Terms and Conditions

WEBSITE TERMS & CONDITIONS

United States and Canada

Effective Date: 09/22/2026 | Last Updated: 09/22/2026

Related Policies:

• Student and Family Photography Terms
• School Partnership Terms

 

1. Agreement to These Terms

These Website Terms and Conditions (the “Terms”) govern access to and use of Art of Portraits websites, appointment systems, online galleries, ordering and payment features, forms, photography and videography services, digital and physical products, and other services that link to these Terms. By accessing the website, submitting an inquiry, scheduling an appointment, purchasing a product, or using a service, you agree to these Terms. If you do not agree, do not use the website or purchase services through it.

Additional agreements may apply, including photography proposals, commercial production agreements, licensing agreements, Student and Family Photography Terms, School Partnership Agreements, releases, estimates, invoices, and statements of work. A signed agreement controls if it conflicts with these Terms for the applicable project.

2. Eligibility

You must be legally capable of entering into a binding agreement. If you act for a business, school, organization, Family, or another person, you represent that you have authority to bind that party. Minors may not independently enter paid service agreements unless permitted by law; a parent or legal guardian must provide required authorization.

3. Services

·  Professional headshots, executive portraits, and personal branding

·  Commercial, product, family, lifestyle, event, school, academic, senior, graduation, and sports photography

·  Videography, corporate video, social-media content, retouching, post-production, printing, downloads, albums, and specialty products

Services vary by geography, availability, project requirements, and written agreement. Website descriptions do not guarantee a particular service, date, photographer, product, or package.

4. Estimates, Proposals, Bookings, and Payment

An estimate is valid for the period stated and is based on the known scope. Changes to location, schedule, participant count, usage, deliverables, or production requirements may change the price. Travel, permits, rentals, assistants, stylists, talent, shipping, taxes, and third-party expenses may be separate.

A booking is confirmed only after required forms are completed, required payment is received, and Art of Portraits confirms the booking. Unless otherwise stated, individual sessions may require a nonrefundable retainer of up to fifty percent, commercial work may require a nonrefundable production retainer, and the balance is due no later than the service date. Deliverables may be withheld until payment is complete. Past-due balances may accrue interest at the lower of 1.5 percent per month or the maximum permitted rate.

5. Cancellations and Rescheduling

For individual portraits, cancellation more than seventy-two hours before the appointment may qualify for a refund other than the nonrefundable retainer and incurred expenses. Cancellation within seventy-two hours may forfeit the retainer. One timely rescheduling request may be permitted if a replacement date is available. Commercial, event, and production retainers are nonrefundable unless the written agreement states otherwise. Authorized costs already incurred remain payable.

Art of Portraits may reschedule for weather, illness, unsafe conditions, school or venue closure, government action, transportation interruption, equipment failure, or another event beyond reasonable control.

6. Client Responsibilities

·  Provide accurate contact, billing, project, and participant information

·  Arrive on time and ensure participants are prepared

·  Obtain required location, property, participant, and intellectual-property permissions

·  Disclose access, safety, timing, and location restrictions

·  Supervise minors under your care unless an authorized institution assumes that role

·  Provide timely feedback, selections, approvals, and materials

·  Treat personnel and participants respectfully and avoid unsafe, unlawful, abusive, or discriminatory conduct

Client-caused delays may reduce available photography time or change delivery schedules without reducing the agreed fee.

7. Creative Discretion and Delivery

Photography and videography are creative services. Art of Portraits retains professional discretion over lighting, composition, posing, background, editing, retouching, color, image selection, sound, video editing, and presentation. No particular pose, expression, scene, composition, or subjective result is guaranteed.

Delivery dates are estimates unless expressly guaranteed. Clients must promptly inspect files and products and report access problems, missing items, incorrect products, shipping damage, or material defects within [7/14] days.

