Terms and Conditions
Updated April 15 2023
The following TERMS AND CONDITIONS are those in effect as of this date, between the owner and operator, Gabby Canario Photography LLC (“Gabby Canario Photography, Gabby Canario Portraits,” the “Company,” or “We,” or “Us” or “Photographer”) and the user (“You” or “Your” or “Client”). The Website owner and operator is under no obligation to inform You of any change to these Terms and Conditions, and by utilizing and/or purchasing any product provided on this Website, You agree to visit this URL regularly for updates to these Terms and Conditions.
The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to Gabby Canario Photography LLC, its affiliates, and all agents, employees, or other representatives.
The terms “you,” “your,” “Client,” and “User” refer to the Client and all agents, employees, or other representatives.
The term “including” means “including, but not limited to.”
The term “lifetime” refers to the ongoing access to the life of a program or product line, not for your life or the life of Gabby Canario Photography LLC, its affiliates, and all agents, employees, or other representatives.
The term “session”, “event”,“photographic session”, “photo session”, and “Photoshoot” refers to a hired photographic session for the purposes of taking custom photographs for portrait photography.
The terms “Agreement” and “Contract” refer to this duly executed contractual obligation between Parties.
By using and/or purchasing from any of the Websites, You expressly agree to any and all Terms and Conditions set forth herein. As stated above, We reserve the right to modify these Terms and Conditions at any time without notice, and it is Your responsibility to check this page periodically for any such changes. By using the Website(s) subsequent to a change to the Terms and Conditions, You thereby agree to accept and be bound by any such changes to the Terms and Conditions, regardless of whether You have actually read and/or otherwise reviewed said changes. If, at any time, You determine that You are not willing to be bound by these Terms and Conditions, then You shall relinquish any rights that You may have to the use of the Websites and any products purchased therefrom, and agree to no longer utilize the Website(s).
These Terms and Conditions apply to all websites owned and operated by Gabby Canario Photography, LLC, which include but are not necessarily limited to the following:
On occasion, the Websites will provide links to third-party sites (hereinafter referred to as the “Third Party Websites”) for reference or referral purposes. On such occasions, these Terms and Conditions shall apply only to Our Website(s), and expressly do not apply to the Third Party Websites.
Gabby Canario Photography, LLC has no official affiliation with the Third Party Websites, and therefore has no control over the terms and conditions that will apply to the Third Party Websites. It is Your responsibility to review the Third Party Websites for their applicable terms and conditions.
Additionally, Gabby Canario Photography, LLC does not endorse or take any responsibility for the content or products provided on the Third Party Websites. Therefore, You agree to hold Gabby Canario Photography, LLC harmless with respect to Your use of the Third Party Websites, despite any link thereto provided on the Websites.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If You are under 13, do not use or provide any information on these Website or on or through any of the features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about Yourself to us, including Your name, address, telephone number, email address, or any screen name or user name You may use.
If We learn We have collected or received personal information from a child under 13 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 13, please contact Us at email@example.com.
By utilizing the content or purchasing the products contained on the Websites, You expressly acknowledge that such information and materials are confidential, and agree not to disclose or share any such information to any third party.
INTELLECTUAL PROPERTY/SINGLE-USE LICENSE
All content contained in and all products sold on the Websites are the intellectual property of Gabby Canario Photography, LLC, and are protected by the copyright and trademark laws of the United States. As such, any such content and/or products are being provided to You for Your individual use and as a single-use license. No license to sell or otherwise distribute Gabby Canario Photography, LLC’s intellectual property is expressed or implied. You are not authorized nor permitted to use, sell, or share Our content and/or products on Your sites without express permission from Gabby Canario Photography, LLC. You expressly agree (1) not to infringe on or otherwise violate Gabby Canario Photography, LLC’s intellectual property, (2) to ensure that any confidential information disclosed to You by Gabby Canario Photography, LLC remains confidential, and (3) not to disclose any information provided to You by Gabby Canario Photography, LLC to any third party. In the event that You violate any provisions of this section of the Terms and Conditions, You agree that Gabby Canario Photography, LLC will be entitled to any and all remedies under the law, including but not limited to compensatory, punitive, and/ or treble damages and injunctive relief against You or third parties in relation to such violations.
SCOPE OF USE OF WEBSITE CONTENT
Notwithstanding the above, Gabby Canario Photography, LLC owns the content contained on the Websites. Accordingly, You may:
Link to the Website.
Extract any portion of a post on the Websites, provided that You cite the appropriate Website and provide a link to that Website.
Print and distribute portions of the Websites for internal distribution within Your company.
Print any information from the Websites in any non-commercial publication, provided You cite the source of information and provided information for accessing the source of the information.
