• "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

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Terms and Conditions

Service Terms & Conditions
Definition and Interpretation

“Company” refers to GABY HR PHOTOGRAPHY SERVICES also known and doing business as “Gaby Photography”. It is   the Service Provider , a FREELANCER Photographer with License issued by DED AbuDhabi and owner of the website www.gabyhr.com . Also refers to its advertising  and all companies to whom GABY HR PHOTOGRAPHY SERVICES partnership.
“Us” or “we” or “our” refers to the Company: Gaby Photography and/or The photographer.
“You” or “Your(s)” refers to you as a Visitor, User or Client.
“Visitor” is someone that merely browses our Website
“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” , “Children” and/or “minor(s)”  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 photo shoot to take place. “The parent” who signs this contract, warrants absolute consent and permission on behalf of 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.
“Home Service” refers to provision of photography services at “Client’s” home, office and/or any specific location-landmark within Abu Dhabi City or near surroundings.
“Booking Fee” or “Retainer”: On prime days/hrs,  payment is required  in advance to secure, reserve and hold client’s photo shoot day/time/place. Since unables the Company to sell the slot to anyone else, ALL paid in advance monies,  are NON-Refundable nor re-schedule.
“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 Gaby Photography.
“Artwork” represents the Company’s art, style and Vision. Editing & special composites.
“Files” your digital format 8X12 inches with a max Resolution 140 dpi. Prints not included unless specified at the quote.
“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, PRIOR the Client hires Gaby Photography Services…. The Client has carefully read our PRINTED CONTRACT provided PRIOR the photo shoot takes place , Client ENTIRELY refers to this online document and fully understands its content , Terms & Conditions and agrees to be bond by this ONLINE document.

Client agrees that services to be provided as per the provisions of this contract as follows:

RELEASE OF LIABILITY: Client is aware that this is a release of liability and constitutes a contract between “The Client & Gaby Photography”. The Client have signed a printed contract that bonds directly to this online document.   Client signs  this document freely and voluntarily without duress or coercion PRIOR the photo shoot takes place and agrees with all Terms & Conditions as follows…..

Client is a voluntary participant along with  family for the photo shoot hired with GABY HR PHOTOGRAPHY SERVICES . The Client is aware that participation in this session may or may not involve interaction that could potentially lead to injury, sickness or even death. Client is voluntarily participating in these photo shoot activity and interactions with knowledge of any potential 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. Client is expressly assuming all the risks associated with the participation in this photo shoot.  Client is  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. Client is totally aware of the News, current Government Center for Disease Control and/or all Governmental Directives Guidelines regarding Covid-19 and/or any other virus and still  have decided to proceed and continue with this photo shoot.  Client  certify that is fully capable of participating in this activity. Therefore, assumes and accepts full responsibility for EACH and ALL participants, including all minor children on his/her 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 the participation in this photo shoot .

PARENT OR GUARDIAN RELEASE
The person who signs our contract,  represents and warrants that have the authority to give this release.
Represents the parent or guardian of the minor child(children) and on the minor’s behalf, on behalf of the spouse and on behalf of all the other participants including parents or guardians of all minors involved , Client accepts the release and waiver of liability at the top of this document as inducement for allowing the minor(s) to participate in the activity described above as photo shoot. Client declares have voluntarily hired the professional services of GABY HR PHOTOGRAPHY.

Client further authorize any emergency medical care which may be necessary for any or all minors. The undersigned Parent or Legal Guardian of the minor child (the “Minor”) agrees:
-The Client waives his/her rights  and all other parents or guardians of the Minor(s), and of the Minor, to sue the released Gaby Photography & owner and/or others
-To fully inform the released parties of any medical conditions or concerns related to the minor(s) prior to minor’s participation in the photo shoot;
-That the minor has Client’s full consent to and knowledge of participation in this photo shoot and/or activity no matter the place where it was held.

Overview on what to expect

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 , shooting style, color cast , color mood 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 since every photo shoot is different. 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. IF there is NEWBORNS involved,  baby 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 the Child allows during the session. Each image its subject to Client’s shooting spaces, landscape, and/or On-location available ambient light , color cast and surroundings. Session fees will not be reduced nor discounted regarding our Client(s) and/or child mood, behave during the shoot,  posing nor face expressions. We will embrace the child mood, age, body capability during the photo session and choose the best images from what we got. With no exceptions , there is NO re-shooting nor a refund.

