PHOTOGRAPHY SERVICES AGREEMENT

The Photographer and Client are together referred to as the “Parties.”

1. SCOPE OF WORK

1.1 The Photographer agrees to provide professional photography services for the Party on the Event/Session Date at the Location(s) stated above.

1.2 The specific package, session duration, and number of deliverables are set out in the accepted quote or invoice issued by TMNovaMedia (the “Package”), which is incorporated into this Agreement. For Model and Collaborator engagements, the agreed terms of the collaboration replace or supplement the standard package.

1.3 The Package description (including duration, number of edited images, level of retouching, and any additional services or products) forms part of this Agreement by reference.

1.4 Any verbal or informal arrangements are not binding unless confirmed in writing and attached or referred to in this Agreement.

2. FEES, RETAINER, AND PAYMENT — PAYING CLIENTS

**This section applies only where the Party has engaged TM Nova Media on a paid basis.

2.1 The total fee for the services (the “Fee”) is as stated in the corresponding invoice or quote issued by TMNovaMedia.

2.2 Unless otherwise stated in writing, a non-refundable retainer of 60% of the Fee is due upon signing this Agreement to secure the date and time.

2.3 The remaining 40% of the Fee is due upon delivery of the final images, before download or release of high-resolution files.

2.4 No images (final or unedited) will be released until all outstanding balances are paid in full.

2.5 Additional requests outside the Package (for example, extra retouching, extra images, special editing, or rush delivery) will incur additional charges, to be quoted and agreed in writing before work begins.

2.6 All payments shall be made via the payment methods specified on the invoice.

3. MODEL ENGAGEMENTS (FREE & COLLABORATION SHOOTS)

**This section applies where the Party is participating as a model in a free, trade, or collaboration shoot.

3.1 For model shoots offered at no charge, no monetary fee is payable by either Party, except where add-ons or upgrades are expressly agreed and invoiced.

3.2 Image selection and post-production decisions — including which images are edited, delivered, or published — are at the sole discretion of TMNovaMedia. The model acknowledges that not all images taken will be delivered or published.

3.3 The model is granted a personal, non-transferable, non-exclusive licence to use delivered images for personal social media, portfolio, and self-promotion purposes, subject to the credit and usage requirements in Section 8.

3.4 If the model wishes to use any delivered image for commercial purposes (including but not limited to paid brand partnerships, sponsored content, stock licensing, or advertising), the model must: (a) notify TMNovaMedia in writing prior to such use; and (b) obtain a separate written Commercial Use Licence from TMNovaMedia, which may attract a licensing fee to be agreed at that time.

3.5 TMNovaMedia reserves the right to publish images from model sessions across all platforms for portfolio and promotional purposes without further consent, in accordance with Section 9.

3.6 Where the model has a specific branding or privacy concern, those restrictions must be communicated in writing before the session and will be addressed in a written addendum to this Agreement.

3.7 The model confirms they are 18 years of age or older (or, if a minor, that a parent or guardian is signing this Agreement on their behalf).

4. VENDOR & COLLABORATOR ENGAGEMENTS

This section applies to makeup artists, stylists, creative directors, studio owners, brands, event organizers, and other collaborating parties who contribute to a session but are not the primary paying client.

4.1 Each Party’s contributions (services, products, space, equipment, talent referrals, etc.) shall be agreed and documented in writing prior to the session — either in this Agreement, a separate collaboration brief, or a written exchange confirmed by both Parties.

4.2 Unless a paid licensing arrangement is separately agreed, TMNovaMedia grants collaborators a non-exclusive, non-transferable licence to use their own session images for portfolio, website, and organic social media purposes, subject to the credit requirements in Section 8.

4.3 Collaborator Commercial Use: Any use of images by a collaborating party for paid advertising, sponsored posts, product promotion, stock licensing, editorial publication, or any monetised purpose requires prior written notification to TMNovaMedia and a separate written Commercial Use Agreement. TMNovaMedia reserves the right to negotiate a licensing fee for such use.

4.4 TMNovaMedia retains final creative and editorial control over the shoot. Collaborative input is welcomed and respected; however, the Photographer’s artistic decisions are final.

4.5 Neither Party shall represent the collaboration as an endorsement or exclusive partnership without prior written consent from the other Party.

4.6 Collaborators are responsible for providing their own insurance, equipment, and professional indemnity cover for their contribution. TMNovaMedia is not liable for loss, damage, or injury relating to a collaborator’s equipment, personnel, or services.

