Terms & Conditions

02/04/2022

Welcome to Shutterpix Photography. These Terms & Conditions apply to the use of our website, photography services, galleries, digital images, products, and related services provided by Shutterpix Photography. For purposes of these Terms, “Shutterpix Photography,” “Shutterpix,” “we,” “us,” and “our” refer to Shutterpix Photography. “Client,” “you,” and “your” refer to any person who visits our website, contacts us, books photography services, purchases products, accesses a gallery, or otherwise uses our services. Our photography services may include weddings, elopements, engagements, proposals, family portraits, senior portraits, maternity, boudoir, headshots, branding, commercial photography, events, pet photography, destination photography, and other related services. By accessing our website, booking a session or event, submitting a retainer or payment, purchasing products, or using any Shutterpix Photography service, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy found here: https://www.shutterpixphotography.com/privacy-policy which explain show we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

Shutterpix Photography provides professional photography services, including planning, consultation, photography, editing, gallery delivery, digital image licensing, prints, albums, wall art, and other related products and services.Clients may provide their name, email address, contact information, reviews, testimonials, and other information as part of the inquiry, booking, gallery, or purchasing process.Payment must be made according to the terms stated in the client’s invoice, booking agreement, or photography collection. Unless otherwise agreed in writing, portrait sessions must be paid in full prior to the scheduled session, and wedding balances are due no later than two weeks before the event. *Gallery access and digital image delivery will not be provided until all required payments have been received in full.

A service is the act of phone calls, planning, collaborating, photographing whether that be with a dslr camera, cellphone with a photo app, mirrorless camera, gopro, or video camera. The use of lights, flash or otherwise may or may not be used to perform the photographer's duties. Once your photography session is edited and posted to a gallery or uploaded to dropbox or drive, your edits are therefore finished. The next stage is the final edits if a client is wanting to purchase the photos in another crop/ special edits/ or changes there is a option when purchasing their products to make comments to share in the final purchasing power or edit. (AND ONLY THEN)

Photography Services provided by Shutterpix Photography include the professional time, experience, planning, communication, creative direction, photography, equipment, lighting, image selection, editing, retouching, gallery preparation, delivery, and other work necessary to complete your photography experience. Photography may be created using professional DSLR or mirrorless cameras, video equipment, drones where permitted, mobile devices, lighting, flash, natural light, or other equipment appropriate for the session or event. All delivered photographs are professionally selected and edited by Shutterpix Photography. Once the completed images are delivered to the client’s private online gallery, the standard editing included with the purchased collection is considered complete.Requests for additional or specialized editing are welcome and will be considered individually. This may include, but is not limited to, background changes, removal or addition of people or objects, extensive retouching, compositing, alternate crops, or other changes beyond our standard editing process. Additional editing may be subject to a fee based on the nature and complexity of the request. Props, décor, specialty items, rentals, permits, admission fees, or other items requested by the client or purchased specifically for a session are not included in the photography fee unless expressly stated in the purchased collection. Any such costs are the responsibility of the client and must be approved and paid for in advance when Shutterpix Photography is asked to purchase or arrange them on the client’s behalf.

Clients agree to provide accurate contact, booking, and session information and to communicate any important details that may affect the photography services being provided. Clients are responsible for ensuring that all individuals participating in a session or event are aware that photography will take place. A parent or legal guardian must provide permission for minors when consent or a release is required. For commercial, branding, modeling, ambassador, or other photography intended for advertising or promotional use, additional permissions or releases may be required from identifiable individuals appearing in the photographs. Clients agree to use Shutterpix Photography services, galleries, digital images, website content, and products only for lawful purposes and in accordance with these Terms & Conditions. Clients are responsible for maintaining the privacy of gallery passwords, PINs, download codes, or other private access information provided by Shutterpix Photography. Shutterpix Photography is not responsible for unauthorized access resulting from a client sharing private gallery information with others.

All photographs, videos, graphics, designs, written content, branding, galleries, and other materials created or displayed by Shutterpix Photography are protected by copyright and may not be copied, reproduced, sold, distributed, altered, or used for commercial purposes without written permission. Clients and website visitors may not download, screenshot, copy, remove watermarks from, reproduce, or use images that have not been purchased, licensed, or provided for download by Shutterpix Photography.Images delivered to a client may be used only according to the personal or commercial usage rights provided with the purchased collection. Purchasing or receiving digital images does not transfer copyright ownership. Shutterpix Photography images may not be altered by the client or a third party. This includes applying filters or presets, changing color or exposure, adding or removing people or objects, replacing backgrounds, additional retouching, or using AI or other editing tools to modify the finished image.Requests for specialized changes should be submitted to Shutterpix Photography and will be considered individually. Additional editing may be subject to a fee depending on the requested work. Images shared online must retain the original Shutterpix Photography edit. When sharing images on social media or other online platforms, clients are required to credit or tag Shutterpix Photography / @ShutterpixPhotography when the platform allows tagging. Website visitors and clients may not use Shutterpix Photography's website, galleries, photographs, or other content for unlawful purposes; attempt to gain unauthorized access to private galleries or systems; collect or harvest information from the website; or use automated methods to copy, scrape, download, or reproduce Shutterpix Photography content. Unauthorized use of Shutterpix Photography's copyrighted photographs, website content, or other intellectual property may result in removal requests and other remedies available under applicable law.

