Terms of Service
August 15, 2026
YUVIA COLLECTIVE
https://yuviacollective.ca
These Terms of Service ("Terms") govern your access to and use of the Yuvia Collective website and your purchase or use of photographs, prints, digital images, and related products offered through the website (collectively, the "Services").
For purposes of these Terms, YUVIA COLLECTIVE is referred to as "the Company," "we," "us," or "our."
By accessing the website, purchasing an image or product, or otherwise using the Services, you agree to these Terms. If you do not agree with these Terms, please do not use the website or purchase our products.
1. About the Photography
The Company creates and offers photographs taken in public and private locations, including, without limitation:
surf and other action photography;
landscapes and fine-art photography;
nature and environmental photography;
close-up portrait photography; and
other photographs created by the Company.
Photographs may include people who were present at a public location at the time a photograph was taken.
The fact that a photograph was taken in a public place does not mean that every possible use of an identifiable person's image is automatically permitted. The Company will use reasonable care regarding privacy, consent, and applicable Canadian law.
2. Copyright and Ownership
Unless expressly stated otherwise, all photographs, images, previews, website content, text, graphics, and other creative materials made available through the Services are owned by, or licensed to, the Company and are protected by applicable copyright law.
Purchasing a photograph or print does not transfer copyright ownership to the purchaser.
The Company retains all rights in the photograph unless a separate written agreement expressly provides otherwise.
Canadian copyright law gives copyright owners exclusive rights in their works, including rights relating to reproduction and public exhibition. (laws.justice.gc.ca)
3. Personal-Use Licence
Unless a separate written licence is provided, every photograph purchased through the website is sold or licensed for the purchaser's personal, non-commercial use only.
Personal use may include:
displaying a purchased print in a private residence;
keeping a purchased digital photograph for personal enjoyment;
using a purchased photograph as a personal computer, tablet, or phone background;
making reasonable personal copies for backup purposes; and
sharing the photograph privately with family or friends, provided the image is not being used commercially.
The purchaser may not, without prior written permission from the Company:
use a photograph in advertising or marketing;
use a photograph to promote a business, product, service, event, organization, or person;
use a photograph on packaging or merchandise;
sell, resell, sublicense, or redistribute the photograph;
provide the photograph to a third party for commercial use;
use the photograph as a logo, trademark, trade dress, or other commercial identifier;
incorporate the photograph into products offered for sale;
use the photograph in paid promotional content or sponsored content;
use the photograph to imply endorsement, sponsorship, affiliation, or association with a person or business; or
materially alter or manipulate the photograph for a commercial purpose.
A purchaser wishing to obtain commercial-use rights must contact the Company before using the photograph commercially. Commercial use requires a separate written licence and may require additional permissions, including a model release.
4. Identifiable People and Model Releases
The Company recognizes that an identifiable person's image may raise privacy, publicity, personality-rights, or other legal considerations.
Unless the Company has obtained an appropriate written model release or other legally sufficient consent, an identifiable person's photograph will not knowingly be licensed by the Company for use in advertising or promotion of a product, service, business, organization, or other commercial offering.
This restriction applies regardless of whether the photograph was taken in a public place.
In particular, the Company will not knowingly authorize the use of an identifiable person's image in a manner that suggests that the person:
endorses a product or service;
sponsors a business or organization;
is affiliated with a business or organization; or
has provided a testimonial or recommendation,
unless appropriate written consent or a model release has been obtained.
Where required by applicable law, the Company will obtain appropriate consent before using an identifiable person's name, portrait, likeness, or image for advertising or promotional purposes. In British Columbia, for example, the Privacy Act provides that using another person's name or portrait to advertise or promote the sale of property or services generally requires consent. (bclaws.gov.bc.ca)
5. Surf Action Photography
Surf action photographs may be taken from public beaches, shorelines, viewpoints, boats, watercraft, or other locations where photography is lawfully permitted.
Surf action photographs are offered primarily as personal-use photographs.
