Last updated: March 6, 2020.
This website, https://pavelkounine.com (henceforth, the “Site”), is operated by Pavel Kounine Photography. Throughout the Site, the terms “I” and “me” refer to Pavel Kounine Photography.
“Client” refers to you, the person whose full name, home address, and payment information are submitted to Pavel Kounine Photography.
“Order Page” refers to the portion of the Site where the Client submits to Pavel Kounine Photography a request for service.
“Service” or “Services” refer to the photographic services identified in detail (date, time, place, occasion, etc.) on the Order Page.
“Offer” refers to the pre-tax total amount of consideration tendered by the Client to Pavel Kounine Photography for the Services identified on the Order Page.
“Fee” or “Fees” refer to the pre-tax total fees/costs offered to Pavel Kounine Photography by the Client as consideration for the Services identified on the Order Page, and includes any reasonable fees/costs/expenses incurred by Pavel Kounine Photography during provision of the Services.
“Retainer” refers to the portion of the Fees paid to Pavel Kounine Photography when submitting a tender for Services on the Order Page.
TERMS OF THE PHOTOGRAPHY AGREEMENT
By submitting an Offer and paying the Retainer, you, the Client, enter a binding and non-retractable agreement to (i) engage Pavel Kounine Photography to perform the Services identified in detail on the Order Page and (ii) agree to pay the Fees, subject to Pavel Kounine Photography’s acceptance of your Offer within a twenty-four (24) hour period following receipt of the Offer and subject to the terms listed on this page (the “Terms”). Subject to acceptance of your Offer and to the receipt of the Fees when due, Pavel Kounine Photography agrees to perform the Services (subject to the Terms set out herein). In the event that Pavel Kounine Photography declines an Offer put forth by the Client, the Client will be released from the agreement and a full refund for the Retainer paid will be issued and processed according to the typical processing schedule of your credit card issuer.
1. PERSONS PHOTOGRAPHED
The Client hereby acknowledges and agrees that Pavel Kounine Photography is engaged to capture and provide a curated photographic documentation, as interpreted by Pavel Kounine Photography, of the wedding/affair/occasion identified on the Order Page (the “Affair”), namely the Client and their partner, and their family, friends, and guests in attendance. Pavel Kounine Photography will do its best to accommodate specific requests, within reason, at its discretion. The Client shall cooperate with Pavel Kounine Photography in the following ways: (i) identifying principal persons to be photographed; (ii) advising Pavel Kounine Photography, in writing and in advance, of the logical group poses; (iii) assist in the gathering of persons for group poses; and (iv) indicate the areas of coverage Pavel Kounine Photography might miss.
2. CANDID WEDDING PHOTOGRAPHY DEFINED
It is understood that this Agreement is for documentary photographs of the Affair and the key persons engaged in it, as interpreted by Pavel Kounine Photography. In addition, every effort will be made to take documentary photographs of the event in progress at the locations specified. However, it is agreed that because it is not possible to completely control certain aspects of the Affair, and also because it is a ‘one time’ event, Pavel Kounine Photography can not guarantee that every possible event and/or happening and/or person will be photographed.
3. REQUESTED PHOTOGRAPHS
While Pavel Kounine Photography will make every reasonable effort to take specifically requested photographs, the Client understands that a wedding is an uncontrolled event and that due to the varieties of the weather, available light, and willingness or availability of subjects, Pavel Kounine Photography cannot guarantee that any particular requested photograph will be taken. Pavel Kounine Photography will not be held responsible for the lack of coverage caused for the following reasons: the bride, groom, or wedding party not being on time, members of the wedding party or family are unavailable when called on for a posed photograph, if the wedding is running late or if restrictions regarding photography at the desired location of the wedding are in force.
4. OTHER PHOTOGRAPHERS
The Client agrees that Pavel Kounine Photography shall be the OFFICIAL and SOLE photographer(s) of the Affair. The Client further acknowledges and agrees that Pavel Kounine Photography will not be responsible for any technical failures and missed and/or unsatisfactory pictures of any kind whatsoever caused by any friends, relatives, guests and/or other contractors (whether amateur or professional) taking movie, video and/or still photographs at the same time that Pavel Kounine Photography is working.
