Terms and Conditions

Welcome to Momentia studio!

These terms and conditions outline the rules and regulations for the use of Momentia's Website, located at https://momentia-studio-yan1nz2nkbflb11l.builder-preview.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Momentia studio if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Momentia studio, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Momentia and/or its licensors own the intellectual property rights for all material on Momentia studio. All intellectual property rights are reserved. You may access this from Momentia studio for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from Momentia studio

• Sell, rent, or sub-license material from Momentia studio

• Reproduce, duplicate or copy material from Momentia studio

• Redistribute content from Momentia studio

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Momentia does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Momentia, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Momentia shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Momentia reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Momentia a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Momentia; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Momentia. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Momentia's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Additional Terms and Conditions – Momentia Studio (momentia.ca)

1. Cancellations and Refunds

• If an unforeseen issue or error on our part prevents us from delivering your scheduled session, you will receive a full and respectful refund. In such cases, the client is not entitled to any additional claims, compensation, or damages beyond the full refund of the amount paid.

• Clients must cancel a standard session at least 24 hours in advance to be eligible for a refund. For wedding sessions, cancellation must be made at least 7 days before the scheduled date.

• All cancellation requests must be sent via email to info@momentia.ca and must include a clear explanation for the cancellation. If no email is received or the cancellation request is submitted after the deadline, no refund will be issued.

• For approved cancellations, refunds will be made only for the amount received by Momentia Studio. Please note: transaction or service fees (typically 3%–5%) deducted by payment processors such as Stripe or PayPal are non-refundable.

• If a client arrives late to the session, the session end time will remain as scheduled. The lost time will not be extended or compensated.

2. Booking and Payment

• A non-refundable retainer or full payment may be required to confirm and secure your booking. This will be clearly communicated during the booking process.

• In some cases, full payment must be completed before the session begins. Failure to do so may result in the session being postponed or canceled.

• For manual payments (such as Interac e-Transfer), the payment must be sent to the provided email address within 1 hour of booking.
  If payment is not received within this timeframe, the booking will be automatically canceled without further notice.

3. Copyright and Usage

• All photographs, digital images, and creative content produced by Momentia Studio remain the intellectual property of the photographer unless otherwise stated in writing.

• Clients are granted a personal-use license for the images delivered. This means you may share, print, and display the images for personal, non-commercial purposes.

• Commercial use, resale, or reproduction by a third party is not permitted without prior written consent and may require a separate licensing agreement.

• Momentia Studio reserves the right to use any photographs taken during sessions for portfolio display, marketing, website galleries, competitions, or social media, unless the client explicitly opts out in writing before the session.

• Clients agree not to alter the delivered images in any way that compromises the photographer’s artistic vision, including adding filters, cropping inappropriately, changing colors, or removing the watermark.

• Any desired alterations must be requested through Momentia Studio directly. Unauthorized edits or misrepresentation of the work may result in revoked usage rights.

4. Image Delivery and Editing

• Final images will be delivered through a private online gallery in high-resolution JPEG format. Web-optimized versions may also be provided upon request.

• Standard editing is included in all packages and covers light adjustments to color, brightness, contrast, cropping, and skin smoothing where applicable.

• Any advanced retouching — such as body reshaping, object removal, background replacement, or heavy skin editing — is not included by default. These services may be available at an additional cost of $45 per image, subject to photographer approval.

• Image selection and final delivery typically occur within 1 to 2 weeks of the session date (3 to 4 weeks for weddings and special projects). Delivery times may vary during peak seasons.

• Clients must submit any re-edit or modification requests within 7 days of delivery. After this period, edits may not be accepted.

• Momentia Studio will retain client image files for up to 6 months after delivery. After this period, backups will be deleted, and retrieval is no longer guaranteed.

5. Liability and Force Majeure

• Momentia Studio is not liable for any accidental loss, technical failure, delay, or cancellation caused by events beyond our control. This includes but is not limited to: equipment malfunction, illness, injury, inclement weather, natural disasters, or emergencies.

