Terms of Use

Last Updated:

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Artisanchscent, concerning your access to and use of our website and photography services. You agree that by accessing the site and services, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the site and services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Photography and Image Rights

All photographs and images created by Artisanchscent remain the intellectual property of Artisanchscent unless otherwise specified in a written agreement. Clients receive a license to use images as specified in their service agreement. The specific terms of image usage, including permitted uses, restrictions, and duration, will be outlined in individual client contracts.

We reserve the right to use photographs for portfolio, marketing, advertising, and promotional purposes unless specifically restricted by written agreement with the client. Any additional usage rights beyond those specified in the client agreement must be negotiated separately and may be subject to additional fees.

User Representations

By using the site and services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update such registration information as necessary
  • You have the legal capacity and you agree to comply with these Terms of Use
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site
  • You will not access the site through automated or non-human means, whether through a bot, script, or otherwise
  • You will not use the site for any illegal or unauthorized purpose
  • Your use of the site will not violate any applicable law or regulation

Booking and Payment Terms

Booking Confirmation

All photography session bookings require confirmation and may require a deposit to secure the date and time. Booking requests are not confirmed until you receive written confirmation from us. We reserve the right to decline any booking request at our discretion.

Payment Terms

Payment terms vary depending on the service package selected. Deposits are typically non-refundable unless the session is cancelled by Artisanchscent. Full payment details, including amounts, due dates, and accepted payment methods, will be provided at the time of booking confirmation.

Pricing

All prices listed on our website are in Canadian Dollars (CAD) unless otherwise specified. Prices are subject to change without notice. The price applicable to your booking will be the price in effect at the time of booking confirmation. Additional services requested after initial booking may be subject to additional charges.

Cancellation and Rescheduling

Client Cancellations

If you need to cancel a booked session, please notify us as soon as possible. Cancellation policies vary depending on the service type and timing of cancellation. Generally, cancellations made more than 7 days before the scheduled session may be eligible for deposit transfer to a future date. Cancellations made within 7 days of the scheduled session may result in forfeiture of the deposit.

Rescheduling

We understand that circumstances change. Rescheduling requests will be accommodated when possible, subject to availability. A rescheduling fee may apply depending on the timing of the request and availability of alternative dates.

Photographer Cancellations

In the unlikely event that we need to cancel a session due to illness, emergency, or other unforeseen circumstances, we will make every effort to reschedule the session at a mutually convenient time or provide a full refund of any payments made.

Session Conduct

Clients are expected to arrive on time for scheduled sessions. Late arrivals may result in shortened session time without reduction in fees. We reserve the right to terminate any session if participants behave inappropriately, act in a manner that endangers themselves or others, or violate any terms of the booking agreement.

We do not photograph any content that is illegal, offensive, or inappropriate. We reserve the right to refuse any request that falls outside our professional standards and ethical guidelines.

Delivery of Services

Image Delivery Timeline

Edited images are typically delivered within 2-4 weeks of the session date, depending on the package selected and current workload. Rush delivery may be available for an additional fee. Delivery timelines begin from the date of the session, not the date of any consultation or booking.

Image Selection and Editing

We select and edit images according to our professional judgment and artistic style. The number of final edited images delivered will correspond to the package purchased. Minor adjustments to color, exposure, and retouching are included as standard. Extensive editing requests may be subject to additional charges.

Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six month period prior to any cause of action arising.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your contributions, use of the site, breach of these Terms of Use, or breach of your representations and warranties set forth in these Terms of Use.

Governing Law

These Terms shall be governed by and defined following the laws of Ontario, Canada. Artisanchscent and yourself irrevocably consent that the courts of Ontario shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty days, either party may pursue legal remedies available under applicable law.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Information

In order to resolve a complaint regarding the site or services or to receive further information regarding use of the site or services, please contact us at:

Artisanchscent
260 Carlaw Ave #202AAA
Toronto, ON M4M 3L1, Canada
Phone: (416) 277-6355
Email: contact@artisanchscent.world