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Terms and Conditions

Last updated October 25, 2024

 

AGREEMENT TO OUR LEGAL TERMS

We operate the website http://www.hanzs4.com, as well as any other related products and services that refer or link to these legal terms. We specialize in delivering high-quality visual content, whether you're looking for wedding photography or videography, or to capture any of your special events. You can contact us by phone at 4168015402 or by email at hanzs4creations@gmail.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Hanzs4 Creations, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN you ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND you MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by hanzs4creations@gmail.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

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We recommend that you print a copy of these Legal Terms for your records.

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TABLE OF CONTENTS

  1. TERMS AND CONDITIONS

  2. DISCLAIMER

  3. INDEMNIFICATION CLAUSE

  4. CANCELLATION POLICY

  5. WEATHER POLICY

  6. LICENSE POLICY

  7. PAYMENT POLICY

  8. GOVERNING LAW

  9. CONTACT US

 

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1.) Terms and Conditions

i. Agreement Duration

This Agreement shall commence on the date it is signed by both the Client and Hanzs4Creations and shall remain in effect until the completion of the photography or videography services as outlined in the agreed Scope of Work, unless terminated earlier by the terms below.

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ii. Booking and Confirmation

A session is considered officially booked once the Client has signed this Agreement and paid the required non-refundable deposit. The date and time of the session will be reserved exclusively for the Client.​

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iii. Service Period

The services provided under this Agreement will be delivered on the scheduled session date(s), with final deliverables (e.g., edited images and videos) provided within the timeframe specified in the service package, typically within [e.g., 2–4 weeks] from the session date.

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iv. Extensions and Delays

If additional time is required due to unforeseen circumstances (e.g., weather, illness, technical issues), both parties agree to communicate promptly and in good faith to reschedule or extend the service period as needed.

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v. Termination

This Agreement may be terminated by either party under the following conditions:

  • By the Client: With written notice, subject to the terms outlined in the Cancellation Policy.

  • By Hanzs4Creations: In the event of non-payment, breach of contract, or circumstances beyond control (e.g., emergencies), with reasonable notice and refund of any unused portion of fees.

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vi. Survival of Terms

Clauses related to copyright, licensing, indemnification, and limitation of liability shall survive the termination or expiration of this Agreement.

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2.) Disclaimer

i. Copyright and Ownership

All photographs or videos taken by Hanzs4Creations are the intellectual property of the Photographer or Videographer and are protected under the Copyright Act of Canada. Unless otherwise agreed in writing, Hanzs4Creations retains full copyright and ownership of all images.

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ii. Client Usage Rights

Clients are granted a limited, non-exclusive license to use the final images or videos for personal use only (e.g., printing, sharing on social media). Commercial use, resale, or distribution of images without prior written consent is strictly prohibited.

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iii. Model Release

By participating in a photography or videography session with Hanzs4Creations, the Client grants permission for their likeness to be used in promotional materials, including but not limited to the Photographer’s website, social media, and portfolio, unless otherwise stated in writing before the session.

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iv. Privacy and Data Protection

Hanzs4Creations complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and Ontario privacy laws. Personal information collected will be used solely to provide photography or videography services and will not be shared without consent.

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v. Limitation of Liability

While every effort is made to deliver high-quality images and videos, Hanzs4Creations shall not be held liable for circumstances beyond its control, including but not limited to equipment failure, weather conditions, or unforeseen events. Liability is limited to the amount paid for the services.

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vi. Image Storage and Delivery

Final images or videos will be delivered digitally within the agreed timeframe. Clients are responsible for downloading and backing up their images. Hanzs4Creations is not obligated to retain copies beyond 30 days from delivery.

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vii. Editing and Alterations

Clients may not alter or apply filters to the final images or videos in a way that misrepresents the Photographer's or Videographer's work. Requests for additional edits may be subject to additional fees.

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3.) Indemnification Clause

i. Client Indemnification

The Client agrees to indemnify, defend, and hold harmless Hanzs4Creations, its owners, employees, agents, and subcontractors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • The Client’s breach of this Agreement;

  • Any claims by third parties resulting from the Client’s use or distribution of the photographs or videos;

  • Any personal injury, property damage, or other harm caused during the photography session due to the Client’s actions, negligence, or failure to follow instructions.

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ii. Photographer and Videographer Indemnification

Hanzs4Creations agrees to indemnify and hold harmless the Client from any claims, damages, or liabilities arising from:

  • The Photographer’s gross negligence or willful misconduct;

  • Infringement of third-party intellectual property rights by the Photographer's or Videographer's work.

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​iii. Notification of Claims

The indemnified party shall promptly notify the indemnifying party in writing of any claim or legal action for which indemnification is sought. Failure to provide timely notice shall not relieve the indemnifying party of its obligations, except where such failure materially prejudices the defense.

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iv. Defense and Settlement

​The indemnifying party shall have the right to assume the defense of any claim, with legal counsel reasonably acceptable to the indemnified party. No settlement shall be made without the prior written consent of the indemnified party, which shall not be unreasonably withheld.

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v. Limitation

This indemnification does not apply to any claims resulting from the indemnified party’s own gross negligence or intentional misconduct.

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4.) Cancellation Policy

I. Client Cancellations

  • More than 30 days before the session/event: The Client may cancel with no additional charges. The non-refundable deposit will be retained by Hanzs4Creations.

  • 15–30 days before the session/event: The Client forfeits the deposit and may be charged up to 50% of the remaining balance.

