JPURESTI PHOTOGRAPHY
TERMS OF SERVICE
Effective Date: [MONTH DAY, YEAR]
These Terms of Service (“Terms”) apply to all photography services, sessions, image licenses, digital downloads, prints, products, and related services provided by JPUresti Photography (“Photographer”).
By booking a session, paying a retainer or invoice, purchasing photographs or products, downloading Images, or otherwise accepting services from Photographer, the person or organization making the purchase (“Client”) agrees to these Terms.
These Terms also apply to unpaid collaborations, trades, and other arrangements unless Photographer signs a separate written agreement stating otherwise.
“Client” means the individual or organization booking, purchasing, or receiving photography services or Images. Client represents that Client has the legal authority to enter into this agreement and, when applicable, to act for participating minors, family members, employees, athletes, team members, or representatives.
“Image” or “Images” means all still photographs, moving images, proofs, edited photographs, designs, composites, digital files, prints, negatives, raw files, and other photographic material created by Photographer, regardless of format, storage method, or delivery method.
“Written agreement” includes a physical or electronic document signed by the applicable parties. An email or message may authorize a limited use when it clearly identifies the Image and permitted use, but it does not transfer copyright ownership unless it expressly states that copyright ownership is being transferred and is signed by the copyright owner or the copyright owner’s authorized representative.
Photographer performs all services as an independent contractor and not as an employee, partner, agent, or joint venturer of Client.
Client may communicate the desired subject, purpose, schedule, location, and general creative objectives of an assignment. Photographer retains control over the photographic process, equipment, lighting, composition, capture methods, editing, and artistic judgment unless otherwise agreed in writing.
Photographer is the author and initial copyright owner of all Images created by Photographer.
Unless Photographer expressly transfers copyright ownership through a separate written instrument signed by Photographer or Photographer’s authorized representative, all copyrights and other ownership rights in the Images remain exclusively with Photographer.
Images are licensed for permitted uses; they are not sold as intellectual property. Payment for services, receipt of digital files or prints, possession of an Image, appearance in an Image, or access to an online gallery does not transfer copyright ownership.
The parties agree that the Images are not being created as “works made for hire.”
Commissioning, requesting, directing, purchasing, or paying for photography does not, by itself, make an Image a work made for hire and does not give Client copyright ownership.
No Image will be treated as a work made for hire unless Photographer and Client enter into a separate written agreement that:
A purchase order, invoice, payment, booking confirmation, project description, email, text message, verbal statement, or delivery of Images does not create a work-made-for-hire relationship unless it satisfies all applicable legal requirements and Photographer expressly agrees to that status in the signed document.
If an Image does not legally qualify as a work made for hire, Photographer remains its copyright owner unless Photographer separately transfers copyright ownership through a valid written assignment signed by Photographer or Photographer’s authorized representative.
No work-made-for-hire language or copyright-transfer language contained in a Client purchase order, vendor portal, submission form, email footer, online terms, or similar document will bind Photographer unless Photographer specifically and separately agrees to that provision in a signed writing.
Delivery, display, publication, transmission, or sharing of an Image does not transfer its copyright.
This applies to Images delivered or shared through online galleries, GotPhoto, PhotoDay, email, text message, social media, cloud storage, physical media, downloads, proofs, prints, or any other method.
When Photographer shares an Image with any person or organization, Photographer retains all copyrights and all rights not expressly licensed in writing.
A recipient may not claim ownership of an Image or authorize another person or organization to use it. A third party who receives an Image from Client does not receive copyright ownership or an independent license from Photographer.
No license becomes effective until Photographer receives full payment and delivers the applicable Images, unless Photographer expressly agrees otherwise in writing.
Unless a different license appears on an invoice or signed agreement, an individual portrait or sports-session Client receives a limited, nonexclusive, nontransferable license to:
This license does not permit Client or any other person to:
Any use outside the personal license requires Photographer’s prior written authorization and may require an additional licensing fee.
Businesses, schools, teams, leagues, clubs, publications, sponsors, vendors, and other organizations receive only the usage rights expressly stated in their invoice, license, or signed agreement.
Permission given to an athlete, parent, employee, coach, or individual participant does not automatically give a team, school, league, sponsor, business, publication, or organization permission to use the Images.
An organizational or commercial license must identify the authorized user and may specify the permitted purpose, media, territory, duration, placement, and number of uses. All rights not expressly granted remain with Photographer.
