Flytographer Enterprises LTD.
Customer Terms of Service
Last Updated: November 30, 2023
Capturing the magic of travel … now and for years to come
Rescheduling or Cancelling
Shoots Changed and/or Cancelled By You
Please note that for events resulting in the inability to attend your scheduled shoot date, time, and/or route, such as a resort or private property requiring a fee for a photographer to enter the property*, a resort or private property not allowing a photographer to enter the property*, inability to travel due to invalid travel documents, or transportation cancellations, are also considered shoots changed and cancelled by you and the following terms still apply.
- Shoot reservations may be cancelled up to 15 days prior to the shoot date for a 90% refund; Flytographer retains 10% for processing and handling fee.
- Within 15 days, once the shoot date and time are confirmed (ie. the “Shoot Scoop” is delivered), you may cancel up to 7 days in advance of the date and time of the reservation for a 50% refund; we will retain the 50% balance for processing and handling fees. If the Shoot Scoop has not been confirmed within this time frame, you may cancel for a 90% refund.
- After your booking is confirmed and up until 7 full days of the shoot date and time we will attempt to accommodate any rescheduling request. We cannot guarantee we will be able to do so. If we cannot, you will have the option to maintain the existing reservation or to cancel as set forth in sections (a) and (b) above.
- Within 7 days of the shoot date and time, all sales are final and there is no refund for cancelled shoots.
- Switching photographers after the booking is made is treated as a cancellation and follows the same policies as outlined in sections (a) and (b) above. (ie. Changes to photographers up to 15 days before the shoot date OR within 7-15 days before the Shoot Scoop is delivered will be refunded 90% of the shoot fee. Within 7-15 days before the shoot date with delivery of the Shoot Scoop, you will be refunded 50% of the shoot fee, and changes to photographers within 7 days of the shoot date will not receive a refund.) In all cases if you wish to switch photographers, you must start a new inquiry for dates and times with another photographer.
- For proposal booking packages that include a planning session with the photographer (e.g. “Capture the YES!“), cancellation after these planning services have been rendered will be refunded the balance of the shoot fee minus the $100 planning session fee.
- Our photographers are ready to shoot in light rain or shine, but we will connect you directly with your photographer so that you can be in touch before your shoot to discuss the weather. We can never guarantee photographer availability on other dates, but they always do their very best to reschedule if there is too much rain to work with. In the unfortunate case that terrible weather makes your shoot impossible and there is no ability to reschedule, we do offer a full refund.
*In this case, our team and your photographer can make a recommendation for an alternate location for your shoot off property, however if you are unable to choose an alternate location, the above cancellation terms will apply.
Shoots Changed and/or Cancelled by Flytographer
We will make every reasonable effort to provide the services in accordance with the descriptions provided on our website. Although it is unlikely that we will have to make any changes to your booking or cancel confirmed bookings, we reserve the right to do so should it become necessary or advisable. If we must cancel your booking, we will either provide you with a credit that you may use towards another booking or a full refund at our discretion.
Shoot Extensions and Late Fees
1. Should you wish to extend beyond the time of your scheduled session and the photographer is available, add-on time is charged at a rate of $150 USD per 30 mins.
- For example: Your shoot is scheduled from 5:00 – 6:00pm. After your original 60 minutes is up, you decide that you would like to keep going for extra time. You may add on extra time if the photographer is available to do so. Indicate to the photographer you would like to add on additional time and verbally confirm that after the shoot, you will pay Flytographer the extra $150USD per 30 minutes (we will send you an invoice); continue the shoot for the extra time.
2. If you arrive late for your session, any time that has passed from your original start time will be forfeited, and you may shoot for the remainder of the time you have booked. The number of photos delivered may be adjusted to reflect the actual time spent together. You may add additional time if the photographer is free; add-on time is charged at a rate of $150 USD per 30 mins.
