Terms and Conditions of purchase of Gift Certificate

between 

Paul Manning  (trading as The Dog with a Bow Photography) (the “Photographer”) 

and

  1. {customerName}  the "Customer"

    1. The purchase of a gift certificate shall entitle the named recipient {giftCertificate} (the "Gift Certificate Recipient") to a 60 minute photography session in Calgary, Cochrane, Bragg Creek or Kananaskis Country between January 1, 2019 and April 30, 2019.

    2. The exact time and location of the session shall be agreed to between the Gift Certificate Recipient and the Photographer.

    3. The exact location of the Session will be confirmed by email correspondence between the Photographer and the Gift Certificate Recipient.

    4. The purchase of the gift certificate shall entitle the Gift Certificate Recipient to a photography session between January 1, 2019 and April 30, 2019 but the exact date and time will be subject to the Photographer's availability.

    5. The Gift Certificate Recipient is encouraged to contact the Photographer to book their session as soon after receipt as possible to maximise their choice of available dates and times.

    6. The Gift Certificate must be redeemed by the Gift Certificate Recipient by January 31, 2019 at the latest by contacting the Photographer by email to book at paul@thedogwithabowphotography.com

    7. In addition to the 60 minute photography session the Gift Certificate also includes an 8" by 12" Mounted Print

    8. The Gift Certificate covers the photographing of up to 2 dogs and 1 of their humans.

    9. If additional products or prints are purchased on the order form below, they will also be included in the Gift Certificate.

    10. Additional dogs can be added for $25 each. Additional people can be added for $25 each.

    11. The Gift Certificate Recipient shall be subject to all of the regular terms and conditions of the Dog with a Bow Photography sessions available upon request.

    12. The Gift Certificate Recipient shall be subject to the Dog with a Bow Photography release (available upon request.)

    13. No additional fees will be due from the Gift Certificate Recipient unless they choose to purchase any additional products or add additional dogs/people. 

    14. The Gift Certificate has no cash value.

    15. The Gift Certificate is not valid in conjunction with any other discounts or offers.

    16. The Customer understands that the Gift Certificate will be delivered electronically by the latest of Wednesday December 19, 2018.

    17. Only the person named on the Gift Certicate shall be entiteld to redeem it.

    18. The Gift Certificate is single use only and entitles the Gift Certificate Recipient to one 60 minute photography session.

    19. The closing date for purchase of gift certificates to ensure delivery in time for Christmas is Saturday December 15, 2018.

    20. All fees in this Agreement are exclusive of taxes, which will be charged at the rate of 5%.

    21. All prices quoted in this Agreement, correspondence or invoices are in Canadian Dollars.

    22. The Session and Viewing Session

    23. Both the Photographer and the Gift Certificate Recipient agree to attend the Session at the date and time confirmed by email from the Photographer to the Gift Certificate Recipient and the Customer understands that no refund can be provided should the Gift Certificate Recipient fail to attend the session.

    24. A personal gallery will be prepared in time for the viewing session.

    25. The in-person viewing consultation will be scheduled at a mutually convenient time and location, and the images will usually be ready for this consultation within 2 weeks of the Session Date.

    26. Any additional orders must be placed at this in-person consultation including the selection of the 8" by 12" Print included in the Gift Certificate.

    27. Following the selection of Images by the Gift Certificate Recipient, the Photographer will order the selected Products from the Photographer’s supplier. Typically products are available for delivery to the Gift Certificate Recipient within 6 weeks of ordering, but unfortunately no guarantee can be made. The Photographer shall not be liable for any delay in postage.

    28. Every effort will be made to have products available within this time frame, and quicker where possible.

    29. For full details of additional products available please refer to the Dog with a Bow Photography Product Guide (available upon request and subject to change.) For informational purposes, 8" by 12" Mounted Prints can be purchased for $145.00 each, framed images will start from $475.00, acrylic prints will start from $650.00, and metal prints will start from $675.00.

    30. To the extent that Digital Files are supplied, the Digital Files will be JPEG files, provided on a custom USB and printable up to 16" by 24" for personal, non-commercial use only.

    31. Cancellations

    32. If the Photographer cancels the Session Date, for any reason not covered by the following paragraph, the Photographer shall offer the Gift Certificate Recipient the choice of either a full refund, or a re-scheduled Session Date. The Photographer shall have no other liability resulting from the cancellation.

    33. The Photographer reserves the right to cancel this Agreement upon full refund of all fees paid by the Customer to the Photographer.

