Terms and Conditions for Photo/Video Services

Upon full payment, the Client is granted a perpetual, non-exclusive, worldwide license to use the final delivered images (still or video) for commercial and promotional purposes, including advertising. This license does not include the right to sell, transfer, or sublicense the images to any third party, or to use the images in a manner that is defamatory, illegal, or competes directly with D-ONE’s photography business. Copyright remains the sole property of D-ONE and its photographer(s) (the term photographer includes and is interchangeable with videographer for the purpose of this agreement).

The Client is solely responsible for obtaining all necessary model releases, property releases, trademark clearances, and other clearances for any commercial use of the images. D-ONE is not liable for any claims arising from the Client’s use of images where such releases were required but not obtained.

The Client agrees to indemnify and hold harmless D-ONE and its photographers from and against any and all claims, damages, liabilities, and expenses (including reasonable legal fees) arising from the Client’s use of the images, except where such claims result solely from the negligence or willful misconduct of D-ONE.

D-ONE reserves the right to engage subcontractors (including secondary photographers or assistants) as necessary to fulfill the contract. D-ONE is responsible for all costs and management of its subcontractors.

In the event of the assigned photographer’s illness, emergency, or other unforeseen circumstance, D-ONE will make every reasonable effort to provide a qualified substitute photographer of comparable skill and style to perform the services.

D-ONE’s total liability to the Client for any and all claims arising from this agreement, whether in contract, tort, or otherwise, shall be limited to and not exceed the total amount paid by the Client under this contract. In no event shall D-ONE be liable for any indirect, special, or consequential damages. This limitation is the Client’s sole and exclusive remedy.

D-ONE shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control (a “Force Majeure Event”), including but not limited to acts of God, war, civil unrest, strikes, pandemics, natural disasters, or failure of public infrastructure. In such an event, D-ONE’s obligations will be suspended, and reasonable efforts will be made to resume performance.

1. D-ONE may, in good faith, provide previews or watermarked links to images during the service process. All images remain the exclusive intellectual property of D-ONE until full payment is received.
2. Unpaid invoices shall incur a late fee of 2% per month (24% per annum), or the maximum rate allowed by Ontario law, whichever is lower. The Client agrees that non-payment constitutes a material breach and that D-ONE may pursue all legal remedies, including copyright infringement claims, for unauthorized use.

The Client shall review and verify all images upon delivery and inform D-ONE of any missing images. As a complementary service to the Client, D-ONE stores the delivered finished (finished or raw) images in its short-term archive system for quick retrieval for up to 6 months unless otherwise stated. No warranty or guarantee of any kind, including the availability of images, is provided for images stored and archived by D-ONE.  Furthermore, at its sole discretion, D-ONE may store all or part of the images in its long-term archive system for reference purposes. If the Client requires retrieval from D-ONE’s long-term archive and such images are available, a service fee may be applicable and will be charged to the Client at the time of retrieval.