Terms & Conditions

By submitting an inquiry, signing a booking confirmation, or otherwise engaging the services of BigChur Photography ("BigChur", "we", "our", or "us"), you ("Client") agree to be bound by these Terms and Conditions. If you do not agree, do not engage our services.

All bookings begin with an inquiry submitted via our website contact form, email, or direct message. Submitting an inquiry does not constitute a confirmed booking.

A booking is confirmed only when:

1. Both parties have agreed in writing (email or signed agreement) on the scope, date, location, and fee; and
2. The required deposit has been received by BigChur (see Section 3).

BigChur reserves the right to decline any booking at its sole discretion and without obligation to provide a reason.

A non-refundable deposit of 50% of the total agreed fee is required to confirm and hold your booking date. No date is held until the deposit is received.

The remaining balance is due in full no later than 48 hours before the scheduled shoot, unless otherwise agreed in writing. Failure to pay the remaining balance may result in cancellation of the booking without refund of the deposit.

Payments are accepted via the methods specified in your booking confirmation (e.g., e-transfer, credit card). All fees are stated in Canadian dollars (CAD) unless explicitly noted otherwise.

Cancellations must be communicated in writing to info@bigchur.com. The following policy applies based on the number of days before the scheduled shoot:

BigChur reserves the right to cancel a booking due to circumstances beyond our control (force majeure, severe weather, medical emergency). In such cases, a full refund will be issued or an alternative date offered at the Client's discretion.

One complimentary reschedule is permitted with at least 72 hours' notice, subject to BigChur's availability. Rescheduling with less than 72 hours' notice is treated as a cancellation under the terms of Section 4.

All photographs, video footage, and other creative works produced by BigChur remain the exclusive intellectual property of BigChur Photography. BigChur retains full copyright in all deliverables.

Upon receipt of payment in full, BigChur grants the Client a non-exclusive, non-transferable personal licence to use the delivered images and videos for personal, non-commercial purposes, including sharing on personal social media accounts.

Commercial use (advertising, resale, licensing to third parties, or use in paid campaigns) requires a separate written commercial licence agreement and additional fee. Unauthorised commercial use constitutes copyright infringement.

The Client may not remove watermarks, metadata, or copyright notices from any delivered files.

BigChur retains the right to use any photographs or videos produced under this agreement in its portfolio, website, social media channels, press materials, and marketing content, unless the Client requests otherwise in writing prior to the shoot.

Requests for full portfolio exclusivity must be made before booking confirmation and may incur an additional fee.

Edited photographs and/or final video files will be delivered within 5 business days of the shoot date, unless a different timeline is agreed in writing at the time of booking.

Deliverables are provided via a secure online gallery or file transfer link sent to the Client's email address on file. BigChur is not responsible for delays caused by incorrect contact information provided by the Client.

Download links remain active for 30 days. After this period, file retrieval may incur an archival fee.

The Client agrees to:

• Provide accurate information at the time of booking;
• Arrive on time for the scheduled shoot;
• Ensure that any necessary permits, venue permissions, or consents from third parties are obtained prior to the shoot;
• Not interfere with BigChur's creative process or direct BigChur's work in a manner inconsistent with the agreed scope.

To the fullest extent permitted by law, BigChur's total liability to the Client for any claim arising from or related to these Terms or any services provided shall not exceed the total fees paid by the Client for the specific booking giving rise to the claim.

BigChur is not liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.

In the rare event of equipment failure, loss, or damage during a shoot that prevents delivery of agreed files, BigChur's liability is limited to a full refund of all fees paid. BigChur will not be liable for any additional costs or losses.

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. You irrevocably submit to the exclusive jurisdiction of the courts of Montreal, Quebec for the resolution of any dispute arising under or in connection with these Terms.

In the event of a dispute, both parties agree to first attempt resolution in good faith through direct negotiation. Either party may initiate this process by sending written notice to the other describing the nature of the dispute.

If the dispute is not resolved within 30 days of the written notice, either party may submit the matter to non-binding mediation before pursuing litigation. The mediator shall be mutually agreed upon. Each party bears its own costs for mediation.

Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

BigChur reserves the right to update these Terms and Conditions at any time. Changes will be posted on this page with an updated effective date. Your continued engagement with our services after any changes constitutes acceptance of the revised Terms.

Terms that were in effect at the time of booking confirmation govern that specific engagement and are not affected by subsequent changes.