Terms, Conditions, Copyright & Usage

1. Booking & Payment

  • A non-refundable retainer is required at the time of booking or estimate approval to secure your session, package, event, course, workshop, or custom program. The retainer amount is typically 50% unless otherwise stated in writing.

  • For online bookings, full payment may be due at the time of booking.

  • For in-person or invoiced sessions, the balance is due by the session or event date unless otherwise specified in your contract, estimate, or subscription agreement.

  • Subscription clients are billed monthly or annually through an automated payment system and are subject to the terms outlined in their specific plan.

2. Cancellations & Rescheduling

  • Standard Bookings: Standard bookings include portrait sessions, business portrait sessions, and other single-session bookings of up to 2 hours that do not involve significant pre-production, multiple locations, or a separate custom agreement. The retainer for standard bookings is non-refundable. If the client cancels more than 72 hours before the scheduled booking, any amount paid beyond the retainer will be refunded. If the client cancels less than 72 hours before the scheduled booking, 50% of the total booking fee remains owing. If the client cancels within 24 hours of the scheduled booking, or fails to attend, the full booking fee remains owing. Any amounts already paid will be applied to that amount.

  • Extended and Custom Bookings: Weddings, workshops, courses, custom programs, and any booking scheduled for more than 2 hours, including half-day, full-day, or multi-day coverage, require a minimum of 30 days’ notice for cancellation unless otherwise stated in a custom agreement. The retainer is non-refundable. If cancellation occurs more than 30 days before the scheduled booking, any amount paid beyond the retainer may be refunded, less any approved costs already incurred. If cancellation occurs within 30 days of the scheduled booking, all payments made are non-refundable, and any approved third-party or preparation costs remain payable.

  • Rescheduling due to illness, emergencies, or severe weather will be accommodated where possible without penalty.

3. Turnaround Time

  • Portrait & Business Sessions: 5 to 10 business days

  • Events & Weddings: 4 to 6 weeks

  • Commercial Projects: As per project agreement

  • Rush Delivery: Rush delivery may be available upon request and is subject to scheduling availability. Unless otherwise stated in writing, rush delivery is billed at $200 per order for standard portrait and business sessions. Large event, wedding, commercial, or multi-gallery rush requests may be quoted separately based on scope, volume, and turnaround requirements.

  • Additional processing time may be required by Mark Kelly Photography. This additional time does not constitute a breach of these terms & conditions.

4. Archiving & Image Storage

  • Final images are hosted in the client gallery for 90 days from delivery, unless otherwise stated in writing. Clients are solely responsible for downloading and backing up their images within the 90-day gallery access period.

  • Once the gallery access period has expired, the gallery may be removed without notice.

  • Where files are still available, an expired gallery may be reactivated at the sole discretion of Mark Kelly Photography and is subject to a reactivation fee of $125 per gallery.

  • Reactivation or file recovery is not guaranteed and is subject to file availability.

  • Any reminder emails sent before gallery expiry are a courtesy only. Failure to receive a reminder does not extend the gallery access period.

  • Mark Kelly Photography is not responsible for loss, deletion, corruption, or unavailability of files after the gallery access period has ended.

5. Copyright, Ownership & Usage

  • Mark Kelly Photography retains full copyright and moral rights to all images, video, and related deliverables created, unless otherwise stated in a written agreement signed by the photographer.

  • Downloading, purchasing, receiving, printing, or using photographs does not transfer copyright ownership. Clients receive limited usage rights only, as expressly granted in their invoice, contract, licensing agreement, gallery notice, or other written permission.

  • Core Usage Rule: Images may only be used by the client who received, commissioned, or purchased them, and only within the agreed scope. No third-party use is permitted without prior written consent from Mark Kelly Photography.

  • Personal Sessions: delivered images are licensed for personal, non-commercial use only, including personal printing, personal display, sharing with friends and family, and personal social media use.

  • Business, Commercial, Editorial, and Non-Profit Organizational Use: use is limited to the specific client and the specific uses outlined in the applicable estimate, invoice, agreement, gallery, license, or written permission.

  • Use in newspapers, magazines, blogs, websites, reports, books, media releases, articles, or other publications requires prior written permission unless that use has already been included in the client’s written agreement or license.

  • No client may assign, transfer, sublicense, share, authorize, or permit any third party to use the images or video without the prior written consent of Mark Kelly Photography. This includes, but is not limited to, vendors, sponsors, employers, partner organizations, media outlets, advertising agencies, designers, contractors, affiliates, and other businesses, brands, or organizations.

  • No image or video may be altered, edited, filtered, AI-modified, manipulated, sold, redistributed, or otherwise used outside the licensed scope without prior written consent of Mark Kelly Photography. Basic resizing for normal display, web use, or social media formatting is permitted, provided the image is not distorted, misrepresented, or materially changed.