PRINTING & COLOR aCCURACY

Shutterpix Photography professionally edits and prepares digital images for accurate color and quality. However, color, brightness, contrast, cropping, and overall print quality cannot be guaranteed when digital images are printed through a third-party lab, retail printer, online printing service, or any company not offered through Shutterpix Photography’s Print Marketplace. Different printers, papers, inks, screens, and automatic color-correction systems may reproduce an image differently from the professionally edited Shutterpix Photography file. Shutterpix Photography is not responsible for color shifts, incorrect cropping, reduced image quality, or other printing issues resulting from products ordered outside of our Print Marketplace.For the closest representation of the professionally edited image and intended Shutterpix Photography color, clients are encouraged to order prints, albums, canvases, and wall art directly through their Private Online Gallery + Print Marketplace.

Clients are welcome and encouraged to share their Shutterpix Photography images on social media and other personal online platforms. When sharing images online, the original Shutterpix Photography edit must remain intact and Shutterpix Photography / @ShutterpixPhotography must be credited or tagged whenever the platform allows tagging.Clients may not apply filters, presets, AI alterations, additional retouching, color changes, background replacements, or other modifications to delivered photographs. Please contact Shutterpix Photography if you would like an image changed or specially edited. Additional editing requests will be considered and may be subject to a fee.Clients may not represent Shutterpix Photography images as the work of another photographer, remove identifying copyright information or watermarks when present, sell or license the images to another person or business, or use images commercially unless commercial usage rights have been provided in writing.Reviews, testimonials, comments, tags, and social media shares are welcomed and greatly appreciated. Clients are responsible for the content they personally post or submit and agree not to knowingly publish false, unlawful, threatening, defamatory, or infringing material through Shutterpix Photography's website, galleries, reviews, or social platforms.

Information, photographs, reviews, testimonials, comments, links, and other content appearing on the Shutterpix Photography website or social media platforms may include information provided by clients, venues, vendors, businesses, or other third parties. Shutterpix Photography is not responsible for the accuracy, availability, opinions, services, or content provided by third parties.Reviews, comments, testimonials, or opinions expressed by clients or other individuals represent their own experiences and opinions and do not necessarily represent those of Shutterpix Photography.Shutterpix Photography reserves the right to remove, hide, report, or respond to content posted on platforms under our control when that content is unlawful, threatening, defamatory, fraudulent, abusive, infringing, or otherwise inappropriate.Information provided on the Shutterpix Photography website, blog, social media, location guides, or other online content is intended for general informational and inspirational purposes. Locations, venues, businesses, access points, rules, fees, hours, weather conditions, seasonal conditions, landscapes, and other third-party information may change without notice. This applies to all locations and destinations featured by Shutterpix Photography. Clients should verify time-sensitive or important information directly with the appropriate venue, property, business, or governing authority when necessary.Shutterpix Photography may occasionally use digitally enhanced, AI-assisted, AI-generated, or composite images for creative, illustrative, advertising, educational, or promotional purposes. When an image has been materially created or altered in a way that does not represent an actual photographed person, location, condition, event, or scene, it should not be interpreted as a factual representation of that person, place, or circumstance.Normal professional photographic editing, including adjustments to color, exposure, cropping, skin retouching, object cleanup, and other finishing techniques, is part of the Shutterpix Photography creative process and is not considered a factual misrepresentation of a photographed session or event.

The Shutterpix Photography website, galleries, blog, social media, emails, and other communications may contain links to third-party websites, businesses, venues, vendors, printing services, payment providers, social media platforms, maps, lodging, rental properties, or other outside resources.These links are provided for convenience, information, inspiration, or as a resource to our clients. Shutterpix Photography does not own or control third-party websites or services and is not responsible for their content, accuracy, availability, pricing, policies, privacy practices, security, products, services, or changes made by those third parties.The inclusion of a link, business, venue, vendor, product, or other resource does not guarantee or imply an endorsement unless Shutterpix Photography specifically states otherwise.Clients who choose to visit, purchase from, book with, or otherwise use a third-party website, business, venue, vendor, or service do so under that third party’s own terms, policies, and conditions.