If You wish to utilize the content of the Websites in any other manner, You must first obtain the express written consent of Gabby Canario Photography, LLC. In order to request such consent, please consent, please contact firstname.lastname@example.org
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between You and Gabby Canario Photography, LLC. We do not accept You as a client unless and until We You have signed a written agreement and paid a retainer fee in full, or until all fees are completed and processed. Thus, You recognize and agree that We have not created any professional-client relationship by Your use of this Website.
Gift card is valid for 5 years from the date of purchase. The gift card is valid for usage at any property of Gabby Canario Photography LLC. Gift card is not refundable. No change will be given but any unused balance will remain on the gift card and may be applied to future use. Any unused balance shall be automatically forfeited upon the expiring date. This gift card can be used for Photographic Products and Services. No replacement will be given if the gift card is lost, stolen or damaged. Use of gift card constitutes acceptance of terms and conditions. In case of any dispute, the decision of Gabby Canario Photography LLC is final. Gift card cannot be used in conjunction with other ongoing discounts or promotional offers. Gift cards are not refundable and not exchangeable for cash. Gift card must be used in a single purchase. Any balance amount will be discarded. Gabby Canario Photography LLC reserves the right to amend the terms and conditions without prior notice.
MESSAGING PROGRAM TERMS
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Gabby Canario Photography LLC, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Gabby Canario Photography LLC reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Gabby Canario Photography LLC also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Gabby Canario Photography LLC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Gabby Canario Photography LLC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Gabby Canario Photography LLC through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
BOOKING TERMS AND CONDITIONS
- Fees & Retainer
Clients shall reserve the time and date of services by signing and returning this Agreement along with a non-refundable reservation retainer equal to $500. No date is reserved until this Agreement is signed and the reservation retainer is received. The non-refundable reservation retainer is for booking out a full calendar day on Photographer’s schedule whereby no other clients can be served by Photographer. The Client agrees that this non-refundable payment is earned by the Photographer when paid and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.
These installment payments shall account for all services provided by Photographer after booking including, but not limited to, photography, planning, and communication, engagement session/bridal session, post-session editing, production services.
Any invoice not paid in full within 5 days of receipt will be charged a $75.00 late fee and will accrue an additional $5.00 per day of the unpaid invoice amount every day thereafter. In the event Clients fail to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, and may not remit all final, edited photographs to Clients.
The fees in this Agreement are based on Photographer’s current pricing at the time of booking. Photographer’s price list is adjusted periodically, and the pricing within this Agreement is only guaranteed upon booking. Clients understand and agree that they cannot downgrade the package and price agreed to within this Agreement after booking, but may upgrade at any time with the express, written consent of all Parties. All future upgrades and/or bookings will be charged at Photographer’s prices in effect at the time.
Coverage starts at the agreed upon scheduled time for the day (e.g. portrait session is scheduled at 10 AM on Friday means it start at 10 AM). Photographer will provide coverage for the dates, locations, and maximum hours specified in Agreement. Additional coverage hours may be added at a rate of $1000.00 per hour prior to or on the day, must be agreed to by the Parties, and must be paid in full before any photos or products are released to Clients.
- Pre-Session Consultation & Requests
The Photographer and Client agree to a pre-session consultation at least 5 days prior to the session. The consultation will work to finalize the schedule, location(s), and the Client’s particular requests. All specific photographic requests will be received by Photographer at least 5 days prior to event.
- Cancellation by Clients
If, for any reason, Clients cancel their Agreement more than 30 days before the session date, Photographer shall keep the non-refundable retainer and all other payments made by Clients up to the date of cancellation as liquidated damages, but Clients will not be responsible for any remainder due. Notification of cancellation must be made in writing by Clients and sent via email, pursuant to the Notice provision. Confirmation of receipt of notification email must be obtained by Photographer. If Clients fail to supply Notice of cancellation as specified before the session date or cancels within 30 days of the session date, Clients shall be required to pay the full balance due.
- Rescheduling by Clients
The client may reschedule the Photography Session once without forfeiting any fees paid, provided that: (1) Client provides notice of the desire to reschedule no less than 30 days before the Session Date; and (2) the Photography Session is rescheduled to a date no later than 60 days after the Session Date. If Client provides less than 30 days notice from the original session date, Client forfeits all fees paid and Client will be charged $500.00 upon rescheduling. If Client provides more than 30 days notice from the original session date, Client will be charged $200.00 upon rescheduling. Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. at no additional costs to the Client. Notification of rescheduling must be made in writing by Clients and sent via email, pursuant to the Notice provision. Confirmation of receipt of notification email must be obtained by Photographer.
