Terms of Service | Gibby

Welcome to Gibby_Visuals ("Company," "we," "us," or "our"). By accessing or using our website (the "Site") and our photography services (the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, please do not use our Site or Services.

1. SERVICES

We provide professional photography services, including but not limited to:
- Automotive photography
- Portrait photography (individual, family, headshots)
- Couples and engagement photography
- Product photography
- Commercial and event photography
- Real estate photography (in partnership with ListingBox)
- Pet photography
- Sports photography (youth and adult)
- Landscape photography (prints available for purchase)
- Photo retouching and editing services
- Videography services

Specific service details, pricing, packages, and availability are outlined on our Services page and are subject to change without prior notice.

2. BOOKING & PAYMENT

Booking Process:
- All bookings require completion of a booking form and signed service agreement/contract
- A booking is confirmed only upon receipt of signed contract and deposit payment
- Verbal agreements are not binding
- All services are subject to availability
Deposits:
- A non-refundable deposit of 50% of the total service fee is required to secure a booking
- Deposits are applied toward the final balance
- Deposits are forfeited for cancellations with less than 48 hours' notice or client no-shows
Payment:
- Remaining balance (50%) is due upon completion of the photoshoot unless otherwise agreed in writing
- Accepted payment methods: e-transfer, credit card, debit, cash, or online payment via website
- Photos will not be delivered until full payment is received
- Late payments may incur interest charges or collection fees
Additional Costs:
- Travel fees: Included up to 30km from Kamloops; $0.60/km beyond 30km
- Additional costs (location permits, venue fees, equipment rentals, models, props) are the client's responsibility unless otherwise agreed
- Out-of-region shoots may require additional travel fees (see Services page)

3. CANCELLATIONS & RESCHEDULING

Client Cancellations:
- Clients must provide at least 48 hours' notice for cancellations or rescheduling
- Cancellations with less than 48 hours' notice will result in forfeiture of the deposit
- No refunds for client no-shows or late arrivals that impact shoot time
Rescheduling:
- One free reschedule permitted with at least 48 hours' notice
- Additional reschedules may incur a rescheduling fee of $50-$100 depending on service type
- Rescheduling subject to availability
Company Cancellations:
- We reserve the right to reschedule or cancel a session due to:
  - Severe weather conditions
  - Equipment failure
  - Personal emergencies
  - Force majeure events
- In such cases, clients will be offered:
  - Full rescheduling at no additional cost, OR
  - Full refund including deposit
- We will make every reasonable effort to provide advance notice
Weather-Dependent Shoots:
- Outdoor shoots are weather-dependent
- In case of unsuitable weather, we will work with you to reschedule
- Final decision on weather suitability rests with the photographer

4. INTELLECTUAL PROPERTY & USAGE RIGHTS

Copyright Ownership:
- All photographs and videos remain the exclusive copyright of Gibby_Visuals (Matthew Gibb)
- Copyright is not transferred to the client unless explicitly stated in a separate written agreement
Client License - Personal Use:
- Clients receive a non-exclusive, non-transferable license for personal use of delivered images
- Personal use includes:
  - Printing for personal display
  - Sharing on personal social media with credit to Gibby_Visuals
  - Creating personal photo books or gifts
  - Family sharing
Commercial Use:
- Commercial use requires additional licensing fees (see Services page or contact us for rates)
- Commercial use includes:
  - Business marketing materials
  - Product sales or promotion
  - Corporate publications
  - Advertising
  - Resale or redistribution
Restrictions:
- Clients may NOT:
  - Sell, license, or redistribute images
  - Claim copyright or authorship
  - Remove watermarks or metadata
  - Edit, alter, or manipulate images (cropping for social media is permitted)
  - Allow third-party editing without written permission
  - Use images in ways that are defamatory, illegal, or violate third-party rights
Promotional Use by Gibby_Visuals:
- We reserve the right to use images for:
  - Portfolio display (website, print)
  - Social media marketing
  - Advertising and promotional materials
  - Photography competitions and exhibitions
- Images used for promotion will not include personal/identifying information without explicit consent
- Clients may opt out of promotional usage by notifying us in writing before the shoot
- Opt-out requests will be honored, though we encourage clients to allow portfolio use
Credit:
- When sharing images on social media or publicly, clients are encouraged (but not required) to credit Gibby_Visuals
- We appreciate tags: @gibby_visuals

5. DELIVERY & EDITING

Turnaround Time:
- Standard editing: 2-5 business days from shoot date (varies by service type and current workload)
- Rush editing: Available for additional fee
- Photo retouching: Per service tier selected (see Services page for timelines)
- Clients will be notified of expected delivery date at time of booking
Delivery Method:
- All edited images delivered via:
  - Online gallery (digital download)
  - Cloud storage link
  - USB drive (upon request, additional fee may apply)
- Clients responsible for downloading and backing up their images
- Gallery links expire after 90 days; re-delivery may incur a fee
Editing & Artistic Control:
- We retain full creative control over editing, color grading, and artistic choices to maintain our style and brand integrity
- Standard editing includes:
  - Color correction and exposure adjustments
  - Basic retouching (blemish removal, minor skin smoothing)
  - Cropping and composition adjustments
- Advanced retouching available as add-on service
Revisions
- Minor revisions (brightness, crop adjustments) are included
- Major re-edits or style changes are subject to additional fees
- Revision requests must be submitted within 14 days of delivery
Raw Files:
- Raw, unedited images are NOT provided as part of standard packages
- Raw files available for purchase as add-on ($200-$500 depending on package size)
- Raw files delivered without editing or processing
Image Selection:
- Final image count delivered as per package agreement
- Photographer selects final images based on quality, composition, and artistic merit
- Client may request specific shots, but final selection remains at photographer's discretion