Shutterpix Photography respects the intellectual property and copyright rights of others and expects clients, website visitors, and users of our content to do the same.If you believe that photographs, images, written content, or other material appearing on the Shutterpix Photography website or platforms under our control infringes upon a copyright or intellectual property right that you own or are authorized to represent, please contact Shutterpix Photography with information identifying the copyrighted work, the material in question, where the material appears, and your contact information. Copyright concerns may be submitted to: CHANI@SHUTTERPIXPHOTOGRAPHY.COM Shutterpix Photography will review legitimate copyright concerns and may remove, restrict, or otherwise address disputed material when appropriate. Nothing in these Terms grants clients or website visitors ownership of Shutterpix Photography copyrighted images, website content, designs, written materials, or other intellectual property unless expressly transferred in writing.

Shutterpix Photography retains the copyright and ownership of all photographs and other creative works produced by Shutterpix Photography unless copyright ownership is specifically transferred through a separate written agreement.When digital images are included with a photography collection or purchased separately, the client is granted a personal, non-exclusive, non-transferable license to download, print, display, and share those images for personal use.Receiving or purchasing digital images does not transfer copyright ownership to the client. Images may not be sold, licensed, submitted for commercial publication, used for advertising or business purposes, or provided to another business for commercial use without written permission from Shutterpix Photography.Commercial and branding clients may receive separate usage rights based upon the photography services purchased and the intended use of the images. Any commercial license or usage rights will be defined by the applicable invoice, agreement, or written authorization from Shutterpix Photography.The client’s license to use delivered images is subject to the image integrity, alteration, copyright, and online-sharing requirements contained in these Terms & Conditions.

All photographs, videos, graphics, logos, branding, designs, website content, written materials, guides, brochures, marketing materials, educational content, and other original works created by or for Shutterpix Photography are protected by applicable copyright, trademark, and intellectual property laws.Shutterpix Photography retains all ownership rights to its original creative works unless those rights are expressly transferred through a separate written agreement.Photographs and other materials may contain copyright information, metadata, watermarks, website information, or other identifying information. Clients and third parties may not intentionally remove, conceal, alter, or misrepresent copyright or ownership information associated with Shutterpix Photography content.The purchase of photography services, digital images, prints, albums, or other products does not transfer copyright or ownership of the underlying photographs or creative works. Clients receive only the usage rights specifically provided with their purchased collection or in a separate written agreement.Shutterpix Photography’s name, logo, photographs, written materials, website content, guides, designs, and other intellectual property may not be copied, reproduced, sold, republished, used to train or create competing commercial materials, or represented as the work of another person or business without written permission.

Shutterpix Photography communicates with clients through email, telephone, text messaging, online forms, invoices, galleries, and other electronic methods used throughout the booking and photography process. Our invoices are intended to document and reiterate the photography services, collection, pricing, coverage time, payment terms, and other details discussed with the client. Clients are responsible for reviewing their invoice carefully and notifying Shutterpix Photography of any questions, errors, or requested changes before submitting payment. If there is a question regarding what photography services were reserved or agreed upon, the client’s invoice, together with any applicable written agreement, questionnaire, planning form, event form, or documented amendment, will be used to confirm the services purchased and the terms of the booking. Payment of a retainer, deposit, partial payment, or full payment toward an invoice constitutes the client’s acknowledgment and acceptance of the services, pricing, policies, and terms stated on that invoice and these Terms & Conditions, unless otherwise agreed to in writing. Important changes to photography services, including changes to coverage, date, time, location, collection, privacy requests, image-use restrictions, or other significant booking details should be documented in writing. Email, text message, invoice updates, forms, or another documented electronic communication directly between the client and Shutterpix Photography may be used to confirm these changes.Wedding, elopement, and other detailed event photography services may require an additional planning form, questionnaire, or written event form. These documents allow the client to provide Shutterpix Photography and the assigned photographer with more detailed information regarding the event, including timelines, locations, important people, requested photographs, family groupings, vendors, special circumstances, and other information necessary to prepare for the photography services. Clients are responsible for completing required wedding or event forms accurately and within the requested timeframe. Shutterpix Photography will rely upon the information provided by the client when planning and performing the photography services. Clients are responsible for providing accurate and current contact information and for reviewing communications, invoices, forms, and other information related to their photography services.

