​

​

Black+Haus Visuals

​

​

Copyright

All photographs and videos produced by Black Haus Visuals are protected under the Copyright Act (Canada) and applicable Canadian intellectual property law. Black Haus Visuals retains full copyright ownership of all images and videos produced under any engagement. Delivery of final files to a client does not transfer copyright. Use of our images and videos is permitted only under the terms of the license described below.

Licensing

Black+Haus Visuals grants clients a limited, non-exclusive, non-transferable license to use delivered images and videos solely for the purpose of marketing and promoting the specific property or project for which the content was commissioned. This license does not permit resale, redistribution, sublicensing, or transfer to any third party without prior written consent from Black+Haus Visuals. RAW or unedited source files are not included in any deliverable and will not be provided under any circumstances.

Image and Video Modifications

Modification of images and/or incorporation of images in any layout or concept shall not constitute a joint work or derivative work. All modifications must be approved by Black+Haus Visuals in writing, apart from cropping for standard formatting purposes. The use of any artificial intelligence tools to modify, enhance, retouch, upscale, restage, or otherwise alter the images or videos in any form is strictly prohibited. Use of images or videos as training data, reference material, or input for any AI or machine learning model or generative AI system is also strictly prohibited. These restrictions apply to the client and any third party to whom images are distributed under this license.

Usage

Licensed images and videos may be used on the client's website, social media channels, and marketing materials for the sole purpose of promoting the property or project for which the content was produced. Any use beyond this scope requires a separate written agreement and may be subject to additional licensing fees.

Deliverable Holdback Pending Usage Confirmation

Where a client's intended usage of the media is unclear, extends beyond standard listing promotion, or has not been confirmed, Black+Haus Visuals may, at its discretion, withhold final edited deliverables until intended usage is confirmed and any applicable additional licensing quote is agreed to. Payment for services rendered (the photography or videography session itself) is due regardless of whether final deliverables have been released, and is not contingent on the delivery, licensing scope, or usage of the resulting media.

Payment

Payment for services is due in full prior to the release of any licensed images or videos. Black+Haus Visuals accepts payment by credit card, PayPal, or bank transfer. Invoices unpaid after 30 days will be subject to an administrative fee of $20.00 CAD per month and interest at a rate of 2% per month on the outstanding balance. These terms are consistent with Ontario's prompt payment practices under the Construction Act where applicable.

Refunds

Black+Haus Visuals does not offer refunds for completed services. In the event of client dissatisfaction, we will make reasonable efforts to address concerns and achieve a satisfactory outcome within the scope of the original engagement.

Cancellation Policy

Clients must provide at least 24 hours' notice to cancel or reschedule a booked service. Cancellations made within 24 hours of the scheduled appointment are subject to a cancellation fee of up to 50% of the total shoot cost, with a minimum fee of $100.00 CAD. Rescheduling requests made within 24 hours of the scheduled appointment are subject to a reduced fee of up to 25% of the total shoot cost, at the discretion of Black+Haus Visuals. No fee applies where the cancellation or reschedule is due to severe weather, a genuine emergency, or is initiated by Black+Haus Visuals. Applicable fees will be invoiced separately or deducted from any deposit already paid. By booking a service with Black+Haus Visuals, the client acknowledges and agrees to this cancellation policy.

Force Majeure

Black+Haus Visuals shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to illness, injury, accident, vehicle failure, severe weather, natural disaster, or other circumstances that prevent the scheduled service from being completed as planned. In such cases, Black+Haus Visuals will make reasonable efforts to reschedule at the earliest available opportunity.

Property Readiness and Access

The client is responsible for ensuring the property is clean, staged, and ready for photography at the scheduled appointment time. If the property is not ready, access is denied, or the shoot cannot proceed for reasons within the client's control, the session will be billed in full and a new appointment will require separate scheduling, subject to the cancellation and rescheduling fees outlined above.

Equipment, Data, and File Loss

While Black+Haus Visuals takes reasonable precautions to protect captured media, including the use of professional-grade equipment and backup practices, Black+Haus Visuals is not liable for loss, corruption, or damage to image or video files resulting from equipment failure, memory card failure, or other circumstances beyond its reasonable control. In such an event, the client's sole remedy is a reshoot at a mutually agreed time, at no additional cost, where reasonably possible.

Limitation of Liability

To the fullest extent permitted by law, the total liability of Black+Haus Visuals arising out of or related to any engagement shall not exceed the total amount paid by the client for the services giving rise to the claim. Black+Haus Visuals shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to lost profits, lost sales, or lost business opportunities, arising from the use of, or inability to use, delivered media.

No Guarantee of Outcomes

Black+Haus Visuals makes no representation or guarantee regarding the sale, rental, engagement, or marketing performance of any property or project as a result of delivered media.

Property and Model Releases

The client represents and warrants that they have the legal authority to commission photography and videography of the property in question, and to authorize the presence and depiction of any individuals present during the session. The client agrees to indemnify Black+Haus Visuals against any claim arising from a lack of such authority.

Portfolio and Self-Promotion Rights

Notwithstanding the licensing terms above, Black+Haus Visuals retains the right to use any images or videos produced under any engagement for its own portfolio, website, social media, marketing materials, and promotional purposes, unless the client requests otherwise in writing prior to the scheduled service.

Subcontractors and Collaborators

Black+Haus Visuals may, at its discretion, engage subcontractors, associate photographers, or collaborators to fulfill any part of an engagement. Doing so does not constitute a breach of these Terms of Service.

Severability

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms of Service, together with any applicable quote, invoice, or booking confirmation, constitute the entire agreement between Black+Haus Visuals and the client with respect to the services provided, and supersede all prior discussions, understandings, or agreements, whether written or verbal.

Indemnification

The client agrees to indemnify and hold Black+Haus Visuals, its owners, contractors, and agents harmless from any claims, losses, damages, and expenses, including reasonable legal fees, arising out of or connected with the client's use of delivered images or videos, including any use that violates these Terms of Service.

Lockbox and Property Access

Where lockbox codes or unaccompanied access to a property are provided by the client, the client assumes full responsibility for the security of the property during the access period. Black+Haus Visuals shall not be held liable for any loss, damage, or security incident arising from unaccompanied access. The client agrees to reimburse any reasonable costs associated with key replacement or lock changes resulting from their provision of access.

Privacy

Black+Haus Visuals collects and uses client contact and billing information solely for the purpose of delivering services and fulfilling contractual obligations. We do not sell or share personal information with third parties. Our practices are consistent with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA).

Modification of Terms

Black+Haus Visuals reserves the right to update or modify these Terms of Service at any time and without prior notice. The version of these Terms of Service posted on the Black+Haus Visuals website at the time of a client's booking shall govern that engagement. Continued use of our services following any modification constitutes acceptance of the revised terms. Clients are encouraged to review these terms periodically.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Ontario.

Agreement

Acceptance of these Terms of Service is required as a condition of booking. By checking the acceptance box presented during the booking process, or by having these terms accepted on your behalf during a manually processed booking (e.g. a phone or email booking), you confirm that you have read, understood, and agreed to these Terms of Service in full, including the Cancellation Policy above. Services will not be scheduled without this acceptance.

For questions or concerns, contact us at blackhausvisuals@gmail.com.