Terms of use

By accessing or using this website, submitting an inquiry or booking request, or otherwise engaging with McManus Photography (“we”, “us”, “our”, the “Studio”), you agree to these Terms of Use and to our Privacy Policy. If you are entering into these terms on behalf of another person or an organization, you represent that you have authority to bind them.

You must be the age of majority in your jurisdiction to submit a booking. Bookings involving minors must be made by a parent or legal guardian.

All photographs, videos, edits, retouching, page copy, layout, design, code, branding, graphics and other content on this website and delivered to clients are the exclusive property of McManus Photography or its licensors. Every image is protected by the Copyright Act (Canada), international copyright treaties, and the laws of the jurisdictions where they are accessed. Copyright in every photograph created by the Studio remains with the Studio at all times and is not transferred by payment, delivery, download or any other act.

You may not — without our prior written, signed licence — copy, reproduce, duplicate, download, screenshot, screen-capture, print, repost, reprint, redistribute, resell, sublicense, publish, broadcast, exhibit, or otherwise use any image, photograph, video or content from this website or from any delivered gallery, in whole or in part, for any purpose. This includes, but is not limited to:

• cropping, filtering, recolouring, retouching, watermarking, adding text to or otherwise altering Studio images;
• removing or obscuring any watermark, credit, metadata, signature or copyright notice;
• using any image for commercial, promotional, editorial, resale, print-on-demand, merchandising, stock-library or advertising purposes;
• entering, submitting or licensing images to any contest, publication, award, stock site or database;
• using any image or content to train, fine-tune, prompt, or otherwise develop artificial intelligence or machine-learning systems;
• using automated means, bots, scrapers, spiders, indexers, harvesters or scripts to extract, copy or store any content from this site;
• framing, inline-linking or hot-linking images without express written consent;
• claiming authorship of any Studio image, or using it in a manner that suggests sponsorship, endorsement or affiliation by the Studio.

Any unauthorized use is copyright infringement, theft of intellectual property, and a breach of these terms. We will investigate all unauthorized use, and we will pursue the full remedies available under the law. This includes statutory damages, actual damages, injunctive relief, legal costs, and any other remedy a court may award. We will follow through with the force of the law and will not hesitate to refer serious or repeated infringement to law enforcement, public authorities, and our legal counsel. If you believe your rights have been infringed by a third party, notify us at mallory@mcmanusphotography.com.

Clients who have paid in full receive only a limited, non-exclusive, non-transferable, revocable licence to use the specifically delivered images for personal, non-commercial purposes — such as personal social media, personal prints, and sharing with family and friends — with credit to McManus Photography where reasonably possible. This licence does NOT grant any right to copy, distribute, sell, license, edit, or commercialize the images. Any commercial, brand, vendor, editorial, resale, promotional, or advertising use requires a separate written and signed licence from the Studio, at our sole discretion.

This licence is granted only to the client named in the invoice and cannot be assigned, sublicensed, transferred or shared with any other person or business. The licence is void while any invoice remains unpaid, and it terminates immediately upon any breach of these terms. Upon termination or expiry of the licence, the client must remove any remaining copies of the images from their own devices and online accounts, except for personal archival copies already printed or saved for personal use. Any continued use beyond the scope of this licence is unauthorized and will be treated as copyright infringement.

Vendors, publications, businesses, blogs, news outlets, event planners, venues, and any other third party may not use, post, print, reproduce, crop, watermark, or otherwise exploit any Studio image for any purpose without a separate written and signed licence from us. A guest may not reproduce, sell, commercially exploit, or claim ownership of any image. Sharing a gallery link, screenshot, or social-media post does not grant any rights beyond the very limited personal licence described above.

If a third party requests or uses an image without our authorization, the client is not permitted to forward, share, or grant access in a way that facilitates that use. Third parties found using images without a licence will be contacted directly and will be subject to the same enforcement and legal remedies described in Section 2.

Submitting an inquiry or booking request through this website is a request only; it does not create a contract, hold a date, or oblige us to provide services. Prices, packages, promotions, availability, service descriptions and calendar information shown on this site are for information only, may contain errors or omissions, and may change at any time without notice. Every quote is confirmed in writing, and promotional pricing applies only where its stated conditions and dates are met.

A date is reserved only when a signed session agreement and the required non-refundable retainer or deposit have both been received. Until then, dates remain available to others. The retainer compensates the Studio for reserving the date and declining other work and is not applied as a refund in the event of cancellation or postponement by the client, except where the signed agreement or applicable law provides otherwise.

The signed session agreement governs coverage, deliverables, timelines, travel, payment schedule, rescheduling, cancellation, image usage and any other commercial term, and it takes precedence over anything stated on this website in the event of a conflict.

We reserve the right to decline or cancel any booking at our discretion, including where conduct is abusive, unsafe, discriminatory or unlawful, where information provided is inaccurate, or where payment is not made when due.

