DEFINITIONS

This Agreement is between Tyler Ng Photography (“Photographer”) and [You] ("Client"), which includes the client's principals, employees, affiliates, and representatives. The client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. The photographer's relationship with the client is that of an independent contractor.

“Image(s)” means the photographic material, whether still or moving, created by the photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files that were captured, recorded, stored, or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other media.

CREDIT LINE and COPYRIGHT NOTICE:

This applies to all forms of social media and online presence.

The placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, the client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to the photographer for the loss of recognition or lack of copyright protection resulting from the lack of, or an improper, copyright notice or credit line.

The credit line should include the website “TylerNgPhotography.com” and, if applicable, the Instagram username “@Ski_Run_Ty”

If images are being posted on a personal account, the photographer’s website and username must be included.

If images are being posted by a non-personal account, (example: company, business, organization, professional, official, etc)the posting account must invite the Photographer to be a “Collaborator” on the post as well as provide the Credit Line. Failure to do so will result in the deletion of the post, which must be reposted with the appropriate Credit Line and Collaboration invitation, and additional charges of $50 per Image.

USAGE RIGHTS AND OWNERSHIP:

The client acknowledges that the photographer is the Author of the Image(s) and also the first and sole owner of all copyrights to the Image(s). The Image(s) and all copyrights remain the exclusive property of the photographer, without limitation. The Client is obtaining prints for personal use only and shall not sell said prints or authorize any reproductions thereof by parties other than the photographer. If the client is obtaining a print for reproduction, the photographer authorizes the client to reproduce the print only as set forth under Special Usage Requirements. In such event, the client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.

IMAGES ARE LICENSED FOR SPECIFIC USES AND ARE NOT SOLD.

The client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified in this agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.

The term of the license begins on the date the photographer receives full payment of the invoice and upon delivery of the images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable, and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark, or other service mark. Including website use unless licensed for additional costs.

Copyright metadata contained within any digital file may not be altered or removed without the express consent of the photographer.

Unless otherwise agreed, the photographer retains the right to use the Image(s) for self-promotion.

PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:

The client will not make or permit any alterations, including, but not limited to, filters, crops, additions, subtractions, or adaptations, with respect to the Image(s), alone or with any other material, without the prior express permission of the photographer. Any altercations made without express permission of the photographer will result in the deletion of the photos and/or social media posts and additional charges of DOUDLE THE INVOICE TOTAL or $50 per image, whichever is greater. The client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to the photographer. If the client(s) wish to request additional editing of images, this is done at a separate fee, starting at $50 per image.

GENERAL LIABILITY AND RELEASES:

The photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But the photographer will not be liable for any loss, damages, or costs suffered by the client or by any third party arising from the client's use of any Image(s).

The client will indemnify, defend, and hold harmless the photographer, his contractors, and his representatives against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from the client's use of any Image(s).

The photographer is not responsible for obtaining model, property, trademark, copyright, or any other release in connection with the Image(s) unless specifically stated in this agreement. It is the client's responsibility to obtain all necessary permissions for any Image use that requires a release or other consent.

Should the photographer agree to deliver any releases, it is the client's responsibility to determine whether such releases are suitable for the client's purposes. The photographer gives no warranty or guarantee as to the legal validity of any release.

NO RIGHTS ARE GRANTED UNTIL THE PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.

Where usage rights before full payment are granted, the photographer reserves the right to rescind any such usage rights if the client fails to make timely payment.

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

ARCHIVING DIGITAL FILES:

While the photographer may choose to archive the Image(s), it is the client's responsibility to properly store and archive the Image(s) for the duration of the term of the license. The photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to the client.

The client is aware that optical, magnetic, electronic, and any other media for storing digital data are inherently unstable. The client hereby releases the photographer and his contractors and representatives from any liability for any claims, damages, or costs arising from any media supplied by the photographer becoming unusable.

All digital files created by, or on behalf of, the client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of the license.

Any requests for the photographer to reproduce images that were already delivered will incur a $100 processing fee.

DIGITAL FILE QUALITY:

The photographer is committed to providing high-quality services. Unless otherwise specified, the photographer may deliver, and the client agrees to accept, the Image(s) encoded in an industry-standard data format that the photographer may select at a resolution that the photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

A photographer uses cameras and monitors that are colour-calibrated to industry standards. But due to variances in other monitors, software, and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality, and color will be adjusted for pleasing tonalities.

It is the client's responsibility to verify that the digital data, including the colour profile, if provided, are suitable for reproduction of the expected quality and color accuracy and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, the photographer's sole obligation will be to replace or repair the data, but in no event will the photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages resulting directly or indirectly from defects or errors in digital files or their use.

All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested. Some images may only be produced in color or black and white at the artist's discretion. If the client(s) wish to request additional editing of images, this is done at a separate fee, starting at $50 per image.

SESSION TERMS:

Sessions will be conducted at a location agreed upon by the photographer.  The photographer will not trespass on or use any property or location that is considered unlawful to do so. The photographer is bound by any rules for the property or location. If the Client wishes to shoot on private property, it is the client's responsibility to get authorization from the owner of the property. The photographer is not responsible for hazards at the location, and the Client agrees to enter into the session at their own risk.

In the event that the family or guests are taking photos, Tyler Ng Photography is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. Tyler Ng Photography is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.

ACCEPTANCE OF TERMS:

The payment of the invoice, downloading and use of any image(s) is considered an acceptance of the Terms and Conditions.