Terms and Conditions
Effective Date: February 19, 2025
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Mad Magic Photography (“Company,” “we,” “us,” or “our”), governing your access to and use of the website located at madmagic.co (the “Website”) and any related services provided by the Company. By accessing or using the Website, you signify your acceptance of these Terms. If you do not agree with these Terms, you must discontinue use of the Website immediately.
1. Definitions
1.1. “Services” refers to all photography and videography services offered by Mad Magic Photography, including but not limited to wedding photography, boudoir sessions, engagement shoots, portrait sessions, and related services.
1.2. “Agreement” refers to any signed contract or written agreement entered into between you and Mad Magic Photography for specific photography and videography services.
1.3. “Content” refers to all text, images, graphics, logos, and other materials made available on the Website.
2. Use of the Website
2.1. You agree to use the Website solely for lawful purposes and in accordance with these Terms.
2.2. You shall not:
a. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
b. Attempt to gain unauthorized access to any portion of the Website, its servers, or associated systems.
c. Use the Website to transmit spam, viruses, or any other malicious or harmful material.
2.3. We reserve the right to terminate or restrict your access to the Website at our sole discretion, without prior notice, for any violation of these Terms.
3. Intellectual Property Rights
3.1. All Content on the Website, including but not limited to photographs, graphics, text, and logos, is the exclusive property of Mad Magic Photography or its licensors and is protected by copyright, trademark, and other applicable laws.
3.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Content without prior written consent from us.
4. Photography Services and Booking
4.1. To secure a booking, a signed Agreement and payment of a non-refundable retainer fee are required. The terms of service for your specific session, including cancellation policies and payment schedules, will be outlined in your Agreement.
4.2. The Company reserves the right to decline or cancel any booking request at its sole discretion.
5. Payment Terms
5.1. All payments are due as outlined in your signed Agreement. Failure to make payments as agreed may result in cancellation of services.
5.2. Payment plans may be available upon request and are subject to approval by the Company.
6. Cancellations and Rescheduling
6.1. Cancellations by the Client:
a. Retainer fees are non-refundable under any circumstances.
b. Additional cancellation terms are outlined in your Agreement.
6.2. Cancellations by the Company:
a. In the event of unforeseen circumstances preventing the Company from fulfilling its obligations (e.g., illness, emergencies), all reasonable efforts will be made to reschedule or secure a replacement photographer.
6.3. Rescheduling requests are subject to the Company’s availability and may incur additional fees.
7. Liability and Disclaimer
7.1. The Company will exercise reasonable care in providing the Services but shall not be held liable for:
a. Acts of God, weather conditions, or other events beyond our control that may impact service delivery.
b. Loss or damage to photographs once they have been delivered.
c. Any indirect, incidental, or consequential damages arising out of or in connection with the Services or Website.
7.2. The Company’s total liability shall not exceed the amount paid for the Services under the relevant Agreement.
8. Privacy Policy
8.1. By using the Website, you consent to the collection and use of personal information as outlined in our Privacy Policy.
9. Third-Party Links
9.1. The Website may include links to external websites or services that are not owned or controlled by the Company. We are not responsible for the content, privacy practices, or terms of use of any third-party sites.
10. Governing Law and Dispute Resolution
10.1. These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
10.2. Any disputes arising out of or related to these Terms shall be resolved exclusively in the courts of the Province of British Columbia.
11. Modification of Terms
11.1. The Company reserves the right to update or modify these Terms at any time, with or without prior notice. Any changes will be effective immediately upon posting to the Website. Your continued use of the Website after such modifications constitutes your acceptance of the updated Terms.
12. Contact Information
12.1. For questions or concerns about these Terms, please contact us at:
- Business Name: Mad Magic Photography
- Email: hello[at]madmagic.co
- Website: madmagic.co
By using this Website or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.