- "Thank you so much for thinking of me as your photographer! I'm so happy that you are ready to create beautiful baby and family memories that will last forever. Or to take your personal brand to the next level. "
♥♥ Gaby Hurtate
Service Terms & Conditions
Definition and Interpretation
“Company” refers to PORTRAIT STUDIO also known and doing business as “Gaby Photography”, a limited liability Company, owner of the website www.gabyhr.com . Also refers to its owner(s), shareholders, licensors, directors, employees, affiliates, subsidiaries, advertising agencies, agents, representatives, third parties and all companies to whom PORTRAIT STUDIO partnership.
“Us” or “we” or “our” refers to the Company.
“You” or “Your(s)” refers to you as a Visitor, User or Client.
“Visitor” is someone that merely browses our Website or visits our Studio.
“User” is a collective identifier that refers to either a Visitor or a Client.
“Client” has the meaning set forth in any type of product/service with signed Agreement or Contract with the Company
“Newborn” “Child” or “Ch¬ildren” is a young human being, male or female, between age 1 day old and his/her legal age of majority, taking 21 Years old as reference.
“The parent” refers to mother, father or both who are legal guardians of the child and allows the photoshoot to take place. “The parent” who signs this contract, warrants absolute consent and permission on behalf BOTH parents. Authorizes the Company to take lifestyle photos and/or to the use of the likeness of each and every photo so the Company can create some Art Works in order to fulfill this contract.
“Image” or “portrait” after culling, it is each and every Clicks that has been shoot, some of them might digitally be converted into Artwork.
“lifestyle Clicks” mainly aims to capture people’s portrait in situations, real-life events and/or milestones at client’s everyday way of life at their home environment, office and/or public spaces.
“Home Service” refers to provision of photography services at “Client’s” home, office and/or any specific location-landmark. Delivers lifestyle images as final gallery outcome.
“Booking Fee” or “Retainer”: is required an On-Line payment in advance to secure, reserve and hold client’s photoshoot day/time/place. Un-ables the Company to sell the slot to anyone else. All paid in advance monies are NON-Refundable.
“Terms and Conditions”: You will find them On-Line at www.gabyhr.com. It provides and enforces a legal basis for the Company’s straightforward and truthful relationship with its users and Clients. Is considered a contract in a court of law. It establishes the rules and guidelines of the Company, the customer experience and the details about the product and / or service provided by Portrait Studio.
“Artwork” represents the Company’s art, style and Vision. Editing & special composites.
“Files” your digital format 8X12 inches max at110dpi. Prints not included.
“Service & Product” any of our available photo shoots, prints, albums, photo slide-show videos, and photo animations among others which a Client pays the Company a very specific Fee.
NOW, THEREFORE, Client agrees that services to be provided as per the provisions of this contract as follows:
1.- Release of Liability
I have carefully read this document and fully understand its contents. i am aware that this is a release of liability and constitutes a contract between me and “Portrait Studio”. I sign this document freely and voluntarily without duress or coercion.
I am a voluntary participant along with my family for the photo shoot I have hired with PORTRAIT STUDIO. I am aware that participation in this session may involve interaction that could potentially lead to injury, sickness or even death. i am voluntarily participating in these photoshoot activity and interactions with knowledge of the danger involved and agree to assume any and all risks of bodily injury, death, property damage, or other loss, whether those risks are known or unknown. I am expressly assuming all the risks associated with my participation in this activity. I am expressly assuming the risks associated with the current covid-19 pandemic among other risk that have not enlisted at this document now or hereafter known. I am totally aware of the News, current Government Center for Disease Control and/or all Governmental Directives Guidelines regarding Covid-19. I have decided to proceed and continue this photoshoot. I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, silent contagion, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my participation in this photo shoot .
Parent or Guardian, Release
I represent and warrant that I have the authority to give this release.
I am the parent or guardian of the minor child(children) and on the minor’s behalf and on my behalf and on behalf of all other parents or guardians of the minor, I accept the release and waiver of liability at the top of this document as inducement for allowing my child, or this minor/children, to participate in the activity described above as photo shoot. I declare I have voluntarily hired the professional services of PORTRAIT STUDIO.
I further authorize any emergency medical care which may be necessary for my minor child. The undersigned Parent or Legal Guardian of the minor child (the “Minor”) agrees:
-To waive the rights of myself and all other parents or guardians of the Minor, and of the Minor, to sue the released parties, its officers, directors, owner, managers, employees, agents, successors, assigns and/or others
-To fully inform the released parties of any medical conditions or concerns related to my minor prior to minor’s participation in the photo shoot;
-That the minor has my full consent to and knowledge of participation in this photo shoot and/or activity no matter the place where it was held
You are aware, understand and accept with no objections: The Company can’t guarantee any specific look, design , colors, props, fabrics, backdrops, digital backgrounds, digital overlays nor editing style or photo replica from what you have seen at www.gabyhr.com . The Company does not accept any specific photo request and /or requirements. Client allows The Company absolute control over the photo shoot and final gallery outcomes. The Company has no obligation to meet Client’s demands in case any, some and/or the total images of the gallery doesn’t pursuits the client expectations. NEWBORNS will remain wrapped the entire session to ensure beautiful outcomes. The Company has NO obligation to deliver any naked baby photos. The Company can’t force the child in order to get any specific look or request, with NO exceptions, gallery end result and the photographer performance will entirely depend on what Child allows during the session, each image its subject to Client’s shooting spaces, landscape, and/or On-location ambient light and surroundings. Session fees will not be altered or discounted regarding our client(s) and child mood, posing nor face expressions. We will embrace the child mood, age, body capability during your photo session and choose the best images from what we got. There is NO re-shooting.