6. CLIENT RESPONSIBILITIES

Clients agree to:
- Arrive on time and prepared for the scheduled session
- Communicate any special requests, concerns, or needs in advance
- Obtain necessary permits, permissions, or releases for shoot locations
- Ensure minors have parental/guardian consent
- Provide accurate contact and scheduling information
- Review and approve final images within 30 days of delivery
- Make full payment as agreed
Cooperation:
- Clients are expected to cooperate and follow reasonable directions during the shoot
- Disrespectful, abusive, or threatening behavior will result in immediate termination of services without refund

7. LIABILITY & DISCLAIMER

Limitation of Liability:
- Gibby_Visuals is NOT liable for:
  - Personal injury or property damage during shoots (unless caused by our negligence)
  - Missed shots due to client lateness, uncooperative subjects, or external factors
  - Loss or corruption of images due to technical failures (we maintain backups, but technology can fail)
  - Third-party actions (venue closures, permit denials, etc.)
  - Events beyond our control (weather, illness, accidents)
Maximum Liability:
- Our total liability for any claim shall not exceed the amount paid by the client for the specific service in question
No Guarantees:
- While we strive for excellence, we do not guarantee:
  - Specific results or outcomes
  - Particular shots or moments captured (especially at events)
  - Exact replication of sample images shown
Equipment & Backup:
- We use professional equipment and maintain backup systems
- In the rare event of equipment failure, we will make every effort to reschedule or provide alternative solutions
Insurance:
- We carry professional liability insurance
- Clients are encouraged to carry their own insurance for valuable items brought to shoots

8. FILE RETENTION & RETRIEVAL

Retention Policy:
- Project files and edited images are retained for 6 months after delivery
- After 6 months, files may be archived or permanently deleted
- We are not obligated to retain files beyond 6 months
File Retrieval:
- Requests for files older than 6 months are subject to a file retrieval fee of $50-$150 depending on complexity
- We cannot guarantee availability of archived files
- Clients are responsible for backing up and storing their delivered images

9. MODEL RELEASE & IMAGE USAGE

By booking our services, clients grant Gibby_Visuals permission to use images for promotional purposes unless explicitly opted out in writing before the shoot.

Promotional use includes:
- Portfolio display on website and print materials
- Social media marketing (Instagram, Facebook, etc.)
- Advertising and promotional campaigns
- Photography competitions and publications
- Educational purposes (workshops, tutorials)
Client Privacy:
- We will not share client names, contact information, or personal details without consent
- Clients may request anonymity in promotional materials
- Sensitive images (boudoir, private events) will not be used promotionally without explicit written consent
Opt-Out:
- Clients may opt out of promotional usage by notifying us in writing before the shoot
- Opt-out applies to future use; images already published remain unless removal is requested
Third-Party Releases:
- For commercial shoots involving recognizable individuals, clients are responsible for obtaining model releases
- For shoots on private property, clients responsible for property releases

10. FORCE MAJEURE

Gibby_Visuals is not liable for failure to perform services due to circumstances beyond our reasonable control, including but not limited to:

Natural disasters (floods, fires, earthquakes)
Pandemics or public health emergencies
Government restrictions or orders
Strikes or labor disputes
Severe weather conditions
Personal emergencies (illness, injury, family emergencies)
Acts of terrorism or war

In such cases:

Full refund including deposit will be provided, OR
Rescheduling at no additional cost (subject to availability)
We will make reasonable efforts to provide advance notice

11. PRIVACY POLICY

Client information is collected and used in accordance with our Privacy Policy, available at www.gibby-visuals.com/privacy-policy.

We collect personal information only for:
- Booking and service fulfillment
- Payment processing
- Communication and customer service
- Marketing (with consent)

Client information is never shared with third parties except as required for service delivery or by law.

12. DISPUTE RESOLUTION

Good Faith Negotiation:
- Any disputes will first be addressed through direct, good-faith negotiation between parties
- We encourage open communication to resolve issues amicably
Mediation:
- If negotiation fails, parties agree to attempt mediation before pursuing legal action
- Mediation costs shared equally unless otherwise agreed

Legal Action:
- Each party responsible for their own legal costs unless otherwise awarded by a court
- Any legal disputes shall be resolved in the courts of Kamloops, British Columbia, Canada

13. MODIFICATIONS TO TERMS

We reserve the right to update, modify, or replace these Terms at any time without prior notice.
- Changes will be effective immediately upon posting to our website
- "Last Updated" date at the top will reflect most recent changes
- Continued use of our Services after modifications constitutes acceptance of revised Terms
- For significant changes, we will make reasonable efforts to notify active clients via email

14. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

15. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and Gibby_Visuals regarding use of our Services and supersede all prior agreements, communications, or understandings, whether written or oral.

16. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Gibby_Visuals

17. ASSIGNMENT

You may not assign or transfer these Terms or your rights/obligations under them without our prior written consent. We may assign these Terms without restriction.

18. CONTACT & QUESTIONS

If you have any questions about these Terms of Service or wish to discuss a service agreement, please contact us:

Gibby_Visuals
Owner: Matthew Gibb
Email: gibbyvisuals.business@gmail.com
Contact Form: www.gibby-visuals.com]/contact
Location: Kamloops, British Columbia, Canada

19. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of Kamloops, British Columbia, Canada, and you consent to the jurisdiction of such courts.

20. ACCEPTANCE

By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: 11-12-2025