Client may not transfer, assign, or sublicense usage rights without Photographer’s prior written authorization.
Photographer retains discretion over the selection, editing, color treatment, cropping, composition, retouching, and final appearance of delivered Images.
Portrait-session editing may include adjustments to color, crop, contrast, and exposure at Photographer’s discretion. Standard portrait sessions do not include extensive retouching unless stated in the purchased package.
“Sportrait” sessions may include retouching selected by Photographer. The extent and style of that retouching remain within Photographer’s artistic discretion.
Client may not apply filters, substantially alter colors, add or remove elements, create composites, use artificial intelligence to modify an Image, or otherwise materially alter an Image without Photographer’s prior written permission.
Ordinary resizing necessary for permitted social-media posting is allowed, provided it does not distort the Image or remove a watermark, signature, or copyright notice.
Additional editing requested by Client is subject to Photographer’s approval and may require an additional fee beginning at $25 per Image. Photographer may decline any requested edit.
Unless expressly included in a signed agreement, Photographer is not required to deliver raw files, unedited files, rejected Images, duplicate captures, working files, project files, or intermediate versions.
When Images are posted online, Client must provide reasonably visible credit to “JPUresti Photography” when the platform and circumstances permit.
Failure to provide credit does not transfer copyright or terminate Photographer’s ownership. Photographer may request that missing credit be added or that an unauthorized use be removed.
A credit line does not replace the need to obtain permission for a use that is not otherwise licensed.
All invoices are due according to the payment schedule shown on the applicable invoice or booking page. If no other due date is stated, payment is due upon receipt.
No Images or usage rights will be delivered or granted until Photographer receives full payment, including any applicable fees.
Use of an Image before full payment or outside the authorized license constitutes unauthorized use. Photographer may revoke conditional permission when Client fails to make a required payment.
Client is responsible for applicable bank-transfer, payment-processing, location, permit, parking, admission, shipping, and travel charges disclosed before the session or purchase.
The invoice and corresponding payment record serve as Client’s receipt.
When required, a retainer equal to 25% of the session price must be paid to reserve the session date. The session is not reserved until Photographer receives the required retainer.
Retainers compensate Photographer for reserving the date and declining other work and are nonrefundable to the extent permitted by applicable law.
Client must provide at least 48 hours’ notice to request a cancellation or postponement. If Client provides timely notice, Photographer may allow the retainer to be applied to one rescheduled session, subject to availability.
If Client cancels with less than 48 hours’ notice, fails to appear, or fails to provide access to the agreed location, the retainer is forfeited and may not be applied to another session.
If Photographer has arrived at the agreed location before learning that the session cannot proceed because of Client’s actions or omissions, amounts already paid may be retained and additional travel or service charges may apply.
If Client requests a reshoot for reasons unrelated to Photographer’s failure to provide the agreed services, Client will be responsible for a new session fee and all associated expenses.
If a reshoot is reasonably necessary because of Photographer’s material error, Photographer’s obligation will be limited to offering a reshoot without an additional photography fee. Client remains responsible for expenses outside Photographer’s control unless otherwise agreed.
When weather, venue restrictions, unsafe conditions, illness, acts of God, or circumstances outside the parties’ reasonable control prevent completion of a session, Photographer may offer rescheduling as the appropriate remedy.
If Photographer cannot perform because of illness, emergency, equipment failure, accident, unsafe conditions, an act of God, or another circumstance beyond Photographer’s reasonable control, Photographer may offer a qualified replacement, reschedule the session, or refund amounts paid for services that were not provided.
If Client declines a reasonable rescheduling option, Photographer’s maximum responsibility will be the return of amounts paid for the unperformed services.
Photographer is not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, missed opportunities, emotional distress, or costs associated with recreating an event, to the extent permitted by law.
Sessions will take place at a location approved by Photographer.
Photographer will not trespass or conduct a session in violation of applicable laws, venue rules, or property restrictions. Client is responsible for obtaining permission to use private property and for disclosing applicable location rules before the session.
Client voluntarily enters the session location and accepts ordinary risks associated with that location. Photographer may stop or refuse a session when Photographer reasonably believes conditions are unsafe, unlawful, or inappropriate.
No other professional photographer or videographer may photograph or record the session without Photographer’s prior written permission.
Unless expressly agreed otherwise, Photographer is not responsible for obtaining property, trademark, location, or third-party copyright releases necessary for Client’s intended use.
Client is responsible for obtaining permissions for logos, artwork, uniforms, locations, music, graphics, or other materials supplied or selected by Client.