- Reservation of event date
A signed contract agreement and a non-refundable retainer fee of $500.00 are required to reserve the dates and times of the EVENT(S). Payment for product orders shall be submitted to Photographer on the day of the in-person or internet viewing. If the EVENT(S) are rescheduled, postponed, or canceled; or if there is a breach of contract by the Client(s), the retainer fee is non-refundable and shall be liquidated damages to Gabby Canario Photography LLC. The Client shall also be responsible for payment for any of the Company’s materials charges incurred up to the time of cancellation. The non-refundable retainer session Fee is NOT REFUNDABLE for any reason once paid, under no circumstances will the Session Fee be refunded. If the Client splits the Session Fee into 2 payments, both payments are to be paid in full regardless of cancellation, or else the balance due shall be sent to Collections.
- Late Arrivals
Client arrives late to the Event(s), the Photography Session will end at the scheduled time. If Client is more than 30 minutes late for the Event, the Photography Session will be considered canceled and all fees will be retained by Gabby Canario Photography Any excessive “changing outfits” time is also taken out of the session time. Client session is an allotted time of 60 minutes. If client is a no-show, all monies paid is forfeited and there will be no available options to reschedule.
- Hair and Makeup
Client agrees to release and hold harmless Gabby Canario Photography for any services rendered or products applied by any stylist, hair and makeup artist, or other independent contractor(s) during the photography session. This includes, but is not limited to, allergic reactions or injuries resulting from the techniques or products used. Client agrees to notify Gabby Canario Photography along with any stylist, hair and makeup artist, or other independent contractor used during the photography session of any and all allergies prior to the Event(s).
The Client will retain full responsibility for styling choices, including but not limited to wardrobe, makeup and hairstyle. Photographer discussion and comments will only be construed as professional recommendations for consideration and not be deemed final choice. The Client gives Photographer permission to touch their person during the session. This includes, but is not limited to, adjustment of straps, clothing, and hair. All styling choices made by Client at the event are final and no additional photographic sessions will occur due to styling choices.
- Photographic Proofs
Gabby Canario Photography will make photographic proofs of selected images taken during the photography session available for viewing by Client for the sole purpose of selecting images from the photography session to be purchased by Client from Gabby Canario Photography in the form of digital images (“Photographic Images”). The images for the Photographic Proofs shall be selected at the sole discretion of Gabby Canario Photography. Client will not be given access to images not selected for the Photographic Proofs.
- Reveal Session
Reveal Sessions are held immediately after each Event. Photographic Proofs are made available to Client in person, any order of Photographic Images must be placed at that time. If no order for Photographic Images was placed at the time of the Reveal Session, the Photographic Proofs will be held for (60) sixty days. After (60) sixty days if no order has been placed, all session images will be deleted, NO EXCEPTIONS.
Client understand that they are required to place their order during the reveal session. If client is unable to make full payment for their order, they must be prepared to set up a payment plan with PayPal Credit. Orders for Photographic Images, including but not limited to Albums, Wall Art, Prints, Digital Galleries, or any other product sold by Gabby Canario Photography LLC are considered final when placed and cannot be canceled for any reason. Failure to make a down payment of the current ‘minimum down payment’ or pay in full on a final order within (60) sixty calendar days of the order being placed will result in the order being canceled and images deleted. Once the images are chosen/submitted, the order is considered in production. Due to the custom nature of orders, an order cannot be changed or canceled once it is in production. No refunds will be given.
Any payment plan contract agreed to will be included as an addendum (“Attachment A”) to this Contract. A late payment fee of $5.00 per day and every day thereafter will be applied to the late payment amount in accordance with the payment plan Agreement. No products will be delivered until the entire amount is paid in full. Acceptable payment methods include check or credit card. Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary.
- Exclusive Photographer
Unless agreed upon in advance, Gabby Canario Photography shall be the exclusive professional photographer retained for the event and reserves the right to terminate services if another professional photographer is present at the event. Photographer may bring assistants at its discretion.
- Image Processing, Retouching, and Edits
Photographer will only deliver edited .jpeg images to Clients and will not send original RAW files to Clients under any circumstance. Unless agreed upon prior to any editing work, digital photos may contain a mixture of color, black and white, and selective color images.
Photographer only enhances photos through corrections to contrast, lighting, and color according to Photographer’s artistic style as indicated in Section 18. Photographer does not change any inherent qualities of a person, as it is considered a “cosmetic edit”. Any additional cosmetic edits will be $75.00 per photo if it is requested by the Client after seeing the delivered images and the edited images will not be released to Client until the invoice for additional edits is paid by Client. Cosmetic edits include, but are not limited to, removing unwanted facial hair, removing unflattering parts of the body, changing hair color, changing shape of nose/eyes/body, adding in sky or clouds, glasses removal or accessories, shoes, etc. Clients must submit any cosmetic editing requests to Photographer within 30 days of delivery of final gallery, and thereafter no cosmetic changes will be allowed.
