Terms and Conditions

Definition of Terms

1. By placing an order through this website, you (sometimes referred to herein as “Client”) are agreeing to commission montrealproduitphoto (sometimes referred to herein as “MPP”) to create and deliver photography services and images to you and you are agreeing to be bound by the following terms and conditions (“Terms of Service”).  The services offered by MPP under the Terms of Service include various photography services ( “Services”) and Images, which means all viewable renditions furnished by MPP hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever.

You can review the current version of the Terms of Service at any time at https://www.montrealproduitphoto.ca/terms-and-conditions

2. MPP reserves the right to update and change the Terms of Service by posting updates and changes to the MPP website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

3. By placing your order with MPP, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement.

Payment

1. For orders of 20 images or less, payment is not required at the time the Order is placed.

2. For orders greater than 20 images, MPP will send an estimate of costs and contract for execution to Customer which must be approved prior to the Order being placed. A deposit of 50% of the estimate will be required and payable through our online payment system.

3. If MPP received more products to photograph than the number of images ordered, MPP may, at its option, elect to:

  • 1. Photograph all provided products, contact Customer and inform it of the discrepancy and request additional payment, or
  • 2. Place the order “On Hold” until such time as Customer instructs which products should be shot and which should not be shot so that the total images do not exceed the number ordered.
  • 3. If MPP elects to shoot all products, Customer will be informed of such decision and MPP will provide all images with a watermark until the balance due for the additional images has been paid.

Refund Policy

1. Discounts are given based on the volume that is ordered. In the event of a partial refund and the original volume is 20 photos or below, the per photo price will change to reflect the new pricing as outlined on the pricing page.

  • For example, if an order is placed for 50 photos at the bulk discounted rate of $15.00 per photo and there is a refund for 25 photos, the new price would be $20.00 per photo and the refund would reflect this new volume pricing, not the original volume.

2. All refunds are final and will only be provided at the end of the order.

Image Approval / Disapproval Policy

1. Customer will be given an opportunity to approve or disapprove images at the conclusion of the photoshoot and only after all images are posted for Customer download by responding to a MPP email indicating that shooting has been completed (the “Approval Email(s)”).

2. Failure to respond for any reason within 7 days to the “Request For Approval Emails” will result in those images being automatically approved.

3. Once an image is approved by the customer then no future refunds can be issued or complementary redos, retouching or changes are allowed.

4. In the event Customer disapproves of an image, the following requirements must be satisfied:

  • 1. Disapproval must be expressly made to MPP in writing specifying the objective reasons for disapproval. Because photography is a visual medium, it is advised to use visual mark-ups and as much details as possible.
  • 2. If Customer has complied with the Shooting Direction Policy, and MPP has failed to substantially match the Objective Shooting Criteria pursuant to the instruction given by Customer and Customer provided Materials (which include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference urls), MPP will photograph or retouch the disapproved images up to two times free.
  • 3. If Customer has not complied with the MPP General Direction Shooting Policy or has otherwise left image composition up to the discretion of MPP, then Customer will not be entitled to a refund or reshoot and any refunds or reshoots will be offered in MPP’s sole and absolute discretion.

5. If MPP has reshot or retouched an image twice and Customer still disapproves of the image and the image still fails to meet the Objective Criteria of the Materials provided by Customer, then MPP will work with Customer to find a mutually acceptable remedy, which may include a complete refund of the purchase price.

6. The use, display or other dissemination of any image created by MPP shall constitute Customer’s acceptance and satisfaction of the image(s) at which time the Customer shall be entitled to no further remedy for dissatisfaction with the provided image(s).

7. MPP expressly retains all copyright and other intellectual property rights to all disapproved and refunded images, and any use, display, or other dissemination of disapproved or refunded images by Customer is strictly prohibited.

8. Once an order is refunded then that part of the order is closed, and no further adjustments or changes can be made.

Shooting Direction Policy

Read about shooting directions

1. Our view of shooting direction can be summed by like this:

  • 1. If you show us how to shoot your product and we don't do it that way, then we'll redo it complimentary.
  • 2. If you don't tell us how to photograph your product and waive the right to direction, then reshoots based on positioning are not complementary.

Simply, if you don’t tell us how to photograph it, then we won’t know how to photograph it.

2. Direction of how the purchased images are to be photographed must be expressly specified in writing. Written directions may be provided in a separate email following the prompts contained in the confirmation email after purchasing the services.

Since photography is visual, written shooting direction is usually not clear.  Therefore, it is advised that match images be taken for product position, angle & lighting be provided and added to a spreadsheet.