5. SESSION DURATION AND OVERTIME

5.1 Each session includes up to the agreed duration stated in the Package or collaboration brief.

5.2 Time begins once lighting and equipment setup is complete and shooting starts.

5.3 Any time beyond the included duration will be billed as overtime at the Photographer’s then-current hourly rate, which will be communicated in advance where possible.

5.4 Overtime fees are due before delivery of images and may delay delivery timelines if not paid promptly.

6. LOCATION AND TRAVEL

6.1 Package rates apply to sessions within TMNovaMedia’s standard coverage areas (for example, Pickering, Ajax, Whitby) unless otherwise agreed.

6.2 Sessions outside these areas may attract travel surcharges (for example, mileage fees, parking, tolls), which will be clearly communicated and agreed upon prior to booking.

6.3 If permits, venue fees, or special access charges are required at a location, the Party is responsible for arranging and paying these costs, unless otherwise agreed in writing.

7. BOOKING, RESCHEDULING, AND CANCELLATION

7.1 Bookings must be made at least 5 hours before the scheduled shoot time, unless otherwise agreed in writing.

7.2 Cancellations must be made at least 4 hours before the scheduled shoot time by direct phone call or a confirmed written message to the Photographer.

7.3 Cancellations made with less than 4 hours’ notice, or failure to appear, may result in additional charges and forfeiture of any retainer paid, to cover the Photographer’s preparation and time.

7.4 If a paying client cancels after booking, TMNovaMedia may deduct up to 30% of the shoot fee (or retain the retainer, if higher) as liquidated damages for time reserved and lost opportunities.

7.5 For model and collaborator bookings, a no-show or last-minute cancellation (less than 4 hours’ notice) may result in the Party being placed on a postponed list and TM Nova Media reserving the right to decline future collaboration requests.

7.6 The Photographer reserves the right to reschedule or cancel a session due to illness, emergency, unsafe conditions, or other circumstances beyond the Photographer’s control. In such cases, the Party will be notified as soon as reasonably possible and any payments made for services not yet rendered will be refunded or applied to a rescheduled date, at the Photographer’s discretion.

8. IMAGE SELECTION, EDITING, AND DELIVERY

8.1 The Photographer will deliver the number and type of edited images stated in the Package or collaboration brief within approximately 48–96 hours after the shoot, unless otherwise stated.

8.2 Where the Package allows Party selection, the Party must provide their image selections within 48 hours of receiving the selection link.

8.3 If the Party does not make selections within that time, the Photographer may make selections at their discretion after prior notice to the Party, and delivery times may vary depending on workload.

8.4 For free, model, or heavily discounted sessions, TMNovaMedia determines the quality, quantity, and content of delivered images at its sole discretion.

8.5 The Photographer’s editing style is part of the artistic identity of TMNovaMedia. Editing decisions are at the Photographer’s professional discretion and may not be altered except through additional paid edits where available.

8.6 The Photographer is not obligated to deliver every image taken during the session and will cull and edit images to present the best work in line with the brand’s style.

9. COPYRIGHT AND USAGE RIGHTS

9.1 Under Canadian copyright law, the Photographer automatically owns the copyright in all images created during the session, even when commissioned, unless explicitly assigned in writing.

9.2 TMNovaMedia retains full copyright ownership of all images from the session.

9.3 Paying Clients are granted a non-transferable, non-exclusive licence for personal use and personal social media sharing only, unless otherwise agreed in writing.

9.4 Models and Collaborators are granted a non-transferable, non-exclusive licence for portfolio, personal social media, and organic promotional use, subject to the credit requirements in Section 10 and the commercial use restrictions in Sections 3.4 and 4.3.

9.5 Any commercial, promotional, editorial, advertising, or monetised use by any Party requires a separate written licensing agreement and may attract additional fees.

9.6 No Party may sell, license, or distribute the images to any third party without the Photographer’s prior written consent.

9.7 The Party agrees not to alter the images with heavy filters, AI manipulation, or edits that misrepresent the Photographer’s work, especially when posting publicly, unless permission is granted.

10. CREDIT, ATTRIBUTION & NOTIFICATION REQUIREMENTS

10.1 All Parties (Clients, Models, and Collaborators) must credit TMNovaMedia when sharing session images on any public platform. The required credit is: @tmnovamedia (or the then-current handle published by TMNovaMedia).

10.2 Where images are shared in print, publication, or broadcast, credit must appear as: Photography by TMNovaMedia.

10.3 Notification Requirement — Commercial Use: Any Party intending to use session images for a paid campaign, brand partnership, sponsored content, publication, or any commercial purpose must notify TMNovaMedia in writing at least 5 business days before such use, regardless of whether a licensing fee applies.