- Poses and Selection of Delivered Images
Clients understand and agree that Photographer will use every reasonable effort to take requested pictures, but no specific pose or photograph can be promised due to the unique nature of session days and unforeseen circumstances. Any lists supplied by Clients will be used for organizational purposes only. Photographer reserves the right to edit and release only the images that are deemed professional in quality and within Photographer’s standards. Such selection shall constitute all images that will be made available to Clients.
- Delivery of Images and Online Galleries
Photographer will deliver images that client purchased only. Photographer will deliver those final digital images to Clients within 10 business days, and only after any owed balance is paid in full, through an online gallery. Photographer shall only provide Clients with the number of photos that Client purchased during the Reveal and ordering appointment pursuant to Section 11. Clients and Clients agents will be able to download the full gallery of purchased images as well as individual photos onto a computer and/or smartphone. The online gallery link will be available to Clients for (90) ninty calendar days. Clients are responsible for archiving all photos pursuant to Section 22. Client understand it is Client’s responsibility to backup and download Client’s images before they expire. Client understand that to unarchive photos an additional unarchiving fee of $200.00 will apply.
- Posting on Social Media
Tagging is not a requirement but it is greatly appreciated. However, If Clients or Clients’ families and friends post a photograph on social media, and they want to credit Gabby Canario Photography LLC, they can either link to Photographer’s Facebook/Instagram page @gabbycanariophoto or type in the website address: [www.gabbycanario.com]. Clients and Clients’ family and friends understand and agree to not edit the original photos by filtering or changing the coloring.
- Artistic Style
Clients have spent a satisfactory amount of time reviewing Photographer’s work and have a reasonable expectation that the images delivered will be in a similar manner and style as indicated on Photographer’s website, social media, and galleries. Clients understand and agree that (1) Photography is a subjective art and Photographer has a unique vision, with an ever-evolving style and technique; (2) Photographer shall have final say regarding the aesthetic judgment and artistic quality of the images; and (3) Dissatisfaction with aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
- Inclement Weather
If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a successful session to the artistic standards of Photographer, Photographer shall notify Clients within 2 hours of session time and will inform Clients of the implications of shooting in light rain or inclement weather. In the event Clients do not elect to do an indoor session, Photographer will try its best to shoot the outdoor to the best of its abilities but does not guarantee the quality of images and will protect its photography equipment from rain, wind, and snow damage. Photographer is not responsible for photos it is unable to take due to weather implications and Clients agree to relieve and hold Photographer harmless for any lost photos due to weather. The Client understands that the nature of what may be possible for outdoor sessions is limited based on public ordinances, location requirements, and other location-based restrictions. Client will at all times abide by such location guidelines. If Client chooses to ignore guidelines, they do so at their own risk.
If the weather conditions are not desirable for the shoot based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived, or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer’s discretion.
The Client will assume all risks associated with the outdoor location(s) where the Client is photographed.
- Meals & Breaks
- Clients shall supply Photographer and assistant(s) with a 1-hour meal break if the event passes 4 hours in coverage. Clients will relieve and hold Photographer harmless for any moments or events that may be missed during mealtime. Clients shall also allow Photographer and/or assistant(s) a ten-minute break every 2 hours if needed.
- Client is participating in “Event” at my own risk, as outlined in the Agreement executed on photography session date between Client and Gabby Canario Photography. Client is aware that Gabby Canario Photography will feature food items supplied Gabby Canario Photography. Client will advise Gabby Canario Photography of any of Clients or other participants’ food-related allergies or dietary restrictions within 7 days of the Event.
- Failure to supply this information to Gabby Canario Photography will result in the assumption by Gabby Canario Photography that no allergies or restrictions exist. Client will not be entitled to rescheduling of the Event due to Client failure to notify Gabby Canario Photography of allergies or dietary restrictions.
- Gabby Canario Photography may at their discretion reschedule or cancel Event if Client reveals new information regarding allergies or dietary restrictions, or other related information, within 7 days of the Event or the day of the Event.
Client understands no photographic result is guaranteed and that adverse reactions to food items caused by food preferences may affect the outcome of the Event. Client will not be entitled to a refund if Client is displeased with the captured reaction(s) to the food items
Client acknowledges and assumes all risks associated with participating in Event, including but not limited to the following:
- Permanent staining of my and/or my children’s clothing from food dye or coloring transfer;
- Allergic reaction caused by my failure to accurately disclose the food allergies of myself or minor Event participants under my care; and
- Allergic reaction due to unknown or unlisted food ingredients.