ABOUT YOUR PACKAGE, PRICE & PAYMENT: Pricing with specific description about what’s included & restrictions has been sent to your email, Social media account and/or WhatsApp PRIOR your photo shoot. AFTER the photo shoot took place, The Company does not customize any prices to suit Client’s new budget or buy remorse. Failure to pay any or all outstanding balance will result in The Company withholding the Client’s photos for a total of 15 working days , after that period the Company can DELETE all images with no legal nor monetary consequences. Client understands and agrees with no objections.  All prints and/or larger files are sold separately. RAW files are NOT included. The Company outsources the printing services, any Client’s delay on album and/or prints ordering, the company has NO obligation to hold the old prices AFTER 15days of purchase. The Company outsource a third party to fulfill this contract so remaining balance , IF any,  will be completely covered by the Client. 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 the type of photo shoot, regardless the minor(s) age… The photographer performance will entirely depend on what the minor(s) , your family and guests allows during the photo shoot and/or event. The photographer amount of images and variety will entirely depend on your venue working space, available light and color cast, decor and all participants cooperation.  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 on the GO.   Minor(s) Safety shall remain as paramount with NO exceptions.

LIFESTYLE PHOTOS:  The photographer aims to capture people in real-life situations, showcasing natural reactions and authentic moments with good and also with flaw face expressions. Unlike traditional posed photography, lifestyle photography seeks to tell The Client’s story, evoke emotions, and highlight the essence of Client’s everyday life and/or event. This type of photography is wonderful for families who are ok with natural light, with natural body shape(s), natural face expressions and are ok with the venue they have chosen for this. Lifestyle Photography is meant ONLY for Clients who are on a budget  and don’t expect any special nor extra retouch services . Client cant and wont be in control of the light, posing and editing. The photographer will or may not guide the Client into settings and activities that feel genuine rather than strictly posed. The Client shall not expect light, skin & body perfection. There will be a high-contrast , shadows, lots of black & white images with noise, glare, banding , texture and/or  imperfections that will add to the charm and realism of the photos. While no photo shoot can be entirely flawless, the best moments often come when Client least expect them and for the sake of this contract, Client is aware of this information and agrees with no exceptions PRIOR hiring Gaby Photography services. The Company has no further liability nor has obligation to provide any type of economic compensation  nor re-shoot or  refund.

ABOUT THE CLIENTS VENUE, OFFICE OR HOME:  The client will choose and provide a suitable working space  for setting the backdrop taped at the wall and floor.  The Company has no liability nor has obligation to provide any type of economic compensation, replacement, repairing, no touch Ups , no re-painting partial or complete of the wall &  floor nor has obligation to refund the photo shoot in case the wall or wood is damaged in any shape or form due to the use of masking tape.

THE PHOTOGRAPHER BOKEH STYLE:  You have hired a photographer with strong bokeh effect style. Its a technique that will showcase  “blur”,  “haze” and/or  “out-of-focus” area(s) at your image(s).   This style creates a visually appealing background that makes one (1) subject stand out and adds a dreamy soft blurred background with artistic feel to the rest of the photograph. The background contrasts with one (1) sharply focused subject. This effect draws the viewer’s attention directly to the subject, whether it’s a person, object, or detail.    The photographer style reflects a “Shallow Depth of Field”  using a wide aperture (small f-number), this means that only a small portion of the image is in sharp focus, while the rest gradually blurs.  The one (1) subject of the photo is typically sharp and in clear focus, while the background and rest of people fades into a soft blur. Gaby Photography is NOT a right fit for those Clients who want to achieve all SHARP subjects at the images. It’s important to understand that bokeh is not a flaw in the photos, but rather a deliberate choice by the photographer to enhance the artistic quality of your images. The Client completely agrees  PRIOR hiring Gaby Photography services. The Company has no further liability nor has obligation to provide any type of economic compensation  nor re-shoot or  refund.