  • Less than 15 days before the session/event: The Client is responsible for 100% of the agreed service fee, unless the session is successfully rebooked by another client.

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ii. Rescheduling

  • Clients may request to reschedule with at least 14 days’ notice.

  • Rescheduling is subject to availability and must occur within 6 months of the original session date.

  • One reschedule is permitted without penalty. Additional rescheduling may incur a fee.

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iii. Cancellation by Hanzs4Creations

In the rare event that Hanzs4Creations must cancel due to illness, emergency, or circumstances beyond control:

  • The Client will be notified as soon as possible.

  • Every effort will be made to find a qualified replacement photographer or videographer.

  • If no replacement is available, the Client will receive a full refund, including the deposit.

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iv. Force Majeure

Neither party shall be held liable for cancellations due to events beyond their control, including but not limited to natural disasters, government restrictions, or public health emergencies. In such cases:

  • The session will be rescheduled at no additional cost, or

  • The Client may receive a credit or refund, minus any non-recoverable costs.

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v. Refunds

Refunds, if applicable, will be processed within 14 business days of cancellation confirmation. Refunds exclude non-refundable deposits and any services already rendered.

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5.) Weather Policy

i. Outdoor Sessions and Weather Conditions

Hanzs4Creations specializes in both indoor and outdoor photography or videography. For outdoor sessions, weather conditions are a key factor in ensuring quality and safety. The Photographer and Videographer reserves the right to determine if weather conditions are unsuitable, including but not limited to:

  • Heavy rain or snowfall

  • High winds

  • Thunderstorms or lightning

  • Extreme temperatures (hot or cold)

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ii. Rescheduling Due to Weather

If weather conditions are deemed unsuitable:

  • The session will be rescheduled at no additional cost to the Client.

  • Hanzs4Creations will work with the Client to find a mutually agreeable new date within 30 days of the original session.

  • If rescheduling is not possible within that timeframe, the Client may receive a credit toward a future session

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iii. Client-Initiated Weather Concerns

If the Client is concerned about the weather:

  • They must notify Hanzs4Creations at least 4 hours before the session.

  • The Photographer or Videographer will assess the conditions and determine whether rescheduling is necessary.

  • If the Photographer or Videographer deems the weather acceptable and the Client still chooses to cancel, the session may be treated as a Client cancellation under the Cancellation Policy.

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iv. Indoor Alternatives

Clients are encouraged to consider indoor backup locations, especially during Ontario’s unpredictable seasons (e.g., spring and winter). Hanzs4Creations can assist in recommending suitable indoor venues if needed.

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v. Force Majeure

In the event of extreme weather or natural disasters that make travel, photography, or videography unsafe, both parties agree to reschedule the session without penalty.

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6.) License Policy

i. Copyright Ownership

All photographs or videos taken by Hanzs4Creations are the exclusive property of the Photographer or Videographer and are protected under the Copyright Act of Canada. Unless otherwise agreed in writing, Hanzs4Creations retains full copyright and ownership of all images.

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ii. Grant of License

Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the final images for the purposes outlined in the service agreement. This license includes:

  • Personal use: printing, sharing on social media, and displaying in private spaces.

  • Limited promotional use (if applicable): such as personal blogs or announcements, with proper credit.

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iii. Commercial Use

If the Client intends to use the images or videos for commercial purposes (e.g., advertising, product packaging, business websites), a separate Commercial Use License must be negotiated. This license will specify:

  • Scope of use (e.g., online, print, broadcast)

  • Duration and geographic territory

  • Licensing fees and renewal terms

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iv. Restrictions

The Client may not:

  • Sell, sublicense, or distribute the images or videos to third parties

  • Alter or edit the images or videos in a way that misrepresents the Photographer’s work

  • Use the images or videos for unlawful, defamatory, or misleading purposes

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v. Attribution

When images or videos are shared publicly (e.g., on social media or websites), the Client agrees to credit the Photographer as follows:

Photo by Hanzs4Creations

Attribution may be waived in writing by the Photographer or Videographer.

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vi. Revocation of License

Hanzs4Creations reserves the right to revoke the license if the Client breaches any terms of this policy or the service agreement. Upon revocation, the Client must cease all use of the images and videos.

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7.) Payment Policy

i. Booking and Deposit

To secure a session date, the Client must pay a non-refundable deposit of [e.g., 25%] of the total service fee. This deposit confirms the booking and is applied toward the final balance.

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ii. Payment Schedule

  • The remaining balance is due no later than [e.g., 7 days] before the scheduled session or event.

  • For larger projects (e.g., weddings or commercial shoots), a payment plan may be arranged in writing, outlining installment amounts and due dates.

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iii. Accepted Payment Methods

Hanzs4Creations accepts the following payment methods:

  • E-transfer (preferred)

  • Credit/debit card

  • PayPal

  • Cash (only by prior arrangement)

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iv. Late Payments

  • A late fee of [e.g., 2%] per week may be applied to overdue balances.

  • If payment is not received by the due date, Hanzs4Creations reserves the right to cancel the session or withhold delivery of images until full payment is received.

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v. Refunds

  • Deposits are non-refundable under all circumstances.

  • Refunds for other payments will be considered only in accordance with the Cancellation Policy and at the discretion of Hanzs4Creations.

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vi. Taxes

All prices are subject to applicable federal and provincial taxes (e.g., HST in Ontario), which will be clearly itemized on invoices.

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8.) Governing Law

All agreements shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

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9.) Contact US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Website: www.hanzs4.com

Phone: 4168015402

Email: hanzs4creations@gmaiI.com

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