    34. The Photographer shall not be in default of this Agreement, or incur any liability, by reason of its delay in the performance of or failure to perform, in whole or in part, any of its obligations hereunder, if such delay or failure results from occurrences beyond the Photographer’s reasonable control and without the Photographer’s fault or negligence. Examples of such occurrences include, but are not limited to, floods, fire, snow, ice, avalanche, hail, hurricane, and tornado. In such circumstances a mutually convenient alternative Session Date will be agreed to between the Photographer and the Gift Certificate Recipient.

    35. Limitation of Liability

    36. It will be the Gift Certificate Recipient's responsibility to ensure that all Dogs are up-to-date with all vaccinations, de-worming and other medication and treatments as required.

    37. The Gift Certificate Recipient shall have sole responsibility for maintaining control of the Dog(s).

    38. No responsibility or liability of any kind is accepted by the Photographer for any acts done by, or damaged caused by, the Dog(s).

    39. The Customer indemnifies the Photographer against any and all claims made against the Photographer for any and all acts done by, or damage caused by, the Dog(s).

    40. The Customer shall indemnify, defend and hold the Photographer and the Photographer's representatives harmless from any and all claims, liabilities, damages, and expenses of any nature whatsoever, including actual lawyers' fees, costs of investigation, court costs and any other expenses or costs arising from or relating to the Customer's direct or indirect use of the Image(s) or in connection with the Photographer’s reliance on any representations, instructions, information, or materials provided or approved by the Customer.

    41. In any event, the entire liability of the Photographer shall in no circumstance exceed the fee paid to the Photographer. Under no circumstances shall the Photographer be liable for general, consequential, incidental or special damages arising from this Agreement.

    42. Reshoot

    43. The Customer or Gift Certificate Recipient shall pay 100% of the Photographer's fees and charges for any reshooting or redoing of Services requested by the Customer or Gift Certificate Recipient.

    44. If the Image(s) become lost or unusable by reason of defects, damage, equipment malfunction, processing, or any other technical error, prior to delivery of the Image(s) or Products to the Gift Certificate Recipient, the Photographer will perform appropriate Service(s) again without additional fees, provided the Customer has paid in full for all fees and charges in connection with the initial Services.

    45. Modifications, Governing Laws and Modifications

    46. The copyright to all images, original and processed, remain the sole property of the Photographer.

    47. No copying or reproduction of any photographs, either physically or digitally, without the Photographer’s permission is allowed.

    48. This Agreement sets forth the entire understanding and agreement between the Photographer and the Customer regarding the Session.

    49. No waiver or modification may be made to any term or condition contained in this Agreement unless in writing and signed by the Photographer. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement.

    50. The formation, interpretation, and performance of this Agreement shall be governed by the provincial laws of Alberta.

    51. In the unlikely event that any dispute arises from this Agreement, the Photographer and Customer agree that any dispute or alleged breach shall be settled by mediation or arbitration, in the jurisdiction closest to the Photographer, and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

  2. The Gift Certificate covers the photographing of up to 2 dogs and 1 of their humans.

  3. If additional products or prints are purchased on the order form below, they will also be included in the Gift Certificate.

  4. Additional dogs can be added for $25 each. Additional people can be added for $25 each.

  5. The Gift Certificate Recipient shall be subject to all of the regular terms and conditions of the Dog with a Bow Photography sessions available upon request.

  6. The Gift Certificate Recipient shall be subject to the Dog with a Bow Photography release (available upon request.)

  7. No additional fees will be due from the Gift Certificate Recipient unless they choose to purchase any additional products or add additional dogs/people. 

  8. The Gift Certificate has no cash value.

  9. The Gift Certificate is not valid in conjunction with any other discounts or offers.

  10. The Customer understands that the Gift Certificate will be delivered electronically by the latest of Wednesday December 19, 2018.

  11. Only the person named on the Gift Certicate shall be entitled to redeem it.

  12. The Gift Certificate is single use only and entitles the Gift Certificate Recipient to one 60 minute photography session.

  13. The closing date for purchase of gift certificates to ensure delivery in time for Christmas is Saturday December 15, 2018.

  14. All fees in this Agreement are exclusive of taxes, which will be charged at the rate of 5%.

  15. All prices quoted in this Agreement, correspondence or invoices are in Canadian Dollars.

  16. The Session and Viewing Session

  17. Both the Photographer and the Gift Certificate Recipient agree to attend the Session at the date and time confirmed by email from the Photographer to the Gift Certificate Recipient and the Customer understands that no refund can be provided should the Gift Certificate Recipient fail to attend the session.