- Model Release
This Agreement serves as a model release giving Gabby Canario Photography the irrevocable right to use the photographs in all forms, in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Photographer can grant use of the images to third Parties and all compensation for use and credit for the images remain the property of Gabby Canario Photography. Clients waive any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Clients, their legal representatives, heirs, and assigns.
- Client irrevocably and absolutely consent to the unrestricted use by Gabby Canario Photography and its successors, assigns, and designees (“Photographer”), and those acting with its permission authority to use any and all photographic or other images (“Images”) of Client that Photographer creates/created or makes/made on photography session date, for all purposes, in any form, and in any and all media, including, without limitation, advertising, solicitation, stock photography, or trade, or trade, to copyright same in Photographer’s own name or any other name that he may choose, and the right to use Client name in connection therewith if Photographer so chooses.
- Client waives any right to inspect or approve the finished Images, advertising copy, text, or other printed matter that may be used in conjunction therewith, or to inspect or approve the eventual use(s) to which the Images may be applied.
- Client releases and discharges Photographer and those acting under its authority from any and all liabilities, claims, and demands arising out of or relating to any blurring, distortion, or alteration whether intentional or otherwise, that may occur or be produced in connection with the Images, or in connection with any processing, alteration, transmission, display, or publication of the Images.
- Photo Distribution and Archiving
Upon receipt of photos via online gallery, Clients accept all responsibility for archiving and protecting the Clients’ photographs. Photographer keeps copies of edited .jpeg images for (90) ninety calendar days. Photographer is not responsible for the life span of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Clients’ responsibility to make sure that digital files are copied to new media and external hard drives as required. In the event Client asks Photographer to unarchive photos and reupload to an online gallery and the photos are still retrievable by Photographer; an additional unarchiving fee of $200.00 will apply.
The limited, personal photo release grants Clients and Clients’ agents, including family and friends, the right to reproduce the images provided for their personal use only and does not allow the photos to be altered or sold, including, but not limited to, entering into contests, without the express written consent of Photographer. Photographer will not be liable or responsible for providing reprints of orders processed through a print center site or any other company that is not Gabby Canario Photography. Client agrees that by printing on their own, they release Gabby Canario Photography LLC liable for any printing issues such as poor quality, printing mistakes, pixeled images, and any other printing and quality control measures.
- Photographer Copyright
All photographs taken by Gabby Canario Photography are its property, will remain its property, and are protected by United States Copyright Laws (USC Title 17). Clients hereby waive any claims for ownership, income, editorial control, and commercial use of the images. Violations of this federal law will be subject to its civil and criminal penalties.
Clients shall ensure the appropriate behavior of all guests and other persons at client’s photographic event/portrait session. In the event Photographer or any of its agents experience any inappropriate, threatening, hostile, or offensive behavior from any guest or other person at the event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature), Photographer will terminate coverage immediately. Photographer shall be entitled to retain all monies paid and Clients agree to relieve and hold Photographer harmless as a result of incomplete photography coverage.
- Safe Working Environment
Clients understand and agree that Photographer maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Clients further understand and agree that during the event Clients and Clients’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, unhealthy air quality, or other similar occurrences. In the event any of these circumstances arise, Photographer reserves the right to end service coverage immediately and/or leave the event. Photographer shall be entitled to retain all monies paid and Clients agree to relieve and hold Photographer harmless as a result of incomplete photography coverage.
Photographer is not responsible for behavior of Parties involved with the shoot, with the exception of Photographer personnel. If the desired outcome of your session is jeopardized by the behaviors of Parties involved with the exception of Photographer personnel, Photographer cannot be held responsible. The Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation. Any relevant medical issues, posing restrictions and allergies should be disclosed before the photoshoot.
- Venue and Location Limitations
Photographer is limited by the rules and guidelines of the location(s) and site management. Clients agree to accept the technical results of the venue/location’s imposition on Photographer. Negotiation with the officials for moderation of guidelines is the Clients’ responsibility and Photographer will offer technical recommendations only.
Clients are responsible for researching, acquiring, and paying for all permits, licenses, and/or any other necessary permissions for all locations and countries where Photographer will be performing services. In the event Clients do not acquire required permits, licenses, and/or any other necessary permissions and a fine is imposed, Clients shall pay the fine and agree to relieve and hold Photographer harmless.
- Travel Fees
Client agree to pay Photographer a travel fee of $1.87 per mile for travel extending beyond 40 miles of 85225. Any travel extending beyond 90 miles of the zip code 85225 shall incur additional fees for lodging and a per diem rate of $120.00 prorated for each travel day. Clients agree that in the event that their event is out of state, Client agrees to pay Photographer’s out-of-state travel expenses extending beyond Photographer’s home state which include Airline tickets and car rental.