About your package, price and payment: Pricing with specific description about what’s included & restrictions has been sent to your email, Social media account and/or WhatsApp PRIOR your session. AFTER photo shoot took place, The Company does not customize prices to suit Client new budget, failure to pay any outstanding balance will result in The Company withholding the session photos. All prints and/or larger files are sold separately. RAW files are NOT included. Delay album and/or prints ordering, the company has NO obligation to hold the old prices AFTER 30days of purchase, the Company outsource third party to fulfill this contract. Once you have received your images in any shape or form, digital and/or printed, you can’t dissolve this contract.
From the photographer: Regardless of how many weeks pregnant you are or your child age, photographer performance will entirely depend on what your family & Child allows during the session. You bare with us that all these specific details might affect the outcomes and/or number of different images the Company will deliver as final gallery. You entirely grant authority to the Company to take total control, action & decisions if pregnant mother/ child sibling(s)/newborn(s) can or can’t be posed together. Safety its paramount with NO exceptions.
Proofs: The Company’s turnaround is 25working days after your session and just after full payment has been made and reflected at the Company’s bank statement. During the reveal day, ALL decision makers shall be present since considering the nature of our digital products, ALL sales are FINAL, NON-refundable nor exchangeable for new images and client agrees on that. The Company will deliver the final order thru a Link, Client will be able to download and save as convenient.
RETOUCH: The Company will select & edit the BEST photos on your behalf. This will be based on beauty, posing, lighting, sharpness and focus. There is NO raw files access. Skin flakes, red spots, birth marks, acne, deep scars, black eyeliner, fake eyelashes, untrimmed eyebrows removal or tattoo retouch. Unflattering hair/make Up, braces, regrettable wardrobe choice, color changing, slimming, head swapping, cloth or face wrinkle removal, bra straps removal, glasses who showcase the strobe light glare, teeth whiting, belly stretch marks, belly button reconstruction is NOT INCLUDED at any of your package pricing. . Hair in face removal, smoothen face skin, fix under eye bags, double chin, hair or beard fill in, frizz hair, bruises, moles, gray hairs, food in teeth. Red eye, snot, neckline, nail polish or tear removal, booty lift, muscle enlargement, smaller ears, straighten teeth. Partial or complete background change, undesired objects or furniture removal is also NOT included. The editing services for lifestyle images its limited to the culling, white balance, exposure and color correction. Any others are NOT included in your package pricing, remaining images will be edited and some of them converted into Artwork(s) using Photoshop as a main software tool and some of the cases will be the result of composite(s) and overlays. Client allows the Company to create a photo gallery using the Client’s portraits.
Backup of your photos: The Company has NO obligation to back up the images on your behalf, for that reason, Client will be entirely responsible for the originals of their images, must save the files and keep in a safe-cool and dry place. There is NO backup nor replacement from our side after 30 days. The Company is NOT responsible from any corrupted card & data loss and/or compensation for lost photos, whether or not the Company has caused such damages or any other loss rising from computers failure, user’s usage, Notwithstanding anything to the contrary contained herein, Client’s exclusive remedy and The Company’s total liability to you, if any, for any claim whatsoever and regardless of the claim theory (whether based on contract, tort, warranty, indemnification or otherwise) or the existence of multiple all claims, will at all times be limited to an amount “EQUAL” to the verified amount paid by, if any, by the Client to the Company for the product and/or service.
Copyright: This contract is NOT a commercial use License. This contract allows you a “Personal and/or personal branding use license” ONLY. You may not sell the images nor use them for any marketing purpose without a written approval from the Company. Copyright ownership remains with The Company.
Social Media release form:
• Unless you express contrary, HERE and hand written, prior you start the session and at the moment you are about to signing this contract; Client, parent and/or Legal guardian grants total authorization to the Company universal and absolute use of each and every of the images and for that reason exonerates The Company from any legal repercussions and/or economic compensation as a result of the publication of the images. You grant The company a perpetual, unlimited, worldwide, non-exclusive, royalty free, sub-licensable right and license to use, publish, reproduce, display, perform, adapt, modify, create derivative works, distribute wall arts, prints and/or digitals, to promote our work by using your and/or child images in whole or in part, at any digital and/or printed marketing campaign in any shape or form, such as public online feeds and at any of the Company’s website, massive showcase and/or display and in ALL Social media forms now or hereafter known among others that have not enlisted. The Company will be able to use the images without any other prior notification-authorization to/from you besides the one you ALREADY granted by signing this contract.