5. PHOTOGRAPHIC LOCATIONS
It is agreed that the Client shall be responsible for making all arrangements, reservations and the obtaining of permission and/or legal permits and/or insurance required for shooting locations.
6. DETERMINATION OF FEES AND METHOD OF PAYMENT
The Client agrees to pay the Fees in the following manner, unless otherwise specified on Order Page.
Services (identified on the Order Page):
- retainer of $1500 payable at time of submitting an Offer;
- balance of the Fees (being the total Offer (plus tax) less the Retainer) payable fourteen (14) days prior to the Affair;
- any additional Fees identified by Pavel Kounine Photography during provision of the services on the date of the Affair (such as overtime charges and travel expenses, identified herein) payable no more than fourteen (14) days after invoicing and before delivery of the products and/or services.
Pavel Kounine Photography is an HST registrant and collects Harmonized Sales Tax on all products and services subject to it. HST is not collected on the Retainer paid by the Client when an Offer for Services is submitted. The Client agrees to pay HST on the total Fees when paying the balance of the Fees.
- retainer payable (75% of the additional/supplemental order) payable when order is made;
- balance (25% of the additional/supplemental order) payable on delivery of product.
- Terms net 30 days. Terms are in effect upon notification to the Client of completion. 1.5% interest on overdue accounts per month (18% per annum), compounded monthly. In the event of the account becoming past due or in default, the Client agrees to pay all amounts owing, together with all applicable interest charges (set out above), legal fees, and collection costs.
7. SCHEDULE AND OVERTIME COVERAGE
On the day of the Affair, the number of hours offered is meant to begin when Pavel Kounine Photography enters the first venue and ends when Pavel Kounine Photography completes breakdown at the last location. Overtime coverage on the day of the Affair (a period over and above that set out on the Order Page) will be charged in fifteen (15) minute increments based on an hourly rate formula determined by the total Offer divided by the number of hours of photography originally requested on the Order Page. (For example: if you offered $3000 for 8 hours of service, your overtime coverage rate would be $375 per hour). The Client agrees to pay such overtime coverage charges identified by Pavel Kounine Photography, acting reasonably, in the same manner as Fees payable hereunder.
8. TRAVEL, PARKING, AND ADDITIONAL EXPENSES
ravel in vehicles operated by Pavel Kounine Photography within the Greater Toronto Area is included in the Services. Expenses incurred by Pavel Kounine Photography on the day of your event and within the scope of the photographer’s work are not included in the Offer, and will be invoiced as additional Fees following your event, to be paid in full before final delivery of your products and/or services. Additionally, expenses associated with hired vehicles, such as taxis and ride-sharing services, and all modes of public or mass transit (bus, train, boat, plane, gondola, etc.), are not included in the Offer for the Services, and will be invoiced as additional Fees following your event, to be paid in full prior to delivery of your products and/or services.
Travel by automobile to locations more than 90 kilometres from Pavel Kounine Photography is subject to a fee of $0.55 per kilometre for both ways of the trip, and the Client agrees to pay this as an additional Fee. Destinations that exceed one and one-half (1.5) hours driving time each way will require overnight accommodations to be paid for by the Client.
9. DEFAULT BY CLIENT
In the event the Client breaches or fails to comply with, or otherwise defaults under, any of the terms or conditions set out in this Agreement, Pavel Kounine Photography may, if such breach/failure/default is not remedied following two (2) days written notice, terminate this Agreement without any further obligation or responsibility on the part of Pavel Kounine Photography. In the event that this Agreement is terminated in accordance with the foregoing, the Client hereby agrees that any Fees paid shall be forfeited as liquidated damages.
