Introduction
This is an agreement between Pluck Photography Studios (also known as photographer) and a user of the website, whether as a visitor or a customer (also known as client). In these terms and conditions, a visitor or a customer is also referred to as “you.” A client also includes the client’s principals, employees, affiliates, and representatives.
As a client, you represent that you have the legal power to make and enter into this agreement on behalf of your employer, company, or organization.
You also represent that the photographer’s relationship with you is that of an independent contractor.
In these terms and conditions, image(s) is/are defined as photographic materials, whether still or moving, created by the photographer under this agreement. These photographic materials include but are not in any way limited to, prints, negatives, or digital files that were captured, stored, recorded or delivered in any format including analog, photographic, optical, electronic, magnetic, digital, or other media.

Access to the website
The following terms and conditions describe how any user may access, browse, and make use of this website and its provided services. Using the Pluck Photography Studios website in any way means that you agree to be legally bound by all the terms outlined below. In a case where you disagree with any of the conditions outlined, your sole remedy is to exit the website and discontinue using our services immediately.

Right to modify these terms
We reserve the right to update, modify, or remove any terms at any time, and may do this without prior notice to any user. However, we will do display the most recent date of these terms and conditions at the top of this page whenever we make any changes to our terms.
Your continued use of the Pluck Photography website following any changes will be taken as your acceptance of the updated terms and conditions.

Non-exclusive license
We grant a limited, non-assignable, non-transferable, revocable, and non-exclusive license to users who have attained the legal age of 18. This license allows users and visitors to access and use the Pluck Photography website in compliance with these terms and conditions.

Use outside Canada
Our website is made available to users both inside and outside Canada. However, we are unable to provide our photography services in places other than Calgary and its immediate environs.
Users accessing the website from outside Calgary do so at their own risk and are responsible for ensuring compliance with all applicable local laws.

Copyrights and proprietary rights
All materials found on this website, including but not in any way limited to pictures, information, data, reports, and software programs, are copyrighted, trademarked, or licensed to Pluck Photography Studios. Unless otherwise explicitly stated, these materials are fully protected by Canadian as well as other international intellectual property laws. All rights, titles, and interests related to all website content are owned, licensed to, or controlled by Pluck Photography Studios.

Booking a session/Payment
A 50% upfront retainer is required upon booking a session. A session will not be considered to have been booked until Pluck Photography has received this retainer and confirmed receipt. You agree that this retainer is non-refundable and that timely payment is essential under this agreement in order to secure a session date.
The remaining 50% is payable on the day of the session. The retainer will be forfeited and will not be applied to another session if a client cancels.

Session terms
Photography sessions will be scheduled at a mutually agreed upon location by the photographer and client. The photographer will not photograph at any location where it is illegal to do so, and will comply with any restrictions or rules set by the location or property.
If you wish to conduct the session on private property, you are responsible for obtaining permission from the property owner.
The photographer is not responsible for any hazards present at the location, and you agree to participate in the session at your own risk.
Other photographers or videographers are not permitted during the session unless prior written agreement is made with Pluck Photography.
Additionally, the client and/or their guests are prohibited from taking cell phone photos during the session unless explicitly agreed upon by Pluck Photography Studios.

Failure To Perform
Where the photographer is unable to provide photographic services due to any cause beyond our control including but not limited to accidents, illness, equipment failure, bad weather etc., Pluck Photography will attempt to find another professional photographer to fulfill the obligation.
Where this is not possible, we will propose a reshoot date or refund any fees paid by the client. We will have no further liability under this agreement. Under this scenario, our liability will not exceed the total amount paid under this agreement.
This limitation of liability also applies if any image(s) are lost or damaged due to equipment malfunction or other issues beyond the photographer’s control.

Reshoots
The client is liable for an additional fee equal to 100% of the original shoot’s fee as stated in the quote or invoice if such a client requests a reshoot. This shall be in addition to any other expenses the photographer incurs.
However, if a reshoot becomes necessary due to circumstances beyond the client and photographer’s control, such as due to bad weather or acts of God, the photographer will not charge an additional fee. In such a case, the client will bear all expenses related to the reshoot.

Full fees
If the photographer has executed the photography assignment competently and professionally, the client agrees to pay all fees and expenses associated with the assignment, even if the client chooses not to use any of the mage(s).

Usage Rights And Ownership
You acknowledge that Pluck Photography is the author of all image(s) generated at a photo session and holds all copyrights to the image(s). This means that the image(s) and all related copyrights remain the sole and exclusive property of Pluck Photography Studios.
As such, the image(s) may not be used in logos, corporate identities, trademarks, or service marks except as stated in this agreement.
Where copyright metadata is embedded in digital files, it must not be altered or removed without the Photographer’s express permission.
Subsequently, your use of any image(s) will not constitute joint authorship with Pluck Photography.
Meanwhile, Pluck Photography retains the right to use the image(s) for self-promotion unless otherwise agreed.

Photographic Integrity And Alterations
You may not alter or allow others to alter the image(s) in any way, including but not limited to filters, additions, or subtractions, without the prior express consent of Pluck Photography Studios.

