Standard Session Contract for all sessions (excludes Weddings)
This standard session contract is for and applies to all Cory Kingsbury Photography's services or "sessions" with the exception of Weddings. Wedding clients are subject to a Wedding contract which is separate from this standard session contract. However should an engagement session or any other session be packaged into a Wedding contract, that packaged session is subject to all rules of this standard session contract.
IMPORTANT: By communicating and/or using services provided by Cory Kingsbury Photography, you automatically provide your legal consent and agreement to this contract “the contract” (Standard Session Contract for lifestyle (or Family/Couple) sessions only). Cory Kingsbury Photography is committed to transparency and in Cory’s best efforts, will always have clients review the contract prior to a session. Please note, in this document we refer to lifestyle sessions, family and couples sessions as the same. This document is applicable to all sessions no matter the type, excluding weddings.
1. Scope of Work:
PHOTOGRAPHER and CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location which will be confirmed 1-7 days prior to the photoshoot. Refer to the invoice for details regarding products, inclusions, and fees.
2. Retainer, payment and location fees:
Upon your signature and retainer, PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. The CLIENT shall make a minimum non-refundable retainer of 30% to the PHOTOGRAPHER to perform the services specified in the invoice. PHOTOGRAPHER may make exception regarding the retainer amount.
Upon payment, PHOTOGRAPHER will reserve the time and date agreed upon by both parties exclusively for you. The full amount + any agreed upon additional travel fees must be paid by end of day on the scheduled session date (“Photoshoot” date) or prior to the date of PHOTOSHOOT. In the event that payment is not received within a reasonable amount of time, no photos shall be released and Cory Kingsbury Photography may take legal action to recover funds owing.
2.1 Location costs and additional fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment for any location. Session fee covers travel within 15 KM of Schumacher, Ontario.  Any location outside of these limits will be subject to an additional charge of $.50/KM + $10-50 travel fee as part of the agreement. Any prop or item purchased by the photographer for the purpose of the session will be billable to the client at the end of the session.
3. Work Product:
All photographs will be shot in digital format. Digital photos will be made available either via a private online gallery or click to download no later than 4 weeks after the shoot date. Often, they will be delivered within 1-3 weeks of the photoshoot/session date. Photos will be delivered as high-resolution JPEG files (1-8+MB) and/or web optimized JPEG files (max 1000KB) in an online gallery or via onedrive “click to download”  (see below for clarity 3.2). RAW files or originals will not be provided. When the online gallery is delivered, it shall remain open for a minimum of 14 days from delivery date. Requests for additional photographs or changes to images shall be made within 14 days following delivery of the online gallery. Please note, any requests for “re-edits” may come with an additional fee. Be advised that RAW files may be destroyed at any time after the online gallery has closed. The CLIENT may download images from the online gallery or via “click to download” onedrive link for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written license of the PHOTOGRAPHER. PHOTOGRAPHER guarantees a minimum of 20 either lightly or heavily edited images for all lifestyle sessions.
3.1 Prints:
PHOTOGRAPHER is not responsible or liable for any damages of prints once delivered to CLIENT. Prints ordered from Cory Kingsbury Photography are non-returnable once paid. PHOTOGRAPHER can not guarantee the quality of the prints. PHOTOGRAPHER may in some cases provide a partial credit depending on the severity of the print and it's quality. ALL SALES ARE FINAL.
3.0 Web optimized files vs High Resolution JPEG
Web friendly files refers to images files that are optimized for digital and/or online use (social media) only. It's not recommended that these file sizes/type be used for print. All lifestyle sessions come with web friendly images. Client's wishing to obtain high resolution photos of their session, for the purpose of ordering prints, may be charged additionally anywhere from $25-50+ for the high resolution files. When ordering prints with Cory Kingsbury Photography, you're not charged this fee. Should you do a minimum print order with Cory Kingsbury Photography of $50-100 or more, you'll receive the full resolution files with your order via onedrive “click to download” or online private album.
4. Rescheduling/Late Arrivals:
4.1 - In the event that the Client requests to reschedule its session on account of illness, emergency, act of God or any cause outside its control, the retainer will be applied to a rescheduled session provided that notice is given at least 48 hours prior to the scheduled PHOTOSHOOT (or reasonable notice in the case of an emergency).
4.2 - Requests to reschedule by Clients for any reason other than a reason under clause 4.1 is at the discretion of PHOTOGRAPHER.
4.3 – You may be subject to an additional $25 rescheduling fee to be paid by the Client on making a rescheduling request and PHOTOGRAPHER will be entitled to retain all amounts paid under this contract until the rescheduled PHOTOSHOOT. 
4.4 - The rescheduled session must be within 2 weeks of the original session date (or a longer period as agreed by PHOTOGRAPHER and Client in writing) and is subject to the availability of PHOTOGRAPHER. Any Client that is late arriving to the session will have the remaining amount of time allotted for the session. All additional time beyond the scheduled end time will be billed to the Client .
