Terms of Engagement

1. Engagement & Fee Structure

A non-refundable engagement fee of 30% of the total project cost is required to secure your assignment date. The remaining balance is due on or before the day of the session. Accepted payment methods include e-transfer, credit card, or as outlined in the final project proposal. Failure to meet payment deadlines may result in the cancellation of the assignment and forfeiture of the booking fee.

2. Postponement & Cancellation

Clients may request to postpone an assignment up to 72 hours prior to the scheduled start time. Postponements or cancellations made within this window will result in the forfeiture of the engagement fee. In cases of severe weather, illness, or unforeseen emergencies, David LeClair Visuals will work to reschedule the assignment at the earliest mutually agreeable time.

3. Copyright & Licensing Terms

David LeClair Visuals retains full and exclusive copyright ownership of all images produced. Clients are granted a non-exclusive, non-transferable usage license for the specific purposes outlined in the project agreement or licensing invoice. Any use beyond the agreed scope — such as resale, third-party transfer, or publication outside the licensed terms — requires written permission and may incur additional licensing fees.

Editorial & Publication Assignments: When commissioned by recognized media outlets or publications, David LeClair Visuals operates under the specific terms and licensing structures of those organizations. In such cases, the publication’s agreement or contributor contract supersedes any conflicting terms outlined here. All personal, commercial, and marketing use of those images remains subject to the respective publication’s policies and copyright laws.

4. Delivery & Turnaround

Final, high-resolution digital images will be delivered within four (4) weeks of assignment completion, unless otherwise stated in the contract. Expedited delivery timelines can be arranged upon request and may include an additional fee. Clients will be promptly notified of any unforeseen delays in the post-production process.

5. Creative Integrity & Editing Restrictions

Creative control and final image selection remain the sole discretion of the photographer. Clients are strictly prohibited from altering, cropping, applying filters, or modifying the final delivered images in any way. Any adjustments must be requested through David LeClair Visuals to preserve artistic integrity and brand consistency. Unless a written opt-out agreement is provided before the assignment, the photographer retains the right to use images for professional portfolio, marketing, and publication purposes.

6. Client Responsibilities & Safety

Clients are responsible for securing all necessary permits, permissions, and access rights for the chosen location. David LeClair Visuals assumes no liability for injury, property damage, or loss occurring during the assignment. All sessions are conducted with a commitment to safety, professionalism, and respect for both people and property.

7. Dispute Resolution & Governing Law

Any disputes will first be addressed through good-faith discussion and mediation. If resolution cannot be achieved, the matter will proceed to binding arbitration under the laws of the Province of Ontario, Canada. Both parties agree that all decisions and settlements reached through arbitration will be final and legally binding.

8. Photo Leasing Terms of Service

David LeClair Visuals provides select images through a structured Photo Leasing Program. These terms define the permitted usage and duration of each lease type. All leased images remain the exclusive copyright of David LeClair Visuals unless otherwise stated in writing.

9. Data, Privacy & Confidentiality

David LeClair Visuals upholds the highest professional standards regarding client confidentiality. Any information, visuals, or materials shared before, during, or after a project are treated as strictly confidential and will not be disclosed, sold, or distributed to third parties without the client’s written consent. Files are stored securely within encrypted systems and retained for archival purposes in accordance with professional best practices.

Limited Photo Lease

Grants permission for a single-use or campaign-specific display across digital platforms, including websites and social media. This lease does not permit resale, sublicensing, or print publication. Renewal or expansion of usage requires an updated agreement and additional licensing fee.

One-Year Photo Lease

Authorizes use of the image(s) for one (1) year from the lease date across approved digital and marketing channels. Renewal is required after one year to maintain active usage rights. This license does not transfer ownership and must remain attributed to David LeClair Visuals where applicable.

Unlimited Photo Lease

Provides perpetual, non-exclusive rights for ongoing use of the image(s) across all owned digital and print platforms, without time limitation. While this lease is valid indefinitely, image copyright remains with David LeClair Visuals, and resale or third-party distribution is strictly prohibited.