Terms of Service (TOS) and Privacy Policy

Effective Date: Sept 1, 2024

 

Terms of Service

  1. Introduction

Welcome to McAnerin Studios (“we,” “our,” “us”). McAnerin Studios is a brand owned entirely by McAnerin International Inc, whose CEO is Ian McAnerin. By accessing or using our website, services, or making purchases, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our website or services.

  1. Services

We provide photography services, including but not limited to portrait sessions, event photography, and commercial photography. The services are available for booking through our website mcanerin.ca.

  1. Bookings and Payments
  • Bookings: All photography sessions are booked subject to availability. A non-refundable deposit may be required at the time of booking to secure your appointment.
  • Cancellations and Refunds: Cancellations made within 48 hours of the scheduled session are subject to a cancellation fee. The deposit will not be refunded, except under exceptional circumstances at our sole discretion.
  • Payments: Full payment for services is required before the delivery of any photos. We accept payments via credit card, e-transfer, or other methods as indicated on our website.
  1. Intellectual Property
  • Ownership of Photographs: All photographs taken by us are the intellectual property of McAnerin Studios and are protected by copyright laws in Canada and internationally. Clients receive a limited license to use the images for personal or agreed-upon commercial purposes as described in the relevant contracts.
  • License to Use: Clients are granted a non-exclusive, non-transferable license to use the images for personal use or for commercial purposes as outlined in specific agreements. The images may not be sold or reproduced without our express written permission.
  • Photographer’s Use of Images: We reserve the right to use images from your session for promotional purposes on our website, social media, or other marketing materials unless otherwise agreed upon in writing.
  1. Client Responsibilities
  • Model Release: By booking our services, you agree to sign any necessary model release forms allowing us to use the images for self-promotional purposes.
  • Photo Usage: You agree not to alter the images by applying additional filters or modifications without our consent. We ask that credit be given to Ian McAnerin, on any images shared on social media or in public-facing channels. The Instagram account for credit is @mcanerin.
  1. Limitation of Liability

We will not be liable for any indirect, incidental, or consequential damages arising out of the use of our services or website, including but not limited to, loss of data, profits, or business opportunities.

  1. Governing Law

These Terms will be governed by and construed in accordance with the laws of Alberta and applicable Canadian law. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of Alberta, Canada.

  1. Dispute Resolution and Arbitration:Any and all disputes, claims, or controversies arising out of or relating to this Model Release Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the photographs or images in any form or media (collectively, “Disputes”), shall be resolved exclusively by binding arbitration.
    1. Arbitration Rules and Venue: The arbitration shall be conducted in accordance with the rules of [Insert Relevant Arbitration Association] as in effect at the time of the dispute, except as modified by this agreement. The arbitration shall take place in [City/State/Location] or at another mutually agreed upon location.
    2. Arbitrator Selection: The arbitration shall be conducted before a single neutral arbitrator mutually agreed upon by the parties. If the parties are unable to agree upon an arbitrator within [30] days of the initiation of arbitration, either party may apply to [Insert Arbitration Association] to appoint the arbitrator.
  1. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services following such changes constitutes your acceptance of the revised Terms.

 

 

 

 

 

Privacy Policy

  1. Introduction

At McAnerin Studios your privacy is of paramount importance. This Privacy Policy outlines how we collect, use, and protect your personal information in accordance with the Personal Information Protection Act (PIPA) of Alberta and applicable Canadian privacy laws.

  1. Information We Collect
  • Personal Information: We collect personal information that you provide to us directly, such as your name, email address, phone number, and payment information when you book a session or make an inquiry.
  • Photographic Information: During your photography session, we collect and store images and any associated data (e.g., time, location).
  • Website Usage Data: We may collect non-personal information about your visit to our website, such as your IP address, browser type, and browsing behavior, for analytics purposes.
  • Advertising data: We may use information or data collected by advertising platforms such as Google and Meta to effectively target or avoid targeting people who interact with our advertising.
  1. How We Use Your Information
  • To Provide Services: We use your personal information to schedule appointments, process payments, and deliver photography services.
  • Communication: We may use your email or phone number to send you booking confirmations, session reminders, or follow-up communications.
  • Marketing and Promotion: With your consent, we may use your images on our website, social media, or marketing materials.
  • Analytics: Non-personal data collected through our website may be used to improve our services, website functionality, advertising, and user experience.
  1. How We Share Your Information
  • Third-Party Service Providers: We may share your information with third-party providers for payment processing, photo hosting, or cloud storage. These providers are bound by confidentiality agreements and cannot use your data for any purposes other than providing services to us.
  • Legal Requirements: We may disclose your personal information if required by law or in response to valid legal processes such as a subpoena or court order.
  1. Data Security

We take reasonable steps to protect your personal information from unauthorized access, disclosure, or misuse. However, no data transmission over the internet can be guaranteed as completely secure, and we cannot warrant the security of your information during transmission to or from our website.

  1. Your Rights
  • Access and Correction: You have the right to access and correct any personal information we hold about you. To do so, please contact us at [email protected].
  • Withdrawal of Consent: If you wish to withdraw your consent to our use of your personal information, please notify us. Please note that withdrawing consent may affect our ability to provide services.
  • Complaints: If you have any concerns or complaints regarding our handling of your personal information, you may contact the Alberta Office of the Information and Privacy Commissioner (OIPC).
  1. Cookies

Our website uses cookies to enhance your experience and track website performance. You can set your browser to refuse cookies or alert you when cookies are being sent. However, some features of the website may not function properly without cookies.

  1. Retention of Information

We retain personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law. Images from sessions are kept for a reasonable period unless otherwise requested by the client.

  1. Changes to Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time. Any changes will be effective upon posting to our website, and your continued use of our services indicates your acceptance of any changes.

Contact Information

If you have any questions or concerns regarding our Terms of Service or Privacy Policy, please contact us at:

McAnerin Studios
722 Coventry Dr. NE, Calgary, AB, Canada. T3K4C6
Email: [email protected]
Phone: (403) 880-1409