PHOTOGRAPHY & RETOUCHING SERVICE AGREEMENT
Terms of Service
Service Provider: Ekaterina Konovalenko — Photography & Retouching
Location: Cold Lake, Alberta, Canada
Email: cotopie.photo@gmail.com
Phone: +1-368-999-7681
Website: https://cotopie.com
Effective Date: October 26, 2026
1. About This Agreement
This Photography & Retouching Service Agreement (“Agreement”) establishes the terms under which Ekaterina Konovalenko (“Photographer, ” “I, ” or “me”) provides photography, photo editing, and retouching services to clients (“Client” or “you”).
This Agreement applies to portrait photography, family and individual sessions, small events, business headshots, product photography, professional retouching, and other photography services unless separate written terms are agreed upon.
The specific services, session date, location, package, deliverables, total price, applicable taxes, and payment arrangements will be confirmed with the Client before booking.
By expressly accepting this Agreement through an electronic form, electronic signature, or other documented written confirmation, the Client agrees to its terms.
A booking or payment alone does not replace the requirement to provide the Client with the applicable terms and obtain agreement to them.
Nothing in this Agreement limits any rights or protections that cannot legally be waived under applicable consumer protection laws.
2. Photography & Retouching Services
The Photographer provides services including:
- Individual, couple, family, and portrait photography.
- Small-event photography.
- Professional headshots and personal branding photography.
- Product and jewellery photography.
- Beauty, fashion, creative, and commercial retouching.
- Passport, visa, identification, and immigration document photography.
The selected service, duration, number of final images, editing requirements, and delivery arrangements will be specified in the booking confirmation.
Any additional services requested after confirmation may require an additional fee, disclosed and approved before the additional work begins.
The Photographer reserves creative discretion over photographic composition, lighting, image selection, and editing style, consistent with the portfolio and any agreed project requirements.
3. Booking & Deposit
For standard photography sessions, a $50 CAD booking deposit is required to reserve the agreed date and time, unless otherwise specified.
The deposit:
- Is applied toward the total session price.
- Reserves the agreed appointment.
- Is refundable or retained according to Section 5.
- Is not an additional charge on top of the agreed session price.
A booking is confirmed once the Client has accepted the applicable terms, the Photographer has confirmed availability, and the required deposit has been received.
The remaining balance is due on the day the photography session is completed, unless otherwise agreed in writing.
Passport and document photography follow the separate payment and booking terms in Section 13.
4. Pricing & Payment
All prices are quoted in Canadian dollars (CAD).
The full price, applicable taxes, and any additional known charges will be communicated before the Client confirms the booking.
Accepted payment methods are:
- Interac e-transfer.
- Cash.
- Other payment methods expressly agreed upon.
For photography sessions, the remaining balance is payable on the day the session is completed.
For retouching and editing-only projects, payment arrangements will be confirmed before work begins and may require payment before final files are delivered.
Additional travel costs, studio rental fees, rush delivery charges, extra photographs, or additional retouching will be charged only if disclosed and accepted in advance.
The Photographer will not add optional services or charges without the Client’s agreement.
5. Cancellation, Rescheduling & Refunds
5.1 Cancellation by the Client
If the Client cancels more than 24 hours before the scheduled session, the $50 deposit will be refunded.
If the Client cancels within 24 hours of the scheduled session, the Photographer may retain the $50 deposit as an agreed late-cancellation charge for the reserved appointment, to the extent permitted by applicable law.
If the Client fails to attend the session without notice, the Photographer may retain the $50 deposit.
No additional full-session cancellation charge will automatically apply solely because of a missed appointment.
Any amount already paid beyond the applicable cancellation charge will be refunded for services not provided, subject to applicable law and any separately agreed, properly disclosed, non-recoverable expenses.
5.2 Rescheduling by the Client
Clients are encouraged to request changes at least 24 hours before their appointment.
When reasonable notice is provided, the Photographer will work with the Client to arrange an alternative available date, with the existing deposit applied to the rescheduled session.
