Terms and Conditions
1. Booking & Payment
A non-refundable retainer (typically 25–50%) is required at the time of booking to secure your session, event, or package.
For online bookings, full payment is 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 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
Cancellations at any time are subject to a $50 fee to offset non-refundable processing costs.
Cancellations within 72 hours of the session or event will be charged 50% of the total fee.
Cancellations within 24 hours, or failure to show up, will be charged the full session or event fee.
Rescheduling due to illness, emergencies, or severe weather will be accommodated where possible without penalty.
For weddings and large events, a minimum 30-day cancellation notice is required for any partial refund eligibility (excluding retainers).
3. Subscriptions & Packages
Packages and subscriptions include a defined number of annual sessions and deliverables.
Roll-over sessions (if allowed) are subject to terms outlined in your specific plan and must be used within the allowed timeframe.
Subscriptions renew automatically unless canceled in writing 30 days before the next billing cycle.
4. 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 $125 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.
5. Copyright & 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.
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.
Clients receive only the usage rights expressly granted to them in their invoice, contract, or licensing agreement. These rights may include:
Personal Sessions: delivered images are licensed for personal, non-commercial use only, including personal printing and online sharing.
Business, Commercial, Editorial and Non-Profit Organizational Use: usage is limited to the specific client and the specific uses outlined in the applicable invoice, contract, or licensing agreement.
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. Any third-party use, including use by sponsors, partners, vendors, designers, agencies, publishers, media outlets, affiliated organizations, or other outside parties, requires separate written permission and may be subject to an additional licensing fee.
No image or video may be altered, edited, filtered, manipulated, sold, redistributed, or otherwise used outside the licensed scope without prior written consent of Mark Kelly Photography.
Any unauthorized use constitutes a breach of these terms and may result in additional licensing fees, revocation of usage rights, and legal action where applicable.
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. 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 reinstated at the sole discretion of Mark Kelly Photography and is subject to a reactivation fee of $125 per gallery.
Reinstatement 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.
8. Creative Control & Editing
You are hiring Mark Kelly Photography for their unique style and creative vision, as such, image selection, editing, and retouching are at the sole discretion of the photographer.
Only final edited images are delivered. RAW files are not provided.
9. 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.
10. 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.
11. 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.
12. Custom Agreements
Weddings, commercial projects, and subscription plans are governed by a custom agreement or service contract that may include additional terms not outlined here.
13. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Yukon and the laws of Canada applicable therein.
14. Agreement to Terms
By booking a session, package, or subscription with Mark Kelly Photography, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.