General Liability And Releases
Pluck Photography Studios will exercise reasonable care in producing the image(s) and fulfilling this agreement. However, we are not liable for any losses, damages, or costs incurred by you or third parties from your use of the image(s).
You hereby consent to indemnify, defend, and hold Pluck Photography Studios, its contractors, and representatives harmless against any claims, damages, liabilities, or costs, including reasonable legal fees, arising from your use of the image(s).
Pluck Photography Studios is not responsible for obtaining property, trademark, copyright, or other releases related to the image(s), unless expressly stated in this agreement. It is your responsibility to secure any necessary permissions for usage requiring a release or consent.
If the photographer agrees to provide any releases, you are responsible for determining their suitability for the intended use. We make no guarantees regarding the legal validity of any releases.
Pluck Photography studio’s liability will not under any circumstances exceed the total amount paid under this agreement.

Copyright Notice
If you display the image(s) on the internet, you must include a copyright notice. Where this is not provided, you must compensate Pluck Photography Studios with an amount equal to the original invoice total as fair and reasonable compensation for the loss of recognition or lack of copyright protection.

Digital Files
While Pluck Photography may choose to archive the image(s), it is ultimately your responsibility to properly store and archive the image(s). We cannot guarantee the availability of any image(s) beyond the date of first delivery to you.
You hereby agree that media used to store digital data, including optical, magnetic, and electronic formats, are inherently unstable, and thus release Pluck Photography Studios, and its contractors and representatives from any liability for claims, damages, or costs arising from the supplied media becoming unusable.
Requests for Pluck Photography to reproduce previously delivered images will incur a processing fee.

Digital File Quality
Pluck Photography is dedicated to delivering high-quality services. Unless otherwise specified, we may provide the image(s) in an industry-standard data format of our choice, and you agree to accept them. The resolution will be determined by us to be appropriate for the reproduction technology and the intended use(s) of the licensed image(s).
We use color-calibrated cameras and monitor industry standards. However, due to differences in software, monitors, and computer platforms, image(s) may display differently on other screens. As a result, neutrals will be mathematically neutral, and colors adjusted for pleasing tonalities.
It is your responsibility to ensure that the digital data, including any provided color profiles, are appropriate for reproduction of the desired quality and color accuracy. You must take necessary steps to ensure proper reproduction. If the data is found unsuitable, Pluck Photography Studios’s sole responsibility is to replace or repair it. In no case will we be liable for poor reproduction quality, delays, losses, or consequential damages stemming from defects or errors in the digital files.
All editing is done at our discretion, and any requests for additional edits may be refused. Certain images may only be produced in color or black and white, depending on our artistic discretion. If additional edits are requested by you, a separate fee will apply.

Users’ General Rules Of Conduct
When using the Pluck Photography Studios website, you must comply with the following rules:
1. You may not harvest, scrape, or collect information about other users or Pluck Photography’s offerings, services, or promotions using automated tools or manually on a mass scale.
2. Do not provide Pluck Photography Studios with false, misleading, or inaccurate information.
3. You may not use unauthorized automated tools to gain access to the website or any connected systems or accounts.
4. Do not attempt to bypass any part of the website or encourage others to do so.
5. You may not hinder or restrict other users from accessing the website.
6. Do not post content or act in a manner that could cause harm, distress, injury, or illness to yourself or others.
7. You may not manipulate or forge headers and identifiers to conceal the origin of information posted on the website.
8. Spamming, chain letters, or other unsolicited communications are prohibited.
9. Do not reverse engineer the website or its systems, nor attempt to do so.
10. Do not attempt to access restricted areas of the website or our systems.
11. Avoid overburdening the website with excessive requests or disrupting its functionality.
12. Do not impersonate other users, including Pluck Photography staff or members.
13. Do not upload content or take actions that Pluck Photography deems abusive, unlawful, offensive, or harmful in any way, including actions that are racially, ethnically, or sexually discriminatory.
14. Do not upload or distribute viruses, spyware, malware, or harmful code.
15. You may not upload content that you are not authorized to make available due to legal or fiduciary obligations.
16. You may not post content or act in a way that promotes criminal behavior or illegal activities.
17. Do not advertise or solicit third-party products or services outside of those offered on the website.
18. Do not post or act upon information you know to be false or outdated.
If you breach these terms, we may hold you responsible for all associated legal, accounting costs, and damages. Additionally, we reserve the right to terminate your use of the website without prior warning.

User Content
Users are welcome to upload their comments and reviews about their experiences on the website. By doing so, you warrant that you are the sole owner of the content or have the necessary rights, permissions, and licenses to grant Pluck Photography Studios a license to use your content. You represent that your content does not infringe on the rights of any third party, including intellectual property, privacy, or publicity rights, nor does it violate any laws or regulations.
While your user-generated content remains your own, by uploading it to Pluck Photography, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, including the right to sub-license, duplicate, modify, create derivative works, distribute, publicly display, and perform the content without any obligation to notify or compensate you or any other entity.