  18. A personal gallery will be prepared in time for the viewing session.

  19. The in-person viewing consultation will be scheduled at a mutually convenient time and location, and the images will usually be ready for this consultation within 2 weeks of the Session Date.

  20. Any additional orders must be placed at this in-person consultation including the selection of the 8" by 12" Print included in the Gift Certificate.

  21. Following the selection of Images by the Gift Certificate Recipient, the Photographer will order the selected Products from the Photographer’s supplier. Typically products are available for delivery to the Gift Certificate Recipient within 6 weeks of ordering, but unfortunately no guarantee can be made. The Photographer shall not be liable for any delay in postage.

  22. Every effort will be made to have products available within this time frame, and quicker where possible.

  23. For full details of additional products available please refer to the Dog with a Bow Photography Product Guide (available upon request and subject to change.) For informational purposes, 8" by 12" Mounted Prints can be purchased for $145.00 each, framed images will start from $475.00, acrylic prints will start from $650.00, and metal prints will start from $675.00.

  24. To the extent that Digital Files are supplied, the Digital Files will be JPEG files, provided on a custom USB and printable up to 16" by 24" for personal, non-commercial use only.

  25. Cancellations

  26. If the Photographer cancels the Session Date, for any reason not covered by the following paragraph, the Photographer shall offer the Gift Certificate Recipient the choice of either a full refund, or a re-scheduled Session Date. The Photographer shall have no other liability resulting from the cancellation.

  27. The Photographer reserves the right to cancel this Agreement upon full refund of all fees paid by the Customer to the Photographer.

  28. The Photographer shall not be in default of this Agreement, or incur any liability, by reason of its delay in the performance of or failure to perform, in whole or in part, any of its obligations hereunder, if such delay or failure results from occurrences beyond the Photographer’s reasonable control and without the Photographer’s fault or negligence. Examples of such occurrences include, but are not limited to, floods, fire, snow, ice, avalanche, hail, hurricane, and tornado. In such circumstances a mutually convenient alternative Session Date will be agreed to between the Photographer and the Gift Certificate Recipient.

  29. Limitation of Liability

  30. It will be the Gift Certificate Recipient's responsibility to ensure that all Dogs are up-to-date with all vaccinations, de-worming and other medication and treatments as required.

  31. The Gift Certificate Recipient shall have sole responsibility for maintaining control of the Dog(s).

  32. No responsibility or liability of any kind is accepted by the Photographer for any acts done by, or damaged caused by, the Dog(s).

  33. The Customer indemnifies the Photographer against any and all claims made against the Photographer for any and all acts done by, or damage caused by, the Dog(s).

  34. The Customer shall indemnify, defend and hold the Photographer and the Photographer's representatives harmless from any and all claims, liabilities, damages, and expenses of any nature whatsoever, including actual lawyers' fees, costs of investigation, court costs and any other expenses or costs arising from or relating to the Customer's direct or indirect use of the Image(s) or in connection with the Photographer’s reliance on any representations, instructions, information, or materials provided or approved by the Customer.

  35. In any event, the entire liability of the Photographer shall in no circumstance exceed the fee paid to the Photographer. Under no circumstances shall the Photographer be liable for general, consequential, incidental or special damages arising from this Agreement.

  36. Reshoot

  37. The Customer or Gift Certificate Recipient shall pay 100% of the Photographer's fees and charges for any reshooting or redoing of Services requested by the Customer or Gift Certificate Recipient.

  38. If the Image(s) become lost or unusable by reason of defects, damage, equipment malfunction, processing, or any other technical error, prior to delivery of the Image(s) or Products to the Gift Certificate Recipient, the Photographer will perform appropriate Service(s) again without additional fees, provided the Customer has paid in full for all fees and charges in connection with the initial Services.

  39. Modifications, Governing Laws and Modifications

  40. The copyright to all images, original and processed, remain the sole property of the Photographer.

  41. No copying or reproduction of any photographs, either physically or digitally, without the Photographer’s permission is allowed.

  42. This Agreement sets forth the entire understanding and agreement between the Photographer and the Customer regarding the Session.

  43. No waiver or modification may be made to any term or condition contained in this Agreement unless in writing and signed by the Photographer. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement.

  44. The formation, interpretation, and performance of this Agreement shall be governed by the provincial laws of Alberta.

  45. In the unlikely event that any dispute arises from this Agreement, the Photographer and Customer agree that any dispute or alleged breach shall be settled by mediation or arbitration, in the jurisdiction closest to the Photographer, and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.