- Client’s Responsibility to Secure Insurance
Clients understand and agree that it is their responsibility to acquire any and all travel, flight, and/or event insurance to protect themselves from unforeseen events, extreme weather, or extenuating circumstances beyond the Parties’ control. Clients agree to indemnify and hold Photographer harmless for all such occurrences.
Photographer’s office hours are Monday – Friday, From 10:00 AM to 3:00 PM PST. Photographer office hours exclude all holidays and vary in the summer. Photographer’s primary source of communication is through its email email@example.com. Photographer will respond to Clients’ emails within those office hours, and no more than 5 days after Clients email Photographer. Two days before the session date, Photographer will email Clients Photographer’s phone number and Client shall text and/or call Photographer if there are any issues related to the photography that need to be resolved immediately.
- Confirmation of Day-of Photography Schedule
Clients agree to confirm the day-of-event photography schedule one week prior to the event. Notification of any changes in schedule or location must be made within 7 calendar days of session date. Changes can be made by phone with a follow-up email for documentation. If an email is sent by Clients, confirmation of receipt must be obtained by Photographer.
Clients shall indemnify, release, discharge and hold harmless Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys’ fees, that are incurred by Photographer or awarded against Photographer in a final, non-appealable judgment, administrative proceeding, or any alternative dispute resolution proceeding, arising out of any third-party claim alleging:
- breach or non-fulfillment of any representation, warranty, or covenant under/representation or warranty in this Agreement;
- any negligent or more culpable act or omission of Clients or their agents (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement;
- any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Clients or their agents (including any reckless or willful misconduct);
- any failure by Clients to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement; or
- the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
- Maximum Damages
The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Clients under this Agreement.
- Limitation of Liability
If, during the event and/or before the image(s) are delivered to Clients, the media has been lost, stolen, or is unusable because of defect, damage, equipment malfunction, processing, or other technical error caused by Photographer or by forces outside the control of Photographer, Clients agree to relieve and hold Photographer harmless and will not impose any additional liability. Liability for a loss of photographs shall be prorated by Photographer based on the percentage of total photographs delivered.
Clients agree to relieve and hold Photographer harmless for any compromised coverage due to causes beyond Photographer’s control including, but not limited to, guests’ and/or Clients’ smartphones/cameras or flash in photos, the lateness of Client(s), the lateness of family members and party members or other principles, videography obstruction, weather conditions, schedule complications, rendering of decorations, or restrictions of the location. Clients further agree to relieve and hold Photographer harmless for existing backgrounds, obtrusive objects, or lighting conditions that may negatively impact or restrict the photography coverage.
In no event shall Photographer be liable under this Agreement to Clients or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Clients were advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
- Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within  days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of  days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Clients up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Clients’ account and must be used within  months from the date of Notice of the Force Majeure Event.
- Cancellation of Services by Photographer
In the event Photographer determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
- Immediately give notice to Clients;
- Attempt to reschedule with the mutual agreement of Clients;
- If another session date is not available or Clients do not agree to a reschedule, Photographer will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
- Excuse Clients of any further performance and/or payment obligations under this Agreement.
If a refund is given, Photographer shall send monies through the original method of payment ONLY within 21 calendar days from the cancellation date. Photographer will not be responsible for Client’s method of payment not being available or for Client’s account being in the negative.
- Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Clients and remitted by Photographer. All sales tax will be included on invoices.
- Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by all Parties, and physically attached to the original agreement.
- Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Maricopa County, Arizona. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Maricopa County, Arizona, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
- Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
This Agreement cannot be transferred or assigned to any third party by either the Photographer or Clients without written consent of all Parties.
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Photographer’s Email: firstname.lastname@example.org; Clients’ Email: .
- Acknowledgment of Covid-19
Clients acknowledge that they are aware of the Covid-19 virus, that Covid-19 is a known global pandemic, and that Covid-19 has the ability to be transferred from close person-to-person contact. Company will abide by all local, state, and federal guidelines surrounding Covid-19, will wear necessary personal protection equipment at the photography session, will practice necessary sanitation procedures, and will perform its services as planned if it still can still do so legally under applicable local, state and federal law (“Covid-19 Policies”).
Clients understand and agree that Company will not allow rescheduling of any services described in Agreement if on the session and/or event date Company can still legally perform services under applicable local, state, and federal law, no matter what parameters are put in place regarding the maximum number of people gathered together or other pandemic regulations or guidelines outlined by the local, state, or federal government. In the event Clients reschedule, Company’s rescheduling policies within Section 3 and Section 4 apply.
