PHOTO TOUR TERMS & CONDITIONS

 

1. Booking and Cancellation Terms:

(a) Photo Tour 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 a booking is made for a specific photo tour, and this date/time has been Confirmed, Jacquie Matechuk will not accept any bookings from clients outside of the number spots allotted in the photo tour description.

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2. Payment Terms:

(a) Our payment terms are as follows;

• Partial payment of 50% due upon receipt of invoice. Your booking is confirmed upon payment being received.

• Balance of payment is due 180 days prior to starting date of photo tour.

• Please review Cancellation Terms (above) prior to submitting your partial payment as confirmation of your booking.​

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3. Cancellation Terms:

(a) Our cancellation terms are as follows;

• You may transfer a partial payment from a booked tour to another Jacquie Matechuk tour of your choice, up to 180 days before departure without incurring any penalty from Jacquie Matechuk.

• You may cancel your booking up to 180 days prior to departure for a full refund of your partial payment, less any non-refundable costs incurred by Jacquie Matechuk from third parties (such as credit card processors, airlines, or hotels), which will be deducted from the refunded amount.

• If you cancel your tour inside 180 days or less before of departure, you will be responsible for the total cost of the tour, except whereby a suitable replacement is found and their tour payment is received in full.

• If a suitable replacement guest is registered and paid in full, the full amount of your partial payment will be refunded to the original guest, minus any non-refundable costs incurred by Jacquie Matechuk from third parties (e.g., credit card processors, airlines, or hotels).

• It is always strongly recommended that all guests purchase private travel insurance to safeguard against unforeseen circumstances.

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4. Waivers:

(a) Upon receipt of your 50% partial payment, you will be required to review and sign;

• Medical Release 

• Travel & Liability Waiver. 

(b) The e-signature on this form is binding for the travellers and their successors, heirs, representatives, and administrators.

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5. 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.

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6. Legal Notice:

(a) This agreement and any disputes arising from it shall be governed by the laws of the Province of Alberta, Canada.

(b) By making a booking and submitting the required payment, you acknowledge and agree to these terms and conditions.

(c) Any legal action or proceeding related to or arising from this agreement shall be resolved exclusively in the courts of Alberta, Canada.

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7. 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;​

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8. 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.

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9. Client Confidentiality & Privacy:

(a) 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].

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10. 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:
(a) to facilitate communication between you and Jacquie Matechuk Photography and/or the Photographer in order to carry out our contract
(b) used for quotations, invoices and Image Use License purposes and if necessary to communicate with you with regards to either of these purposes

(c) What we will not do with your data
Jacquie Matechuk Photography will only use your data as specified in sections (a) and (b) above.

 

Jacquie Matechuk Photography will not:
(d) use your data to communicate with you on any matters except those that enable us to carry out our contract
(e) sell, distribute or lease your personal information to third parties unless we are compelled to do so by law

 

Your Rights:
Jacquie Matechuk Photography recognizes your rights, under the General Data Protection Regulations (GDPR) 2018 to:
(f) access any personal data we hold about you
(g) correct any inaccurate data we may hold about you
(h) have erased any personal data we may hold about you
(i) object about any personal data we may hold about you

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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
Owner/Operator

Jacquie Matechuk Photography
Box 833, Cochrane, Alberta, Canada
T4C 1A8
jacquie@broughttolife.ca

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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.

Please Note: There is an additional privacy policy relating to the use of our website.

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Making Payment

Our terms are strictly payment in full prior to travelling, as per the payment terms detailed above, unless agreed in advance and in writing.

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