Terms and Conditions for Photography Services

1. TERMS OF PAYMENT OF THE CONSIDERATION
Payment obligations will be carried out according to the specific dates established in the quote previously authorized and signed by the CLIENT.

The CLIENT shall make the first payment, corresponding to 50% of the total agreed amount, no later than 3 business days following the signing of the Contract. Failure to do so will automatically result in the termination of this Contract without liability to either party. This 50% payment secures the wedding date and is non-refundable. If the payment is not made within this period, GABER STUDIO cannot guarantee the availability of the selected date or the initially agreed rates.

The second payment, corresponding to the remaining balance, must be made one month prior to the event. If the event is canceled less than three months before the wedding date, the CLIENT must pay the balance of the Contract due to the high probability that GABER STUDIO will not be able to reschedule for that date. The CLIENT is obliged to request any necessary adjustments to these terms prior to signing this document.

Payment methods will be agreed upon in advance between GABER STUDIO and the CLIENT. Payments by check will not be accepted. If opting for electronic transfer, the amount corresponding to IVA must be included. Cash payments will only be accepted at the studio's facilities during established operating hours.

2. SHIPPING COSTS

The CLIENT is aware that any shipping costs associated with the delivery of the PHOTOGRAPHS from the selected package will be their responsibility. These expenses must be covered prior to shipping.

3. MEALS DURING THE EVENT

For events lasting more than six hours, it is required to provide a light meal for the GABER STUDIO CREW. For events exceeding eight hours, a full meal must be provided, excluding options such as Box Lunches, sandwiches, pizza, or hamburgers. Should the appropriate meals not be supplied, the CREW reserves the right to leave the event for a period of up to an hour and a half to obtain food, and will not be responsible for any moments not documented during that time interval.

4. IMAGE STORAGE

GABER STUDIO advises the CLIENT to download and make multiple copies of the files on various storage mediums to ensure the longevity of the images. GABER STUDIO will not be responsible for the malfunction of a storage medium due to misuse by the CLIENT. It is the CLIENT's responsibility to maintain multiple copies in more than one location and to back up the images on another storage medium, such as a hard drive or cloud storage.

4.1 DURATION OF DELIVERABLES

The gallery will be available for a period of 1 year from the official delivery date. The PHOTOGRAPHER will retain the files for a duration of 6 months after the delivery of the gallery. If the CLIENT wishes to obtain all files on an external hard drive, this service will be subject to an additional fee.

5. CLIENT OBLIGATIONS

By signing this service contract, once the PHOTOGRAPHS are delivered to the CLIENT by GABER STUDIO, the CLIENT assumes all responsibility, whether it be on behalf of their employees, agents, affiliates, or assignees, regarding any loss, damage, or misuse of said PHOTOGRAPHS.

6. CANCELLATIONS AND DATE CHANGES

The CLIENT has the right to cancel this contract within 5 days of its signing, in which case the deposit corresponding to 50% of the agreed consideration will be refunded. However, this right will not apply to contracts signed 10 days or less before the scheduled event date. Cancellations made 6 days or more after the signing of the contract will not be subject to any refund of the deposit.
The CLIENT commits to informing GABER STUDIO of any changes in the location or schedule of the event, at least three days in advance of the originally agreed date. In the case of needing to reschedule the event date, a penalty of 30% of the total agreed cost will be applied, and the new date will be subject to availability in GABER STUDIO's schedule.

7. THIRD PARTIES

The CLIENT may not, under any circumstances, assign or transfer this contract to a third party. GABER STUDIO also may not assign or transfer this contract to a third party, unless approved in writing by the CLIENT in advance. No waiver will be valid until it is put in writing and signed by both parties.

The CLIENT agrees to defend GABER STUDIO against any actions taken by third parties that could lead to complications in the production of the photographs. GABER STUDIO is not responsible for acts committed by third parties that could lead to complications or prevent the provision of the services established in this Contract.

8. DELIVERY TIMES

GABER STUDIO commits to delivering the high-resolution digital files to the CLIENT within an approximate period of ten to twelve weeks following the celebration of the wedding. This delivery will be made through a customized online gallery, accessible only to the CLIENT and the event coordinator hired by the CLIENT.

In the unlikely event that GABER STUDIO experiences any delay in delivering the final images, the CLIENT will be promptly notified about the situation and provided with a new estimated delivery date. Such delays may be due to factors such as seasonal workload, technical difficulties, or unforeseen circumstances beyond the control of GABER STUDIO.

The CLIENT acknowledges that the editing and post-production of the photographs are processes that require time and care to ensure the final quality of the product, in accordance with the professional standards of GABER STUDIO.

9. COPYRIGHT

Unless otherwise specified by a signed document, the ownership of all PHOTOGRAPHS and corresponding copyrights will exclusively belong to GABER STUDIO. The use of photographs generated under this service contract must be negotiated in advance. No rights, implicit or explicit, are granted in connection with payments made for professional services. Photographs produced by GABER STUDIO in the context of a commercial contract will be considered the property of the CLIENT solely for their personal non-commercial use.

Furthermore, the CLIENT grants GABER STUDIO authorization to select certain images from the delivered set for inclusion in the professional portfolio available on its website (www.gaberstudio.com), as well as for use in other mediums or events that GABER STUDIO deems appropriate.