Clients further understand and agree that in the circumstance Company is unable to legally perform services on the photography session date, the retainer and all other payments made by Clients up to the date of rescheduling due to Covid-19 are non-refundable, but such payments shall be credited to Clients’ account and must be used within  days from the original photography session date.
This clause supersedes all other clauses under this Agreement for Covid-19 related purposes only.
- Gabby Canario Photography LLC will has full control of the album design pages. Client must choose their cover material and their cover image at their ordering reveal appointment. Client agrees to check the final album design very carefully before giving final approval. Once final approval is given, Gabby Canario Photography is not responsible for typos, image defects, duplicate images, or other errors that may have been missed. Client understands and agrees that once final approval of album design has been given to Gabby Canario Photography, no returns or refunds are allowed whatsoever.
- Gabby Canario Photography will use all photos purchased by Client for album design. In the case that the album spreads hit maximum capacity of images, Company will not include extra images in album but will still give Client a digital copy. The maximum number of images in an album is 100. Available size of the album is in the sizes 8×12 inches.
- If after one (1) calendar year from the date Photographer notified Client of product(s) for pick up the Client fails to claim the product(s) ordered, the items will be forfeited, and no refund given to the Client.
- The Client will view and approve the state of the album after delivery. If there are any manufacturer defects, the Client will return the album to the Photographer within fifteen (15) calendar days of receipt for repair. The Client agrees that the Photographer and/or third-party supplier are not at fault if the defect is self-inflicted by the Client or if they have not properly cared for the album or have caused purposeful damage in any way. Repair will not be covered for reasons including, but not limited to torn page(s), dented cover, broken spine, spilled items, or another general mistreatment by the Client. The Client agrees that submitting the album back to the Photographer with a manufacturer’s defect will not result in any layout changes, and only the defect will be repaired.
- Gabby Canario Photography is not responsible for delays in shipping, production, or manufacturing errors in albums or other physical products. Gabby Canario Photography shall not be responsible for any loss or damage occurring during shipping.
49. Products Included & Additional Purchases
The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time when the order is placed. The session price covers only the Photographer’s photographing time, travel, post-processing, and proof preparation. No products are included within the session retainer price. A minimum investment of $600.00 is required for all product purchases.
For purchase of images and products, Photographer will schedule a Viewing & Ordering Appointment.
IN-PERSON PRODUCT SESSIONS:
- The Photographer will make gallery proofs available through an agreed-upon in-person product consultation. When the proofs are available, the Photographer and Client will agree upon an in-person consultation date for viewing. These proofs will be available for viewing by the Client immediately following the photographic event. All orders must be placed during the in-person consultation. If the Client requests to extend the time, a $200.00 fee will apply.
- All product and image purchases are final.
- If after one (1) calendar year from the date Photographer notified Client of product(s) for pick up the Client fails to claim the product(s) ordered, the items will be forfeited, and no refund given to the Client.
The Client consents to sharing of photographs over the internet via photo gallery or other means utilized by Photographer. The Photographer will use every best practice to ensure the security of the system(s) utilized for photo sharing. The Client will release, indemnify and hold harmless the Photographer from any data breach or other software malfunctions leading to the sharing of Client’s photographs through no fault of the Photographer.
50. Session Retainer
The Client understands and agrees that no images, digital or physical, and products are included in the cost of the Session Fee. All images, both digital and physical, and products will be available for purchase immediately upon completion of the session. Any additional photography coverage beyond the terms listed at the top of this contract will be billed at $1000.00 per hour. The session fee is $500.00 unless discounts or sales are applied to the invoice. The session fee does not include any images whatsoever. The client has been educated on the investment and understands that the cost for a single product begins at $600.00
FOR INFORMATIONAL USE ONLY
The information contained on the Website(s) and the resources available for download through the Website(s) are for educational and informational purposes only.
We make no guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in their life, future portrait sessions, and otherwise. You nevertheless recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
We do not represent and warrant that the Website(s) will be uninterrupted, available at any time or from any location, secure, error-free, free from defects, or that the service or associated downloads are free from viruses or harmful components. USE OF THE WEBSITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
At various places on this Website, You may find testimonials from clients of the products and services offered by us. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.
Although these testimonials are truthful statements about the results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. We make no guarantees about the outcomes, or other recommendations given by Us or our affiliates. You specifically recognize and agree that the testimonials are not a guarantee of results that You or anyone else will obtain by using any products or services offered on this Website.
From time to time, the Company participates in affiliate marketing and may include affiliate links to be included on some of our pages. This means that We may earn a commission if/when You click on or make purchases via affiliate links. As a policy, We will only affiliate with products, services, and other experts that We believe will provide value to our customers and followers.
