April 2024

• The client will receive all photos with unrestricted usage rights, including, but not limited to, commercial, advertisement, and promotions, except for transferring or resale rights of the image to any third party.
• The client is responsible for acquiring any or all model releases for images to be used in all commercial settings, if applicable.
• The client will indemnify the provider (D-ONE and its photographer(s)) against any intellectual property rights claims due to the client’s usage of the photos by the client or its designated representative.
• As per D-ONE discretion, additional subcontractors, including but not limited to photographer(s) or assistant(s), might be hired to assist and/or fulfill the contract. The cost of any additional hire will be the responsibility of D-ONE and not the client.
• In the event of sickness or other situations, the provider, at its discretion, may and will provide substitute photographer(s) as needed to provide the stated services.
• D-ONE’s total liability to the customer in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the cost of the order pursuant to this contract or the total amount the client has paid under this contract.
• For the purpose of this services agreement/contract, Force Majeure means an event beyond the reasonable control of D-ONE including, but not limited to, strikes, lock-outs, or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of D-ONE sub-contractors.
• D-ONE shall not be held liable to the customer due to any delay or failure to perform its obligations under this contract due to a Force Majeure event.
• D-ONE, in good faith, will provide the link(s) to images during the service duration before any payment is made, if applicable. If the client fails to provide payment, a compounded monthly interest of 5% will be added to any outstanding invoices, and the client acknowledges that all images are copyrighted by and property of D-ONE and its photographer(s) until payment is made.
• This agreement and any matter or dispute arising out of or related to the subject matter of the agreement shall be governed, construed, and enforced under the Laws of the Province of Ontario, Canada.