Client represents that Client has permission to provide all Client-supplied materials to Photographer and will be responsible for claims arising from materials Client did not have authority to use.
Photographer’s ownership of copyright is separate from permission to use a person’s likeness for advertising or promotional purposes.
When required, Photographer will obtain a separate model release or other written permission before using an identifiable person’s Image for advertising, portfolio, website, social-media, competition, publication, or promotional purposes.
Declining promotional use does not affect Photographer’s copyright ownership.
Client is responsible for downloading, backing up, and safely storing delivered digital Images.
Photographer may retain Images for one year after the original photography date but does not guarantee permanent storage or future availability.
Photographer is not responsible for the failure, corruption, incompatibility, or loss of Client’s storage devices, software, accounts, or downloaded files.
Requests to restore or redeliver previously delivered Images may be subject to availability and a processing fee.
Photographer will deliver Images in a commonly used digital format and at a resolution Photographer considers suitable for the licensed purpose.
Colors and brightness may appear different across monitors, phones, software, paper, and printing systems. Photographer is not responsible for variations produced by uncalibrated displays or third-party printers.
If Client believes a delivered file is corrupted or technically defective, Client must notify Photographer within 10 days after delivery. Photographer’s obligation will be limited to repairing or replacing the affected file when reasonably possible.
Print and product orders must be paid in full before production.
Because customized prints and products are produced to order, they may not be changed, canceled, exchanged, or refunded after production begins, except when required by law or when the delivered product is defective.
Client is responsible for checking crops, names, jersey numbers, team names, spelling, product selections, shipping information, and other order details before submitting an order.
If Client reports a textual or labeling error before placing the order, Photographer will correct the error without an additional charge. Corrections requested after an order enters production may require reprinting and will be handled at Photographer’s discretion.
Photographer is not responsible for color or quality variations from a printing laboratory selected independently by Client.
Digital-image purchases are final and nonrefundable after the files have been delivered, downloaded, or made accessible, except when required by law.
Photographer will correct confirmed minor textual or labeling mistakes, such as an incorrect name or jersey number, without an additional charge.
Major design changes—including new layouts, replacement graphics, substantial color changes, Image substitutions, or changes to the original creative direction—are not included and may require an additional design fee.
Photographer may require the removal or cessation of any unauthorized use and may pursue available remedies under applicable law.
Client is responsible for uses Client directly makes or authorizes. Client must reasonably cooperate with Photographer when Client learns that a person or organization received an Image from Client and is using it without permission.
Payment of a licensing or settlement amount after unauthorized use does not transfer copyright ownership.
To the fullest extent permitted by applicable law, Photographer’s total liability arising from a session, order, or agreement will not exceed the amount Client paid Photographer for the specific services or products giving rise to the claim.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
To the extent permitted by law, Client agrees to defend, indemnify, and hold Photographer and Photographer’s contractors and representatives harmless from third-party claims, damages, liabilities, and reasonable expenses arising from:
This provision does not require Client to indemnify Photographer for Photographer’s intentional misconduct or liability that cannot legally be shifted to Client.
Client may accept these Terms electronically. Booking a session, paying a retainer or invoice, completing an online purchase, checking an acceptance box, or downloading delivered Images after receiving notice of these Terms constitutes acceptance.
Electronic signatures and signed electronic records will be treated as originals to the extent permitted by law.
No amendment, copyright transfer, work-made-for-hire agreement, or waiver is binding unless it is stated in writing and signed by the party against whom it will be enforced.
Failure to enforce a provision on one occasion does not waive the right to enforce it later.
Client may not assign this agreement or transfer or sublicense any Image rights without Photographer’s prior written permission.
Photographer may use qualified assistants, contractors, laboratories, gallery providers, and fulfillment services to perform administrative, editing, printing, delivery, or production functions.
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain effective. The invalid provision will be limited or modified only to the extent necessary to make it enforceable when permitted by law.
These Terms, together with the applicable proposal, invoice, booking confirmation, package description, Image license, and any signed addendum, constitute the parties’ agreement concerning the applicable services and Images.
If a signed agreement directly conflicts with these general Terms, the signed agreement controls only with respect to the identified conflict.
Questions, permission requests, and licensing requests should be directed to:
JPUresti Photography
[BUSINESS EMAIL]
[BUSINESS MAILING ADDRESS, IF DESIRED]
© [YEAR] JPUresti Photography. All rights reserved.