An identifiable surfer's image may not be used publicly in an advertisement, marketing campaign, commercial promotion, sponsorship campaign, social-media advertisement, website advertisement, product advertisement, service advertisement, or other commercial promotional material without a signed model release or other written authorization from the surfer or an authorized representative.
Purchasing a surf photograph does not grant the purchaser permission to use the surfer's likeness for commercial purposes.
A purchaser may not use a surf action photograph to imply that the depicted surfer endorses or is sponsored by the purchaser, a brand, product, service, event, or organization.
6. Photographs Taken in Public Places
The Company may photograph public spaces and activities occurring in public places where photography is legally permitted.
Photographs may incidentally include individuals in the background or surrounding environment. Where an individual is identifiable and the intended use creates a need for consent under applicable law, the Company will take reasonable steps to obtain appropriate consent or refrain from the applicable commercial use.
The Company does not represent that every person appearing incidentally in every photograph has provided a model release.
Nothing in these Terms is intended to create a waiver of any privacy, statutory, contractual, or other rights belonging to a person depicted in a photograph.
7. Portraits and Close-Up Images
Close-up portraits and photographs in which an individual is a principal or readily identifiable subject may require additional consent depending on the intended use and applicable law.
Where the Company intends to use an identifiable person's portrait for advertising or other commercial promotion, the Company will obtain a signed model release where required or otherwise appropriate.
A photograph being available for purchase as a personal-use artwork does not, by itself, grant the purchaser commercial rights in the depicted person's likeness.
8. No Implied Endorsement
No photograph offered through the website may be used in a way that falsely suggests that a depicted person, surfer, athlete, artist, business, organization, or other entity endorses, sponsors, recommends, or is affiliated with the purchaser or the purchaser's goods or services.
9. Commercial Licensing
Commercial licensing is available only by written agreement with the Company.
A commercial licence may specify:
the permitted media;
geographic territory;
duration;
number of impressions or reproductions;
permitted modifications;
advertising or promotional purposes;
exclusivity, if any; and
required model, property, trademark, or other releases.
Unless expressly stated in writing, a commercial licence does not include permission to use an identifiable person's likeness for advertising or promotion.
10. Third-Party Rights
A photograph may contain elements belonging to third parties, including people, trademarks, artwork, buildings, products, signage, or other property.
Except where expressly stated in writing, the Company does not represent that purchasing a photograph grants the purchaser any separate intellectual-property, trademark, property, publicity, privacy, or other rights in third-party elements appearing in the photograph.
The purchaser is responsible for obtaining any additional permissions required for a proposed use that goes beyond the personal-use licence granted under these Terms.
11. Prohibited Uses
You agree not to use any photograph purchased from the Company:
for unlawful purposes;
to defame, harass, threaten, demean, or falsely portray an identifiable person;
in pornography or sexually explicit advertising;
in political advertising or political endorsement without prior written authorization;
in a manner that falsely implies endorsement or sponsorship;
for advertising or promoting a product or service without the required commercial licence and permissions;
on merchandise or products for resale without a separate written licence;
to create a misleading or deceptive representation of the depicted person or subject;
to train, develop, or commercialize an artificial-intelligence or machine-learning dataset without prior written permission; or
in any manner that infringes copyright or other rights.
12. Digital Downloads
Where a digital photograph is purchased, the purchaser receives a limited, non-exclusive, non-transferable licence for personal use only, subject to these Terms.
The purchaser may not redistribute the original digital file, make it available for download by others, upload it to stock-photography websites, sell it, sublicense it, or otherwise commercially exploit it.
13. Prints and Physical Products
Purchase of a physical print or other photographic product transfers ownership of the physical item only.
It does not transfer copyright or any other intellectual-property rights in the underlying photograph.
14. Watermarks and Preview Images
Images displayed on the website may contain watermarks, reduced resolution, cropping, or other measures intended to protect the photographer's work.
Website previews may not be copied, downloaded, reproduced, screenshotted for commercial purposes, or otherwise used without permission.