3. Verbal direction given will not constitute shooting direction.

4. The customer may waive the right to shooting direction in writing and allow the photographers to decide how to photograph the items.  The customer will not receive complimentary redo’s or reshoots on these photos.

5. Unless the customer waives the right to shot direction, Customers are required to submit Materials sufficient to provide MPP with clear direction and instruction on how images should be shot. Such Materials include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference urls.

6. If sufficient direction is not provided, then an order will be placed on hold, as discussed in the section “Turn-Around Times & Delays”.

7. It is uncommon for customers to provide lighting direction. If a lighting match image is not provided by the Customer, then MPP will default to using even Lighting.

  • 1. Elements of Chance & The Spirit of The Match Image
    • 1. Elements of chance are items where exact direction cannot be followed because they are unpredictable and can never reproduced the same way.
      For example: The customer provides a match image of a blue powder spread out on a surface in a certain manner.  We will try to match the general look of the powder when we shoot it on our set, however matching the powder grain for grain would be impossible.  This is considered an “element of chance” because powder is unpredictable, and the exact position can never be matched exactly.

    • 2. Elements of chance do not qualify for reshoots if the general spirit of the match image reflected.

  • 2. Elements of chance apply to but are not limited to the following situations:
    • Watches
    • Reflective surfaces
    • Large complex groups
    • Compositions

Product Quality and Resulting Image

1. To ensure MPP is able to produce the highest possible quality image, Customer agrees that all products provided for shooting will be in substantially similar condition as those appearing in the Customer provided Materials. This includes, but is not limited to color, size, label position and content, packaging, etc.

2. MPP is not responsible for any damage or loss to products provided by Customer to MPP for photographing unless such damage or loss occurs while the product(s) is in actual physical possession of MPP.

3. Customer agrees that MPP will photograph the item in the condition in which it arrives at the MPP studio. In the event the product arrives at the MPP studio in a condition which does not materially match that which is evidenced in the Customer provided Materials, MPP will use reasonable efforts to contact Customer and request a new sample product more closely matching that appearing in the Materials. However, MPP is not liable for photographing the product as received. Any Customer disapproval will be subject to the MPP Refund, Revision, Image Approval/Disapproval Policy.

4. In the event a provided product contains minor flaws (i.e. minor discoloration, dings, dents, scuffs, etc.) MPP may, at its option retouch the images at no additional cost to the Customer, however it is under no obligation to do so.

5. Props are defined as items other than the product to enhance the photo.

6. Customer must provide all props for the photograph. Clear direction is required as described in the “Shooting Direction Policy”.

Turn Around Time & Delays

Turn Around Times

Turnaround times begin at the time indicated on the timestamp of the email MPP sends Customer indicating that the Customer provided products have been checked in to the MPP ordering system.

1. MPP is closed Saturdays, Sundays and standard holidays.  Closed days do not count towards the turnaround time because we are not open.

2. MPP offers three turnaround times:

  • 1. Standard | 7 Business Days or Less
    Our standard turnaround time is 7 business days.

  • 2. Rush | 3 Business Days or Less
    +$10 per photo | Our 3 Day Rush turnaround time is 3 business days

  • 3. Crazy Rush | 24 hour Turn Around | * Call Before
    +$ double per photo | Our 24-Hour Rush turnaround time is 24 hours and subject to availability.
    Please confirm before submitting your order.  24-hour turnaround time is not available on days before MPP is closed.

  • 4. Products must arrive before 11am for 24-hour delivery.

Redo Orders Turn Around Times

1. Turnaround time on a change/redo order request is 5 business days from the time the request is received.

Hold Orders

1. An order that is placed "On Hold" is an order that is stopped for various reasons and is awaiting a Customer action.

2. MPP will send the Customer an email notifying them that an order is On Hold. Turnaround time will stop while an order is On Hold.

3. After sufficient Customer response to remedy the issue leading to the hold, the hold will be released.

4. On Hold orders that are subsequently released may incur additional turnaround delays up to two business days.

5. Orders may be placed On Hold for the following reasons:

  • 1. No shooting direction has been provided.

  • 2. Not enough shot direction has been provided to proceed with shooting.

  • 3. Missing products or props.

  • 4. MPP is awaiting a Customer reply regarding pre-approval images.

  • 5. Any other reason which may hinder MPP’s ability to shoot the product.

6. MPP is not responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Image Ownership and Usage & Copyright

Copyright Licensing Agreement

1. Copyright can be a rather confusing and touchy subject. Here’s how we handle it at MPP:

  • 1. We retain all ownership rights and copyright of all images that we create of your product, as is common in the photography industry.