You recognize that it remains Your personal responsibility to investigate whether any affiliate offers are right for Your business and will benefit You. You agree to conduct and rely on Your own investigation to decide whether to purchase the affiliate product or service.
From time to time, the Company will refer to other products, services, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is Your responsibility to conduct Your own investigation and make Your own determination about any such product, service, coach, consultant, and/or expert.
The refund policy for products purchased from the Websites differs for each product, so check the sales material at the time of Your order for details. If You request and receive a refund for any product or service, You will be NOT allowed to purchase other products, or services in the future.
REFUND POLICY FOR PAYING CLIENTS
If for any reason Clients cancel their Agreement more than  days before the session date, Company shall keep the non-refundable retainer and all other payments made by Clients up to the date of cancellation as liquidated damages, but Clients will not be responsible for any remainder due. Notification of cancellation must be made in writing by Clients and sent via email, pursuant to the Notice provision. Confirmation of receipt of notification email must be obtained by Company. If Clients fail to supply Notice of cancellation as specified before the session date or cancels within  days of the session date, Clients shall be required to pay the full balance due.
ERRORS AND OMISSIONS
This Website is a resource of general information that is intended, but not promised or guaranteed to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but We cannot represent that this Website is free of errors. You agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Website.
In the event that any cause beyond the control of the parties (including, but not necessarily limited to, an act God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, etc.) make it inadvisable, illegal or impossible for to perform the obligations under this Agreement, that Party’s performance shall be extended (but not excused) without liability for the period of delay. Notwithstanding the foregoing, any regularly scheduled payments shall continue to be processed during the period of delay.
If any provision of these Terms and Conditions are deemed to be invalid or otherwise unenforceable, the remaining terms of the Terms and Conditions shall remain in full force and effect. Additionally, the failure of Gabby Canario Photography, LLC to exercise any right contained herein will not be deemed a waiver of that right or any further right hereunder.
USER’S PERSONAL RESPONSIBILITY
By using this Website, You accept personal responsibility for the results of Your actions. You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.
You may not assign Your rights to utilize the content or products contained on the Websites without the express written consent of Gabby Canario Photography, LLC.
By utilizing the content or purchasing the products contained on the Websites, You agree, for Yourself, Your spouse (if any), Your respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors, and accountants, to indemnify and hold harmless Gabby Canario Photography, LLC, and their respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors and accountants, and each of them, and anyone chargeable on their behalf, against any and all causes of action, suits, debts, injuries, damages, claims, and demands whatsoever from the e date of this Agreement arising from or relating to Your use of said content and or products from the Websites.
Any notice, demand, or communication required or permitted to be given by any provision of these Terms and Conditions will be deemed to have been given and received (a) when delivered personally to the Party designated to receive such notice, or (b) on the first (1st) business day following delivery to a nationally recognized overnight courier service (such as Federal Express), specifying next day delivery, or (c) on the third (3rd) day after the same is sent by certified mail, postage and charges prepaid. Any notice, demand, or communication directed to Gabby Canario Photography, LLC, shall be sent to:
Gabby Canario Photography, LLC
380 South Dakota Street, Chandler, Arizona 85225
REFUSAL OF SERVICE
Gabby Canario Photography, LLC reserves the right to refuse service to any person or entity without reason, including but limited restricting access to the Websites and refusing to sell products contained on the Websites.
EFFECT OF HEADINGS
The headings or captions of these Terms and Conditions are for convenience and reference only and do not control or effect the meaning or construction of any of the provisions hereof.
These Terms and Conditions shall be construed and interpreted in accordance with the laws of the Commonwealth of Arizona.
COPYRIGHT AND DMCA
Gabby Canario Photography respects the intellectual property rights of others. Per the DMCA, We will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, We will take whatever action We deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If You believe that Your intellectual property rights have been violated by Us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
A description of the copyrighted work or other intellectual property that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
An address, telephone number, and email address where We can contact You and, if different, an email address where the alleged infringing party can contact You;
A statement that You have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
A statement by You under penalty of perjury that the information in Your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
Your electronic or physical signature.
We may request additional information before removing any allegedly infringing material. In the event We remove the allegedly infringing materials, Gabby Canario Photography will immediately notify the person responsible for posting such materials that We have removed or disabled access to the materials. We may also provide the responsible person with Your email address so that the person may respond to Your allegations.
Pursuant to 17 U.S.C. 512(c), Gabby Canario Photography LLC’s designated Copyright Agent is:
380 South Dakota Street, Chandler, Arizona 85225
Email Address: email@example.com