "Editor's/Director's Cut" and is edited per the Photographer's discretion. Any re-edit requests must be submitted in writing via email and are subject to a re-editing fee, which must be paid and received by the Photographer before the new, edited materials are delivered to the Client.
Billing: session or package fees, additional square footage fees, and optional package add-on fees are subject to HST (not including mileage fees). An invoice will be delivered via email along with the final online gallery link, and payment is due within 7 calendar days of receiving the invoice. E-transfer is the preferred payment method. Cash and cheque also accepted. Invoices are considered overdue at 7 calendar days, at which point reminder emails will be issued bi-weekly. Overdue invoices are subject to a monthly interest fee, starting from day 7 onward and at the discretion of the Photographer.
Cancellation: The Client can cancel up to 24-hours prior to the shoot without penalty. If Client cancels within 24-hours, the Client is responsible for 100% of the fee and any expenses incurred, at the discretion of the Photographer. Cancellation fee is waived for the Client, rescheduling only due to inclement weather on the same-day up to 2 hours prior to shoot time, and when a reschedule date has been agreed upon and confirmed. If the Client doesn't cancel/reschedule, the Photographer will arrive on location and shoot the project and bill it as a regular shoot. If the Client doesn't cancel/reschedule due to inclement weather and is unhappy with the exterior Visuals, the Client may choose to book an 'exterior only" re-shoot on another day. If the property/project is not ready for photography (inaccessible, un-safe, un-prepared, cluttered, dirty, excessive damage, under construction, messy or any other reason), the Photographer reserves the right to refuse the shoot without penalty and will issue a bill to the Client for time and mileage. In the case of illness or inclement weather where it places either Photographer/equipment in danger of getting to or completing the shoot, the Photographer has the right to reschedule to the next available date and time without penalty. All cancellation/reschedule requests MUST be submitted via email to firstname.lastname@example.org, or via text/phone call as soon as possible.
Rights: All Visual Media produced by the Photographer, and rights relating to them, including copyright and ownership rights, remain the sole and exclusive property of the Photographer. Upon receipt of payment, a partial license provides the Client with the limited right to publicly display the Visual Media, only for promotional or advertising purposes directly related to the Property/Project for which the Visual Media was captured. Visual Media used for any purpose not directly related to the Property/Project in question, including resale or redistribution, must be with the express permission of the Photographer and the payment of additional fees paid, unless otherwise agreed to in writing. Visual Media MUST NOT be re-edited, modified, reproduced, or redistributed by or to any other channels, realtors, property managers, builders, or any other third party, or used by other photography firms, retail outlets or used for any other purpose other than to market or promote the property/project. Any Visual Media found to be used by other agents, companies, photographers, retail outlets or any other third party will be prosecuted under Canadian Copyright Laws.
Visual Media may be uploaded to any MLS listing service (or Airbnb, or other short-term rental site, in the case of photos taken for this purpose) solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS or Airbnb, etc, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act. Visual Media may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Visual Media are removed from MLS databases at the expiration of this Agreement.
In the case of Visual Media produced for real estate listing purposes, unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of the photo shoot, or (2) at the termination of Client’s representation of the Property/Project, whichever occurs first. Further use of Visual Media beyond one (1) year requires the Photographer’s permission and additional fees. These limited rights are assigned to the Client immediately upon receipt of payment by the Photographer from the Client.
Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer, and the Visual Media produced by Photographer, shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Disclosure: By booking Northern Exposure Real Estate Photography by Sarah Tennant, you have read and agree to the full "Terms and Conditions" and "Preparing Your Home to be Photographed" , and release Northern Exposure Real Estate Photography by Sarah Tennant and affiliates of ALL liabilities. Booking Conditions/notes may also be altered at anytime without further notice.