Terms of Service
When you purchase a session, you are agreeing to the following terms:
Entire Agreement This agreement contains the entire understanding between Smithbuilt Photography and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and signed by all parties involved.
Payment & Prices All package costs are as stated at the time of booking & will remain once booking is confirmed. The full contract amount is due at the time of booking unless otherwise stated. Upon your purchase, Smithbuilt Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the payment is non-refundable unless 48 hours advance warning is given.
Reschedule Due to the time specific nature of this service, clients may not reschedule unless mutually agreed upon.
Weather If the weather is torrential or such that would make the session difficult to shoot or not possible, the session will be rescheduled for another day.
Requested Coverage Smithbuilt Photography will honor requested photographs but does not guarantee any specific photographs.
Artistic Style Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. Photographer reserves the right to artistically interpret how to photograph a scene. This may mean that some shots are color and some may be black and white or some variation thereof.
Cooperation & Physical Liability All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.
Copyright & Reproductions The Photographer owns the copyright to all images created during the Session and shall have the exclusive right to make reproductions. The Photographer maintains the right to make reproductions for the Client or for the Photographer’s portfolio, website, self-promotions, entry in photographic contests or art exhibitions, editorial use, and any other purpose thought proper by Smithbuilt Photography.
Disclaimer and Limit of Liability Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Smithbuilt Photography on www.smithbuiltphotography.com or via the Smithbuilt ShootProof Gallery are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 14 day return policy. Smithbuilt Photography makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. In the unlikely event that the Photographer cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Inherent Qualities Client is aware that color dyes in photographs and photography products may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Privacy Policy
This Privacy Policy and Terms of Sale governs the manner in which Smithbuilt Photography collects, uses, maintains and discloses information collected from users (each, a "User") of the smithbuiltphoto.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Smithbuilt Photography.
Personal Identification Information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, purchase materials, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-Personal Identification Information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web Browser Cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How We Use Collected Information
Smithbuilt Photography may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
Sharing Your Personal Information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Changes to this privacy policy
Smithbuilt Photography has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.