MISSING SHOOTS: You have hired a SINGLE Photographer. Client clearly understands that the Photographer can ONLY be at ONE place and angle at the SAME time. IF needed, PRIOR the photo shoot, Client must hire a SECOND shooter to avoid any missing shoot(s). The Company has no further liability nor has obligation to provide any type of economic compensation  nor re-shoot or  refund.

PROOFS: The Company’s turnaround is max 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 within 7working days.

SPECIAL AND/OR EXTRA RETOUCH: The Company will select & edit the BEST photos on your behalf. This will be based on beauty, posing, lighting, sharpness and focus. With NO exceptions , there is NO raw files access nor included at any package. Enlisted but not limited to …  Skin flakes, red spots, birth marks, acne, deep scars, black eyeliner, fake eyelashes, untrimmed eyebrows removal or tattoo retouch. Unflattering hair/make Up, unflattering light and images with NOISE due to the venue conditions-policy- rules & restrictions ,  braces, regrettable wardrobe choice, color changing, slimming, head swapping, cloth or face wrinkle removal, bra straps removal, sun burn removal, glasses with glare, teeth whiting, belly stretch marks, belly button reconstruction is NOT INCLUDED at any  package pricing. Face shine or sweat, sweat armpits/chest , stray hairs from face, remove skin blemishes, smooth face skin, fix under eye bags, double chin removal, hair or beard fill in, frizz hair, bruises, moles, gray hairs, food in teeth, face and/or clothing wrinkle removal. Red eye, snot, neckline, nail polish or tear removal, booty lift, muscle enlargement, smaller ears, straighten teeth, Open and/or closed eyes, background replacement, add/remove people. 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, color correction and cropping of the images accordingly with your paid package.  Any others are NOT included in your package pricing. Any EXTRA and remaining images can be edited and be sold separately. Depending on your package some of the images  will be converted into Artwork(s) using AI 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.

LIGHT & COLOR CAST:  The photographer will create and adequate all settings to reach an inviting atmosphere towards the color cast of the available light at the Client’s working area. The Client agrees to bond with the church/venue light & equipment restrictions, enlisted but not limited to tripods, off camera flash, strobes , camera mounted flash etc . The photographer will proceed with the church/venue rules with no exceptions in order to avoid any fines to both parties. LOW light conditions may cause a lot of NOISE/GRAIN at the photos, however,  allows beautiful and breath taking Black & White images. The photographer will take action ON the GO to ensure the client will receive creative and beautiful outcomes working with the available light and/or what its allowed during the Clients event.  The Client can and shall expect many images converted into Black & White due to low light conditions or prominent color cast. Client trust the photographer expertise in order to receive artistic-dark moody images that highlight a contrast look on the images. If your venue DJ lights effect(s) creates crazy White Balance & generates multiple color cast as red/purple/blue mixing skin tones, ALL on the same photo frame, then Client is aware and agrees that ALL those images will be presented in Black and White ONLY as part of your beautiful final gallery.

BACK UP YOUR PHOTOS: The Company has NO obligation to back up the images on Client’s behalf, for that reason, Client will be entirely responsible for the originals images, must save the files and/or prints  in a safe-cool and dry place. There is NO backup nor replacement from our side after 10 days. The Company is NOT responsible from any corrupted card & data loss and/or compensation for lost photos and/or any printouts, whether or not the Company has caused such damages or any other loss rising from Client’s computer(s) failure, user’s usage, Notwithstanding anything to the contrary contained herein, Client’s exclusive remedy and The Company’s total liability to the Client, 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,  for the product and/or service ONLY if this occurs within a 7days max period after the actual photo shoot. After 30 days from your photo session , NO refund nor re-shoot is applicable. NO exceptions.

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 the Client express contrary, prior the photo shoot starts and at the moment The Client is 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 The Company’s  work by using the Client’s 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 the Client besides the one has ALREADY granted by signing this contract on spot.

