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.

DEFINITIONS
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.

These Terms & Conditions, along with our Privacy Policy, govern Your access to, use of, and functionality and services offered on or through https://www.gabbycanario.com, https://go.gabbycanario.com/, www.go.gabbycanario.com, http://www.gabbycanariophoto.com, https://www.gabbycanariophoto.com, www.gabbycanariophoto.com, or any other associated domains and/ or subdomains owned by Us now or in the future (the “Website”).

 

AGREEMENT TO TERMS OF USE

Please read these Terms and Conditions the Privacy Policy carefully before accessing You start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions and Privacy Policy when this option is made available to You, You accept and agree to be bound and abide by the terms. Disclaimer: If You do not want to agree to the Terms & Conditions and Privacy Policy, You must not access or use the Website.

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).

 

SCOPE OF TERMS OF USE

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:

• www.gabbycanario.com
• https://gabbycanario.com/blog
• www.go.gabbycanario.com
• https://go.gabbycanario.com

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 hello@gabbycanario.com.

 

CONFIDENTIALITY

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 hello@gabbycanario.com

 

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 CARDS

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 cards are not refundable, whatsoever. No change will be given but any unused balance will remain on the gift card and may be applied to future use for 5 years from purchase date. Any unused balance shall be automatically forfeited upon the expiring date of 5 years. Gift cards can be used for Photographic Products and Services by Gabby Canario Photography LLC. 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. Any unused balance on the card will remain available for future photography-related transactions until it expires. After it expires, 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).

MESSAGING CANCELLATION

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.

MESSAGING HELP

Text the keyword HELP to our shortcode to return customer care contact information.

 

BOOKING TERMS AND CONDITIONS

1. Fees & Retainer

Clients shall reserve the time and date of services by signing and returning a Photography Agreement along with a non-refundable reservation retainer equal to $500.00. 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. The balance due for the Photographer’s services shall be paid by Clients as follows:

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.

 

2. Coverage

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.

 

3. 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. Photographer can request to skip the pre-session consultation for past clients.

 

4. 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.

 

5. 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.

6. 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.

7. 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 Portraits  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.

 

8. Hair and Makeup

Client agrees to release and hold harmless Gabby Canario Portraits for any services rendered or products applied by any stylist, hair and makeup artist, or other independent contractor(s) during the . This includes, but is not limited to, allergic reactions or injuries resulting from the techniques or products used. Client agrees to notify Gabby Canario Portraits along with any stylist, hair and makeup artist, or other independent contractor used during the of any and all allergies prior to the Event(s).

 

9. Styling

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.

10. 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.

11. 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.

12. Orders

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. No photographic images will undergo editing until all payments are completed and paid in full. The promised delivery time commences the day after the invoice is paid in full. Furthermore, no products will be delivered until all payments are paid in full and the specified delivery time has transpired

 

13. Exclusive Photographer

Unless agreed upon in advance, Gabby Canario Portraits 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.

 

14. Image Processing, Retouching, and Edits

a) 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.

b) 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. No photographic images will undergo editing until all payments are completed and paid in full. The promised delivery time commences the day after the invoice is paid in full. Furthermore, no products will be delivered until all payments are paid in full and the specified delivery time has transpired

 

15. 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.

 

16. 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.

 

17. 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.

 

18. 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.

 

19. 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.

 

21. Meals & Breaks

a. 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.

b. Client is participating in (“Event”) at my own risk, as outlined in the Agreement executed on between Client and Gabby Canario Portraits. Client is aware that Gabby Canario Portraits will feature food items supplied Gabby Canario Portraits.  Client will advise Gabby Canario Portraits of any of Clients or other participants’ food-related allergies or dietary restrictions within 7 days of Event. Failure to supply this information to Gabby Canario Portraits will result in the assumption by Gabby Canario Portraits that no allergies or restrictions exist. Client will not be entitled to rescheduling of the Event due to Client failure to notify Gabby Canario Portraits of allergies or dietary restrictions. Gabby Canario Portraits 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: 

1. 1. Permanent staining of my and/or my children’s clothing from food dye or coloring transfer;
   2. Allergic reaction caused by my failure to accurately disclose the food allergies of myself or minor Event participants under my care; and
   3. Allergic reaction due to unknown or unlisted food ingredients.

 

22. Model Release

This Agreement serves as a model release giving Gabby Canario Portraits 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 Portraits. 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.

1. Client irrevocably and absolutely consent to the unrestricted use by Gabby Canario Portraits 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 me that Photographer creates/created or makes/made on , 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 my name in connection therewith if Photographer so chooses.

2. 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.

3. 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.

 

23. Prepayments & Discounts
Client has the option to prepay a specific amount of money before their session with the Gabby Canario Photography LLC. The prepaid amount will be applied toward the total cost of the photography services and products to be provided by the Studio. In the event that the Client does not utilize the full prepaid amount for the purchase of services or products, the Client shall be entitled to a refund for the remainder of the prepaid amount. Client will receive a discount of 10% off the package price before tax when they choose to prepay an amount before their session. This discount will be applied at the time of invoicing. For instance, if the Client chooses to prepay $1000, Gabby Canario Photography LLC will invoice Client for $900 plus applicable taxes, but Client will be credited with the full prepaid amount of $1000. This credit may be applied to future purchases of photography services or products.

 

 

53. 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 an 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.

 

54. 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 but it is applied in its entirety towards your final purchase.  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.

 

DISCLAIMER REGARDING USE OF ARTIFICIAL INTELLIGENCE (“AI”)

Gabby Canario Photography LLC may utilize AI technologies as a tool to supplement, enhance, and/or make suggestions to the Photographer’s final deliverables to Client. However, Photographer disclaims that the preliminary [raw images/raw footage] which include the thoughts, ideas, opinions, and/or expertise used to capture the raw [images/footage] was wholly human-created and original to Photographer, therefore Photographer maintains copyright ownership over such deliverables. Photographer was given a non-exclusive license to use such AI-generated content from third-party AI platform(s).

NO GUARANTEES

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.

 

TESTIMONIALS

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.

 

AFFILIATE LINKS

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.

 

NO ENDORSEMENTS

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.

 

REFUND POLICY

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 [14] 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 [14] 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.

 

FORCE MAJEURE

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.

 

SEVERABILITY/ WAIVER

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.

 

ASSIGNMENT

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.

 

INDEMNIFICATION

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.

 

DISPUTE RESOLUTION

If not resolved first via good faith negotiations, every controversy or dispute with Gabby Canario Photography, LLC relating to the content and/or products on the Websites, Your use of the Website, and/ or this Privacy Policy, the Parties agree to first submit the dispute to mediation. The mediator shall be selected by an agreement of the Parties, and costs shall be split equally between the Parties The mediation shall take place in Chandler, Arizona occur within ninety (90) days from the date of the initial mediation demand. If the Parties cannot reach a settlement within niney (90) days from the start of the mediation, the Parties may submit the matter to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The written decision of the arbitrator will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced by any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. All claims against Gabby Canario Photography, LLC must be lodged within one hundred (100) days of the date of the first claim or otherwise be waived. Notwithstanding the foregoing, We may bring collection actions with which to collect debts on unpaid accounts, the cost, attorneys fees, and expenses of which the losing party shall bear.

 

NOTICES

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.

 

GOVERNING LAW

These Terms and Conditions shall be construed and interpreted in accordance with the laws of the Commonwealth of Arizona.

 

PRIVACY POLICY AND EXCEPTIONS

Click here to view our Privacy Policy

 

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:

Juan A Lazoya
380 South Dakota Street, Chandler, Arizona 85225
Email Address: hello@gabbycanario.com