Requests made within 24 hours will be considered individually based on availability and circumstances.
Any new fees must be disclosed and agreed upon before rescheduling is confirmed.
5.3 Cancellation or Rescheduling by the Photographer
The Photographer may need to reschedule due to illness, equipment failure, severe weather, unsafe conditions, or other circumstances beyond reasonable control.
If the Photographer cannot provide the agreed service, the Client may choose between:
- Rescheduling to a mutually agreed date.
- Receiving a full refund of all amounts paid for the affected service not provided.
5.4 Completed Services
Once a photography session or agreed retouching work has been completed, fees for properly delivered services are generally not refundable due solely to a change of mind or personal preference.
However, this does not limit the Client’s legal remedies if the service was not provided as agreed, was materially deficient, or if applicable law otherwise requires a refund or another remedy.
The Photographer will make reasonable efforts to resolve legitimate concerns regarding agreed deliverables.
6. Delivery of Photographs
For standard photography sessions:
- A preview of selected photographs is typically provided within 24 hours, when feasible.
- The final edited gallery is typically delivered within 10 business days after the session.
- Photographs are usually delivered through a private online gallery or secure download link.
These are standard estimated turnaround times. Any firm delivery deadline, including a date required for a specific event or purpose, must be confirmed in writing as part of the booking.
If an unexpected delay occurs, the Photographer will notify the Client as soon as reasonably practicable and provide a revised estimated delivery date.
The number of photographs included in the session is determined by the selected package or booking confirmation.
The Photographer selects the final photographs based on technical quality, composition, and the agreed style.
Online galleries remain available for the period communicated with the booking or delivery information.
Clients are responsible for downloading and backing up their delivered files before the gallery expires.
Long-term storage or permanent availability of downloadable galleries is not guaranteed unless expressly agreed.
Passport and document photography follow the separate delivery terms in Section 13.
7. Editing, Retouching & Final Files
Delivered photographs include professional editing consistent with the Photographer’s style and the selected package.
Standard editing may include:
- Colour and exposure adjustments.
- Cropping and composition refinement.
- Basic skin retouching where appropriate.
- General tonal and visual adjustments.
Advanced beauty retouching, extensive object removal, background replacement, body reshaping, compositing, and other complex modifications are not automatically included unless expressly specified in the selected package.
The Photographer determines the final creative treatment within the agreed project requirements.
Additional editing requests may be accommodated for an additional fee, which will be quoted and approved before work begins.
Requests to correct a genuine technical or delivery error attributable to the Photographer will be considered separately from optional creative revisions.
The Photographer does not provide unedited or RAW camera files unless a separate written agreement expressly provides otherwise.
The Client understands that photography and retouching are creative services and that minor differences in artistic interpretation do not automatically constitute defective service.
Nothing in this section removes the Client’s statutory rights or remedies.
8. Privacy, Confidentiality & Permission to Publish
8.1 Client Privacy
The Photographer respects the privacy of all clients and handles personal information in accordance with applicable privacy laws, including Alberta’s Personal Information Protection Act (PIPA), where applicable.
Personal information may include names, contact details, booking information, payment records, photographs, and information reasonably required to provide the requested services.
This information is collected and used for legitimate purposes associated with:
- Managing bookings and communication.
- Providing photography and retouching services.
- Delivering completed files.
- Maintaining appropriate business and financial records.
- Complying with applicable legal requirements.
Personal information may be shared with service providers when reasonably necessary to deliver the services, subject to appropriate privacy and security measures.
The Photographer does not sell client personal information.
Personal information is retained only as long as reasonably necessary for the identified purposes or applicable legal obligations.
Further information is available in the website’s Privacy Policy: https://cotopie.com/privacy-policy, if this is the published Privacy Policy address.
8.2 Portfolio & Promotional Use
Participation in a photography session does not automatically grant permission for the Photographer to publish identifiable client photographs.
The Photographer will obtain separate permission before using identifiable client photographs for:
- Online portfolios.
