Magic Moment

Terms & Privacy

MagicMomentPhotoworks

Terms of service, liability Waiver
& Release From :

Effective Date :
May 2026

This Privacy Policy and Terms of Use describe how MagicMomentPhotoworks Inc. collects, uses, protects, and manages information through this website. By accessing and using this website, you agree to the terms outlined below. This policy applies together with all general conditions related to the use of this website and its creative content. These Terms of Service, Liability Waiver & Image Use Agreement ("Agreement") govern all photography and videography services provided by MagicMomentPhotoworks Inc.

By booking, attending, participating in, purchasing, or using any services provided by the MagicMomentPhotoworks Inc., you acknowledge that you have read, understood, and agreed to be bound by this Agreement.

SERVICES

The Studio provides professional photography and videography services, including but not limited to:

  • Family Photography
  • Baby shower & Maternity Photography/Videography
  • Wedding Photography/Videography
  • Pre-wedding Photography/Videography
  • Portrait Sessions
  • Event Photography/Videography
  • Commercial Photography/Videography
  • Videography Services
  • Real Estate Photography/Videography
  • Private Event Photography/Videography

Additional services may be offered from time to time at the Studio's discretion.

ASSUMPTION
OF RISK

The Client acknowledges that participation in photography and videography sessions may involve inherent risks that cannot be completely eliminated, even when reasonable precautions are taken.

Such risks may include, but are not limited to:

  • Slips, trips, or falls
  • Contact with equipment, lighting, props, furniture, or backdrops
  • Equipment malfunction
  • Unexpected medical conditions or reactions
  • Property damage
  • Accidental injury

Clients who are pregnant, elderly, have medical conditions, or are participating with children acknowledge that additional risks may exist.

Participation in Photography/Videography services is voluntary, and the Client knowingly assumes all risks associated with participation.

SAFETY
RESPONSIBILITIES

The Studio strives to maintain a safe and professional environment through appropriate safety practices, equipment maintenance, and operational procedures.

However, no environment can be guaranteed to be completely free from risk.

Clients are responsible for assessing their own health, physical condition, and suitability for participation. Any medical concerns should be addressed with a qualified healthcare provider before participating.

SUPERVISION
OF MINORS

All participants under the age of eighteen (18) must be accompanied by a parent or legal guardian at all times.

Parents and guardians are solely responsible for:

  • Supervising minors throughout the session
  • Ensuring their safety and well-being
  • Managing their conduct and behaviour
  • Preventing unsafe interactions with equipment, props, or Studio property

The Studio does not provide childcare or supervisory services and accepts no responsibility for monitoring minors during any session.

RELEASE
OF LIABILITY

To the fullest extent permitted by applicable law, the Client releases and forever discharges the Studio, its owners, directors, employees, contractors, representatives, and affiliates from any and all claims, liabilities, damages, losses, costs, expenses, demands, or causes of action arising from participation in Photography/Videography services.

This release includes, without limitation:

  • Personal injury
  • Illness
  • Property damage
  • Loss of property
  • Accidents
  • Death
  • Unforeseen incidents

The Client accepts full responsibility for all risks associated with participation.

CLIENT
CONDUCT

The Studio or any on-location service is committed to maintaining a safe, respectful, and professional environment.

All clients, guests, and visitors must:

  • Treat staff and other clients respectfully
  • Follow all reasonable instructions provided by Studio personnel
  • Respect Studio property and equipment
  • Conduct themselves appropriately at all times

The following behaviour is prohibited:

  • Harassment or discrimination
  • Aggressive or threatening behaviour
  • Verbal abuse
  • Physical intimidation
  • Disruptive conduct
  • Refusal to comply with safety instructions
  • Damage to Studio property

The MagicMomentPhotoworks Inc. reserves the right to immediately suspend or terminate services without refund if inappropriate conduct occurs.

Individuals may be asked to leave the premises immediately and law enforcement may be contacted where appropriate.

APPOINTMENTS AND
LATE ARRIVALS

Clients are expected to arrive at their scheduled appointment time.

Late arrivals may result in a shortened session, with lost time deducted from the booked session period. Session fees remain payable in full regardless of late arrival.

CANCELLATIONS AND
RESCHEDULING

Requests to cancel or reschedule must be submitted at least twenty-four (24) hours prior to the scheduled session.

Requests received less than twenty-four (24) hours before the appointment may be subject to a cancellation or rescheduling fee.

Deposits, booking fees, and promotional sessions may be non-refundable unless otherwise stated in writing.

The Studio reserves the right to reschedule appointments due to illness, emergencies, weather conditions, equipment failure, or circumstances beyond its reasonable control.

ARTISTIC
DISCRETION

Photography and videography are creative services.

The Client acknowledges and accepts that all artistic decisions, including but not limited to:

  • Posing
  • Composition
  • Editing style
  • Retouching
  • Colour grading
  • Image selection
  • Delivery format

shall remain solely within the MagicMomentPhotoworks Inc. professional discretion.

Only photographs and videos selected by the MagicMomentPhotoworks Inc. will be delivered unless otherwise agreed in writing.

COPYRIGHT &
CONTENT OWNERSHIP

All photographs, videos, digital files, negatives, raw files, edited images, and related materials remain the exclusive intellectual property of the MagicMomentPhotoworks Inc.

