Terms and Conditions
Terms and Conditions, Eric Peterson
Last Updated: Nov 3, 2021
We encourage everyone to read this BEFORE they work with us. It contains everything you need to know about how we operate. If you have any questions, please don’t hesitate to ask!
“The Company” meaning Eric Peterson, Vancouver, British Columbia, V5W 1N9. “The Client(s)” meaning any person, body of persons, firm, organization, or company with whom the Company enters into a contract for the sale of goods or services by the Company. “Creative Material” meaning, photographic still image, moving image, audio and design elements.
Acceptance of Terms and Conditions
All contracts and transactions between the Company and the Client whether made orally or in writing are subject to these Terms and Conditions. It is the responsibility of the Client to assume that a Terms and Conditions exists, and that it should be read in full and understood prior to utilizing the services of the Company.
Copyright and Ownership
In accordance with Canadian Copyright Law Bill C11, the Company retains all rights to Creative Material created for the Client. All Creative Material produced for the Client is licensed, not sold. The Client may use all Creative Material created by the Company for the Clients business operations, however Creative Material may not be copied, reprinted, duplicated and/or sold unless previous written consent has been given by the Company.
If the Client wishes to own the copyright of Creative Material produced by the Company, an additional fee will be paid by the Client to the Company. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client supplies the Company with materials including digital files, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder of the supplied materials. The Client agrees to full indemnify the Company in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
The Company reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Estimates and Quotes
Any prices quoted to the Client are for the original job description and specifications given to the Company by the Client. The Company reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before, during or after the assignment. Wherever possible, the Company will provide indication of what these additional charges will be.
Common Additional Fees
Travel – A travel fee will be applied for trips over two hours by road, and on all trips requiring air travel and most by boat travel. The travel fee will be charged in either Half Day Travel Rate or Full Day Travel Rate depending on length. In some cases the Company may waive this fee.
Tolls – The Company reserves the right to charge a road toll fee if the Company has to incur this expense when traveling to the Clients location.
Parking – The Company reserves the right to charge a parking fee if the Company has to incur this expense to work at the Clients location.
Taxi Cab / Uber / Lyft Incidental – The Company reserves the right to charge a Taxi Cab / Uber / Lyft Incidental fee if the Company has to incur this expense to travel between Client shoot locations locally and all non local locations.
The Company reserves the right to charge his full fee if a booking is cancelled by the Client within one business day of the starting time. If a booking is cancelled within 3 business days the Company reserves the right to charge 50% of his fee.
The Company will charge the Client any fees taken on by the Company in preparation for the work. These fees could include but are not limited to: Hourly Pre-Production costs, Camera and Equipment Rentals, Studio/Office Rentals, Wages Paid to other contractors.
All payments for products and services provided by the Company must be made within 30 days upon the invoicing date. The Company reserves the right to charge interest on all overdue invoices at a rate of 2% per 30 days.
Canadian GST/HST will be applied to all invoices at the rate in the province or territory of the billing address. For international orders, the 5% rate will be applied.
The Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of the Company’s interpretations of the Clients brief. If the Client or an authorized representative is not present, the Company’s interpretation shall be deemed acceptable.
The Company acknowledges that in some cases he may receive information from the Client, which is designated by the Client as confidential. Upon request from the Client, the Company agrees to keep this information confidential and not disclose such information to other parties except as required by law.
Retention of Title
The Company reserves the right to retain all of the Clients creative materials and materials in his possession until all monies owed to the Company have been paid in full. Furthermore, the licenses granted by the Company to the Client will also be revoked until payment has been made in full, and cleared.