TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Brey trading as Yosemite's Golden Photography. “The clients” shall be those persons using the services. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed upon by the photographer in writing.
1. COPYRIGHT
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
ii. Any images being used on social media or websites must credit the photographer. The photographs produced by this photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographer's explicitly written permission. The Photographer is the only one who can crop, modify, or alter any image produced at this photo session. You may post images on social media but must credit the photographer at all times.
ii. Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans, unless specifically permitted.
2. DISPLAY
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, etc.
3. CREATIVE LICENSE, COVERAGE, AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer, although every effort will be made to comply with the client's requirements.
ii. Special requests are not binding instructions, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice, and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
4. PAYMENT
i. A non-refundable booking fee of 50% for regular sessions/elopements and 35% for weddings/elopements will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due the day of for regular sessions and 1 week before weddings/elopements.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remain with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown, etc.
6. DIGITAL NEGATIVE FILES/RAW FILES
i. All digital negatives (computer files) remain the property of the photographer. All digitals from regular sessions or wedding packages are not shared or offered.
ii. Should the digital negative files be lost, damaged, or destroyed for reasons beyond control, the photographer's liability shall be limited to a full refund of any deposits and fees paid but shall not include a refund for any goods already received.
7. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
8. CREDITING THE PHOTOGRAPHER
i. Photographer must be credited at all times when using any of the images taken by Yosemite's Golden Photography or associates.
ii. Images may not be used for competitions if there is a reward. If used, a fine will be applied and the item(s) will be turned over to the sole owner of the images, Yosemite's Golden Photography.
iii. Failing to do so, Yosemite's Golden Photography will ask to request withdrawal of the image from the contest/source within 24-48 hours and/or contact the editor to request a withdrawal.
Gift Card Terms and Conditions
A portrait experience with Yosemite's Golden Photography really is the perfect gift for new parents, birthdays, holidays, or just because! The lucky recipient receives photos that will last a lifetime.
The Fine Print:
- Gift Certificates may be used toward any type of session fees
- Gift Certificates have a 1-year expiration date from purchase.
- Your gift certificate will arrive via email with a code. By purchasing this gift card, you agree to the following terms and conditions:
These Terms and Conditions apply to Gift Certificates and govern the relationship between Yosemite's Golden Photography & Gift Certificate Purchaser/Holder. Purchase/use of your Gift Certificate will constitute acceptance of these Terms and Conditions. These Terms and Conditions override any statements on your Gift Certificate if they are different. You must therefore read them carefully. If there is anything you do not understand, please contact us at yosemitesgoldenphotography@gmail.com.
Your Gift Certificate is issued by and remains the property of Yosemite's Golden Photography. A code that is issued at the time of purchase is the only way it can be redeemed. All Photo-sessions must be scheduled at least 3-4 weeks in advance and based on photographer availability.
Using your Gift Certificate: You may redeem your Gift Certificate at yosemitesgoldenphotography.com. When you use your Gift Certificate the amount of your purchase will be deducted from the balance on the Certificate. The remaining balance may be applied to future purchases. Your Gift Certificate is not a credit Certificate, charge Certificate, or debit Certificate. You may not exchange your Gift Certificate for cash. Refunds will not be given for the purchase of a Gift Certificate. We reserve the right to refuse to accept Gift Certificates which we believe may have been stolen or obtained in another illegal way.
Expiration & Cancellation: There is an expiration period of one (1) year from the date of issuance, applied to your Gift Certificate. However, we reserve the right to cancel your Gift Certificate if we suspect it is being used fraudulently or in breach of the following Terms and Conditions.
Loss, Theft, Damage: Yosemite's Golden Photography is not responsible for lost or stolen Certificates. You should immediately report any loss, theft, fraudulent or unauthorized use of your Gift Certificate to us immediately at yosemitesgoldenphotography@gmail.com . If you lose your Gift Certificate or it is stolen or damaged, we may, at our sole discretion, replace your Gift Certificate and transfer the balance stored on it to a replacement Certificate. Circumstances in which we may determine not to replace your Gift Certificate include where we reasonably believe that the notified incident has been caused by your breach of these Terms and Conditions or where there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct. If we agree to replace your Gift Certificate, a replacement Certificate will be delivered to your home address, usually within 7-10 business days of you first notifying us of the incident, and giving us your contact information. We reserve the right to charge a replacement Certificate fee of $20.00, for each replacement Certificate, in the event that you are issued with more than two replacement Certificates within any 6 month period. If you subsequently find or retrieve a Gift Certificate that you have reported lost or stolen, you must notify us immediately. The code will be voided from each certificate issued.
Resale/Use in Promotions: You may not sell your Gift Certificate. Gift Certificates may not be used in sales or promotional activities including giveaways or prizes in competitions without our prior consent. We reserve the right to cancel any Gift Certificate that we suspect has been resold or obtained in connection with an unauthorized sales or promotional activity.