GABER STUDIO retains indefinitely the rights of reproduction and exhibition of the PHOTOGRAPHS for use in photographic competitions, promotional materials, and any other type of professional document or portfolio for commercial or advertising purposes. Under no circumstances may the CLIENT use the PHOTOGRAPHS as a basis for derivative works or present them as their own, including, but not limited to, exhibitions, publications in magazines or print media, and digital platforms. The CLIENT is authorized to use the PHOTOGRAPHS in these contexts only if they commit to crediting as follows: Gaber Studio, www.gaberstudio.com.

10. EXCLUSIVITY

GABER STUDIO will be the sole professional photography service hired by the CLIENT to document the wedding event. Other photographers present at the event, possibly contracted by other suppliers for specific purposes of documenting their services, must limit their photographic activity to the scope of their contract, without interfering with the operations of GABER STUDIO or capturing images of the CLIENT, their family members, or the wedding itself. Family and friends of the couple are allowed to take photographs during the event, as long as this does not hinder the performance and responsibilities assigned to GABER STUDIO.

11. QUALITY STANDARDS

GABER STUDIO commits to employing its utmost diligence and skill to produce and provide high-quality photographs of the event. However, GABER STUDIO's liability for any claim or loss by the CLIENT will be limited exclusively to the refund of the amount paid for the service.

It is acknowledged that a wedding is an event of unpredictable nature, and as such, GABER STUDIO cannot guarantee the capture of specific images previously requested. The selection and post-processing of the PHOTOGRAPHS will be at the sole discretion of GABER STUDIO. Not all images captured during the event will be delivered; GABER STUDIO will exercise professional judgment to select and deliver those images that meet the studio's high standards of quality and artistic expression. In the event that the CLIENT requires all the images captured, this service will be subject to an additional cost, as specified in section 6.1 of this contract.

The CLIENT releases GABER STUDIO from any liability for non-fulfillment of its services in the event of delays in the event's logistics that are beyond GABER STUDIO's control, including, but not limited to, delays caused by the CLIENT, their family members, or any event service provider. Such delays could prevent GABER STUDIO from performing the tasks planned in the event coverage.

12. LIMITS OF LIABILITY

12.1 GABER STUDIO commits to maintaining a digital backup of the PHOTOGRAPHS resulting from the event in its database for a period not exceeding 60 days after their delivery to the CLIENT. After this period, GABER STUDIO will have no obligation to preserve copies of these images. If, after this period, the CLIENT requests file recovery, it can be done at a cost of $8,000 pesos, provided that the recovery of such files is feasible.

12.2 The privacy and confidentiality of the CLIENT's personal data will be guaranteed, except in cases where written authorization is provided by the CLIENT for disclosure, or in compliance with legal mandates by competent authorities.

12.3 In the event of impediments to fulfilling the obligations derived from this Contract due to force majeure events, including, but not limited to, illness, road closures, severe traffic, fire, adverse weather conditions, acts of terrorism, or theft, all reasonable efforts will be made to provide the services of a substitute photographer with similar qualifications. If this substitute photographer is not acceptable to the CLIENT, they will have the right to terminate the Contract and receive a full refund of the deposits made.

This refund commitment also applies in situations where photographic materials are damaged due to handling, lost due to camera failure, memory card errors, or failure of any storage device. The refund will only be effective in cases where the damage or loss is beyond the control of GABER STUDIO.

13. HARASSMENT AND/OR DAMAGE TO EQUIPMENT

The CLIENT commits to ensuring a safe and respectful environment during the wedding celebration, ensuring that all attendees maintain appropriate and respectful behavior. In the event that any member of the GABER STUDIO team is subjected to improper, threatening, discriminatory, sexually hostile, offensive behavior, or any other form of unacceptable conduct, or if their personal safety is compromised or exposed to illegal activities, GABER STUDIO reserves the right to immediately cease photographic coverage and withdraw from the event. Under such circumstances, GABER STUDIO will retain all fees paid to date, and the CLIENT releases GABER STUDIO from any liability for the resulting lack of photographic coverage.

Furthermore, the CLIENT will assume full financial responsibility for any damage or harm caused to GABER STUDIO’s photographic equipment by event attendees or vendors, including but not limited to damage to camera sensors from laser lights or any other equipment.

Regarding lighting, if laser lights are used at the event that could affect the integrity of the photographic equipment or the quality of the captured images, GABER STUDIO reserves the right to suspend coverage until such lights are deactivated or properly adjusted. The CLIENT commits to coordinating the lighting setup to not interfere with GABER STUDIO’s photographic work.

14. ACKNOWLEDGMENT OF ARTISTIC STYLE

The CLIENT acknowledges having reviewed and being familiar with the portfolio of GABER STUDIO and requests photographic services based on the unique artistic style it represents. The CLIENT understands that photography is a constantly changing and evolving discipline, and GABER STUDIO is committed to offering a highly personalized and creative service. Consequently, each set of photographs produced is unique and may vary from previous works done by GABER STUDIO.

The CLIENT agrees that the execution of the photographs is subject to the artistic and technical judgment of GABER STUDIO, who will apply their personal vision to interpret and document the event, which may differ from the CLIENT's vision. Therefore, the CLIENT agrees that the delivered photographs and videos will be accepted in their entirety and will not be subject to rejection based on subjective tastes or aesthetic criteria.