Standard Terms and Conditions

1.     You hereby grant to the Photographer all right, title and interest whatsoever, including copyright, in and to the results and proceeds of the Services whether such results and proceeds consist of literary, dramatic, artistic, musical, audio-visual, or motion picture works or ideas or otherwise.  The rights referred to herein include, without limitation, the exclusive right to produce and exploit in all manner and media now known or in the future developed, all sequels, spin offs, series, and other Photographys based on or inspired by the Event or any material relating to the Event. The photographer shall have the right to edit such results and proceeds and to combine them with the works of others.  You hereby waive any and all moral rights in and to such results and proceeds and in and to the Event and any other works relating to the Event.

        2.     The Client may terminate this Agreement;

a.     with forty-eight (48) hours of notice to Photographer prior to Photo Shoot;

b.     without notice in the event of your death, disability, or default hereunder; or

c.     without notice if an event force majeure or other circumstances beyond the Client’s control renders the Client unable to perform its obligations hereunder.

 Compensation under this Agreement shall not accrue nor shall you be entitled to any compensation under this Agreement for any period following      termination, howsoever arising.

                The termination of this Agreement for any reason shall not affect:

a.     the Photographers sole and exclusive ownership of all the results and products of the Services;

b.     any other rights of the photographer under this Agreement; or

c.     any warranty, representation, indemnity or other undertaking given by you under this Agreement.

3.     You agree to indemnify and hold the Photographer, its directors, officers, employees, licensees and assigns harmless from any and all liability, cost and expense (including legal expenses) arising directly or indirectly, from any breach or alleged breach of any provision of this Agreement.  You shall also indemnify the Photographer for any failure to withhold any and all deductions from compensation under the provisions of any federal and provincial law.

4.     You agree that your remedy for any breach of this Agreement shall be limited to the right, if any, to recover money damages at law and you further agree that you will have no right by reason of any such breach to rescind this Agreement or to any equitable or injunctive relief.

5.     The Photographer shall have the right to assign or license this Agreement or any of its right or obligations under this Agreement to any other person. You shall execute all documents and take all action necessary or desirable to give full effect to the provisions of this Agreement.

        6.     You acknowledge that the Services set out in this Agreement are of a unique, extra-ordinary intellectual character which gives them special and particular value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law and that a breach of this Agreement by you will cause the Photographer irreparable damage and that the Photographer will be entitled to all forms of injunctive and equitable relief to fully enforce its rights under this Agreement.