1. Agreement to Terms
By accessing our website tundakestr.com or engaging our photography services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our website or use our services.
2. Photography Services
2.1 Service Description
Tundakestr Photography provides professional photography services including but not limited to:
- Wedding photography
- Portrait photography
- Landscape photography
- Event photography
- Photo editing and enhancement
- Digital image delivery
2.2 Booking and Contracts
All photography services are subject to a separate photography contract that will include specific details about:
- Event date, time, and location
- Service packages and deliverables
- Payment terms and schedule
- Cancellation and rescheduling policies
- Usage rights and restrictions
3. Booking and Payment Terms
3.1 Booking Process
To secure a photography session:
- A signed contract and deposit are required
- Deposit amounts vary by service type (typically 25-50% of total fee)
- Booking dates are held only upon receipt of signed contract and deposit
- Contracts must be signed by all parties with legal authority
3.2 Payment Schedule
- Deposits are due upon contract signing
- Final payment is due before or on the day of service
- Payment plans may be available upon request
- Late payments may incur additional fees
3.3 Accepted Payment Methods
We accept payment via:
- Credit and debit cards
- Bank transfers
- Cash (for final payments only)
- Certified cheques
4. Cancellation and Rescheduling
4.1 Client Cancellation
- More than 60 days before event: Full refund minus $200 administrative fee
- 30-60 days before event: 50% refund of total contract value
- Less than 30 days before event: No refund
- Weather-related cancellations: Full rescheduling at no additional cost
4.2 Photographer Cancellation
In the unlikely event we must cancel due to illness, emergency, or circumstances beyond our control:
- Full refund of all payments made
- Assistance in finding alternative photography coverage
- No liability for additional costs incurred
4.3 Rescheduling
- One free reschedule allowed if requested more than 30 days in advance
- Additional rescheduling may incur fees
- Subject to photographer availability
5. Image Rights and Usage
5.1 Copyright Ownership
All photographs created during your session remain the intellectual property of Tundakestr Photography. You receive a license to use the images for personal purposes.
5.2 Client Usage Rights
You may:
- Print images for personal use
- Share on social media with photographer credit
- Display in your home or office
- Create personal albums and gifts
5.3 Restrictions
You may not:
- Sell or license images to third parties
- Use images for commercial purposes without written consent
- Alter or manipulate images without permission
- Remove photographer watermarks or credits
5.4 Photographer Usage Rights
We reserve the right to:
- Use images for portfolio and marketing purposes
- Submit images to photography competitions
- Display images on our website and social media
- Use images in advertising and promotional materials
6. Image Delivery and Guarantees
6.1 Delivery Timeline
- Portrait/Engagement Sessions: 1-2 weeks
- Wedding Photography: 4-6 weeks
- Event Photography: 2-3 weeks
- Rush delivery: Available for additional fee
6.2 Image Quantity
Image quantities are estimates based on session length and package type. Final quantities may vary based on shooting conditions and event flow.
6.3 Backup and Storage
- Images are backed up on multiple systems
- Images retained for minimum 5 years
- Re-delivery available for technical issues at no charge
7. Liability and Limitations
7.1 Force Majeure
We are not liable for failure to perform due to circumstances beyond our control, including but not limited to:
- Severe weather conditions
- Natural disasters
- Illness or medical emergencies
- Transportation failures
- Venue restrictions or closures
7.2 Equipment Failure
While we maintain backup equipment, we are not liable for technical failures that may affect the quantity or quality of images delivered.
7.3 Limitation of Liability
Our total liability under any contract shall not exceed the total amount paid for photography services. We are not liable for indirect, consequential, or punitive damages.
8. Conduct and Cooperation
8.1 Client Responsibilities
- Provide accurate event details and timelines
- Ensure photographer access to all necessary areas
- Coordinate with other vendors for optimal workflow
- Inform photographer of special requests or restrictions
8.2 Venue and Vendor Cooperation
Clients are responsible for ensuring their venue and other vendors are aware of and accommodate photography needs.
8.3 Model Release
By hiring our services, you grant permission for us to photograph you and your guests and use these images as outlined in our usage rights.
9. Post-Processing and Editing
- All delivered images include professional editing
- Editing style is at the photographer's artistic discretion
- Minor retouching included in standard packages
- Extensive retouching available for additional fees
- We do not provide unedited RAW files
10. Website Terms
10.1 Website Usage
When using our website, you agree to:
- Provide accurate information in contact forms
- Not attempt to harm or disrupt our website
- Respect intellectual property rights
- Not use the website for any illegal purposes
10.2 Content Accuracy
While we strive for accuracy, we do not warrant that website content is always current, complete, or error-free.
11. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy for detailed information about how we collect, use, and protect your personal information.
12. Intellectual Property
All content on our website, including text, images, logos, and design elements, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.
13. Dispute Resolution
Any disputes arising from these terms or our services will be resolved through:
- Good faith negotiation
- Mediation if necessary
- Binding arbitration as a last resort
- Governing law: Newfoundland and Labrador, Canada
14. Severability
If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be posted on our website with an updated effective date. Continued use of our services constitutes acceptance of revised terms.
16. Contact Information
For questions about these Terms of Service, please contact us:
17. Acknowledgment
By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.