  • 2. Included in the purchase price of your Order is a comprehensive license to your images. Specifically, we grant you a worldwide, royalty free, perpetual license to use and display your purchased images, in an unlimited number of mediums, with unlimited alterations for any promotional and advertising usage you see fit.

  • 3. You agree that you may not re-license or sell ownership of the images to anyone else.  This includes reselling the images or placing them in stock for profit and it is a violation of the copyright agreement.  You may, however, allow other retailers such as Amazon or selling sites to use the images to promote the sale of their products.  If you are a wholesaler, then you may allow your retailers to use the photos.

Copyright Transfer

1. In the event the above described license is insufficient for your purposes (for example, if you intend to sell the copyright) and you feel that you still need complete copyright ownership of your images, then you may purchase the copyright from us for an additional $20.00 per image. In the event you purchase the copyright from us, we retain a perpetual, royalty-free worldwide license to the images.

2. Copyright transfer agreements will be created by MPP at the end of the order as they require a contact sheet of the images being transferred.

3. MPP is not responsible for pursuing copyright violations of the images of your products. You agree that, if you determine a third party is using, displaying or disseminating your images without your consent that you are responsible for enforcing your rights and pursuing action for any copyright violations.

4. MPP understands that your business is unique, however your products may not be. To that end, you understand that MPP may photograph similar products for your competitors if they order images from us. We will never reuse your images for these purposes and will reshoot the products as instructed by those parties, regardless of whether the direction results in images substantially similar to yours.

5. You agree that MPP may use all images for its own promotional and marketing purposes including all social media posts unless you have expressly prohibited us from doing so in writing.

Image Sizing & Resolution

1. Customer selects the image delivery type on the Order page. For additional information on image types MPP offers, please visit our Pricing page

2. MPP will not be held responsible for resizing or reformatting images to fit your specific uses, so it is important to select the appropriate image type when placing an order. Generally, images are delivered in large format to enable Customer to use them for most standard purposes (for example, on a website, in a catalog, printed in a magazine, etc.)

3. Please note that MPP does not deliver layered PSD files.  The tiff format carries all the same properties of a PSD file but at a smaller file size.  MPP uses advanced retouching techniques and those layers will not be delivered as they are flattened in the retouching process and are mostly unusable except during processing.

4. MPP also will not deliver raw files. Raw images are the first step of a multi-step creation process and remain the sole property of MPP.  MPP uses advanced retouching methods far beyond a single capture image often blending multiple raw files with many layered photoshop elements to achieve the final image which will be delivered to you.

Image Retouching

1. Basic Retouching Included in Base Price:

  • 1. Remove background so it is white around the outside of the product.

  • 2. Removing dust and basic scratches on the products.

  • 3. Enhancing the natural color & contrast of the product.

  • 4. Fixing a small dent in a box.

2. Advanced Retouching (Not Included in The Base Price)

  • 1. Retouching product into a different background or environment.

  • 2. Photographing a blank product and adding a fake label.

  • 3. Fixing a big scratch that goes through text where we have to recreate the text.

  • 4. Changing the color of the product to something that it's not but isolated to specific areas.

  • 5. Re-creating a box that has been crushed in shipment.

  • 6. Copying one element from one photo into another.  Like photographing one lid and copying into a different product without a lid.

  • 7. Retouching product into a different background or environment.

  • 8. Creating or manufacturing parts of a product that does not exist.

3. Advanced Retouching is billed at $20 per 15 min

Image Storage

1. Images will be delivered via Shootproof.com (“Shootproof”), a cloud-based photo delivery platform.

2. MPP makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Shootproof. You are responsible for viewing and abiding by the Shootproof privacy statements and terms of use.

3. Currently, Shootproof maintains images for a fee .  However, if Shootproof changes its terms or either MPP or Shootproof goes out of business, then the photos may not be available.  MPP will make images available for at least 1 year after completion, after which the images may be taken down. Customer agrees that it is solely responsible for the storage and management of all images after 1 year.

Products Shipped to us

1. After placing an Order, Customer is responsible for arranging shipment of the products to be photographed to MPP at:

    MPP Photography
    Order #(insert your order number)
    7 - 695 Chemin Avila #306
    Piedmont, Quebec
    J0R 1K0

2. Do not send us or drop off a product before an order is placed.  MPP sends and receives many packages daily and if a shipment arrives without an order number on it then we have no way of tracking it in our inventory system.  MPP is not responsible for lost products or delays due to a Customer’s failure to comply with this policy.

3. All costs associated with shipping products to MPP are the sole responsibility of the Customer. Customer bears the risk of damage or loss until the products are delivered to MPP’s address set forth above and accepted by MPP.