10.4 TMNovaMedia must be notified in advance of any editorial submission or licensing enquiry involving session images.

10.5 Failure to provide proper credit or advance notification may, at TM Nova Media’s discretion, result in suspension of the Party’s usage licence for session images.

11. TMNOVAMEDIA PROMOTIONAL USE

11.1 TMNovaMedia reserves the right to use selected images from any session (Client, Model, or Collaborator) for promotional purposes, including social media platforms, website portfolio, online galleries, printed marketing materials, and advertisements.

11.2 For events and discounted or collaboration sessions, the Party acknowledges and agrees that the Photographer may capture and publicly share images from the session for portfolio and marketing purposes, provided that such use is not misleading, defamatory, or offensive.

11.3 Where individuals are prominently featured and images will be used in paid advertising campaigns or sold as stock, the Photographer will request additional model releases as appropriate.

11.4 If the Party has specific restrictions on where or how images may be used, those restrictions must be communicated in writing before the session.

12. IMAGE STYLE, RAW FILES, AND ARCHIVING

12.1 The Party acknowledges that they have reviewed the Photographer’s portfolio and is engaging TMNovaMedia based on that artistic style.

12.2 Raw or unedited files are not provided unless expressly included in the Package or purchased separately under a specific written agreement.

12.3 The Photographer will keep backups of final edited images for a reasonable period, but long-term archiving is not guaranteed; the Party is responsible for safely storing delivered files.

12.4 Re-delivery or retrieval of archived files, if available, may incur an administrative fee.

13. PARTY COOPERATION AND RESPONSIBILITIES

13.1 The Party will ensure that the Photographer has reasonable access to the venue, subjects, and schedule information necessary to perform the services.

13.2 The Party is responsible for obtaining any required permissions from venues, churches, event organizers, or property owners to allow photography.

13.3 The Photographer is not responsible for missed shots caused by interference from guests, restrictions imposed by the venue, lateness of the Party or participants, or other circumstances beyond the Photographer’s control.

13.4 The Party is responsible for communicating key moments, must-have shots, or special people to photograph in advance; best efforts will be made but such moments cannot be guaranteed.

14. LIABILITY, LIMITATIONS, AND FORCE MAJEURE

14.1 The Photographer will take all reasonable steps to perform the services in a professional manner using suitable equipment and backup processes.

14.2 In the unlikely event of total photographic failure, equipment malfunction, accidental loss of images, or other circumstances where no usable images are produced, the Photographer’s liability is limited to the return of all amounts paid under this Agreement, and no further damages or claims may be made.

14.3 The Photographer is not liable for indirect, consequential, or special damages, including but not limited to lost income, travel costs, emotional distress, or claims by third parties.

14.4 Neither Party shall be liable for delay or failure to perform due to events beyond their reasonable control, including but not limited to natural disasters, severe weather, strikes, government restrictions, pandemics, illness, or venue closures.

14.5 If a Force Majeure event prevents the session from proceeding, the Parties will make reasonable efforts to reschedule. If rescheduling is not possible, amounts paid (excluding non-recoverable expenses) may be refunded or credited, at the Photographer’s discretion.

15. PRIVACY AND SENSITIVE CONTENT

15.1 The Photographer will not intentionally capture or publish images that are unduly invasive in situations where there is a reasonable expectation of privacy.

15.2 If the Party has specific privacy or publicity concerns, the Party must inform the Photographer in writing before the session so appropriate limitations can be discussed and included in this Agreement.

15.3 The Party is responsible for notifying guests or participants, where appropriate, that photography will take place.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

16.2 The Parties will first attempt in good faith to resolve any dispute through discussion or mediation before resorting to legal action.

16.3 If a dispute proceeds to court, the Parties agree to submit to the exclusive jurisdiction of the courts of Ontario.

17. ENTIRE AGREEMENT AND AMENDMENTS

17.1 This Agreement, together with the accepted invoice, quote, or collaboration brief issued by TMNovaMedia, constitutes the entire agreement between the Parties regarding the photography services and supersedes all prior discussions or understandings, whether written or oral.

17.2 Any changes or additions to this Agreement must be made in writing and signed by both Parties to be valid.

18. ACCEPTANCE AND SIGNATURES

By signing below, the Party confirms that they have read, understood, and agree to all terms and conditions of this Photography Services Agreement and any associated invoice, quote, or collaboration brief.