8. Online Galleries and Accounts

·  Keep passwords, codes, and credentials private

·  Share gallery access only with authorized people

·  Do not access another client’s gallery or copy unlicensed Images

·  Notify Art of Portraits promptly of suspected unauthorized access

·  Download purchased files before gallery or download links expire and maintain backups

Gallery access is temporary and may end on the date stated in the gallery or communication.

9. Products, Shipping, and Returns

Customized products generally cannot be canceled after production begins. Screen color and crop may differ slightly from printed products. Shipping dates are estimates, and incorrect addresses may cause additional charges. Damaged, defective, or incorrect products may qualify for replacement when timely reported with reasonable documentation. Delivered digital downloads are generally nonrefundable except where required by law or materially defective.

10. Copyright and License

Unless a signed agreement states otherwise, all copyrights and intellectual-property rights in photographs, video, footage, designs, project files, and creative materials remain with Art of Portraits or the applicable creator. Payment does not transfer copyright. Raw captures, outtakes, layered files, and editing project files are not included unless expressly identified.

After full payment, the client receives the license stated in the package or agreement. A personal portrait license permits personal display, personal social media, personal profiles, gifts, and personal printing from authorized files. It does not permit resale, sublicensing, false authorship, commercial advertising, removal of rights information, defamatory use, or material edits or AI alterations that misrepresent the original work. Commercial, broadcast, editorial, campaign, merchandise, and resale use may require a separate license.

11. Portfolio Use and Minors

For adults, a signed release or service agreement may authorize portfolio, website, social-media, advertising, publication, exhibition, competition, and educational use. Confidentiality restrictions must be confirmed in writing before production. An identifiable minor’s Image will not be used for general promotion without an appropriate parent or guardian release and compliance with applicable school policy and law.

12. AI-Assisted Tools

Art of Portraits may use AI-assisted tools for noise reduction, organization, cleanup, retouching assistance, color correction, metadata, or workflow automation, with human review of final creative decisions. Identifiable client or student Images will not knowingly be submitted to a public AI model for general model training without express authorization. Facial recognition or biometric identification will not be used on Students unless separately disclosed, legally permitted, and appropriately authorized.

13. Acceptable Website Use and Third-Party Services

You may not interfere with security, attempt unauthorized access, scrape or harvest content without permission, introduce harmful code, impersonate others, violate rights, or reproduce substantial website content without authorization. Scheduling, gallery, payment, analytics, printing, mapping, social-media, hosting, and delivery providers may have independent terms and policies.

14. Privacy and Marketing

Personal information is handled as described in the Privacy Policy. School portrait purchases are also governed by the Student and Family Photography Terms. Promotional communications will include legally required consent, sender identification, and opt-out processes where applicable. Transactional messages about appointments, galleries, orders, contracts, privacy, and support are not marketing messages.

15. Disclaimers and Limitation of Liability

To the maximum extent permitted by law, the website and complimentary content are provided “as is” and “as available.” Art of Portraits does not guarantee uninterrupted operation, permanent gallery availability, or compatibility with every device. Mandatory consumer warranties and remedies are not excluded.

To the maximum extent permitted by law, Art of Portraits is not liable for indirect, incidental, consequential, exemplary, special, or punitive damages. For a paid service, aggregate liability will not exceed the amount paid for the affected service unless law or a signed agreement requires otherwise. A reasonable remedy for lost, corrupted, or unusable Images may include recovery efforts, a reshoot where practical, replacement, credit, or refund.

16. Indemnification, Law, and Changes

To the extent permitted by law, you agree to indemnify Art of Portraits from third-party claims arising from materials you supplied, instructions you directed, unauthorized use of deliverables, failure to obtain permissions, unlawful website use, or material breach. Governing law is the jurisdiction identified in the applicable invoice or agreement, while mandatory consumer and privacy laws remain unaffected. Updated Terms will be posted with a revised date and apply prospectively unless law permits otherwise.

17. Contact

Art of Portraits | 12668 Hoover Street, Garden Grove, CA 92841 | (877) 874-6867 | info@artofportraits.com