• In the case of later regret and/or change of mind from the Client, you exonerate the company from any penalties. The Company has NO obligation to remove prior Social Media publications nor remove printed material from the market that has been released. The Client acknowledges the Company will use the images for marketing purposes. Client allows the images to participate into any art exhibits, art galleries, charity display and fund raisers and/or print competitions. Client authorize The Company to create all type of marketing material and/or fine-art wall displays without any economic, services and/or product compensation
• Due to the massive photo data the Company handles on daily basis and due to the fact that technology might fail occasionally and the Company has no control over it, we can’t hereby responsible if mistakenly, involuntary and/or technology glitch(s) makes public any or all your images thru Social Media. Those rare and/or special cases, images will be deleted immediately from Social Media and without any legal and/or monetary repercussions against the Company. IF your images are beyond and above sensitive and mandatory shall remain PRIVATE by any and/or all this reasons enlisted but not limited to religion, cultural values and/or by choice, please DO NOT allow The Company take any photo of yours , babies or relatives otherwise automatically
• For re- assurance and for avoidance of all doubt, the Company does not sell iStock images
Refund: Considering the nature of our custom–made digital products; all sales are FINAL; all fees are NON-refundable nor exchangeable for new images. Your Retainer covers and constitutes ONE visit. In the case photoshoot never took place on booked day/time, any payments will be applied to future services. Reschedule and rebooking will only take place if the Company is available to shoot the session on the newly requested date in a time frame NO later than 6months after purchase or no later than December 10th present year. After that, client its aware and agrees that ALL payments are considered as a loss, non-recoverable with no longer re-schedules. All monies will be considered as liquidated damages at the Company’s favor. The company have no obligation to re-edit, replace images nor refund when final gallery hasn’t reached the client expectations. The Company is not responsible for post regret, purchase remorse nor any personal circumstances status. Unsatisfied clients are aware and agree that can’t release any defamation, disparage or defame The Company in any way especially thru Social Media. Client will avoid making any derogatory comments, whether written (libel) or oral (slander), regarding the Company product and services or shall be considered as cybercrime bulling.
photographer colleagues: This is 5 year non-compete contract, You are NOT permitted to record nor document your photo session. You state you are not a photographer nor have intentions to be. You declare you haven’t hire us to learn The Company’s “know-How” nor taking your session as a workshop to collect information & procedures that The Company gave you prior, during and after the photoshoot. If any of the above happens, you are aware you have violated all PORTRAIT STUDIO Copyrights and for that reason you agree & accept to indemnify The Company at the fullest including and not limited to any and all legal expenses incurred as a result of a law suit against you and your third parties involved
Failure to Perform: If the “Company’s” Photographer(s) is unable to perform the services as set out herein due to COVID-19, any other pandemic, government official and/or suggested lockdown, due to illness, emergency, fire, casualty, strike, act of God, due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without mal intention or fault of the Photographer or causes beyond the control of the Company among others not enlisted, the Company and the “Client” shall make every attempt to reschedule the photo shoot when possible within 1(one) year calendar or let go. The Company has no further liability nor has obligation to provide any RAW images nor refund after that timeframe.
Contract Termination: The client waives and forever discharge PORTRAIT STUDIO and owners from any and all claims and losses (economic and non-economic, including RAW images), agrees not to sue the Company for any and all payments have made in the case of incapacity or death of the main photographer , Mrs. Maria Gabriela Hurtarte Rivas de Bracho.
Waiver: I hereby waive, release and forever discharge PORTRAIT STUDIO and owners from any and all claims I may have now or arising in the future related to my participation in the photo shoot session, such as: any and all type of claims, judgment and/or suit, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including but not limited to, the costs of defending any such claims, including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or resulting from any injury, death, loss, or damage sustained or claimed by Minor or Minor’s personal representative; or just related to my and/or family participation in the photoshoot or my travel to and from such activities . I further agree to indemnify, hold harmless, I covenant and agree not to sue any Released Parties for any such claims. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, employee(s), heirs, friend(s) , next of kin and any legal or personal representatives, executors, administrators, successors, employee, employer and assigns, or anyone else who might claim or sue on my behalf.
Servability: in the event; in whole or any portion of this contract shall be declared invalid, unenforceable or void by a court of competent jurisdiction, the remaining of this contract shall continue in full force and effect.
Governing Law and Dispute Resolution
You acknowledge and hereby declare that is your handwriting and signature at this contract. This Agreement shall be governed by and in accordance with the laws and regulations of the Emirate of Abu Dhabi and the federal laws of the UAE applicable therein.
Bonding: Client understands PORTRAIT STUDIO Terms and Conditions, agrees to be bound by them at the fullest.