- Social media.
- Website galleries.
- Advertising and promotional materials.
- Photography competitions or public exhibitions.
Consent for promotional use is optional and is not a condition of booking or receiving photography services.
The Client may decline promotional use without additional fees or changes to the agreed service.
If consent is granted, the Photographer may use the approved photographs for the purposes described in that consent.
Clients may withdraw consent by contacting the Photographer in writing. The Photographer will stop future promotional use and remove content from channels under the Photographer’s control where reasonably practicable, subject to applicable law.
Withdrawal cannot always reverse distribution that occurred lawfully before withdrawal, including third-party reposts or printed materials already distributed.
8.3 Photography Involving Children
When photographs involve identifiable minors, appropriate consent from a parent or legal guardian will be obtained before promotional publication.
The Photographer may request confirmation of parental or guardian authority.
Children’s photographs will not be published solely because an adult booked or attended the session.
9. Copyright & Image Usage Rights
Unless otherwise agreed in writing, the Photographer retains copyright in the photographs and original creative work produced as part of the services, subject to applicable copyright law.
Upon full payment, the Client receives a non-exclusive licence to use the delivered photographs for the purposes applicable to the booked service.
9.1 Personal Photography
For personal portrait, family, couple, and similar sessions, the Client may:
- Download and store delivered photographs.
- Print photographs for personal use.
- Share photographs with family and friends.
- Publish delivered photographs on personal social media accounts.
The Client may not sell the photographs, license them to third parties, or use them in paid commercial advertising without written permission.
9.2 Business Headshots & Personal Branding
For business headshots and personal branding sessions, the Client may use delivered photographs for their own professional identity and business promotion, including:
- Business websites.
- Professional social media profiles.
- Resumes, biographies, and company directories.
- Marketing materials promoting the Client’s own professional services.
This licence does not permit resale, stock photography distribution, copyright transfer, or use by unrelated third parties.
9.3 Product & Commercial Photography
Commercial product photography, advertising campaigns, and commissioned business projects are subject to the usage rights stated in the booking confirmation or a separate written agreement.
Commercial usage terms should identify any applicable restrictions, including advertising channels, territory, duration, exclusivity, or third-party use.
9.4 Editing by Third Parties
Clients are encouraged to preserve the Photographer’s original editing style when sharing images publicly.
Substantial alterations should not be presented as the Photographer’s original finished work.
Nothing in this section prevents uses expressly authorized by the applicable licence or permitted by law.
10. Client Responsibilities, Conduct & Safety
The Client agrees to arrive on time and cooperate reasonably during the photography session.
Clients are responsible for communicating relevant session requirements, including any required photographs, locations, deadlines, accessibility needs, and special arrangements before the appointment.
For outdoor sessions, safety and weather conditions will be considered when deciding whether a session can proceed.
The Photographer is committed to providing a respectful and professional environment.
Harassment, threats, abusive conduct, or behaviour creating a genuine safety risk will not be tolerated.
The Photographer may suspend or end a session where continued performance would be unsafe.
Any resulting charges or refunds will be assessed reasonably according to the services already provided, the circumstances involved, and applicable law.
The Photographer is not responsible for delays caused by late arrival, lack of cooperation, or incomplete information provided by the Client, except to the extent the Photographer is legally responsible.
11. Liability & Unexpected Circumstances
The Photographer will exercise reasonable care and skill when performing photography and retouching services.
Despite reasonable precautions, unexpected events may occasionally occur, including:
- Equipment malfunction.
- File corruption or accidental data loss.
- Severe weather.
- Illness or emergencies.
- Other circumstances outside reasonable control.
If an agreed service cannot be completed or delivered due to such circumstances, the Photographer will promptly notify the Client and attempt to agree on a reasonable remedy, such as rescheduling, replacement services, or a refund.
To the extent permitted by applicable law, the Photographer’s contractual liability for losses arising from the affected photography or retouching service will be limited to the fees paid for that affected service.