4.5 – Clients arriving late for schedule session: Grace period is 15-20 minutes past scheduled session time. Should the client arrive 20-30 minutes late, they may be subject to a $25 late fee. Should the client be 30-60 minutes late, client may be subject to an hourly fee charge of $80. After half an hour, with an attempt of contacting the client, should the photographer not hear back from the client within that time frame, the photographer is at right to leave the location and client would be responsible to reschedule. Photographer also withholds right to reschedule should client contact be made. Fees would still apply. Any milage incurred from this missed session is billable, including the hourly fee/late charge.
5. Cancellation:
If Client cancels this agreement, giving less than 48 hours notice prior to the date of the PHOTOSHOOT or fails to show on time, all payments made to PHOTOGRAPHER will be forfeited and released to PHOTOGRAPHER unconditionally. Please note, even with proper notice, your retainer will be held as a credit. Credit must be used within 60 days otherwise you forfeit your credit. Photographer exceptions could apply.
6. Indemnification:
6.1 - PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the PHOTOSHOOT. The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests (or family members) lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, restrictions of the locations.
6.2 - Unless specifically requested in writing prior to the commencement of the PHOTOSHOOT, the PHOTOGRAPHER is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.
6.3 - If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside its control, including but not limited to personal emergencies and/or other responsibilities: PHOTOGRAPHER will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract if the PHOTOGRAPHER is unable to perform services; PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this PHOTOSHOOT if a substitute photographer cannot be found; If the fees to be charged by the substitute PHOTOGRAPHER exceed the fees payable by CLIENT under this contract, CLIENT will be entitled to elect: to engage the substitute photographer (in which case, CLIENT shall be liable for any additional fees charged by the substitute photographer); or to require PHOTOGRAPHER to return in full all payments in accordance with subparagraph 2 above.
6.4 -PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.
6.5 - If PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the PHOTOGRAPHER, the PHOTOGRAPHER will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the PHOTOGRAPHER under this Agreement.
6.6 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this PHOTOSHOOT 14 days after the online gallery has been delivered to CLIENT. CLIENT will have 14 days after gallery delivery to make PHOTOGRAPHER aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 14-day term has expired, PHOTOGRAPHER will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by PHOTOGRAPHER if requested by CLIENT but the hourly fee of $60 per hour and/or $10 per photo plus applicable taxes for retouching will be billed with a minimum of one hour required.
6.61 – Should CLIENT request re-edits, the PHOTOGRAPHER reserves the right to charge $10 per photo re-edit and/or an hourly fee of $60 within the 14 day online gallery delivery.
6.7 – CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER). CLIENT will be responsible for their family members, guests, spouse and for themselves and release the PHOTOGRAPHER from any claims against their person or their business.
6.8 – CLIENT agrees to indemnify PHOTOGRAPHER and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this agreement.
6.9 – PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client. 
6.10 - The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.
6.11 PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the PHOTOSHOOT if the photographer experiences inappropriate, threatening, hostile or offensive behavior from anyone at the PHOTOSHOOT; or in the event that the safety of the photographer is in question. If PHOTOGRAPHER leaves the PHOTOSHOOT in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to CLIENT, but will be obliged to provide CLIENT with photographs taken by PHOTOGRAPHER prior to PHOTOGRAPHER leaving the PHOTOSHOOT.
7. Timeline and Schedule:
7.1 The client agrees to confirm the schedule one-week prior to the PHOTOSHOOT. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT. The PHOTOGRAPHER is not responsible for creating or managing the timeline on the day. If the photographer must stay over the agreed number of hours, an additional fee of $100 plus GST per hour, per photographer will be charged to the client.
7.2 On the day of the PHOTOSHOOT, the client must provide PHOTOGRAPHER and the PHOTOGRAPHER’s assistant with meals. (events exceeding 5 or more hours only)
 8. Permissions and permits:
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, national parks or other locations. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the PHOTOGRAPHER from photographing the PHOTOSHOOT is not the fault, liability, or responsibility of the PHOTOGRAPHER and CLIENT agrees: To pay to the PHOTOGRAPHER an amount equal to any fine which may be imposed upon PHOTOGRAPHER as a result of the CLIENT’s failure to obtain any required permission; and not to make any claim (including a claim for the repayment of any money paid under this agreement) arising out of or connected with any failure on the part of CLIENT to obtain any required permission. The time and efforts of the PHOTOGRAPHER will also be billable to the CLIENT to settle any and all legal matters related to any fines.
9. Exclusive Photographer:
CLIENT agrees and understands that no other party other than PHOTOGRAPHER and the PHOTOGRAPHER'S assistant may take pictures of any poses, lighting situations, or setups made by the PHOTOGRAPHER. This slows down the PHOTOGRAPHER’S work and violates the PHOTOGRAPHER’S intellectual property in the composition of pictures of the PHOTOSHOOT. CLIENT agrees to do all things reasonably requested by PHOTOGRAPHER to ensure that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations. 