4. MPP is not responsible or liable for any damage or loss that occurs to the products during shipping. Customer warrants that the products are adequately insured against damage or loss and agrees to hold MPP harmless for any such damage or loss occurring during shipment to MPP.

Return Shipping

1. Return shipping of products will be provided at customer’s request, subject to the following conditions:

  • 1. Customer must request return shipping within 30 days following completion of the services by replying to the Approval Emails. Failure to respond to the Approval Emails within 30 days will result in the Customer products being removed from MPP inventory and disposed of and the products will not be returned. Customer agrees that MPP is not liable for the disposal of products pursuant to this.

  • 2. Returns are at the customer’s expense; you must provide courier account number.

Lost, Damaged or Stolen Products

1. Once the products arrive at the MPP studio they will be checked for damage, which, if present, will be reported to the Customer within 24 hours.

2. Once received by MPP and checked into its system, MPP will assume possession over the products.  If an item is lost, damaged or stolen while in possession of MPP, then MPP will reimburse Customer for such damage or loss up for the repair cost or replacement cost of the damaged or lost product up to a maximum amount of $10,000 per customer.

3. For damaged or lost products deemed irreplaceable by MPP, in its sole and absolute discretion, Customer will be reimbursed the repair or replacement cost for the product(s), as reasonably determined by MPP. Repair or replacement amounts will be distributed to Customer within 30 days of MPP’s receipt of such amounts from its insurance carrier.

4. MPP is not responsible or liable for any damage or loss arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, weather events, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Disputes

1. Customer may not assign or transfer this agreement, or any rights granted hereunder. This agreement binds and inures to the benefit of MPP. Customer, Customer’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties.

2. The parties agree to use their best efforts to resolve any dispute between them related to the obligations set forth in these terms by good-faith negotiation and mutual agreement. However, in the event that the parties are unable to resolve any dispute any unresolved disputes shall, at MPP’s option, be finally settled in accordance with an arbitration proceeding.

General Conditions

1. These Terms of Service shall be governed by and interpreted in accordance with the laws of the province of Quebec, Canada, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Quebec or federal courts located in Quebec, Canada with respect to any dispute or claim arising out of or in connection with the Terms of Service.

2. You acknowledge and agree that MPP may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on MPP’s website, available at https://www.montrealproduitphoto.ca/terms-and-conditions and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the services after the amended Terms of Service are posted to MPP’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the service or place any orders with MPP.

3. You may not use the MPP website for any illegal or unauthorized purpose nor may you, in the use of the website. You will comply with all applicable laws, rules and regulations in your use of the MPP website. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website.

4. You understand that personal identification information, which may include your name, business name, contact information and other information you may provide to MPP (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Limitation of Liability

1. You expressly understand and agree that MPP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the MPP services or any purchased images.

2. In no event shall MPP be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our images, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, partners, officers, directors, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party or your use of any images purchased from MPP.

3. Your use of the website and placement of an Order is at your sole risk. Except for the limited warranties set forth herein, services and images are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4. MPP does not warrant the results that may or may not be obtained from the use of any images and does not warrant that the quality of any images, services, information, or other materials purchased or obtained by you from MPP will meet your expectations.

Customer Representations

1. Customer represents, warrants and covenants that: (i) it has full power and authority to enter into and perform its obligations hereunder; (ii) any Customer products comply with all applicable laws, rules and regulations and does not infringe any third party’s rights; (iii) Customer products submitted to MPP or utilized with services do not contain any hazardous materials that may otherwise MPP personnel; (iv) it is the owner or authorized licensee of all Customer products; (vi) it will safeguard all passwords, user IDs and other measures to control access to the services; (vi) it has taken reasonable measures to ensure the security of any electronic devices, including Customer’s personnel-supplied personal devices, used by Customer or its personnel to access the website or place an order with MPP.

No Other Warranties

THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW , NEITHER MPP NOR ANY OF ITS PERSONNEL MAKES ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR IMAGES CONTEMPLATED HEREUNDER.  ALL IMPLIED WARRANTIES AS TO PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED.  NEITHER MPP NOR ITS PERSONNEL WARRANT THAT THE PROCESSED IMAGES WILL BE ERROR-FREE.

Indemnification

Customer shall indemnify, defend and hold MPP and its officers, directors, shareholders, agents, employees, subcontractors, licensors and affiliates and their officers, directors, shareholders, agents and employees harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising directly or indirectly out of or relating to: (i) Customer’s breach or alleged breach of these Terms of Service; (ii) Customer’s property, except to the extent due to acts or omissions of MPP or (iii) claims that the Customer property or any images produced of such property, or any portion thereof infringes, misappropriates, or violates any third party’s copyright, trade secret, trademark or other proprietary or privacy right or other law.