Terms of Service
AGREEMENT
The TERMS OF SERVICE is an agreement between the client, known as the USER, and photographer, Gemma Robillard (PHOTOGRAPHER).
PROOFS
PHOTOGRAPHER is not liable to deliver every image taken at EVENT or PORTRAIT SESSION. The determination of images delivered to the USER is left to the discretion of PHOTOGRAPHER. Marked samples of all final edited photos, in which PHOTOGRAPHER (Gemma Robillard) holds exclusive rights to. These cannot be saved to USER’s computer, used on social media or networking sites, or printed, and will contain PHOTOGRAPHER’s logo, watermark or a PROOF stamp. If USER has purchased a session with high resolution digital files included, instructions are provided on how to select and download the image files.
ARTISTIC LICENSE
USER understands that PHOTOGRAPHER is primarily a documentary-style photographer, therefore final images will reflect that approach. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. There will be an extra charge for special artwork or specific editing, including touch-ups on skin and reflections in eyeglasses.
DIGITAL PURCHASES
High-resolution digital copies of the final images. When purchased, PHOTOGRAPHER grants USER a non-exclusive, non-transferable perpetual personal-use license to download and copy the accompanying image(s) FOR PERSONAL USE ONLY. Personal use means non-commercial use of the Media. USER shall not submit Media to contests or reproduce for commercial use, or reproduce in any way by any other parties than the PHOTOGRAPHER. Due to the personal and custom nature of photography, there are no warranties and the Media is provided “as is.”
DIGITAL FILES AND PRINT RESPONSIBILITIES
The length of time a colour photograph retains its original colour quality depends on, among other things, the environment in which it is displayed or stored. Photographic dyes, like dyes used in other products, can change with time. To preserve the longevity of your professional photographs or custom photo albums store them in a cool dry environment away from direct sunlight and in an acid free archival album or mat. USER is aware that digital files may be corrupted due to inherent media deficiencies and random interference, making a copy of files for backup purposes is recommended. Proper digital file care guidelines will be provided with your instant digital file download through the online gallery.
EXHIBITION
Requests for photographic images to be used by PHOTOGRAPHER may be requested at a future time. USER grants PHOTOGRAPHER permission to display selected images resulting from this assignment as an example of PHOTOGRAPHER’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
If USER’s photo is requested to be used in any print or online publication, USER will discuss this with PHOTOGRAPHER. Gemma Robillard grants USER limited rights to uses images in marketing materials with specifications that photo by Gemma Robillard is listed on the image/article. If USER requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc. a 40% compensation rate of the total number of sales will apply unless otherwise agreed upon in writing.
SOCIAL MEDIA POLICY (FACEBOOK, INSTAGRAM, etc.)
USER is permitted to share final photos that have been purchased on social media platforms. Any photos shared that have been altered by “filters,” creative cropping, or screenshots do not reflect the high-quality professional photographs taken by PHOTOGRAPHER and will be a direct conflict of this contract and must be removed immediately. Additionally, it is understood that the USER will NOT remove, or have removed, any watermarks from Internet images that PHOTOGRAPHER has uploaded to the website or social media channels. Sharing cannot be done with the use of screen shots of photos from the PROOFING GALLERY. Any sharing done on social media should include credit to Gem Photography (or PHOTOGRAPHER Gemma Robillard) in the caption or a link to PHOTOGRAPHER’s website - HTTPS://GEMMAROBILLARD.CA - or social media handle (@gem_photo).
WHAT USER MAY DO:
Personal, Non-commercial use of Media includes:
- Display on personal websites and computers (eg. use in slideshows and web pages)
- Making image prints for personal use (eg. give to family and friends)
WHAT USER MAY NOT DO:
USER may not:
- Resell, relicense, sub-license, redistribute without express permission from the PHOTOGRAPHER
- Use Media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration
- Use the Media in Advertising
- Use the Media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner
- Incorporate the Media into trademarks, logos, or service marks
- Make the Media available for download
NOTICE OF COPYRIGHT
Prints and digital files are limited to the copyright ownership of Gem Photography and Creator/PHOTOGRAPHER, Gemma Robillard. USER will receive exclusive personal reprinting rights with the digital files to print their own images from a consumer photo lab.
It is ILLEGAL to copy, reproduce, or alter/edit your professional photographs elsewhere without PHOTOGRAPHER’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
USER is granted permission to share the images on social networking websites, with family and friends, and display images in any non-profit capacity.
MODEL RELEASE
The USER hereby grants PHOTOGRAPHER and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the USER or in which the USER may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The USER hereby releases PHOTOGRAPHER and its legal representatives and assigns from all claims and liability relation to said photographs.
Unless otherwise discussed and agreed upon in writing, the images created by PHOTOGRAPHER may be used by PHOTOGRAPHER for display, marketing purposes, publication, incorporated in video, related website and blog use (ie. feature sessions), contest entry, and any other purpose and in any manner or medium.
Images of a personal nature that are not wished to be shared can be brought to the attention of the PHOTOGRAPHER.
Contact at gemphoto@gemmarobillard.ca