These Terms and Conditions ("Agreement") govern the photography services provided by Abby Staley ("Photographer," "I," "me," or "my") to the client ("Client," "you," or "your"). By booking a session and submitting payment, you agree to be bound by the following terms.

1. Booking and Payment

• Booking: A session is considered booked only after the Client has agreed to the terms of this Agreement and paid the non-refundable full session fee. Payment in full is required to confirm the booking.

• Payment: Payments are accepted via Venmo, Paypal, & CashAPP.

2. Cancellations and Rescheduling

• Cancellations by Client: If the Client needs to cancel the session with less than 14 day notice, 50% of the service fee is non-refundable. If the Client wishes to reschedule, they may do so up to 14 days before the scheduled session without losing their deposit, subject to availability.

• Cancellations by Photographer: If the Photographer needs to cancel or reschedule the session for any reason, the Client will receive a full refund or rescheduling at no additional cost.

3. Liability and Risk

• Assumption of Risk: The Client acknowledges that the photography session may involve certain risks inherent to the location, event, or activity, including, but not limited to, outdoor environments, lighting, and physical activities. The Client agrees to assume all risks associated with these activities.

• Limitation of Liability: In the event of damage, loss, or theft of equipment or any other unforeseen event, the Photographer's liability will be limited to the amount of the session fee paid. The Photographer will not be liable for any indirect, consequential, or special damages, including but not limited to lost time, profit, or emotional distress.

• Release of Liability: By booking the session, the Client agrees to release and hold harmless the Photographer, their employees, agents, and contractors from any liability, claims, damages, or injuries arising from the session, whether caused by negligence or otherwise.

4. Client Conduct

• Respectful Behavior: The Client agrees to behave in a professional and respectful manner during the session. The Photographer reserves the right to terminate the session if the Client engages in any abusive, disruptive, or inappropriate behavior.

• Legal Compliance: The Client is responsible for ensuring that the session complies with all applicable local, state, and federal laws, including obtaining necessary permits for specific locations or events.

5. Copyright and Usage

• Copyright Ownership: The Photographer retains full copyright to all images and media created during the session. The Client is granted a personal, non-exclusive license to use the images for personal purposes only, such as prints, albums, and social media, unless otherwise agreed upon.

• Commercial Use: Any commercial use of the images, including but not limited to marketing, advertising, or resale, requires prior written consent from the Photographer and may be subject to additional fees.

• Model Release: The Client grants the Photographer permission to use images from the session for marketing, portfolio, and promotional purposes unless a separate, written request for confidentiality is made at the time of booking.

6. Deliverables

• Timeline: Edited images will be delivered to the Client within 3 weeks after the session, depending on the scope of the shoot and current workload. The Photographer will make reasonable efforts to meet this timeline, but delays may occur due to unforeseen circumstances.

• Image Delivery: Images will be delivered in digital format via an online gallery or download link. Physical prints or albums are available upon request and subject to additional fees.

7. Health and Safety

• Health Requirements: If applicable, the Client is responsible for informing the Photographer of any health or physical concerns (e.g., allergies, medical conditions) that may affect the session, especially for outdoor, performance, or action shoots.

• COVID-19 or Health-Related Restrictions: Both parties agree to follow any local health regulations and guidelines, such as social distancing and mask mandates, if applicable at the time of the session. If the session cannot be safely conducted due to public health concerns, the session may be rescheduled.

8. Indemnification

The Client agrees to indemnify and hold harmless the Photographer, their employees, agents, and contractors from any and all claims, damages, losses, and liabilities, including legal fees, arising out of or in connection with the Client’s actions, conduct, or use of the photographs.

9. Dispute Resolution

• 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 principles.

• Dispute Resolution: Any disputes or claims arising out of or in connection with this Agreement shall be resolved through mediation or binding arbitration in Michigan, and both parties agree to share the costs of the dispute resolution process.

10. Miscellaneous

• Amendments: The Photographer reserves the right to amend or update these Terms and Conditions at any time. Clients will be notified of any significant changes.

• Severability: If any part of this Agreement is deemed invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect.

By booking and paying for a session with Abby Staley, you acknowledge that you have read, understood, and agree to these Terms and Conditions.