Artistic and editorial judgment — including composition, framing, colour treatment, editing style and image selection — rests solely with the Studio. Unedited files, outtakes, RAW captures and rejected frames are not part of any deliverable and will not be provided.

Outdoor sessions depend on weather, light, permits, site access and the cooperation of people and animals present. Where circumstances beyond our reasonable control prevent or materially impair a session, we will use reasonable efforts to reschedule within our available calendar; rescheduling is our sole obligation in such circumstances.

You are responsible for the safety and conduct of your party, for securing any permission or permit required for a chosen location, and for informing us of hazards, allergies, animal behaviour concerns or accessibility needs in advance.

Amounts are payable in Canadian dollars unless stated otherwise and are due on the dates set out in your agreement or invoice. Late amounts may pause work and delivery. Initiating a chargeback or payment dispute for services rendered or for a non-refundable retainer does not relieve you of your obligations under the signed agreement, and you remain liable for the amount owed together with reasonable costs of recovery.

Delivery timelines quoted are estimates. Online galleries are a delivery mechanism, not a permanent archive, and may expire or be removed after the period stated at delivery. You are solely responsible for promptly downloading your images and maintaining your own backups. We keep archives as a courtesy only and make no guarantee that files will remain available or recoverable after delivery.

Where your signed agreement permits, you grant us an irrevocable, royalty-free right to use images from your session for portfolio, website, social media, print samples, competitions, publication submissions and Studio advertising. You confirm that every adult attending has been informed of this and that you have authority to consent on behalf of any minor in your care. If you have asked in writing that your images remain private, we will honour that request as described in our Privacy Policy.

This website — including its design, layout, code, structure, branding, text, photographs, graphics, user interface, typography, animations, and all underlying functionality — is protected by copyright, trade dress, and other intellectual-property laws. You may not copy, mirror, scrape, frame, reverse-engineer, decompile, or reproduce any part of this website for any purpose without our prior written permission. You may not use any part of the site to create a competing website, template, theme, or derivative work.

This website is provided on an “as is” and “as available” basis. We do not warrant uninterrupted or error-free operation and may modify, suspend or discontinue any part of it without notice. You agree not to attempt unauthorized access to any account, administrative area or database, not to interfere with the operation or security of the site, and not to submit false, misleading, unlawful or infringing content. Any violation may result in immediate termination of access, legal action, and a claim for damages.

To the fullest extent permitted by law, we disclaim all warranties, conditions and representations of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. Nothing on this website constitutes legal, financial or professional advice, and no statement here creates any warranty beyond what is expressly written in a signed agreement.

To the fullest extent permitted by law, McManus Photography and its owner, employees, contractors, second shooters and assistants will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for loss of profits, opportunity, data, images, goodwill or emotional distress, arising out of or related to this website, a booking, a session, or the delivery or loss of images, even if advised of the possibility of such damages.

Our total aggregate liability for any claim, whether in contract, tort, negligence, statute or otherwise, is limited to the amount actually paid by you to the Studio for the specific services giving rise to the claim, and where no amount has been paid, to CAD $100. In the event of equipment failure, loss, theft, corruption or destruction of images, illness, injury, emergency or other cause preventing full performance, our liability is limited, at our option, to a refund of amounts paid for the affected services or the reshoot of a comparable session where reasonably practicable. Certain jurisdictions do not permit some of these exclusions; in that case they apply to the maximum extent permitted.

You agree to indemnify, defend and hold harmless McManus Photography and its personnel from and against any claim, demand, loss, liability, damage, fine or expense (including reasonable legal fees) arising out of your breach of these terms, your misuse of images or website content, injury or damage caused by you or your party during a session, your failure to obtain a required permit or permission, or any claim by a third party relating to consent or usage you represented that you had authority to give.

Pricing, contract terms and business information we share with you in the course of a quote or engagement are provided in confidence and may not be published or shared with competitors. Honest reviews are always welcome; you agree not to publish knowingly false or misleading statements about the Studio. Concerns should first be raised with us directly so we have an opportunity to resolve them.

These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-laws principles. The parties will first attempt to resolve any dispute in good faith by direct discussion and, failing that, by mediation in British Columbia with costs shared equally. Any remaining dispute is subject to the exclusive jurisdiction of the courts of British Columbia sitting in or nearest to Chilliwack, and each party attorns to that jurisdiction.

Any claim must be commenced within one (1) year after it arises, to the extent such a limitation is permitted by law, after which it is permanently barred. Claims must be brought individually and not as part of any class or representative proceeding.

If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in full force. Our failure to enforce a provision is not a waiver of it. You may not assign your rights without our written consent; we may assign these terms in connection with a transfer of the business. These terms, together with any signed session agreement and our Privacy Policy, form the entire agreement between us regarding their subject matter.

We may revise these terms at any time by posting an updated version with a new effective date. Continued use of this website after posting constitutes acceptance of the revised terms.

Questions about these terms, licensing requests and notices of suspected infringement may be sent to mallory@mcmanusphotography.com. Please include the URL, a description of the work and the nature of your request.