Terms and Conditions
1. About these Terms and Conditions
This Terms and Conditions shall govern the provision of services to the undersigned client (the “Client”) by Studio Blanc MTL, INC.
This website www.studioblancmtl.com is made available subject to complying with our Terms and Conditions set out below.
The Terms and Conditions should be read in conjunction with our Privacy and Cookies Policy: www.studioblancmtl.com/privacy-policy/
These counterparts together form our terms and conditions and use of the Website constitutes an agreement by the user to be bound by these terms. If you do not wish to be bound by these Terms and Conditions you are advised not to use the website.
2. About Us
STUDIO BLANC MTL, INC provides ecommerce photography: product laydowns (packshots), ghost mannequin, on-model, lifestyle/lookbook and social content photography to brands, designers, wholesalers, shop owners and online retailers. We can be contacted directly by email to firstname.lastname@example.org.
3. General Terms
Users of this service must be at least 18 years old and be legally capable of entering into binding contracts. Access to those under 18 years old is not permitted.
If you are entering into this agreement on behalf of a company or other legal entity or person, your continued use represents to us that you have the authority to bind such entity or person to these Terms and Conditions.
The information and services available on the Website are provided for the purpose of enabling Users to order photographic services as packaged by STUDIO BLANC MTL, INC.
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
In these Terms and Conditions, the following meanings shall apply:
“Client” refers to any user registered as an individual, or company, that request services from STUDIO BLANC MTL, INC.
The “Agreement” shall govern the provision of services to the client
“ecommerce photography” products shot on models for websites, often on white background
“packshot” product photography that is taken, cut-out and placed on a white (or other background) for ecommerce websites
“We” “Our” “Us” or “STUDIO BLANC” refers to STUDIO BLANC MTL, INC
“Website” refers to our website, www.studioblancmtl.com and also the use of any apps, mobile or tablet platforms and any services provided by Us
6. Use of the Service
a) Client Obligation & Materials
STUDIO BLANC’s ability to perform its obligations under this Agreement may be dependent on the Client fulfilling its obligations. STUDIO BLANC shall not be liable for any costs, charges or losses sustained by the Client arising directly from any failure of the Client to fulfill its obligations under this Agreement.
Where photographs, illustrations or other visual materials are provided by the Client, they shall be of professional quality and in a form suitable for reproduction without further preparation or alteration. The Client shall pay all fees and expenses required to bring nonconforming materials up to such standards. The Client warrants that all assets, concepts, materials, specifications, information and instructions provided by Client or its agents may be exploited pursuant to this Agreement and any applicable Statement of Work, including on the Internet, without violating any laws and without violating or infringing any rights of any third parties.
b) Place an Order / Approval of Project
Users can Place an order by approving a project via communication in email, phone or other means. By placing an order, clients agree to our Terms and Conditions and will be legally bound by these. The contract between STUDIO BLANC MTL, INC and the client will be in force upon acceptance of the order and deposit payment has cleared. STUDIO BLANC MTL, INC retains the right to accept or refuse orders at our sole discretion. Clients will be informed of any orders which are refused or are unable to be fulfilled.
Ghost Mannequin, Product laydowns, Flatlay and Packshot packages include collection of items, steaming, photo shoot and retouch. Limited revisions to images, as detailed in section h.
On-Model Photo Service plus the addition of a trained stylists. A makeup artist can be added to the package at an additional fee. Model’s are not included but limited help casting can be provided via outreach on social media platforms. Otherwise, we will provide contacts to model agencies in Montreal
STUDIO BLANC MTL, INC can shoot any number of items.
We take great care in looking after your special items when shooting. All items must be suitably packaged and ready for collection on the arranged day. Third party couriers may refuse to transport any items not packaged appropriately. In this event, we shall not be liable for any delays to orders being processed or the consequences of late delivery.