15. Removal Requests and Privacy Concerns
If you believe that you are identifiable in a photograph displayed or offered through the website and have a concern regarding its publication or use, please contact:
pacotnz@gmail.com
Please provide, where possible:
the photograph or webpage in question;
your name and contact information;
an explanation of your concern;
whether you are the person depicted or are authorized to act on their behalf; and
any relevant information regarding the requested resolution.
The Company will review legitimate requests in light of applicable law, the circumstances in which the photograph was created, the intended use, and any applicable consent or release.
A request for removal does not automatically constitute an admission of liability or wrongdoing by the Company.
16. Accuracy and Availability
The Company attempts to accurately display photographs, descriptions, sizes, prices, and availability. However, colours and appearance may vary between monitors, screens, and printed materials.
The Company reserves the right to correct errors, discontinue products, or change prices and availability without prior notice, subject to applicable law.
17. Orders and Payment
An order is not accepted until the Company confirms the order or begins processing it.
Prices are stated in Canadian dollars unless otherwise indicated.
Applicable taxes, shipping charges, and other fees will be identified at checkout where required.
18. Returns and Refunds
All sales made through YUVIA COLLECTIVE are final.
Due to the nature of our photographic products, we do not offer refunds, returns, or exchanges once an order has been placed.
Please carefully review your order before completing your purchase.
Damaged or Incorrect Orders
If your order arrives damaged, defective, or is materially different from the item you ordered, please contact us at pacotnz@gmail.com as soon as possible after delivery. We will review the issue and, where appropriate, provide a replacement or other resolution.
Digital Downloads
Digital photographs and other digital products are non-refundable and non-exchangeable once the download has been made available to the purchaser.
If you experience a technical problem accessing or downloading a purchased digital photograph, please contact us and we will make reasonable efforts to resolve the issue.
Consumer Rights
Nothing in this policy limits or excludes any consumer rights, remedies, or protections that cannot legally be excluded or waived under applicable Canadian or provincial law.
Contact
For questions regarding an order, please contact:
YUVIA COLLECTIVE
pacotnz@gmail.com
Nothing in these Terms limits any consumer rights that cannot lawfully be excluded or waived under applicable Canadian or provincial law.
19. Limitation of Liability
To the maximum extent permitted by applicable law, the Company will not be liable for indirect, incidental, special, consequential, or punitive damages arising from the use of the website, photographs, or Services.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.
20. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless the Company, its owner, employees, contractors, photographers, and representatives from claims, losses, liabilities, costs, and expenses arising from your unauthorized use of a photograph or your breach of these Terms.
21. Changes to These Terms
The Company may update these Terms from time to time.
The current version will be posted on the website with its effective date. Continued use of the Services following publication of updated Terms constitutes acceptance of the updated Terms to the extent permitted by law.
22. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the applicable laws of Canada, without regard to conflict-of-law principles.
If the Company is located in another Canadian province or territory, this section should be revised to identify the applicable provincial jurisdiction.
23. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.
24. Entire Agreement
These Terms, together with any applicable order terms, privacy policy, licence agreement, and other written agreements between you and the Company, constitute the agreement governing your use of the Services and purchase of photographs.
25. Contact
Questions concerning these Terms, licensing, model releases, privacy, or commercial use should be directed to:
YUVIA COLLECTIVE
General Delivery, Tofino, BC, V0R 2Z0
pacotnz@gmail.com
Important Notice
These Terms are intended as a general business template and are not legal advice. Canadian privacy, publicity, consumer-protection, and copyright rules can differ between provinces and territories. Before publishing these Terms, the Company should have them reviewed by a lawyer licensed in the province or territory where the business operates.
In particular, Canadian privacy law recognizes that identifiable people appearing in images can raise privacy considerations even when the image is captured in a public place. (priv.gc.ca)
The Canadian Copyright Act also separately governs copyright ownership and permitted uses of photographs. (laws.justice.gc.ca)