10. Copyright and Model Release:
PHOTOGRAPHER shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, social media and/or studio. CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by PHOTOGRAPHER which is consistent with this agreement.
If the PHOTOGRAPHER desires to make other commercial uses of the images to promote the commercial interests of any business other than the PHOTOGRAPHER’s own business, the PHOTOGRAPHER shall not do so without first obtaining the written permission of the CLIENT. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the PHOTOGRAPHER 
11. Social Media and Personal Use License. 
In consideration of the payment of monies due under this agreement, PHOTOGRAPHER grants CLIENT a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the PHOTOGRAPHER as follows:
1. CLIENT may share the web or high res photos delivered by the PHOTOGRAPHER on CLIENT’s personal and business social media accounts, provided that in each such post CLIENT must credit/tag PHOTOGRAPHER.
2. This license does not permit CLIENT to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe PHOTOGRAPHER’S moral rights.
3. CLIENT may print web or high res photos delivered by the PHOTOGRAPHER or downloaded from the photo gallery for their personal use, and:
a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b: must not use the printed photos for advertising or commercial purposes; and
c: must not submit or enter the photos into any competition.
12. Pricing & Additional Products:
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased.
13. Requests from PHOTOGRAPHER
- No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between CLIENT and PHOTOGRAPHER, including a written agreement. The PHOTOGRAPHER will not continue if there are other cameras or video taping during the session.
- Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session.
- Please do not bring any children, family members, guests and/or pets not being photographed to the session unless otherwise discussed with PHOTOGRAPHER prior to session.
- Please make sure hair is combed and face is clean and free of runny noses or eyes. 
- Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.
14. One-time (digital) signature / Lifestyle sessions only
You may only be required to digitally sign or provide a wet signature for this contract one-time, upon your initial (or first session) with Cory Kingsbury Photography. Once signed, contract and your consent in anyway applicable to this contract, is in force indefinitely and for future lifestyle sessions with Cory Kingsbury Photography. Should you want to withdraw or void this contract in anyway, please email cory@ckphotos.ca to remove yourself. Please note, contract would still apply for all prior sessions completed with Cory Kingsbury Photography and a new contract would need to be signed to either continue or receive services from Cory Kingsbury Photography.
Personal note from photographer
I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them. 
Last updated, March 9th, 2022
Standard Session Contract_V2.3
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TERMS AND CONDITIONS OF CORY KINGSBURY PHOTOGRAPHY
HTTPS://WWW.CKPHOTOS.CA/

Last revision: November 5th, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Cory Kingsbury Photography (the "Website").
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.
2. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
3. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.
4. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
5. PAYMENT
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services.
6. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
7. SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
Cory Kingsbury
Cory Kingsbury Photography
email: cory@ckphotos.ca
PO BOX 315, Schumacher, ON P0N 1G0 CANADA
If you are unhappy with anything you have purchased on our Website, you may do the following:
Contact cory@ckphotos.ca for your inquiry. Please note, services rendered are non-refundable. Print products purchased are non-returnable. However, if you're still unhappy, please contact Cory Kingsbury Photography so we can make it right.
8. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Cory Kingsbury Photography.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
9. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for the following period of time: Up to 2 years. After that time, all information about you will be deleted.
10. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
11. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
12. INDEMNIFICATION
You defend and indemnify Cory Kingsbury Photography and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
13. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
15. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
16. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
17. TERMINATION OF ACCOUNT
NO LONGER APPLICABLE
18. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
19. PRIVACY
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost. All information captured will remain confidential. Your email may be used for communication purposes, marketing and promotions. To unsubscribe, email cory@ckphotos.ca. Acquiring and using my services automatically assumes and gives consent to use images captured in sessions for website and social media purposes. All terms in standard session contract apply during and after services while/are provided/rendered. Photographer (CK and/or Cory Kingsbury), in his best efforts, will ask client(s) to to review the standard session contract and capture signatures for better transparency only.
20. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Cory Kingsbury Photography arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Cory Kingsbury Photography in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
21. GIFT CARDS (CERTIFICATES)
Non-refundable once purchased. Can not be redeemed for cash. Valid only for CURRENT Cory Kingsbury Photography services and print products. In some cases, may not be used on promotions or heavily discounted packages. Some exceptions apply. You'll always be able to use your gift card on full-priced print products. Lost plastic or paper gift cards will not be replaced with another plastic or paper gift card, instead, it will be replaced with a digital e-gift card or kept on account as a credit. The customer is responsible to keep track of his or her balance, if applicable. Should any discrepancies with balances occur, the balance inquiry provided by Squareup.com will be the final balance settled (if applicable). Cory Kingsbury Photography reserves the right to modify this policy without notice.
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