By contacting, booking, or purchasing services from Shutterpix Photography, clients consent to receive communications related to their inquiry, booking, photography services, invoices, payments, forms, galleries, products, and other aspects of their client experience electronically.Electronic communications may be provided by email, text message, online forms, invoices, private online galleries, or other electronic methods used by Shutterpix Photography. Clients acknowledge that electronic communications, invoices, forms, acknowledgments, and agreements may be used as part of the booking and photography process and may satisfy requirements that information or communications be provided in writing, where permitted by applicable law. Clients are responsible for providing accurate and current contact information and for notifying Shutterpix Photography if their email address, telephone number, or other contact information changes.

Shutterpix Photography reserves the right to update, revise, or modify these Terms & Conditions from time to time to reflect changes in our services, business practices, policies, technology, or applicable requirements.Updated Terms & Conditions will become effective when posted on the Shutterpix Photography website unless otherwise stated. Continued use of the website or Shutterpix Photography services after updated Terms & Conditions are posted constitutes acknowledgment of the revised terms where applicable.Changes to these general Terms & Conditions will not retroactively change the specific photography services, collection, pricing, coverage, or other booking details already agreed upon through a client’s invoice, written agreement, or applicable booking form unless Shutterpix Photography and the client mutually agree to the change in writing.Clients are encouraged to review the current Terms & Conditions when booking new photography services or making significant changes to an existing booking.

These Terms & Conditions, together with the client’s invoice, applicable forms, questionnaires, written agreements, and any documented changes or additional terms agreed upon between Shutterpix Photography and the client, constitute the agreement governing the photography services being provided.If there is a conflict between these general Terms & Conditions and a specific written term contained in a client’s invoice or separately executed agreement, the more specific written term applicable to that booking will control.These Terms & Conditions and photography services provided by Shutterpix Photography will be governed by the laws of the State of Oklahoma, without regard to conflict-of-law principles, except where another jurisdiction’s laws are required to apply.If any provision of these Terms & Conditions is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect to the extent permitted by law.A failure by Shutterpix Photography to enforce any provision of these Terms & Conditions on one occasion does not waive the right to enforce that provision or any other provision in the future.Headings are provided for organization and convenience and do not limit or change the meaning of the provisions contained within these Terms & Conditions.

Shutterpix Photography generally photographs sessions and events rain or shine whenever conditions can be handled safely and reasonably. Wind, clouds, light rain, heat, cold, changing beach conditions, or other normal weather conditions do not automatically constitute grounds for cancellation or rescheduling.When severe weather, unsafe conditions, illness, emergency, or another circumstance makes photography unsafe or impractical, Shutterpix Photography and the client may arrange to reschedule the session. When applicable, the client should make every reasonable effort to reschedule within 30 days of the original session date.One reschedule within 30 days may be permitted with reasonable notice and without an additional rescheduling fee when circumstances warrant. Additional reschedules, rescheduling beyond 30 days, or changes requiring a new reservation may be subject to a reset or rescheduling fee of $25 to $75 depending upon the circumstances and services involved.If the client does not make a reasonable attempt to reschedule or transfer the photography services within 30 days, the reservation may be canceled and payments previously made may be forfeited.Retainers and payments are non-refundable unless otherwise expressly agreed in writing. When permitted by Shutterpix Photography, payments may be transferred toward a future photography service of equal or greater value subject to availability and the applicable rescheduling policies.Clients are responsible for arriving and being ready at the scheduled photography time. Late arrival reduces the amount of photography time available and does not automatically extend the scheduled ending time. Significant late arrivals may result in additional charges of up to $75 or may require the session to be rescheduled when the remaining time is insufficient to reasonably provide the photography services.Shutterpix Photography carefully plans sessions and events using the information reasonably available before the scheduled photography date. This may include weather forecasts, lighting, sunset or sunrise times, tides, location access, travel conditions, venue information, and other factors that may affect photography.Outdoor and destination photography is subject to changing conditions beyond the control of Shutterpix Photography, including weather, wind, tides, beach or road access, construction, closures, crowds, venue restrictions, government regulations, natural conditions, and other unforeseen circumstances. Shutterpix Photography will make reasonable professional decisions regarding location, timing, equipment, and photography methods based upon the conditions present at the time of the session or event.Clients are responsible for obtaining or paying for any permits, admission fees, parking fees, location fees, or other access requirements associated with a location they request unless those costs are expressly included in the purchased photography collection or Shutterpix Photography has agreed in writing to arrange them.Shutterpix Photography is not responsible for circumstances beyond its reasonable control that prevent or materially affect photography services, but will make reasonable efforts to communicate with the client and determine an appropriate solution when such circumstances occur.

PUBLICATION, PORTFOLIO USE & PRIVACY