For orders below 20sku’s, the client is responsible for arranging delivery from our address at 120-450 Sherbrooke East, Montreal, QC H2L 1J8. Clients should contact us at email@example.com or via the website to notify us of any arranged deliveries/collections.
e) Shooting your photos
Setup fee includes: tag removal for shooting, if possible, tags will be re-applied to item.. Items are steamed prior to shooting. Care will be taken to remove unflattering creasing during the shoot with further correction done in post-production as required. All post-production and retouch work is included in the price. We will do our best to colour match products during quality control.
For shoots of more than 1000 items please email firstname.lastname@example.org or send a message through our website contact form.
f) Use of models
We cannot guarantee the availability of any particular model, unrecognized or recognized. We shall not be liable for non-availability of models or any delays caused by third parties, including delays due to lateness or no shows, which are beyond the control of STUDIO BLANC MTL, INC.
g) Sample sizes
Sample sizes for females should be: Height: 165 cm; Chest: 78 cm; Waist: 64 cm;
Hip: 93 cm; Inside Leg: 90 cm.
Sample sizes for males should be: Height: 177 cm; Chest: 101 cm; Waist: 82 cm
Hip: 100 cm; Inside Leg: 98 cm.
Images will be delivered in either Hi-resolution TIF and Low-resolution web JPGs or PNGs according to client specifications. Clients should contact us in advance if other or multiple formats are required.
Items can be named based on a barcode at an additional fee. This can be added on our calculator or by phone prior to making the order. This is only possible if all items are tagged.
STUDIO BLANC MTL, INC retains the copyright to images produced by us, however, clients have full use of the images, including print. Images are for the client’s use only on their own branded website or social media pages. Clients must contact STUDIO BLANC MTL, INC for rights to other usage such as outdoor advertising, publishing, selling the photographs or using the images for commercial gain including but not limited to marketing and promotion. Images cannot be given to any third party under any circumstances.
i) Approval of images
Clients are required to give approval/sign-off for images before delivery. Clients will be notified when images are available to download via Dropbox online. Images will be available to download for 1 week only.
STUDIO BLANC MTL, INC will endeavour to meet a client’s requirements and should the client not be satisfied with the images, they must notify STUDIO BLANC MTL, INC within 48 hours. Ghost Mannequin, Flatlay and Packshot packages may be revised or reshot as agreed with us, providing the items are still held at our studio. On-Model packages can only be revised at the post-production stage. All revisions will be at the discretion of STUDIO BLANC MTL, INC and the final post production and editing styles, effects, and overall look of the images are solely at our discretion.
STUDIO BLANC MTL, INC do not accept any responsibility for late delivery of images to the client, or any subsequent costs incurred by the client, due to late delivery of images, or inability to open images.
Once the client has approved images, STUDIO BLANC MTL, INC shall not be responsible for any subsequent defective claims by the client. STUDIO BLANC MTL, INC will not be obliged to commit to any expenditure on behalf of the Client without first receiving written confirmation of the Client‘s instructions and STUDIO BLANC will not be responsible for the consequences of any delay on the part of the Client in providing such written confirmation.
j) Delivery and return of items
We aim to complete an order, shooting and retouching items, within 7 days from receipt of items, depending on the number of items. We shoot 5 days a week.
Once we have completed the work we will contact you to arrange a delivery day and confirm details for delivery of the items and images.
We do not provide insurance cover for any items whilst in our possession at our studio. Clients are solely responsible for ensuring that they have adequate insurance cover for all items provided to us for photographing.
Clients acknowledge that whilst items are in transit to or from our studio, the third party delivery company or courier will be responsible for the items. Clients are responsible for ensuring that appropriate and adequate insurance is in place. STUDIO BLANC MTL, INC does not accept any responsibility for items lost in transit.
7. PAYMENT & LATE-PAYMENT CHARGES
The Client shall pay STUDIO BLANC for the work performed hereunder as set forth on the applicable project request. In no event will any payment under this Agreement be contingent on receipt of any monies or other compensation by the Client. Delays resulting from the action or inaction of Client may result in an adjustment in fees by STUDIO BLANC, subject to Client approval. Each invoice hereunder is due and payable within 30 days after its invoice date.
