TERMS & CONDITIONS
1. Terms and Definitions:
(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, montage drawing, digital reproduction or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, digitally (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
(c) the Photographer (otherwise known as Jacquie Matechuk) is the Author of the photograph or the Photographer.
(d) the Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) BroughtToLife.ca administers the licensing of the works of the Photographer, Jacquie Matechuk and is a trade name of Jacquie Matechuk, o/a Sole Proprietor in Canada;
(f) These terms and conditions represent the entirety of the agreement between Jacquie Matechuk and the Client. Any variation is only applicable when agreed in advance and in writing;
2. Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained by the Photographer, Jacquie Matechuk at all times throughout the world and is administered by BroughtToLife.ca;
(b) Title to all photographs remains the property of the Photographer;
(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(d) The Photographer, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Jacquie Matechuk's grant of reproduction rights in respect thereof;
(e) Jacquie Matechuk asserts both her moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Jacquie Matechuk any fee payable by the Client shall be subject to an increase specified by Jacquie Matechuk, and in any event an increase of not less than 25%.
3. Use and Reproduction:
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received. Jacquie Matechuk reserves the right to make a charge of 50% of the original invoice (excluding expenses) when images are used before full payment has been received;
(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on your Jacquie Matechuk Photography invoice. An agreement must be reached with Jacquie Matechuk before the pictures are used for a different purpose or after the licence to use has expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
(g) Jacquie Matechuk reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Jacquie Matechuk free of charge within two weeks. In other media, evidence of use must be made available if requested;
(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Jacquie Matechuk may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
4. Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by Jacquie Matechuk Photography and the Photographer to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
5. Booking and Cancellation:
(a) Orders and/or Bookings: The Client will be required to agree to the estimate terms and conditions (in writing or digitally). Upon receipt of the terms being accepted, Jacquie Matechuk Photography will send an email as confirmation. The contract will then be considered Confirmed.
(b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Jacquie Matechuk will not accept any other work from other clients for those times and dates;
(c) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date a fee of 30% of the booked time rate will be charged; (ii) When a client cancels photography within less than 10 business days of any confirmed date, a fee of 50% of the booked time rate will be charged; (iii) When a client cancels photography within less than 3 business days of any confirmed date, a fee of 75% of the booked time rate will be charged; (iv) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Jacquie Matechuk Photography and/or the Photographer.
(d) If Jacquie Matechuk – with the agreement of the client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Jacquie Matechuks’ control and the client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale OR 1 calendar month, then the client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Jacquie Matechuk Photography and/or the Photographer.
6. Payment Terms:
(a) Our payment terms are strictly net 10 days unless agreed in advance and in writing;
(b) If payment is not made in accordance with (a) above then Jacquie Matechuk Photography and/or the Photographer. may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;
(c) A fee of $40 CDN will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
(d) The Client’s right to reproduce a picture arises only when Jacquie Matechuk Photographys’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Jacquie Matechuk Photography and/or the Photographer to rescind the Agreement and rendering the Client liable for the payment of damages;
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 10 days from the issue date, and that Jacquie Matechuk Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts;
(a) Jacquie Matechuk Photography will edit every take and deliver what it considers to be the best of every situation covered;
(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
8. Liability and Indemnity:
(a) While Jacquie Matechuk Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;
(b) The Client agrees to indemnify Jacquie Matechuk Photography and/or the Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Jacquie Matechuk Photography;
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Jacquie Matechuk Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Jacquie Matechuk Photography and/or the Photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
9. Applicable Law:
(a) This Agreement shall be subject to and constructed according to Canadian Law and the parties agree to accept the exclusive direction of the Courts of Canada;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
10. Client Confidentiality & Privacy:
10.1 Confidential and Proprietary Knowledge
The Photographer and Jacquie Matechuk Photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Jacquie Matechuk Photography to carry out their obligations in relation to the commission or contract [our contract].
10.2 Collecting, storing & using your personal data
Jacquie Matechuk Photography and/or the Photographer will only collect, store and use your personal and business data to enable us to carry out our contract.
The data collected, stored and used will be limited to email addresses, business name and the registered address of your business.
The data collected and stored will only be used for the following specific purposes:
10.2.1 to facilitate communication between you and Jacquie Matechuk Photography and/or the Photographer in order to carry out our contract
10.2.2 used for quotations, invoices and Image Use License purposes and if necessary to communicate with you with regards to either of these purposes
10.3 What we will not do with your data
Jacquie Matechuk Photography will only use your data as specified in sections 10.2.1 and 10.2.1 above.
Jacquie Matechuk Photography will not:
10.3.1 use your data to communicate with you on any matters except those that enable us to carry out our contract
10.3.2 sell, distribute or lease your personal information to third parties unless we are compelled to do so by law
10.4 Your Rights
Jacquie Matechuk Photography recognizes your rights, under the General Data Protection Regulations (GDPR) 2018 to:
10.4.1 access any personal data we hold about you
10.4.2 correct any inaccurate data we may hold about you
10.4.3 have erased any personal data we may hold about you
10.4.4 object about any personal data we may hold about you
If you would like to exercise any of the above rights or request a copy of the information held on you please write to:
Jacquie Matechuk Photography
Cochrane, Alberta, Canada
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at address above.
We will promptly correct – within 72 hours – any information found to be incorrect.
Our terms are strictly net 10 days (four weeks) unless agreed in advance and in writing.