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Terms of  Services

Effective Date: 11/21/24

Welcome to Kwaak Photography! These Terms of Service (“Terms”) outline the rules and regulations for engaging with our photography services and using our website. By booking a session or accessing our website, you agree to these Terms. If you do not agree with these Terms, please refrain from using our services.

Scope of Services

Kwaak Photography provides high-quality, customized photography services, including but not limited to:

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  • Artistic portraits

  • Business portraits

  • Individual portraits

  • Group portraits

  • Pet portraits

  • Kids portraits

  • Casting portraits

 

Limitations:

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  • Services are subject to availability and confirmed upon booking.

  • The session fee covers only the time and expertise of the photographer. Prints, high-resolution images, and additional services must be purchased separately.

Booking Fees and Payment Terms

Fees:

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  • A non-refundable deposit of 50% of the session fee is required at the time of booking to secure your session.

  • The session fee is $450.

 

Payment Terms:

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  • Full payment must be completed within 10 days after the photo session.

  • Late payments will incur a 10% penalty per week until the balance is paid.

 

Refunds:

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  • No refunds will be issued for deposits or completed sessions. However, if a client is unsatisfied with the session results, a complimentary second session may be provided at the photographer’s discretion.

Privacy Policy

Effective Date: 11/21/24

Kwaak Photography (“we,” “our,” “us”) respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, and protect your data.

Information We Collect

We collect the following personal information:

  • Name

  • Email address

  • Phone number

  • Any information provided through the contact or sign-up forms.

We do not collect sensitive data such as financial or health records.

Cancellation and Rescheduling Policy

  • Cancellation Notice: Clients must provide at least 48 hours’ notice to cancel or reschedule a session without penalty.

  • Cancellations made within 24 hours of the session will result in a forfeiture of 50% of the deposit.

  • Rescheduling is allowed once, subject to availability, and must be requested at least 48 hours in advance.

Delivery of Services

Photo Delivery: ​

  • Clients will receive:

  • Digital screen-resolution images for social media (must credit Kwaak Photography when shared).

  • High-quality printed photos, if purchased separately.

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Delivery Timeline:

  • Finished work will be delivered within 4 weeks unless unforeseen delays occur. Clients will be promptly informed of any delays, and reasonable compensation will be offered if delivery terms are not met.

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Quality Guarantee:

  • Kwaak Photography uses high-end printing companies to ensure top-notch results. Any damaged prints will be replaced at no additional cost. However, variations in print quality are natural and not grounds for refund.

Intellectual Property and Usage Rights

  • Copyright Ownership: Kwaak Photography retains full copyright ownership of all photos taken. Clients are granted a limited license to use high-resolution images for personal purposes upon purchase.

  • Client Responsibilities: Clients may not reproduce, sell, or use the images for commercial purposes without purchasing a license.

  • Photographer’s Usage Rights: By signing the photographer-client agreement, clients consent to the use of their photos for Kwaak Photography’s portfolio, website, and marketing materials unless otherwise agreed in writing.

Limitations of Liability

  • Kwaak Photography is not liable for:

  • Delays or cancellations caused by unforeseen circumstances (e.g., natural disasters, illness, or accidents).

  • Equipment malfunctions or technical failures during sessions.

  • Loss or unauthorized reproduction of delivered images by the client.

  • A force majeure clause applies, protecting Kwaak Photography from liability for events beyond its reasonable control.

Governing Law

These Terms are governed by the laws of Ontario, Canada. Any disputes arising from these Terms will be resolved in accordance with Ontario law. (A less formal tone can be used if preferred.)

Modifications to Terms

Kwaak Photography reserves the right to update these Terms at any time. Updates will be effective immediately upon posting on the website. Clients with active bookings will be notified of significant changes directly.

How We Use Your Information

Your personal data is used for:

  • Communicating with you about bookings and services.

  • Sending newsletters, marketing materials, and follow-up emails.

  • Improving our website and customer experience.

Third-Party Services

We use Wix to manage our website and data. While your data may be processed through Wix, we do not share your information with other external service providers unless required by law.

Cookies and Analytics

Our website uses cookies and Google Ads tracking tools to:

  • Improve the user experience.

  • Collect website performance analytics.

By using our website, you consent to these tracking technologies.

Children’s Privacy

We provide photography services for children (e.g., kids’ portraits). Parental consent is required for:

  • Booking sessions.

  • Sharing children’s photos on social media or marketing materials.

Kwaak Photography limits sharing children’s images online to ensure their safety and privacy.

Data Retention and Deletion

  • Personal data will be retained until a deletion request is made by the client.

  • Clients may request data deletion at any time by contacting us via email.

Security Measures

We implement the following measures to protect your personal data:

  • Encrypted email storage.

  • Restricted access to client information.

  • Despite our best efforts, no method of transmission over the internet is completely secure.

Third-Party Links

Our website may include links to external sites. Kwaak Photography is not responsible for the privacy practices or content of these websites. Please review their policies before sharing your data.

Modifications to Privacy Policy

Kwaak Photography reserves the right to update this Privacy Policy at any time. Changes will be posted on our website, and the "Effective Date" will reflect the most recent update.

Contact Information

For privacy-related concerns, please contact us:

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