10. IF THE WEDDING OR EVENT IS CANCELLED
Since Pavel Kounine Photography will reserve the time agreed upon in this Agreement for the Client and will not make another reservation for the specific time frame, the Retainer is non-refundable even if the date is changed and/or the Affair becomes cancelled for any reason. If cancelling this Agreement, the Client must notify Pavel Kounine Photography in writing at least twenty-eight (28) days prior to the Affair, otherwise, the Client will be responsible for the total amount of the Fees due as if the services were rendered. To consider a date change, Pavel Kounine Photography must first receive a written release of the current contracted date, which will null and void this written Agreement. If the Client needs to change the Affair date, all Fees paid will transfer to the new date per a newly written and signed Agreement only if that date is available for Pavel Kounine Photography. The new date must be within eight (8) months of the original day or the new Agreement will be subject to Pavel Kounine Photography’s current rates (determined to be the Offer plus an additional ten (10) percent). If the new date is unavailable with Pavel Kounine Photography the contract will be cancelled and Client will forfeit the Fees paid as liquidated damages.
Despite the payment of the fees, the Client acknowledges and agrees that Pavel Kounine Photography shall retain the full copyright in all images produced pursuant to this agreement. Pavel Kounine Photography hereby grants to the Client and their partner a limited, non-exclusive, non-transferable, royalty free license to reproduce and/or display the pictures, provided the Client comply with the condition that all such reproductions and/or displays are not intended for a commercial venture.
12. PROMOTIONAL USE
Without prejudice to Pavel Kounine Photography’s rights pursuant to section 11 above, the Client agrees that Pavel Kounine Photography or his assignee(s) may display and use photographs from the Affair for advertising, display, website and Internet promotion, photographic contests, trade shows, public display, photography books, publications, store fronts, window displays, studio display, television advertising, magazine advertising, and any other purposes deemed appropriate by Pavel Kounine Photography.
13. EDITING, RETOUCHING, ENHANCEMENTS, AND ALBUMS
Photographic images do not reproduce all colours and tones exactly as seen by the eye. The Client agrees that Pavel Kounine Photography will, at its sole artistic discretion, interpret the correct reproduction of colours and tones. Images delivered digitally are edited for colour correction, contrast and tonal adjustments, and conversion to black and white (if applicable). For albums and any other printed material ordered directly through Pavel Kounine Photography, additional adjustments may be made at Pavel Kounine Photography’s sole artistic discretion, which may include (but is not limited to): realistic retouching, minor blemish removal, selective toning of colours, tonal adjustments and colour enhancements, etc.
The Client is entitled to one set of changes to the final soft-proof album designed by Pavel Kounine Photography, following which an hourly rate of $177.50 per hour (plus tax), in five (5) minute increments, will apply. The Client agrees that all albums are final sale and understand that no refunds shall be provided. Albums that exhibit defects in workmanship upon arrival will be replaced at the sole and reasonable discretion of Pavel Kounine Photography. All physical items are available for pickup from Pavel Kounine Photography. The Client agrees to the following payment schedule for all physical items requiring delivery or shipping to the Client: $35 (plus tax) convenience fee plus all applicable courier fees, paid prior to shipping.
14. TURNAROUND TIME FOR PRODUCT
Pavel Kounine Photography will use reasonable efforts to provide the Client with the package ordered on the Order Page (and/or any additional product or service order placed pursuant to this Agreement) within a reasonable length of time. If due to its own fault, Pavel Kounine Photography fails to provide the Client with the completed digital photographs within twenty-eight (28) days following the Affair, and, pursuant to section 8 above, there are no outstanding Fees owed by the Client to Pavel Kounine Photography, then, Pavel Kounine Photography will provide the client with a one-time refund of $200. However, certain aspects of the business are beyond the control of Pavel Kounine Photography. The Client agrees that Pavel Kounine Photography does not guarantee a time frame for any physical product (pictures, albums, framing or any other service available) produced pursuant to this Agreement, and the Client agrees that no compensation (in any form, monetary or otherwise) will be granted for any delays, regardless of circumstances.