- For example: You booked a 30 minute session from 5:00 – 5:30pm. You are running late and arrive at 5:15. You have 15 minutes left in your session for shooting. At 5:30, you wish to keep going and ask the photographer if they are free to do so. Indicate to the photographer you would like to add on additional time, and verbally confirm that after the shoot, you will pay Flytographer the extra $150USD per 30 minutes (we will send you an invoice); continue the shoot for the extra time.
3. Failure to appear for your scheduled session will be considered a “No Show” and no refund will be issued.
Additional People on Shoot
Getting great photos with a group means having ample time on your shoot to do so. In order to do that, we require shoot lengths for groups as follows:
- 30 mins: max 6
- 60 mins: max 10
- 90 mins: max 15
If more people show up to your shoot than you originally indicated on your booking form and the total number of people then exceeds the package requirement, extra people above the limit will be charged at $75 per person. The package length and photo quantities will remain as originally booked.
You are responsible for covering additional fees and costs related to your location choice (transportation, admission fees, permits to shoot on private property, etc). Please confirm this directly with the property or location. If you wish your assigned photographer to participate in any activities, you will need to cover any applicable fees for them as well.
Photo copyright and usage
1. Your assigned Flytographer photographer retains copyrights on all images.
2. You have a perpetual, non-exclusive licence to use the photos for personal use only. Under no circumstances may you use the images from your photo shoot for commercial use, profit, or photographic competition.
Gallery and photo policies
1. Your assigned Flytographer photographer selects the best images from the shoot, performs light editing, and delivers them in an online gallery with a prescribed quantity of images within your chosen package. Light editing includes cropping and colour/exposure adjustments. Your package does not include Photoshopping or extensive edits to any images.
2. Your gallery includes high-res images (2200X3300px) delivered in jpg format. To protect our photographers’ work, we never provide raw format.
3. Your gallery package includes the best images from your shoot. Neither Flytographer nor our photographers provide extra photos for compensation.
4. Flytographer retains the right to remove content in written reviews that is a privacy violation for our photographers.
Disclaimer of Liability
Flytographer shall not be liable to you for any injury, loss, expense, or damages incurred or sustained by you or any member of your family arising from, relating to, or connected with the use of the Flytographer Website and Service, including without limitation, the acts or omissions of the assigned Flytographer photographer.
Flytographer, its contractors, and or its employees are not responsible for any loss or damage to images files created, stored, or downloaded, even if through by negligence or other fault. Without limiting the foregoing, in no case shall Flytographer, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services. In the event applicable does not permit the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Flytographer’s liability shall be limited to the maximum extent permitted by law.
You must be least 18 years of age or older to use the Flytographer Website and Service. If less than 18 years, you will need parent or guardian permission to book a shoot.
Sharing Photos Online
We respect that people have different comfort levels around sharing photos online and as such we will never share your photos without obtaining written consent from you first. After your shoot, Flytographer will send you a survey where you can “opt-in” to sharing your photos on social media, with the press (such as a magazine) or with our official partners, like Fairmont Hotels and Context Travel. Customers are under no obligation to share photos. If we receive your prior written consent, then Flytographer shall have the unrestricted right and permission to use, re-use, publish, and republish photographic portraits or images of you, whether partial or complete, composite or distorted in character or form, or reproduction thereof in colour or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose.
These Terms of Service shall be governed by and construed in accordance with the substantive laws of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to the conflict of law rules of British Columbia. By using the Flytographer Website and Service, you agree to irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of British Columbia with respect to any legal action or proceeding which may be brought at any time arising from or relating to the Flytographer Website or Service.
Acceptance of Terms of Service
Your use of the Flytographer Website and its Services indicates that you agree to these Terms of Service and that you agree to be legally bound by them. If you do not agree to these Terms of Service Conditions, do not proceed to make an online booking with Flytographer.
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Flytographer Website and Service. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. The information and material on Flytographer Website and Service may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Flytographer Website and Service is restricted to users or unavailable at any time or for any period.