• In the case of immediate , later regret and/or change of mind from the Client NOW and/or year(s) after the photo shoot took place, Client exonerates the company from any and all type of penalties or compensation(s). 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/annual basis and due to the fact that technology might fail occasionally and unfortunately the Company has no control over it, the Company can’t hereby responsible if mistakenly, involuntary and/or technology glitch(s) makes public any or all Client images thru any or all Social Media. In the case the Company experience such rare situation due to the exceptional circumstances… the images will be deleted immediately from Social Media and without any legal and/or monetary repercussions against the Company. IF Client 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 Gaby Photography take any photo of yours , babies or relatives otherwise automatically you will bond by this document with no exceptions. Client understands and agrees to bond with this Terms & Conditions.    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. Client’s Retainer covers and constitutes ONE visit.  In the case the visit and/or photo shoot never took place on booked day/time, any payments will be applied to future services .   Reschedule and re-booking 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 60days after purchase.  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, there is no obligation to replace images nor refund when the final gallery hasn’t reached out the client expectations and/or editing demands that are out of what the original package included. The Company is not responsible for Client’s regret, buying remorse nor any personal circumstances status. Unsatisfied clients are aware and agree that can’t release any defamation, disparage or defame The Company name 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 cyber crime bulling under UAE law with Abu Dhabi jurisdiction. IF any of the above happens, you are aware you have violated all GABY HR PHOTOGRAPHY SERVICES rights 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 , you will be responsible for all damages to the Company even if the Company suffered no provable damage as a result of the cyber crime.

OTHER PHOTOGRAPHER(S): This is a 3 year non-compete contract.  IF you are a Client who hires Gaby Photography Services ,  You are NOT permitted to record nor document your photo shoot. You state you are not a photographer nor have intentions to become one. You declare you haven’t hire Gaby Photography 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 photo shoot. If any of the above happens, you are aware you have violated all GABY HR PHOTOGRAPHY SERVICES 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 . Refrain from hiring Gaby Photography Services in case you will launch your own Photography Services and/or have intentions to work as a photographer within the following 3 Years gap from your photo shoot or will be considered as intentional misconduct , dishonest & theft.   Refrain from obvious competing activity or this will result in a claim for economic damages in favor to the Company.  Dishonest conduct results in a claim for damages to the Company even if the Company suffered no provable damage as a result of the breach.

FAILURE TO PERFORM: If Gaby Photography Photographer is unable to perform the services as set out herein due to COVID-19 or any other pandemic and/or virus, government official and/or suggested lock down, due to illness, emergency, fire, casualty, strike, act of God, due to technological malfunctions, including but not limited to the total loss of the photo equipment that impairs the operation and/or  image processing among others, 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 60days calendar or let go, Company and Client shall absorb each one their looses.  The Company has no further liability nor has obligation to provide any refund nor economic compensation in Clients favor.

CONTRACT IMMEDIATE TERMINATION: The client waives and forever discharge GABY HR PHOTOGRAPHY SERVICES owner and/or main Sponsor  from any and all claims and losses (economic and non-economic, including RAW images and including edits). Client agrees not to sue the Company nor sponsor  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: You,the Client,  hereby waive to release and forever discharge GABY HR PHOTOGRAPHY SERVICES owners and sponsor from any and all claims you may have now or arising in the future related to your 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 you 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 your and/or family participation in the photo shoot or your travel to and from such activities . Client further agree to indemnify, hold harmless, you covenant and agree not to sue any Released Parties for any such claims. You 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. Client understands and agrees 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 the client as well as on behalf of the spouse, minor(s) , 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 Clients behalf.

SEVERABILITY: In the event; in whole or any portion of this contract shall be declared invalid, unenforceable or void by a court of competent Abu Dhabi jurisdiction, the remaining of this contract shall continue in full force and effect.

BONDING  The Client understands GABY HR PHOTOGRAPHY SERVICES On-Line Terms and Conditions, agrees to be bound by all terms at the fullest.

GOVERNING LAW & DISPUTE RESOLUTION
Client acknowledges and hereby declares that, the printed contract you have signed PRIOR your photo shoot, its  the Client’s handwriting and distinctive signature, valid enough, to be presented among authorities as a valid document that links and bonds directly and completely the Client with  Gaby Photography On-Line Terms & Conditions that are fully described ad always available  at www.gabyhr.com. The Client certifies that is his/her handwriting and the agreement shall proceed at the fullest.  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.