All rights of the Client herein are conditioned on STUDIO BLANC’s receipt of full payment. In addition, STUDIO BLANC may suspend performance of services and withhold delivery of materials until payment in full of all amounts due. STUDIO BLANC shall not be liable for any damages, losses or liabilities that may arise out of STUDIO BLANC’s suspension of performance and/or withholding of materials due to Client’s non-payment. Late payments shall accrue interest at the rate of 3.5% per month. STUDIO BLANC shall be entitled to all of its costs of collection of amounts outstanding hereunder, including without limitation, the fees of its attorneys.
We reserve the right to revise our prices and to notify you of any pricing changes by posting these on the website. All charges will be subject to the relevant taxes being applied at the time of purchase.
8. LIABILITY OF STUDIO BLANC
STUDIO BLANC shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including delays and non- performance caused by viruses, denial of service attacks, other acts or omissions by third parties, Internet service providers, the Client or its contractors, strikes, lockouts, work slowdowns or stoppages, accidents, fires, acts of God, terrorism, failure by the Client to timely furnish information or approve or disapprove work, or faulty performance by the Client or others, including third-party contractors hired by STUDIO BLANC or by Client. STUDIO BLANC shall not be liable for any indirect, third-party, incidental, special, consequential, exemplary or punitive damages arising out of this Agreement. STUDIO BLANC’s maximum liability under this Agreement shall not exceed the total fees received by it hereunder.
9. RIGHTS, OWNERSHIP AND USAGE
Subject to STUDIO BLANC’s receiving full payment under this Agreement, STUDIO BLANC assigns to the Client, without representation or warranty, all rights, title and interest STUDIO BLANC may have in any work specifically created by STUDIO BLANC for the Client pursuant to this Agreement, except that:
(a) STUDIO BLANC may use and distribute such work as part of its portfolio for promotional purposes;
(b) STUDIO BLANC shall own and retain all rights to any and all concepts, ideas, designs, proposals and other work and materials (collectively, “Work”) which have been presented to the Client but not included in the final work product;
(c) STUDIO BLANC shall own and retain all rights to any technology, technical documentation, inventions, algorithms, software, architecture, logic, navigation, 3d modeling files, animation files and other source files for front-end deliverables, computer programs, source codes, game engines or other backend and background elements, files and features incorporated into or utilized by the Work (collectively, “Background Technology”).Unless the parties agree other- wise in a written and signed Statement of Work, STUDIO BLANC shall retain ownership of any and all Background Technology, including any and all associated intellectual property rights. STUDIO BLANC hereby grants to Client a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, distribute, display and perform STUDIO BLANC’s Background Technology, in compiled machine readable object code form only, to the extent incorporated into deliverables provided hereunder strictly for the purposes and in the territories set out in the applicable Statement of Work. Use of Background Technology for any other project, on any other website or in any other medium shall be subject to additional fees and licenses which may be granted or withheld by STUDIO BLANC in its sole discretion; and
(d) If the Client desires to utilize any of the Work, whether accepted or rejected by the Client hereunder, for any marketing campaign, promotion, product, service, advertisement or any other purpose outside the scope of this Agreement, then the Client shall hire STUDIO BLANC to design, create, develop, market and otherwise implement such work. The Client may solicit or hire a third party to implement such Work if, and only if, STUDIO BLANC declines to do so and such third party is hired on terms in no way more beneficial than the terms first offered to STUDIO BLANC.
These Terms and Conditions shall be in force on your use of the Website and registration of an account/login.
If there is a long period of inactivity on a registered account, we may contact you to confirm that you still wish to be registered. If we are unable to contact you, we reserve the right to suspend or remove your registration from the website.
We reserve the right to limit or prevent access to the STUDIO BLANC MTL, INC website on a temporary or permanent basis for any user, if there is a breach of our Terms and Conditions. If any user consistently breaches these Terms and Conditions, we may at our sole discretion terminate your agreement for services and block or limit access to the website.
