Terms of Service

Photographers

Customer Terms of Service

Photographers are highly encouraged to read and familiarize themselves with the Customer Terms of Service

Satisfaction Guarantee 

Focal's mission is to help its photographers be successful professionally and financially. If you are dissatisfied with any aspect of your experience please let us know. We will do what we can to make things right.

Quality Standards

You agree to adhere to the following Quality Standards in respect of all photoshoots:

1. The photographer alone is responsible for identifying and obtaining any licenses, permits and/or any other requirements that are or might be applicable to the photoshoot taking place;
2. honouring reservations/bookings;
3. clear, open and consistent communication with customers;
4. respecting all customers and making them feel included and welcome;
5. accuracy and credibility in all interactions and engagement via the Focal Website and Services;
6. making safety a priority at all times, including when creating a package and planning a photoshoot;
7. complying with relevant laws and regulations.

Cancellation

Cancellation terms and refund amounts are set by each individual photographer. A booking is considered cancelled when the client messages the photographer in writing.

If a client cancellation fee is charged, the photographer will receive the proceeds minus any Focal commission and mandatory deductions.

Notwithstanding “Exceptional Circumstances” listed below, If a photographer cancels a shoot on short notice more than twice, they will be removed from the Focal Website and Service.

Exceptional Circumstances

The following circumstances will be considered Exceptional Circumstances which are out of a photographer’s or customer’s control and give Focal the discretion and permission to override the Cancellation Policy and make refund decisions, or to waive cancellation penalties:

1. unexpected death or serious illness of a photographer, customer or immediate family member;
2. serious injury;
3. natural disaster (including pandemics) or severe weather that impacts the photoshoot;
4. travel restrictions that arise outside of a photographer’s or customer’s control;
5. government-mandated obligations issued after the time of booking;
6. unforeseen circumstances that impact the ability to safely engage in the photoshoot; or
7. any additional circumstances deemed relevant by Focal, in its sole discretion.

Subscription Payments, Fees, Payouts

Photographers will be emailed a monthly invoice detailing their subscription fees which can be paid by credit card. Subscription fees may also be deducted from photographer account balances if desired.

Any overdue amounts are subject to a late payment interest charge of 2% per month (26.8% per year) until paid in full. Furthermore, you agree to pay Focal $25.00 if your credit card payment is denied due to insufficient funds.

Focal will credit the photographer’s account five business days after completion of a successful shoot and delivery of photos. Photographers with a positive account balance will be paid out on a bi-weekly basis. Focal commissions, fees and any applicable taxes will be deducted from photographer payouts.

User Content

By creating, uploading, posting, sending, receiving, storing, or otherwise making User Content available on or through the Services, you grant Focal a perpetual, non-exclusive, paid-up, royalty-free, irrevocable, sub-licensable, assignable, transferable and worldwide license to access, use, store, copy, modify, distribute, prepare derivative works of, publish, transmit, stream, broadcast, disclose to third parties, and otherwise exploit in any manner such User Content for any purpose whatsoever, including for commercial purposes and to promote the Services in any media or platform. You agree that your User Content will be treated as non-confidential and non-proprietary and you agree to allow others to view and comment on your User Content. You are responsible for all User Content that you make available via the Services. You represent and warrant that you own or control all rights in and to User Content and have the rights, licenses, consents and releases to grant Focal and its affiliates the license granted above. You represent and warrant that neither User Content nor your posting, uploading, publication, submission or transmittal of User Content or Focal’s use of User Content, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You represent and warrant that all of your User Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless Focal and its affiliates and licensors, and their respective directors, officers, employees, agents and contractors, for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Content you post, and you, not Focal, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any User Content uploaded to the Website or Application is solely the opinion and the responsibility of the person or entity submitting it and does not necessarily reflect the opinion of Focal. Focal is not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Services.

Relationship

You agree that your relationship with Focal is limited to being an independent, third-party contractor only. You act exclusively for yourself and for your own benefit. You do not act on behalf of or for the benefit of Focal.

Disclaimer of Liability

Focal 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 Focal Website and Service, including without limitation, the acts or omissions of your client booked through the Focal Website and Service.

Legal Age

You must be least 18 years of age or older to use the Focal Website and Service. If you are less than 18 years, you will not be permitted to join Focal as a photographer.

Governing Law

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 Focal 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 Focal Website or Service.

Acceptance of Terms of Service

Your use of the Focal 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 submit an application to join Focal.

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