  • Individual clients may print photographs for personal display, gifts to friends and family, and private use. Commercial clients may print photographs only for approved business use within the scope of their agreement or license. Prints may not be resold, commercially distributed, or used for third-party promotion without written consent.

  • Photographs may not be used for AI training, machine learning datasets, generative AI systems, facial recognition databases, scraping, biometric analysis, or similar technologies without prior written consent.

  • Photo credit is appreciated for personal social media use. For editorial, publication, media, or commercial use, credit is required unless otherwise agreed in writing. Where social media use is included in a commercial client’s license, photo credit should be provided by tagging or linking to Mark Kelly Photography.

  • All images and videos are protected under international copyright laws, including but not limited to the Berne Convention for the Protection of Literary and Artistic Works and the Copyright Act of Canada. The copyright owner retains all rights, including reproduction, distribution, display, and modification.

  • Any unauthorized use constitutes a breach of these terms and may result in additional licensing fees, removal requests, revocation of usage rights, legal action, or other remedies available under Canadian copyright law and applicable Yukon law.

6. Model Release

  • Unless otherwise stated in writing, clients grant permission for images to be used in Mark Kelly Photography’s portfolio, website, social media, promotional materials, and exhibitions.

7. Creative Control & Editing

  • You are hiring Mark Kelly Photography for their unique style and creative vision. Image selection, editing, and retouching are at the sole discretion of the photographer.

  • Only final edited images are delivered. RAW files are not provided.

8. Client Responsibilities

  • Clients are expected to arrive on time and prepared for their session. Please visit Prepping for Your Portrait Session for more information.

  • Any necessary permits or permissions for location access are the client’s responsibility unless otherwise agreed.

  • For events or commercial shoots, a detailed timeline and shot list must be provided at least 2 days in advance.

9. Subscriptions & Packages

  • Packages and subscriptions include a defined number of annual sessions and deliverables.

  • Subscriptions renew automatically unless canceled in writing 30 days before the next billing cycle.

  • Roll-over sessions (if allowed) are subject to terms outlined in your specific plan and must be used within the allowed timeframe.

10. Custom Agreements

  • Weddings, commercial projects, subscription plans, and other custom assignments may be governed by an estimate, invoice, contract, service agreement, gallery notice, license, or other written agreement that includes additional or more specific terms not outlined here.

11. Liability

  • While every effort is made to ensure quality and satisfaction, liability in the case of unforeseen events such as equipment failure or illness is limited to rescheduling, future credit, or another remedy at the sole discretion of Mark Kelly Photography.

  • Mark Kelly Photography is not liable for issues arising from client delays, weather conditions, or venue restrictions.

  • Mark Kelly Photography is not liable for damages, losses, claims, or disputes arising from the unauthorized use, misuse, alteration, or third-party distribution of the photographs.

12. Force Majeure

  • Mark Kelly Photography shall not be liable for delay, rescheduling, reduced coverage, or non-performance caused by events beyond its reasonable control, including but not limited to severe weather, wildfire, natural disaster, road closure, evacuation, venue closure, government order or restriction, public health emergency, war, terrorism, civil disturbance, labour disruption, power outage, internet or communications failure, or any other similar event that makes performance unsafe, illegal, impossible, or impracticable.

  • Where a force majeure event occurs, Mark Kelly Photography will make reasonable efforts to notify the client as soon as reasonably possible and, where feasible, reschedule the session, event, or delivery within a reasonable time.

  • If rescheduling is not possible, Mark Kelly Photography’s liability shall be limited to a future credit or, at the photographer’s sole discretion, a refund of any amounts paid for services not yet performed, less any non-refundable retainer and any costs already incurred.

  • Force majeure does not include inconvenience, scheduling conflicts, lack of funds, or other circumstances within the reasonable control of either party.

13. Governing Law

  • These terms are governed by and interpreted in accordance with the laws of Yukon and the laws of Canada applicable therein. Any disputes will be resolved in accordance with those laws.

14. Updates, Specific Agreements & Order of Precedence

  • If a separate estimate, invoice, contract, license, gallery notice, or written agreement provides more specific terms, those specific terms apply in addition to these general terms. If there is a conflict, the more specific written agreement governs.

  • These terms may be updated from time to time. The current version published by Mark Kelly Photography applies going forward and supersedes previous versions for future bookings, downloads, access, licensing, and image use, unless a separate written agreement provides otherwise.

15. Agreement to Terms

  • By booking a session, package, or subscription with Mark Kelly Photography, or by downloading, accessing, printing, sharing, or using photographs provided by Mark Kelly Photography, you acknowledge that you have read, understood, and agreed to these terms.

16. Contact for Licensing & Permissions

  • For questions about commercial use, editorial use, publication, licensing, third-party permissions, or extended usage, please contact Mark Kelly Photography via the contact page on markkellyphoto.com.