Third-Party Websites And Resources
Links found on the Pluck Photography website may direct users to third-party websites or online resources that are not controlled by Pluck Photography. We are not responsible for the content or resources found on these linked sites, neither are we responsible for their practices. Links provided on our website are solely for convenience and do not imply any endorsement of the linked site by us. By using these links, you agree that any interaction with hyperlinked websites is at your own risk.

Limitation Of Liability And Disclaimers
The pluck photography website and all content, names, text, images, and materials contained within are provided “as is.” while we have taken care to ensure that the information on this website is accurate and reliable, we make no guarantees or representations regarding quality, suitability, non-infringement, or fitness for a particular purpose, whether express or implied.
We do not warrant that the information and materials provided on our website are free from errors or inaccuracies, or that any errors will be corrected.
We disclaim liability for any decisions or actions taken by users based on the content of this website or services we provide, including any losses or damages—immediate, indirect, consequential, or otherwise—even if we have been advised of the possibility of such damages.
Nothing in these terms is inserted there to limit or exclude any legal liability for personal injury or death that is caused by fraud, negligence, or other liabilities that cannot be limited or excluded by law.
If applicable law does not permit the limitation or exclusion of liability for incidental or consequential damages, the above limitations may not apply to you. In such cases, pluck photography’s liability will be limited to the maximum extent allowed by applicable law.
In addition to written and oral agreements, placing a retainer fee for a future session or using any image(s) constitutes your acceptance of all terms and conditions in this agreement.
This agreement is the total understanding between pluck photography and the client concerning its subject matter and replaces all previous agreements, whether verbal or written, between the parties.

Indemnity
You agree to indemnify, defend, and hold Pluck Photography, its affiliates, subsidiaries, officers, employees, directors, and agents harmless from any damages, claims, losses, liabilities, and expenses, including reasonable legal and accounting fees, related to your use of the website, services, or any breach of these terms.

Severability
Where any condition of this agreement is found to be unenforceable, that provision will be modified or removed to reflect the parties’ original intentions. All other provisions of the agreement will remain in full force and effect.

Choice Of Law
These terms and conditions shall be governed and interpreted in accordance with the laws of Canada.

PRIVACY POLICY

Introduction
Pluck Photography places high premium on protecting its users’ privacy. This privacy policy outlines your rights and how we handle your personal information when you use our website and services.
By using our website and services, you agree to the conditions outlined in this Privacy Policy. If you are not in agreement, you must immediately stop using the website. We encourage you to carefully review this policy and contact us if you have any questions.

Changes
We may periodically update or modify our privacy policy without prior notice. If changes are made, they will be posted on this page so that you are always informed about the information we collect and how it is used. Your continued use of the Pluck Photography website following any changes to this policy signifies your acceptance of the updated terms.

Information Collection
We collect two broad groups of information about our users:
1. Personally Provided Information: When you interact with the Pluck Photography website, you may be asked to provide personal details such as your name, contact information, date of birth, and payment details.
2. Automatically Provided Information: When you access our website, certain non-personal information is collected automatically, including your IP address, browser type, operating system, internet service provider, clickstream data, referring and exit pages, and the date and time of your visit.
This information does not identify you directly but helps us improve your online experience and tailor the website to meet user needs.

Using Your Information
We collect and use your personal information in the following ways:
1. To fulfill our contractual obligations to you;
2. To provide you with the services you request;
3. To customize the website to better suit your needs;
4. To process your inquiries for advice or information;
5. To manage and operate our business efficiently; and
6. To assess and improve the quality of the services we deliver to you.
Sharing Your Private Information
Pluck Photography will never sell or give your personal information to third parties. However, we may share your information with the following categories of recipients:
1. Third-party service providers who handle your information on behalf of Pluck Photography, under contract, ensuring your data is securely managed;
2. Any third party you have explicitly requested or authorized us to share your information with;
Other recipients as required by law, regulatory bodies, or legal authority.

Children’s Privacy
This website is not intended for use by children, and we do not offer services to individuals under the age of 18. We do not knowingly collect personal information from minors.

Linked Sites
Our website may contain links to other websites, and these websites may have privacy policies that differ from ours. Pluck Photography is not responsible for the privacy practices, content, or activities of these third-party websites. Always review and understand the privacy policy of any website you visit through links on our site before you use them.

Security Of Information
At Pluck Photography, we take steps to protect your personal information and prevent unauthorized access, maintain accuracy, and ensure the proper use of your data by implementing practical security measures. However, you acknowledge that no method of transmitting data over the internet is entirely secure and safe. We will not liable for unauthorized access to your personal information that is beyond our control.

Use Of Cookies
We use cookies, like most websites do, to identify your browser, capture certain information, and enhance your experience on our website. You may disable cookies on your device, but doing so may limit your access to certain features and functionalities that make our website more efficient.

Tageline
Every click tells a story with Pluck Photography Studios. We specialized in portraits, weddings, events, and creative shoots. Capture your moments with professional precision and artistic flair