15. LIMITATION ON ARCHIVING
Upon delivery of pictures and/or products listed on the Order Page to the Client, the Client will release Pavel Kounine Photography of all liability for the archiving, backup, and preservation of all the digital image files and/or film negatives.
16. INDEPENDENT CONTRACTOR
This Agreement is not to be construed as an employment agreement in any way. Pavel Kounine Photography functions as an independent contractor.
17. EVENT FOOD SERVICE
A vegetarian meal and seating with guests is required for Pavel Kounine Photography for events six (6) hours or longer. If the aforementioned is not provided, it is understood that Pavel Kounine Photography will leave the event for up to forty-five (45) minutes at some point to purchase a meal and that Pavel Kounine Photography shall not be responsible for any missed photo opportunities that take place in its absence.
The Client shall indemnify and hold harmless Pavel Kounine Photography from any loss, damage or liability resulting from the Client’s violation of the terms of this Agreement or any agreement involving the Client and Pavel Kounine Photography. The Client shall indemnify Pavel Kounine Photography and hold him harmless from and against any claim by any other person or entity resulting from the performance of his services under this Agreement.
19. LIMITATION OF LIABILITY
If Pavel Kounine Photography cannot perform this Agreement in whole or in part due to a fire or other casualty, force majeure, acts of nature or terror, or other cause beyond the control of the parties or due to photographer’s illness or injury, then Pavel Kounine Photography will return all fees less to the Client but shall have no further liability with respect to this Agreement. The Client hereby acknowledges and agrees that on certain occasions, equipment may prove defective—this limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Pavel Kounine Photography (or the photographer). The Client hereby agrees that in the event that any of the photographs taken prove to be defective or in the event that the total order is undeliverable due to any technical defects, that the liability of Pavel Kounine Photography will be strictly limited to the amount of consideration (the Fees) actually paid by the Client, and received by Pavel Kounine Photography, pursuant to this Agreement. The Client hereby specifically waives and releases Pavel Kounine Photography from any and all claims or actions (in tort, contract or otherwise) for negligence, breach of warranty, mental harm or distress due to the failure of the photographs to be produced due to any technical defects. The Client agrees that an entire Affair cannot be replicated, re-enacted or repeated for the purpose of a re-shoot and limits Pavel Kounine Photography’s liability to the amount paid under this Agreement. Without limiting the foregoing, the Client agrees that the liability of Pavel Kounine Photography for any breach of this agreement by Pavel Kounine Photography (or those for whom it is responsible) shall strictly be limited to the amount of any consideration (the Fees) actually paid by the Client, and received by Pavel Kounine Photography, pursuant to this agreement.
20. IDENTIFYING A PROXY1For example, this could be your future spouse, your wedding planner, or your maid of honour or best man.
The Client may identify another person or persons (the “Proxy”) to instruct Pavel Kounine Photography with directions, actions, and notices pertaining to the Affair. The Client agrees to be responsible for all covenants and obligations under this Agreement that are initiated by the Proxy, including (without limitation) the obligation to pay 100% of the Fees such covenants and obligations incur. The Client agrees that they shall be bound by any actions, directions or other notices provided by the Proxy (even without the knowledge of the Client) to Pavel Kounine Photography or any of his employees (whether in writing or verbally).
Time shall be of the essence in this Agreement. The section numbers, section headings, and footnotes are inserted for convenience of reference only and are not to be considered when interpreting this Agreement. If any provision of this Agreement is illegal or unenforceable, it shall be considered severable from the remaining provisions of this Agreement, which shall remain in force. All provisions of this contract shall be binding and in full force and effects as to any subsequent orders for additional photographs, other product or service placed pursuant to this Agreement.
There are no verbal agreements forming part of this Agreement. Written notice shall include email communications. Any term or condition on any Service or other document submitted by the Client shall be of no force or effect whatsoever. In particular, acceptance by Pavel Kounine Photography of a Service sent by the Client shall not be deemed an acceptance of any conflicting or additional terms and conditions. Pavel Kounine Photography specifically rejects any different or additional terms and conditions proposed by the Client.