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Terms of Service

1. Introduction

These Terms of Service ("Terms") govern the relationship between you and K & J Digital Photography, LLC ("we", "our", "us") in connection with our photography services. By engaging with our services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use or continue using our services.

2. Scope of Services

We provide photography services that may include, but are not limited to:

  • Session Planning: Scheduling, consultation, location coordination, and pre-shoot planning.
  • Photography Coverage: Portrait, family, event, maternity/newborn, and branding sessions as agreed.
  • Editing & Delivery: Post-processing, gallery preparation, and delivery of final images.
  • Creative Guidance: Direction on posing, styling, shot lists, and session flow to support your goals.

3. Client Responsibilities

To enable us to perform the services, you agree to:

  • Provide accurate and up-to-date contact information, business information, brand guidelines, and details where required.
  • Ensure that any data, content, creative assets, or instructions you provide comply with applicable laws and venue policies.
  • Obtain all necessary permissions and rights for us to use your branding, creative assets, and participant information for service execution.
  • Respond in a timely manner to requests for approvals, clarifications, or strategic decisions that affect performance.

4. Confidentiality and Data Handling

We treat all client session details, image files, and related records as confidential. We will not sell, lease, or share client data with third parties for their independent marketing purposes. We may share limited data with trusted service providers (for example, gallery hosting, print labs, or payment tools) strictly as required to perform the services you have engaged us to perform, or as required by law.

We apply commercially reasonable security measures to protect sensitive information from unauthorized access, alteration, disclosure, or destruction. These measures include, but are not limited to:

  • Encrypted data transmission (SSL/TLS).
  • Limited-access internal systems so that only authorized team members can access sensitive data.
  • Secure storage of booking records and photography assets.
  • Ongoing internal reviews and team training regarding data handling best practices.

5. Billing, Invoicing, and Payment

You agree to pay fees for services as outlined in your proposal, agreement, or invoice. Unless otherwise stated in writing, invoices are due upon receipt. Late or unpaid balances may result in suspension or termination of services. You are also responsible for any third-party costs (for example, permits, venue fees, or special access fees) unless otherwise agreed in writing.

6. Intellectual Property

Unless otherwise agreed in writing:

  • You retain ownership of your brand assets, trademarks, logos, proprietary audience lists, internal business data, and any first-party data you provide to us.
  • We retain ownership of our internal processes, strategies, know-how, frameworks, and any proprietary methodologies used to deliver services.
  • Creative assets, deliverables, reports, and materials specifically produced for you as part of a paid engagement may be used by you internally and in your marketing, subject to full payment of invoices.

7. Third-Party Platforms and Compliance

In delivering photography services, we may use third-party platforms (gallery hosting, payment providers, communication tools, etc.). Your data may flow through those platforms to execute services. Your use of those platforms, whether directly or through us acting on your behalf, is subject to their respective terms, policies, and limitations. We are not responsible for outages, policy enforcement actions, bans, cost changes, data inaccuracies, reporting delays, or other limitations imposed by those platforms.

8. Performance and No Guaranteed Results

Photography outcomes can be influenced by factors outside our control, including weather, venue restrictions, timing, participant cooperation, and lighting conditions. While we work in your best interest and aim to deliver exceptional results, we do not guarantee outcomes based on factors outside our reasonable control.

9. Term, Termination, and Offboarding

Either party may terminate services according to the terms in the applicable proposal, statement of work, or master services agreement. Upon termination and upon your written request, we will make reasonable efforts to return or remove access and relevant photography assets, except where retention is required by law, for recordkeeping, billing, dispute resolution, audit, or tax purposes.

10. Limitation of Liability

To the fullest extent permitted by law, K & J Digital Photography, LLC is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, loss of business opportunity, data loss, or business interruption, arising out of or relating to the services, even if we have been advised of the possibility of such damages.

Our total liability for any claim related to the services will not exceed the total fees actually paid to us by you for the specific service giving rise to the claim in the thirty (30) days preceding the event that caused the claim, unless otherwise required by applicable law.

11. Changes to These Terms

We may update these Terms of Service from time to time to reflect operational, business, legal, or regulatory changes. The "last updated" date will be revised accordingly. Your continued use of our services after an update constitutes acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms, and any dispute arising out of or relating to them or the services we provide, will be governed by applicable local laws based on the jurisdiction stated in your proposal, work order, or master services agreement with us. In the event of a dispute, both parties agree to attempt good-faith resolution before pursuing formal legal action.