The MagicMomentPhotoworks Inc. retains full copyright ownership of all content created during any session in accordance with applicable copyright laws. Any unauthorized copying, downloading, reproducing, editing, republishing, redistributing, tracing, manipulating, or commercially using any content from this website without prior written permission is strictly prohibited. By accessing this website, users acknowledge and agree that all creative materials and content belong solely to MagicMomentPhotoworks Inc.

No ownership rights are transferred to the Client unless expressly provided in writing.

PERMITTED
CLIENT USE

Upon full payment, the Client receives a non-exclusive, non-transferable license to use delivered images for personal, non-commercial purposes.

The Client may not:

  • Sell images
  • License images to third parties
  • Submit images for commercial publication
  • Alter images beyond standard cropping for personal use
  • Claim authorship of the images

without prior written consent from the MagicMomentPhotoworks Inc.

MARKETING AND
PROMOTIONAL USE

Unless otherwise agreed in writing before the session, the Client grants the MagicMomentPhotoworks Inc. permission to use selected photographs and videos for:

  • Portfolio display
  • Website galleries
  • Social media
  • Advertising campaigns
  • Promotional materials
  • Printed marketing materials
  • Business publications

The MagicMomentPhotoworks Inc. may use images that reasonably represent its work and services.

OPT-OUT
REQUESTS

Clients who do not wish their images to be used for promotional purposes must notify the Studio in writing before the session begins.

Requests submitted after publication will be reviewed; however, removal from previously published, distributed, archived, printed, or shared materials cannot be guaranteed.

DELIVERY
OF IMAGES

Delivery timelines vary depending on the service package selected.

Final edited images & videos are typically delivered electronically within one (1) to six (6) weeks following image selection and final processing.

Preview galleries may be provided where applicable.

Delivery dates are estimates and are not guaranteed.

LOSS OF FILES
OR DELIVERABLES

While reasonable precautions are taken to protect all digital files and deliverables, unforeseen events such as equipment failure, corruption, theft, cyber incidents, or acts beyond the Studio's control may occur.

In the event of loss, corruption, or inability to deliver images or videos, the Client's sole remedy shall be a refund proportional to the services not provided.

No additional compensation shall be payable.

LIMITATION
OF LIABILITY

To the fullest extent permitted by law, the MagicMomentPhotoworks Inc. total liability arising from any claim relating to services provided shall not exceed the total amount actually paid by the Client for the specific services giving rise to the claim.

The MagicMomentPhotoworks Inc. shall not be liable for:

  • Indirect damages
  • Consequential damages
  • Special damages
  • Lost profits
  • Emotional distress
  • Mental anguish
  • Reputational harm
  • Loss of opportunity

regardless of the cause.

PERSONAL
INFORMATION

When visitors contact MagicMomentPhotoworks Inc. through this website or through connected communication platforms, we may collect limited personal information including names, email addresses, phone numbers, inquiry details, event information, and message content.

We do not sell, trade, rent, or share personal information with third parties. Personal data collected through this website is handled responsibly and used only for legitimate business communication purposes.

COOKIES &
ANALYTICS

This website may use cookies, analytics tools, or similar technologies to improve website functionality, monitor performance, and enhance user experience. These technologies may collect non-personal information such as browser type, device type, website pages visited, geographic region, IP-related information, and time spent on the website.

THIRD-PARTY
LINKS

This website may contain links to external platforms including Instagram, YouTube, Vimeo, Pinterest, Facebook, or other third-party websites. MagicMomentPhotoworks Inc. is not responsible for the privacy practices, policies, security, or content available on external websites. Users access third-party platforms at their own discretion and responsibility.

DATA
SECURITY

We take reasonable technical and organizational measures to protect personal information and website content against unauthorized access, misuse, disclosure, alteration, or destruction. However, no internet-based platform or digital storage system can be guaranteed to be completely secure. By using this website, users acknowledge and accept the inherent risks associated with online communications and digital data transmission.

SECURITY
MONITORING

For safety, security, training, and quality assurance purposes, portions of the MagicMomentPhotoworks Inc. premises may be monitored by audio and video surveillance systems.

By entering the premises, visitors consent to such monitoring and recording.

Recorded footage may be disclosed to law enforcement, legal authorities, insurers, or other authorized parties where required by law or for legitimate business purposes.

All recordings are maintained and managed in accordance with applicable privacy legislation.

PROMOTIONS

Promotional offers:

  • Cannot be combined with other discounts
  • Cannot be transferred
  • Have no cash value
  • Are limited to one promotional session per household unless otherwise stated

The MagicMomentPhotoworks Inc. reserves the right to modify or discontinue promotions at any time.

FORCE
MAJEURE

The MagicMomentPhotoworks Inc. shall not be liable for delays, cancellations, interruptions, or inability to perform services due to events beyond its reasonable control, including but not limited to:

  • Severe weather
  • Natural disasters
  • Power outages
  • Government restrictions
  • Public health emergencies
  • Equipment failures
  • Labour disruptions

GOVERNING
LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Ontario.

SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

ENTIRE
AGREEMENT

This Agreement constitutes the entire understanding between the Client and the MagicMomentPhotoworks Inc. and supersedes all prior discussions, communications, representations, or agreements relating to the services provided.

By booking, attending, or participating in any session, the Client acknowledges acceptance of these Terms of Service, Liability Waiver and Release form.

ALL RIGHTS
RESERVED

©2026 MagicMomentPhotoworks Inc. All Rights Reserved. All images, videos, designs, creative concepts, branding materials, and website content are protected by copyright and intellectual property laws. Unauthorized use, duplication, reproduction, distribution, or commercial exploitation is strictly prohibited.

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