Customer Services: If you need assistance or if you have any inquiries relating to your Gift Certificate, please email me at yosemitesgoldenphotography@gmail.com .
Data Protection and Privacy When you use a Gift Certificate you will be asked to provide certain personal information, including your name, address and contact details, as well as signing a contract regarding the photo session. We are committed to maintaining the security of your personal information in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorized access, loss, disclosure, or destruction.
Liability: Yosemite's Golden Photography shall not be liable for any loss or damage arising from or in connection with your use of a Gift Certificate, where such loss or damage arises from any cause beyond our reasonable control. Where any loss or damage arises from a cause within our control, our liability to you shall not exceed a sum equal to the balance on your Certificate, as at the date that such loss or damage occurs. This clause shall not exclude or limit any liability that cannot be excluded or limited by law.
Variation: We reserve the right to amend or waive any provision of these Terms and Conditions from time to time or to terminate the Gift Certificate service on reasonable notice. The Terms and Conditions applicable to the use of a Gift Certificate shall be at any time the terms and conditions published on yosemitesgoldenphotography.com and your continued use of a Gift Certificate shall constitute your acceptance of such terms and conditions.
Governing Law These Terms and Conditions are governed by the State of California.
Redemption: Gift certificates are issued for redemption by the client, to Yosemite's Golden Photography in exchange for professional photography services at time and place agreed upon and confirmed by the client and Yosemite's Golden Photography. Photo-session is by appointment only, subject to photographer availability. All Gift Certificates do not include specific times and/or dates and are limited by location to within 1 hour of Sacramento County unless otherwise agreed upon by the client and Yosemite's Golden Photography. Studio sessions (indoors) or locations that require permits, may incur additional fees above certificate amount, which may be paid by the client. Gift certificates cannot be redeemed for cash or returned for a cash refund, and cannot be replaced if stolen. Cannot be redeemed be used or redeemed toward previous purchases or redeemed to purchase other gift certificates, cannot be resold, and are not refundable. Yosemite's Golden Photography is not responsible for stolen gift certificates and retains the rights to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is redeemed and/or used to make a purchase. Any purchase exceeding the value of a gift certificate requires balance to be paid with a valid credit card, cash or check, to complete the transaction or services not covered by the gift certificate. Yosemite's Golden Photography can provide gift certificate purchasers with information about the redemption status of gift certificate by request.
Expiration: Gift certificates issued by Yosemite's Golden Photography are good for one year of the date of issuance/purchase and must be redeemed in full within the valid time period. Any unused balance will not be refunded or credited upon expiry. The gift certificate must be shown (either by phone picture, email, or in-person) when making a booking to verify that you are the gift certificate holder. All bookings will require a signed contract at the time/date of booking by Yosemite's Golden Photography and client. If a gift certificate cannot be verified, due to the loss by a client of the gift certificate, or proof of certificate holding cannot be obtained, the client then forfeits the gift certificate and Yosemite's Golden Photography is not held responsible for any amount/services listed on the lost gift certificate.
Photography Contract Required: All gift certificate holders must sign a legally binding photography contract with Yosemite's Golden Photography before any photography or print services will be administered. Without acontract signed, thegift certificate holder does not have the rights to any services provided by Yosemite's Golden Photography and does not have the right to use a gift certificate in exchange for any Yosemite's Golden Photography photography or print services, or for any monetary refunds.
Cancellation: Gift certificates may be canceled by Yosemite's Golden Photography, if after issue, any information supplied at the time of purchase is untrue or inaccurate, or if payment is declined or incorrect cardholder details and/or billing information has been supplied.
Missed Appointment: Your gift certificate entitles you to a single photo-session booking and will be forfeited if you do not attend your appointment. All print credit will be forfeited as well. Rescheduling, and carrying over your gift certificate and security deposit may be considered where (1) more than 48 hours notice is given and only if there is a genuine reason beyond your control, or (2) if a substitute appointment is available. Any such rescheduling is entirely at the sole discretion of Yosemite's Golden Photography.
Refusal of Service: Yosemite's Golden Photography may refuse service where the provision of services would, in our opinion, negatively affect the workplace rights, safety, or well-being of our Staff or Clients, or cause unreasonable disruption to our normal operations. This includes any issues of abuse or disrespect (whether emotionally or physically) by the client towards any of our Yosemite's Golden Photography staff members. If this happens, the gift certificate, print credit, and any other offers pertaining to gift certificate will be forfeited and withdrawn from client use, and client will not hold Yosemite's Golden Photography, its staff members and heirs liable in any way for amount of gift certificate. If you are refused services due to issues stated above, you then forfeit any rights to a gift certificate photo-session offered.
All Rights Reserved: Yosemite's Golden Photography reserves the right to amend these gift certificate terms and conditions from time to time, at our sole discretion. In the event of any dispute, the decision of Yosemite's Golden Photography is final. All terms and conditions are applicable to the extent permitted by California state law.