Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Gaby Clark Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at www.gabyclark.com or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Gaby Clark Photography.“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Gaby Clark Photography. All such Products are the intellectual property of and are owned by Gaby Clark Photography. By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Gaby Clark Photography’ Products immediately. Understand that by using the Site, any Products, services, or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.


Gaby Clark Photography is a resource through which you may obtain portrait photography services.


Gaby Clark Photography permits you to control the management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: https://www.gabyclark.com/privacy-policy which is incorporated herein by reference. Gaby Clark Photography will only collect and otherwise access the information you voluntarily provide via email or through other direct contact initiated by you. Gaby Clark Photography will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Gaby Clark Photography is the sole manager of such information collected on the Site. Gaby Clark Photography will use such information to respond to you as necessary. You grant Gaby Clark Photography a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.


Links on the Site may be affiliate links controlled by parties other than Gaby Clark Photography to help support the maintenance of the Site. Gaby Clark Photography does not assume responsibility for or endorse any contents, products, services, or use of any of these affiliate Sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Gaby Clark Photography from any loss or damage incurred from dealing with such affiliate.


Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.


Gaby Clark Photography owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions, therefore; (c) all things otherwise provided to you as a part of Gaby Clark Photography’ services, and; (d) any other intellectual property rights afforded to Gaby Clark Photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Gaby Clark Photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon Gaby Clark Photography’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Gaby Clark Photography will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.


By using the Site and entering personal information, you give Gaby Clark Photography permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Gaby Clark Photography know by emailing us at portraits@gabyclark.com and we will kindly refrain from doing so.


You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.


Products are provided “as is”. Gaby Clark Photography offers no warranty, explicit or implied, regarding any forms or templates, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Obtaining materials available through the site is done at your own discretion and at your own risk. Gaby Clark Photography makes no warranty that the site, products or materials will be accurate and reliable in all instances.


Except as prohibited by law, Gaby Clark Photography shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the website, materials or products, including attorney’s fees and related expenses of litigation and arbitration. Except as prohibited as law, to the extent there is liability found as to Gaby Clark Photography, such recovery is limited to the amount you paid for materials, products and services.


These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Massachusetts. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Los Gatos, CA.

Gaby Clark Photography reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Gaby Clark Photography’s Products, Materials and services. Any questions regarding the above Terms may be directed to: portraits@gabyclark.com