Terms and Conditions

Mark Kelly Photography – Full-Service Photography Studio
Effective as of January 1, 2025

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 options may be available upon request and subject to additional fees.
  • 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 created. 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 usage rights appropriate to their session type:
    • Personal Sessions: Personal use only (prints, sharing online with credit).
    • Business/Commercial Use: As per licensing agreement in your invoice/contract.
  • No image may be altered, copied, edited, modified, reditributed, used, sold, or given to third parties without written consent of Mark Kelly Photography. Any unauthorized use will be subject to legal action under applicable laws.

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 held in your gallery for 90 days. A fee may apply for file recovery or re-sending after 60 days from delivery.
    • Clients are responsible for downloading and backing up their images within the 90 day period.
    • After the 90 days, gallery access period will be restricted. Clients may extend gallery access for a $250 annual fee.

    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 (equipment failure, illness, force majeure) is limited to rescheduling or future credit.
    • Mark Kelly Photography is not liable for issues arising from client delays, weather conditions, or venue restrictions.

    10. 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.

    11. 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.

    12. 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.