Terms and Conditions
Effective Date: November 13th, 2024
Welcome to Britlee Marie Photography & Fine Art Studio ("we," "us," "our"). These Terms and Conditions govern your use of our services and the contractual obligations between you (“Client”) and Britlee Marie Photography & Fine Art Studio. By engaging in services, booking sessions, subscribing to communications, or otherwise interacting with us, you agree to be bound by these terms and conditions in accordance with Michigan state law. Please read this agreement carefully.
1. Acceptance of Terms and Conditions
By utilizing our services, including booking a photography session, signing a session contract, or subscribing to text and email notifications, you acknowledge and agree to these Terms and Conditions. If you do not agree, you must refrain from engaging with our services.
2. Services Provided
- Scope of Services: Britlee Marie Photography & Fine Art Studio provides professional photography services, including but not limited to boudoir, fine art, portrait, and event photography. Detailed descriptions and pricing for each type of service are available upon request or as outlined in individual agreements.
- Customization and Limitations: Customization options are available, but we cannot guarantee any specific outcome, image style, or result beyond the agreed scope.
3. Booking, Fees, and Payment Terms
- Session Reservation and Deposit: A non-refundable deposit is required to secure a booking. Sessions are confirmed only upon receipt of the deposit. The remaining balance is due the day of session unless otherwise specified or if client has chosen a pre payment plan or other form of payments.
- Pricing and Additional Fees: Pricing is subject to change, but once a session is booked and confirmed, the quoted price is guaranteed. Additional services or products, such as prints, may incur additional fees.
- Accepted Payment Methods: We accept [list accepted payment methods].
- Cancellation and Rescheduling Policy:
- Cancellations: Cancellations made within 30 days of the scheduled session forfeit the deposit. Cancellations made outside this time frame may allow for a rescheduling option at our discretion.
- Rescheduling: Clients may request to reschedule once without penalty, provided that the request is made at least 30 days before the session date. Rescheduling requests outside this policy may incur additional charges and are subject to availability.
4. Notification Services (Text and Email Communication)
By opting into our email or SMS notifications, you consent to receive updates, session reminders, promotional messages, and other communications related to our services. Standard data and messaging rates from your carrier may apply.
- Opt-Out Policy: Clients can unsubscribe from these notifications at any time by following the opt-out instructions in the message or by contacting us directly.
5. Client Obligations and Responsibilities
- Timeliness and Preparation: Clients are responsible for arriving on time and in a prepared state for their session. If a client is late, the session may be shortened or rescheduled at our discretion.
- Behavior and Conduct: We uphold a respectful, professional environment and reserve the right to refuse service to any client exhibiting disruptive or disrespectful behavior. Such refusal may result in forfeiture of deposits or session fees.
6. Copyright, Licensing, and Model Release
- Copyright and Ownership: All photographs and materials produced by Britlee Marie Photography & Fine Art Studio are exclusively owned by Britlee Marie Photography & Fine Art Studio under United States Copyright Law. This ownership includes all rights to reproduce, alter, publish, and distribute the photographs. The Client acknowledges that no ownership, copyright, or commercial rights are transferred to them. Britlee Marie Photography & Fine Art Studio retains sole copyright ownership of all images.
- Client’s Limited License for Personal Use: Britlee Marie Photography & Fine Art Studio grants the Client a limited, non-transferable license for personal, non-commercial use of the images. This license allows the Client to display and share images for personal purposes, such as on personal social media accounts or in private albums. The Client may not sell, alter, or reproduce the images for commercial purposes, nor grant any rights to third parties for commercial use.
- Image Usage by Britlee Marie Photography & Fine Art Studio: Britlee Marie Photography & Fine Art Studio will not use, publish, or display images from the Client’s session for any public or promotional purposes—including marketing, advertising, website portfolios, or social media—without the Client’s prior written consent. In the event the Client consents to public use, a separate model release and consent agreement will be provided, outlining the scope and purpose of such use.
- Model Release and Consent: Unless otherwise agreed in a signed, written model release, Britlee Marie Photography & Fine Art Studio will maintain the confidentiality of all images and will not publicly share, distribute, or display any session images. If the Client chooses to grant a model release, it will specify the permitted uses, which may include promotional, portfolio, and marketing purposes as detailed in the release.
- Confidentiality: Britlee Marie Photography & Fine Art Studio respects the privacy of all clients and ensures that all images will remain private unless explicit written consent is provided by the Client. Clients who wish to keep images strictly private do not need to sign a model release and can rest assured that images will not be shared or published in any form.
7. Refund and Satisfaction Policy
- Non-Refundable Deposits: The deposit required to reserve a session is non-refundable and serves as liquidated damages should the Client cancel or fail to complete the terms of this agreement.
- Satisfaction and Image Review: We strive for quality in our work. Clients may review proofs before selecting final images, but requests for reshoots or refunds based on subjective preferences are generally not accommodated unless there is a clear failure to meet agreed-upon standards.
8. Limitation of Liability
- Service Limitations and Risks: Britlee Marie Photography & Fine Art Studio is not liable for any direct, indirect, incidental, or consequential damages, including but not limited to equipment failure, natural events, unforeseen client cancellations, or acts beyond our control. Liability is strictly limited to the value of the contracted session fee.
- Waiver and Indemnification: By engaging our services, the Client agrees to indemnify and hold Britlee Marie Photography & Fine Art Studio harmless from any claims, damages, or liabilities arising from the Client's use of images or services, including unauthorized use, alteration, or distribution.
9. Dispute Resolution and Governing Law
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.
- Dispute Resolution: Any disputes arising from this Agreement shall be resolved first through mediation in Michigan. If mediation fails, the parties agree to submit to the exclusive jurisdiction of the courts of [Your County, Michigan].
- Attorney’s Fees: In the event of legal action to enforce this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
10. Modifications to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. Clients will be notified of any substantial changes, which will be posted on our website or communicated via email or SMS. Continuing to engage with our services after such modifications constitutes acceptance of the revised terms.
11. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
12. Contact Information
For any questions, concerns, or further clarification regarding these Terms and Conditions, please contact us at:
- Britlee Marie Photography & Fine Art Studio
- Email: britleemariephotos@gmail.com
- Phone: 989.292.7901
- Address: 604 Spring St. Saint Johns, MI 48879