Terms and Conditions
Last Updated: May 24th 2026
These Terms and Conditions ('Terms') govern your engagement of photography services provided by Matko Photo, operated by Erika Matkovich in Hamilton, Ontario, Canada ('Photographer'). By booking our services, you agree to these Terms in full.
1. Booking and Retainer
A non-refundable retainer of 30% of the total fee is required to confirm your booking. Your date is not secured until both a signed Statement of Work and retainer payment have been received. The retainer is applied toward the total fee owing.
2. Payment Terms
Events: Remaining balance due 48 hours prior to the event date
Brand sessions: Remaining balance due the day before the session
Express and mini sessions: Payment in full at the time of booking
Accepted payment methods: credit card via Dubsado, or e-transfer to hello@matkophoto.com. Unpaid invoices at the time of service may result in cancellation without refund of the retainer.
3. Cancellation and Rescheduling
Cancellation by client: The retainer is non-refundable. Cancellations received more than 14 days before the event or session date will forfeit only the retainer. Cancellations within 14 days will be charged 50% of the remaining balance.
Rescheduling: One reschedule is permitted at no charge with a minimum of 7 days' notice, subject to availability. Additional reschedule requests may incur an administrative fee.
Cancellation by Photographer: In the event that Matko Photo must cancel due to illness, emergency, or circumstances beyond our control, all payments including the retainer will be refunded in full. We will make reasonable efforts to recommend an alternative photographer.
4. Copyright
All images created by Matko Photo remain the exclusive intellectual property of Erika Matkovich and Matko Photo under the Copyright Act of Canada. The Photographer retains all copyright in perpetuity.
5. Usage Rights
Personal use license (included in all packages): Clients may use images for personal purposes including printing, personal social media use, and personal display.
Commercial use: Use of images for advertising, marketing, or commercial purposes requires a separate commercial license agreement. Please contact us for commercial licensing terms.
Portfolio use: Matko Photo reserves the right to use images in our portfolio, website, and promotional materials unless a written agreement to the contrary has been signed prior to the engagement.
6. Gallery Delivery
Events: 10 sneak peek images within 12 hours of the event. Full gallery within 5 business days.
Brand sessions: Proofing gallery within 5 business days. Final gallery within 10 business days of client selections.
Express sessions: Proofing gallery within 48 hours. Final images within 1 week of selections.
Galleries are delivered via Pixieset and remain available for download for 1 year from the delivery date. Re-delivery of expired galleries may incur an administration fee.
7. Editing and Retouching
All delivered images are professionally edited in Matko Photo's signature style. Standard editing includes colour correction, exposure adjustment, and removal of temporary blemishes. Matko Photo does not perform body modification or feature alteration. Requests for specific editing adjustments should be made in writing before the session.
8. Model Release
By engaging Matko Photo, you grant a non-exclusive model release for use of images in our portfolio, website, and marketing materials. If you do not consent to specific images being used publicly, please notify us in writing within 14 days of gallery delivery.
For corporate events: The event coordinator warrants they have the authority to grant a model release on behalf of the organization and its guests. Matko Photo will exercise discretion in the selection and use of event imagery.
9. Limitation of Liability
Matko Photo's liability under these Terms is limited to the total fees paid for the specific service in question. We are not liable for indirect, incidental, or consequential damages. In the unlikely event of equipment failure or circumstances preventing service delivery, liability is limited to a full refund of fees paid.
10. Force Majeure
Matko Photo is not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, extreme weather, government restrictions, or illness. A full refund will be issued in such circumstances.
11. Conduct
Matko Photo reserves the right to discontinue coverage at any time without refund if the client or their guests engage in conduct that is abusive, threatening, or creates an unsafe environment for the Photographer.
12. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada. Disputes are subject to the exclusive jurisdiction of the courts of Hamilton, Ontario.
13. Entire Agreement
These Terms, together with the signed Statement of Work and any written addenda, constitute the full agreement between the parties and supersede all prior communications, whether written or verbal.
14. Questions
Questions regarding these Terms may be directed to hello@matkophoto.com or through the contact page at matkophoto.com/contact.