• In the rare case that a session cannot be completed due to force majeure or other uncontrollable circumstances, Momentia Studio will refund any payments received, but shall not be held liable for any additional claims or consequential losses.

• If photographic materials are lost, damaged, or unusable through no fault of the client (e.g., memory card corruption, hardware failure), liability is strictly limited to a refund of the amount paid, or if possible, a rescheduled session at no additional cost.

• Momentia Studio is not responsible for missed moments, obstructions, or limited coverage caused by guest interference, venue restrictions, or poor lighting conditions.

6. Conduct and Safety

• Clients and their guests are expected to maintain a respectful, cooperative, and safe environment during all sessions. Momentia Studio reserves the right to terminate any session without refund if the photographer(s) are subject to abuse, harassment, unsafe conditions, or any form of unprofessional behavior.

• It is the client’s responsibility to supervise children during sessions. Momentia Studio is not liable for accidents, injuries, or damage to personal or public property caused by unsupervised children or guests.

• Momentia Studio will not be held responsible for injuries sustained by clients, guests, or pets at a session, whether on public or private property.

7. Meals and Breaks (for Long Sessions)

• For photography sessions lasting longer than 5 hours (such as weddings or full-day events), the photographer(s) are entitled to a meal break of up to 45 minutes during the event. This break may be taken at the photographer’s discretion and will not affect the coverage time as long as it aligns with the event schedule.

• Clients are requested to provide a full guest meal for each photographer for sessions exceeding 5 hours. If a meal is not provided, the photographer reserves the right to leave the event briefly for a break, up to 45 minutes.

• Meal breaks are essential to ensure the health, focus, and performance of the photographer(s) over the course of extended coverage.

8. Changes and Communication

• All requests for changes to session date, time, or location must be submitted in writing to info@momentia.ca.
  Text messages, phone calls, or social media messages will not be accepted as official communication for changes or cancellations.

• A booking is only considered confirmed once it has been acknowledged and approved by Momentia Studio in writing.

• It is the client's responsibility to ensure all booking details (including location and time) are accurate when booking online.

• Momentia Studio offers on-location photography services exclusively in:

  • Toronto

  • Oakville

  • Hamilton

  • Greater Toronto Area (GTA): including Mississauga, Brampton, Etobicoke, North York, Scarborough, Vaughan, Richmond Hill, and Markham

• For sessions outside these areas, additional travel fees may apply. These must be confirmed via email or text prior to booking.

• If a booking is made for an address outside our service zone without prior communication, Momentia Studio reserves the right to cancel the session or charge an additional travel fee, and the client will be held responsible for any inconvenience caused.

9. Website and Online Store Terms

• All content, services, and pricing displayed on momentia.ca are subject to change without prior notice. While we make every effort to keep our site accurate and up to date, errors may occasionally occur.

• We reserve the right to modify, suspend, or discontinue any part of the website or offered services at any time. Momentia Studio is not liable for any damages or losses arising from such changes.

• By using our website or booking through our online platform, you agree not to misuse the site, attempt unauthorized access, or violate any local, national, or international laws.

• Clients are responsible for entering accurate information during checkout, including names, email addresses, session locations, and payment details.

• All content on momentia.ca — including logos, images, text, and pricing — is the intellectual property of Momentia Studio. Reuse, copying, or distribution without written permission is strictly prohibited.

• Your submission of personal information through the website or store is governed by our [Privacy Policy].

10. Final Notes / Acknowledgement

By booking a service, making a payment, or using any part of Momentia Studio’s platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions in full.

You also agree to:

• Communicate in writing for all official matters (via email to info@momentia.ca)

• Respect all stated cancellation, refund, and rescheduling policies

• Honor the professional rights and boundaries of the photographer(s) during the session

These Terms and Conditions are subject to updates and revisions. It is your responsibility to review them periodically. The most current version will always be available on momentia.ca.

We are committed to creating a respectful, artistic, and seamless experience for every client.

Thank you for trusting Momentia Studio.