Terms of Service
Our goal at Focal is to help you tell your story through premium photography. If you are dissatisfied with any aspect of your experience, please let us know. We will do what we can to make things right.
Please read carefully through the policies contained in the advertised packages as they are individually set by the photographer. For customized packages, please read the policy details contained in the custom invoice sent to you confirming details of the photoshoot.
If there is ever a discrepancy between policy details listed on the Marketplace versus policy details listed on the invoice, the latter shall take precedence.
Cancellation terms and refund amounts are set by each individual photographer. A booking is considered cancelled when the client messages the photographer in writing.
In the event of a photographer-initiated cancellation, Focal will work with the customer to find a suitable alternative.
The following circumstances will be considered Exceptional Circumstances which are out of a photographer’s or customer’s control and give Focal the discretion and permission to override the Cancellation Policy and make refund decisions, or to waive cancellation penalties:
1. unexpected death or serious illness of a photographer, customer or immediate family member;
2. serious injury;
3. natural disaster (including pandemics) or severe weather that impacts the photoshoot;
4. travel restrictions that arise outside of a photographer’s or customer’s control;
5. government-mandated obligations issued after the time of booking;
6. unforeseen circumstances that impact the ability to safely engage in the photoshoot; or
7. any additional circumstances deemed relevant by Focal, in its sole discretion.
There are two payment schedule options set by the photographer:
1. Payment in full at the time of booking
2. 50% deposit at the time of booking, 50% remainder due 3 days after the photoshoot
Payments may be made by credit card upon receiving an invoice. Payments are processed securely using Stripe.
Any overdue amounts are subject to a late payment interest charge of 2% per month (26.8% per year) until paid in full. Furthermore, you agree to pay Focal $25.00 if your credit card payment is denied due to insufficient funds.
The photographer will grant clients either a Personal Use Licence or a Commercial Use Licence. Please read the details contained in the invoice.
Generally, Personal Use allows the client to use the Photographic Work for self-promotion. The client may make unlimited reproductions of the Photographic Work for family and friends both online and offline. Commercial Use allows for use of the Photographic Work to promote their business or other products.
At all times the photographer will retain copyright of the images.
Focal is granted a perpetual, fully-paid, worldwide, non-exclusive licence to use any of these photos for self-promotion. Credit will be given to the photographer. If you as a client do not want your images used in this manner please let your photographer or Focal know at any point in time and we will honour your request.
In general, photoshoots will take place rain or shine. For outdoor shoots, an agreed alternate location may be planned in advance.
Shoots will only be cancelled and a full refund given in the most extreme circumstances. If the shoot can be rescheduled there will be no additional fees for the customer.
Shoots may be extended with mutual consent. The possibility of an extended shoot should be discussed beforehand to ensure availability. The hourly package rate will apply but may vary according to the photographer and package.
Reshoots can be arranged at a cost of 50% of the hourly package rate. Again, this may vary with each photographer and package.
Photographers may offer prints and other non-digital products. If these are paid for through the Focal invoicing / payment platform, they will be covered under the Focal Satisfaction Guarantee.
Photographers may list possible extra fees depending on the shoot requirements. These fees would include travel, special permits, hair & makeup, second shooter, enhanced editing, rush delivery, last-minute shoots, props and large groups.
Upon the completion of a photoshoot and delivery of the Photographic Work, clients are invited to leave public reviews and submit ratings.
Ratings and reviews reflect the opinions of the individuals who provide them and do not reflect the opinions of Focal. Focal does not verify ratings and reviews for accuracy.
Clients agree that ratings and reviews will be honest, fair, truthful and factual and will not contain offensive, defamatory or discriminatory language.
Focal shall not be liable to you for any injury, loss, expense, or damages incurred or sustained by you or any member of your family arising from, relating to, or connected with the use of the Focal Website and Service, including without limitation, the acts or omissions of your chosen Focal photographer.
In the unlikely event that the photographer cannot complete their obligations in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to the photographer’s illness or injury, then Focal will make every effort to secure a replacement photographer. If a suitable replacement is not found, the client agrees that the responsibility and liability is limited to the return all fees paid to Focal for that particular photoshoot.
You must be least 18 years of age or older to use the Focal Website and Service. If you are less than 18 years, you will need a parent or guardian’s written permission to book a shoot.
These Terms of Service shall be governed by and construed in accordance with the substantive laws of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to the conflict of law rules of British Columbia. By using the Focal Website and Service, you agree to irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of British Columbia with respect to any legal action or proceeding which may be brought at any time arising from or relating to the Focal Website or Service.
We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data.
Your use of the Focal Website and its Services indicates that you agree to these Terms of Service and that you agree to be legally bound by them. If you do not agree to these Terms of Service Conditions, do not proceed to make an online booking with Focal.
