Terms and Conditions
- Introduction
Welcome to Goldfingers Portraits (the “Site”) and the portrait photography and fine art portrait services offered (the “Services”). By accessing the Site, placing an order, booking a session, purchasing products, or engaging with our Services, you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy. If you are acting on behalf of an organisation, you represent that you have the authority to bind that organisation.
2) Services Offered
We provide:
- Photography sessions (in-studio and on-location), family, newborn, glamor/editorial, conceptual/special effects, wedding/event packages (Pay As You Go and predefined packages), and related portrait artwork.
- Post-processing/editing, colour-correction, archival printing, and a range of physical products (prints, rolled posters, mounted/framed pieces, canvases, and fine art formats), as described in quotes or on the Site.
- Access to client galleries, digital files, and licensing options as described in the Deliverables section below.
Pricing, availability, inclusions, and lead times are described on the Site or in formal quotes. We may modify Services, packages, and prices with notice as required by applicable law.
3) Booking, Deposits, and Payments
- A booking is confirmed when a deposit (if required) is paid, and a contract or client agreement is signed, or explicit client consent is recorded.
- Payments: We accept the payment methods listed on the Site or in the invoice. Full payment or balances are due as stated in the invoice or contract.
- Cancellations and refunds:
- Deposits: If applicable, deposits may be non-refundable except as provided by law or as stated in the contract.
- Cancellations: Cancellations must be made in writing. Rescheduling options may be offered at our discretion.
- Refunds: Refund eligibility is governed by the contract and applicable law.
4) Client Responsibilities
- Clients shall provide accurate information, access, and cooperation for the shoot (dates, locations, wardrobe guidance, model releases if applicable, permissions, and any required permits).
- Clients are responsible for obtaining permissions or releases required for shoots at locations outside our control.
- We are not liable for delays caused by weather, location restrictions, equipment issues, or third-party failures, except to the extent caused by our negligence.
5) Deliverables and Usage Rights
- Deliverables: Final images and/or finished artwork are delivered in the formats described in the contract (e.g., high-resolution digital files, web-sized files, print-ready formats). Delivery methods may include a secure download link, client gallery, USB drive, or printed delivery.
- Retouching: Standard retouching is included as described in the package; additional retouching may be available at additional cost.
- Usage rights and licenses:
- Personal use license: Clients may use final images for personal, non-commercial purposes (e.g., display in a personal gallery, social media with credit).
- Commercial use license (if offered): Specifies scope, permitted uses, territories, duration, and any additional licensing fees.
- Exclusive rights: If granted, terms will be set in the contract (and priced accordingly).
- Model releases: If the shoot features recognisable individuals (including minors), we handle or secure model releases. For commercial usage beyond personal use, additional releases may be required.
- Gallery and Access: Clients may be granted access to online galleries for viewing, downloading, and sharing as described in the contract.
6) Intellectual Property
- We retain ownership of the original RAW files and the copyright to the final edited images unless otherwise stated in writing.
- Clients receive the license described in the Deliverables and Usage Rights section. Redistribution or resale of final images without appropriate rights is prohibited unless separately licensed.
- Public display: We may display client images in our portfolio or on our site unless an opt-out is provided in the contract or a separate consent.
7) Privacy and Confidentiality
- We treat client information as confidential and in compliance with our Privacy Policy. We implement reasonable security measures to protect data.
8) Deliverable Quality and Revisions
- We provide a specified number of final images and revision rounds as described in the contract. Additional revision requests may incur fees.
Liability Limitation
Our liability for any claim arising out of or related to the Services is limited to the total amount paid for the Services.
We are not liable for indirect, incidental, special, or consequential damages to the fullest extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold us harmless from claims arising from your use of the Services or breach of these Terms.
Termination
We may suspend or terminate Services for non-payment, violations of Terms, or unsafe/illegal activities. Upon termination, any outstanding balances become due.
