07 — Legal
Terms & Conditions
The booking terms, image rights, and policies that apply when you book a session.
Last updated · September 1, 2026
1. Agreement to Terms
These Terms & Conditions govern any photography session, inquiry, or booking made with John Smith Photography (“we,” “us,” or “our”). By submitting an inquiry, paying a retainer, or attending a session, you (“the client”) agree to these terms. A separate signed booking agreement, where used, will take precedence over any conflicting term below.
2. Bookings, Retainers & Payment
- A session date is considered tentative until a retainer (deposit) is received; the retainer reserves your date and is applied toward your total session fee.
- Retainers are non-refundable but may be transferred to a rescheduled date within a reasonable time at our discretion.
- The remaining balance is due on or before the session date unless otherwise agreed in writing.
- Pricing listed on this website is a starting point; your final quote depends on session length, location, and deliverables, and will be confirmed before booking.
3. Rescheduling & Cancellations
We understand that plans change. Please give as much notice as possible if you need to reschedule. For outdoor sessions affected by weather, we’ll work together to continue, relocate, or reschedule the session at no additional charge. Repeated last-minute cancellations may require a new retainer to rebook.
4. Session Conduct
Clients are responsible for obtaining any permission required to use a specific location. We reserve the right to end a session early, without refund, in situations involving unsafe conditions, disrespectful conduct, or circumstances beyond our control.
5. Copyright & Image Usage
- John Smith Photography retains full copyright ownership of all photographs taken during a session.
- Clients receive a personal-use license to download, print, and share their delivered images (including on social media, with credit appreciated).
- Images may not be sold, used for commercial purposes, entered into contests, or altered (including third-party filters or heavy editing) without written permission, unless a commercial license has been separately agreed for brand or business work.
6. Image Delivery & Galleries
Final, professionally edited images are delivered through a private online gallery, typically within 1–3 weeks of the session (event galleries may take longer). We do not provide RAW or unedited files. Galleries remain available for viewing and download for a limited time as communicated at booking; we recommend downloading and backing up your images promptly after delivery.
7. Portfolio & Marketing Use
Unless you request otherwise in writing before your session, we may use images from your session in our portfolio, on this website, and on social media or other marketing materials to showcase our work. If you’d prefer your images remain private, just let us know and we’ll honor that request.
8. Limitation of Liability
While we take every reasonable precaution, we are not liable for circumstances beyond our reasonable control that prevent a session from being completed or images from being delivered, including equipment failure, illness, accident, or events described in Section 9. In such cases, our liability is limited to a full refund of fees paid for the affected session.
9. Force Majeure
Neither party is responsible for delays or failures caused by events outside their reasonable control, including severe weather, natural disaster, illness, accident, or other emergencies. In these cases, we’ll work together in good faith to reschedule.
10. Governing Law
These terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.
11. Changes to These Terms
We may update these terms from time to time; the “Last updated” date above reflects the most recent version. Bookings already confirmed are governed by the terms in effect at the time of booking, unless we agree otherwise.
12. Contact Us
Questions about these terms can be sent to hello@johnsmith.com or (707) 847-9704