This limitation does not apply where prohibited by law, including liability that cannot legally be excluded or restricted.
Nothing in this Agreement excludes the Photographer’s responsibility for negligence, misconduct, or breach of statutory obligations to the extent such liability cannot legally be limited.
12. Acceptance of Agreement & Applicable Law
12.1 Acceptance
Before confirming a booking, the Client will be provided with access to this Agreement and the relevant booking details.
The Client may accept the Agreement electronically by selecting an express acceptance checkbox, applying an electronic signature, or providing another clear, documented written confirmation.
The Photographer may retain records of acceptance, including the Client’s name, contact information, date and time of acceptance, the applicable Agreement version, and booking details, subject to applicable privacy laws.
The Client will receive or be provided with a retainable copy of the agreed terms and booking confirmation.
The Photographer will not apply revised terms retroactively to an existing booking without the Client’s agreement, except where required by law.
12.2 Applicable Law
This Agreement is governed by the laws of Alberta and the applicable federal laws of Canada, subject to any mandatory consumer protection rules or other rights that apply to the Client.
Any dispute will first be addressed through reasonable efforts to communicate and reach a mutually acceptable resolution.
Nothing in this Agreement prevents either party from exercising any rights or remedies available under applicable law.
12.3 Changes to These Terms
The Photographer may update these Terms of Service from time to time.
Updated terms apply to bookings accepted after the relevant effective date unless otherwise agreed in writing.
Previously confirmed bookings remain subject to the terms accepted at the time of booking, except as otherwise required by law or mutually agreed.
13. Passport, Visa & Document Photography — Special Terms
This section applies to passport photographs, visa photographs, permanent resident card photographs, work permit photographs, identification documents, and similar official document photography.
Where this section differs from the general photography terms, this section governs the document photography service.
13.1 Booking & Payment
The standard $50 photography booking deposit and the general 24-hour cancellation policy do not apply to routine document photography appointments unless expressly agreed in advance.
Payment is due at the appointment before the finished photographs or prints are provided.
13.2 Delivery
Document photographs are normally prepared and delivered on the same day.
Depending on the service purchased, delivery may include printed photographs and digital files.
The standard artistic photography gallery timelines do not apply.
13.3 Document Requirements
The Photographer will make reasonable professional efforts to produce photographs that meet the official specifications identified for the relevant document and issuing authority.
The Client is responsible for identifying the document type, country, and any special requirements before the appointment.
The Photographer cannot guarantee acceptance by a government department, consulate, immigration authority, or other issuing organization because the final decision rests with that authority.
13.4 Rejected Photographs
If a photograph is rejected because of a technical or formatting error attributable to the Photographer, the Photographer will provide a reasonable correction, reshoot, or replacement print at no additional charge.
The Client should notify the Photographer as soon as reasonably possible and provide the reason for rejection, where available.
If specifications have changed, incorrect requirements were provided, or the rejection is unrelated to the Photographer’s work, a new appointment or additional charge may be required, subject to applicable law.
13.5 Confidentiality & Data Protection
Document and identification photographs are treated as confidential.
They will not be used in portfolios, on social media, in advertising, or as promotional examples.
Document photographs will not be shared with unrelated third parties without appropriate authorization or another lawful basis.
Digital files will be stored securely and retained only as long as reasonably necessary for delivery, correction requests, legitimate business purposes, or legal obligations.
Files will then be securely deleted or otherwise disposed of in accordance with applicable privacy requirements and the Photographer’s retention practices.
13.6 Usage Rights
The Client may use their document photographs for personal identification, official applications, and other intended lawful document-related purposes.
No promotional publication rights are granted to the Photographer in respect of document photographs.
Contact Information
For booking questions, cancellation requests, privacy concerns, or questions about this Agreement, please contact:
Ekaterina Konovalenko — Photography & Retouching
Cold Lake, Alberta, Canada
Email: cotopie.photo@gmail.com
Phone: +1-368-999-7681
Website: https://cotopie.com
Last Updated: October 26, 2026