Governing Law and Dispute Resolution
These Terms are governed by the laws of [State/Country]. Any disputes will be resolved in the courts of [Location], subject to mandatory arbitration if applicable.
Changes to Terms
We may modify these Terms from time to time. Continued use of the Site or Services after posting changes constitutes acceptance of the updated Terms.
Entire Agreement
These Terms, together with the Privacy Policy and any service agreements, constitute the entire agreement between you and Goldfingers Portraits regarding the Site and Services.
Contact Information
If you have questions, claims, or requests regarding these Terms, contact us at:
Email: [email@example.com]
Phone: [Phone Number]
Privacy Policy Last Updated: [Date]
Introduction Goldfingers Portraits respects your privacy. This Privacy Policy explains how we collect, use, disclose, and protect your information when you visit our Site and use our Services, in compliance with applicable privacy laws.
Data We Collect
- Personal Information: name, email address, phone number, billing and shipping addresses, payment details (processed through a PCI-compliant processor), and information you provide when contacting us or placing an order.
- Special/Sensitive Information: any data such as age or health information only where necessary for shoots and with explicit consent.
- Usage Data: IP address, browser type, device information, pages visited, time stamps, cookies, analytics data.
- Photos and Content: images and media you upload or that are captured as part of shoots, along with associated metadata.
How We Use Your Data
- To fulfill bookings and deliver products and services.
- To communicate about bookings, orders, and customer support.
- For processing payments and preventing fraud.
- To improve our Site and Services, including analytics and personalization.
- To send marketing communications (only with your consent or where applicable law allows) with an easy opt-out.
Legal Basis (for GDPR and similar laws)
- Performance of a contract, your consent, legitimate interests, and compliance with legal obligations.
Data Sharing and Disclosure
- Service Providers: we share data with third-party providers (payment processors, hosting, email services, gallery platforms) under data processing agreements.
- Legal Requirements: we may disclose data to comply with law, respond to lawful requests, or protect rights and safety.
- Business Transfers: in the event of a merger, sale, or restructuring, user data may be transferred.
International Transfers
- If you are located outside the [jurisdiction], your data may be transferred to and processed in other jurisdictions, with safeguards such as Standard Contractual Clauses where required.
Data Retention
- We retain personal data for as long as necessary to provide Services, comply with legal obligations, resolve disputes, and enforce agreements. Deleted data may be retained for backup and archival purposes.
Your Rights
- Access, rectify, delete, restrict processing, data portability, object to processing, and withdraw consent where applicable.
- To exercise rights, contact us using the information below.
Cookies and Tracking
- We use cookies and similar tracking technologies to analyze site usage and enhance user experience. You can manage cookies in your browser or via a cookie banner if available.
Security
- We implement reasonable administrative, technical, and physical safeguards to protect your data, including encryption, access controls, and regular assessments.
Children’s Privacy
- We do not knowingly collect personal data from children under [age]. If we learn we have collected such data, we will take steps to delete it.
Third-Party Links
- Our Site may link to third-party sites. We are not responsible for their privacy practices. Review their policies before sharing data.
Changes to This Policy
- We will notify you of material changes and obtain consent where required by law.
Data Protection Rights Contacts
- For privacy questions, data requests, or to exercise your rights, contact:
- Email: [privacy@example.com]
- Phone: (770) 750-4247
- Mailing Address: support@goldfingersportraits.com
Additional Policies (Recommended)
- Returns and Refunds for Physical Products: If you offer prints or albums, specify conditions for returns, exchanges, damages, and timelines.
- Studio Policies: Health and safety, accessibility, photography guidelines, props, and location rules.
- Accessibility: Commitment to accessible design and accommodations; how to request accommodations.
- Third-Party Services: Disclosure of third-party providers (booking systems, gallery platforms, printers) and data handling.
- Gallery/Image Usage Policy: If you display client images on your site or social media, include consent options or opt-out.