CREATIVE SHOT RGV
TERMS & CONDITIONS OF SERVICE
Effective Date: Janury 2024
By booking a session, paying a retainer, making any payment, signing an invoice, or otherwise receiving services from Creative Shot RGV ("Photographer"), the Client acknowledges that they have read, understood, and agree to be legally bound by these Terms & Conditions.
1. DEFINITIONS
"Photographer" refers to Creative Shot RGV and its owner, employees, assistants, contractors, and representatives.
"Client" refers to the individual booking or paying for photography services, including anyone acting on their behalf.
"Images" refers to all photographs, digital files, edited images, RAW files, prints, albums, videos, and other media created by the Photographer.
2. BOOKING
A session is not considered reserved until the required payment or retainer has been received.
Creative Shot RGV reserves the right to decline any booking at its sole discretion.
3. PAYMENTS
All prices are listed in U.S. Dollars.
Any remaining balance must be paid before photographs are delivered unless otherwise agreed in writing.
Failure to complete payment may delay or prevent image delivery.
Returned checks, reversed payments, or declined transactions are subject to additional fees.
4. RETAINERS
Retainers are non-refundable unless otherwise stated in writing.
Retainers compensate the Photographer for reserving the date and declining other bookings.
5. RESCHEDULING
Clients may request one reschedule with reasonable notice.
Approval is subject to Photographer availability.
Additional reschedules may require additional fees.
6. CANCELLATIONS
If the Client cancels after services have been reserved, payments already earned for time reserved, planning, preparation, or services performed are non-refundable unless otherwise required by law.
7. LATE ARRIVALS
Late arrivals reduce shooting time.
Sessions will end at the scheduled ending time regardless of arrival time unless otherwise agreed.
Clients arriving more than 30 minutes late may be considered a no-show.
8. NO SHOWS
Failure to appear without notice forfeits all payments made.
9. CLIENT RESPONSIBILITIES
The Client is responsible for:
• arriving prepared
• providing accurate information
• supervising children
• controlling pets
• obtaining permission to photograph at private locations
10. CHILD SAFETY
Parents or legal guardians remain solely responsible for supervising minors at all times.
Creative Shot RGV will never place a child into an unsafe pose.
Any pose deemed unsafe may be refused.
11. CREATIVE CONTROL
The Client hires Creative Shot RGV because of the Photographer's artistic style.
Editing decisions, composition, lighting, posing, cropping, color grading, and image selection remain solely within the Photographer's artistic discretion.
RAW images are never delivered.
12. IMAGE DELIVERY
Delivery times are estimates.
Unexpected circumstances may reasonably delay delivery.
No guarantees are made regarding exact delivery dates.
13. IMAGE STORAGE
Clients should download and back up their photographs immediately.
Creative Shot RGV is not responsible for lost files after gallery expiration.
14. COPYRIGHT
All images remain the exclusive copyrighted property of Creative Shot RGV under United States Copyright Law.
Purchasing photographs does not transfer copyright ownership.
15. PRINT RELEASE
Clients receive a non-exclusive personal-use license.
Images may not be sold, altered commercially, entered into contests, or used for advertising without written permission.
16. SOCIAL MEDIA
Clients may share delivered images provided that:
• the Photographer is credited when practical
• images are not heavily edited
• watermarks are not removed
17. MODEL RELEASE
Unless otherwise requested in writing before the session, the Client grants Creative Shot RGV permission to use photographs for portfolio, website, advertising, social media, competitions, educational purposes, and promotional materials.
Clients may opt out before the session by written request.
18. REFUNDS
Photography is a creative service.
Dissatisfaction based solely upon artistic style, facial expressions, poses, weather, clothing choices, cooperation of children, or personal preferences does not automatically entitle the Client to a refund.
Refunds are issued solely at the Photographer's discretion unless otherwise required by law.
19. CHARGEBACKS
The Client agrees not to initiate a payment dispute or chargeback for services that have already been substantially performed.
If a chargeback is initiated, Creative Shot RGV may submit this Agreement, invoices, communications, photographs, delivery records, and related evidence to the payment processor.
Creative Shot RGV reserves all rights to pursue collection of unpaid amounts and any remedies available under applicable law.
20. PROFESSIONAL CONDUCT
Creative Shot RGV is committed to maintaining a respectful, safe, and professional environment.
Harassment, abusive language, threats, intimidation, discrimination, stalking, coercion, repeated hostile communications, or conduct creating an unsafe or hostile working relationship will not be tolerated.
The Photographer reserves the right to immediately suspend or terminate services if such conduct occurs.
21. RIGHT TO TERMINATE SERVICES
Creative Shot RGV may terminate services immediately if the Client:
• violates these Terms
• refuses to follow safety instructions
• engages in harassment or abusive conduct
• attempts to obtain services through threats or coercion
• creates an unsafe environment
• interferes with completion of services
Termination does not automatically entitle the Client to a refund for services already performed.
22. FALSE STATEMENTS
Nothing in this Agreement prohibits Clients from expressing honest opinions or truthful reviews.
However, Clients agree not to knowingly publish false statements of fact regarding Creative Shot RGV, its owner, employees, or services.
Creative Shot RGV reserves all legal rights and remedies available under applicable law for knowingly false factual statements that cause measurable financial or reputational harm.
23. DISPUTE RESOLUTION
The Client agrees to notify Creative Shot RGV in writing of any dispute and provide at least ten (10) business days to attempt resolution before filing legal action or initiating a payment dispute, except where prohibited by law.
24. ATTORNEY'S FEES
To the extent permitted by applicable law, the prevailing party in any legal action arising from this Agreement shall be entitled to recover reasonable attorney's fees, court costs, and litigation expenses.
25. LIMITATION OF LIABILITY
Creative Shot RGV shall not be liable for indirect, incidental, special, consequential, or punitive damages.
Liability for any claim shall not exceed the total amount actually paid by the Client for the specific photography services giving rise to the claim, except where prohibited by law.
26. FORCE MAJEURE
Creative Shot RGV shall not be liable for delays or failure to perform due to events beyond reasonable control, including severe weather, illness, natural disasters, government actions, equipment failure despite reasonable precautions, transportation interruptions, or other unforeseen events.
27. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas.
Any legal proceeding arising from these Terms shall be brought in the appropriate state or federal court located in Hidalgo County, Texas, unless another venue is required by law.
28. SEVERABILITY
If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.
29. ENTIRE AGREEMENT
These Terms & Conditions constitute the entire agreement between the Client and Creative Shot RGV and supersede all prior discussions, understandings, or representations regarding the services.