Packages provided by STUDIO BLANC MTL, INC are specific to each client and consequently the 14-day statutory cancellation period does not apply. No refunds will be made once delivery of a service for a client has commenced.
If you suspect or know that your account or bank account has been used fraudulently you must notify us immediately.
13. Limitation of Website Use
You may only use this website for lawful purposes when purchasing photography services from Us as available on the Website and in accordance with these Terms and Conditions.
STUDIO BLANC MTL, INC reserves the right to cancel or suspend any agreement for services on the Website at any time at their sole discretion.
14. Data Protection
Under the Data Protection Act (DPA) 1998 (and from 25 May 2018, the General Data Protection Regulation), data subjects have the right to access any data personal data kept by us through a Subject Access Request (SAR).
It is the responsibility of the seller to ensure that any data held as a data controller that contains a user’s personal information is held in accordance with the DPA and all applicable data protection laws.
As permitted under the data protection legislation we store a user’s personal data only for as long as necessary and for legitimate purposes. We are not responsible for its accuracy or ensuring that it is up-to-date.
We do not pass your information to any third parties except those who have contractually agreed to our service terms and conditions. Data is not used or sold outside of the agreed terms and conditions.
We retain the right to respond to legal requests as necessary.
15. Intellectual Property
STUDIO BLANC MTL, INC reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website by STUDIO BLANC MTL, INC.
Photos and images produced by us remain our intellectual property at all times and Clients are given a licence to use such only in accordance with these terms and conditions and as stated in clause 7g. The licence to use images may be withdraw by STUDIO BLANC MTL, INC at any time if there is reason to belief that our intellectual property has been compromised by the Client.
Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free licence to use such information and material in relation to the services we provide under our Terms and Conditions.
16. Changes to Terms and Conditions
These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.
If you have any questions regarding this Policy or any issue regarding our approach to privacy, you should contact us by email to email@example.com.
This Agreement shall be interpreted and construed in accordance with the laws of the Province of Quebec, without regard to any conflict of laws principles. Each party hereby irrevocably consents to the exclusive jurisdiction of the Provincial and Federal courts sitting in the Province of Quebec for the purpose of hearing and deciding any and all disputes, claims and controversies arising out of and relating to this Agreement. The prevailing party in any such action or proceeding shall be awarded all of the costs and fees incurred by it reasonably related thereto, including the fees of its attorneys.
STUDIO BLANC MTL, INC takes all reasonable care in the services provided under this agreement, but shall not be liable for any loss or damage suffered by the client or by any third party arising from use or reproduction of any of its images.
To the full extent permissible by law STUDIO BLANC MTL, INC disclaims all responsibility for damage or loss howsoever arising including but not limited to loss of projects, loss of profits, loss of data or consequential or indirect losses arising in contract, tort or otherwise from the use of or inability to use the website and/or any information or materials on www.studioblancmtl.com.
Nothing in these Terms and Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or any other liability which shall not be excluded or limited by law.
19. No Waiver
No failure or delay by STUDIO BLANC MTL, INC in exercising any of its rights shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
20. Force Majeure
STUDIO BLANC MTL, INC shall not be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of STUDIO BLANC MTL, INC.
21. Entire Agreement
By using this website, users accept that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
23. No Partnership
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these Terms and Conditions.
24. Third Parties
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Access to the clients area of the website shall be personal to the individual client. The user may not assign, mortgage, charge or sub-license or otherwise delegate any of its rights, or sub-contract or otherwise delegate any of its obligations including to any other agency user, whether internally or to at another agency, without the written consent of STUDIO BLANC MTL, INC.
Notices sent to you by e-mail will be deemed to have been received twenty-four hours after sending. We can be contracted by email to firstname.lastname@example.org.
The postal address for all notices and correspondence is:
STUDIO BLANC MTL, INC
120-450 Sherbrooke East
27. Jurisdiction and Governing Law
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of Canada and each party submits to the exclusive jurisdiction of the Quebec provincial courts.