Terms of Service Policy

Karen Vaisman Photography

Welcome to Karen Vaisman Photography, LLC (hereinafter "we", "us", or "our"). These terms of service (the "Terms") govern your use of our websites https://www.karenvaismanphotography.com as well affiliated sites such as our billing portal https://kvphoto-booking.square.site/ and other associated sites (collectively referred to as the "Site") and our portrait and headshot photography services (the "Services"). By accessing or using our Site or Services, you agree, without limitation or qualification, to be bound by these Terms and our Privacy Policy at https://www.karenvaismanphotography.com/privacy-policy, which is incorporated into these Terms. If you do not agree to these Terms, do not use our Site or Services.

Scope of Services

Our Services include but are not limited to portrait and headshot photography sessions, online dating photography, family and pet photography, passport photography, photo restoration and digital retouching services, as well as the production and delivery of photographs and other materials related to these services. We reserve the right to modify or discontinue the Services at any time without notice.

Booking, Cancellation, and Rescheduling

To book a session with us, you must complete the booking form on our Site or book a session by telephone. Booking a session, means selecting an available date and time and making a payment for services. Certain services, such as business, actor, or dating headshots and portraits are fully prepaid. Other services, such as family or pet portraits, only the session fee is prepaid, with the remainder paid upon selection of images and/or deliverables. Photo Session Package and Service prepayment fees are non-refundable. If you decide to cancel rather than reschedule your service/package, you forfeit the entire prepayment amount. Your service/package appointment can be rescheduled one time without a fee, if made at least 48-hours in advance. A reschedule fee applies if given less than 48-hours notice, or for additional reschedule requests. Service schedules can be postponed up to one year from initial scheduled booking date, after which the session is void and the initial payment is forfeit.

Intellectual Property

All content on our Site and produced as part of the Services, including but not limited to text, videos, graphics, logos, images, artwork, code, documents, and software, is our property or the property of our licensors and is protected by United States and international copyright laws. You may not use any content on our Site or produced as part of the Services for any commercial purpose without our express written consent.

User Content

At our discretion, we may allow you to post or upload content to our Site or as part of the Services, including but not limited to photographs and comments (collectively, "User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it. By posting or publishing User Content, you represent and warrant that: (a) you have the right to post or publish the User Content and grant us the rights set forth in these Terms; (b) the User Content is accurate and not misleading; and (c) the User Content does not violate these Terms or any applicable laws. We reserve the right to remove any User Content from our Site or Services at any time without notice.

Disclaimer of Warranties

Our Site and Services are provided "as is" and "as available." We make no representations or warranties of any kind, express or implied, as to the operation of our Site or Services, or the information, content, materials, or products included on our Site or produced as part of the Services. We do not warrant that our Site or Services will be uninterrupted or error-free.

Limitation of Liability

We will not be liable for any damages of any kind arising from the use of our Site or Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Indemnification

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site or Services, your violation of these Terms, or your violation of any rights of another.

Governing Law

These Terms and your use of our Site and Services will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws and all disputes arising under or relating to this Agreement shall be brought and resolved solely and exclusively in the State Court located in California.