Terms & Conditions
Last updated: August 16, 2025
NOTICE: LIABILITY IS LIMITED TO FOUR HUNDRED U.S. DOLLARS (US $400). DEFAULT SHIPMENT INSURANCE FOR PRODUCTPHOTO.COM SHIPMENTS IS ONE HUNDRED U.S. DOLLARS (US $100) UNLESS CUSTOMER REQUESTS ADDITIONAL COVERAGE (UP TO US $900).
1. Parties and Application
These Terms & Conditions (the “Terms”) govern every order for services provided by ProductPhoto.com LLC, also known as “ProductPhoto” and “ProductPhoto.com” (the “Company,” “we,” “us,” or “our”) to any customer (the “Client”). These Terms apply to any booking or order channel, including website forms, email, phone, text, messaging apps, purchase orders, and third-party platforms. By placing an order or sending us products to photograph, the Client accepts these Terms.
2. Definitions
Deliverables means any photographs, images, PSDs, JPGs, video clips, graphics, proofs, or other creative outputs we provide.
Order means the scope, pricing, and instructions we confirm in writing, including quotes, invoices, statements of work, or email confirmations.
Products means the physical items the Client provides for photography.
3. Ordering and Changes
3.1 Acceptance. An Order is accepted when we confirm it in writing.
3.2 Client Instructions. Client is responsible for providing accurate specs, shot lists, brand guidelines, and deadlines in writing before we start.
3.3 Changes. Changes requested after work begins may affect price and timelines. Additional work will be billed at our then-current rates.
4. Pricing, Payment, and Taxes
4.1 Retainer/deposit and Due Dates. We may require a non-refundable retainer/deposit to schedule. Unless stated otherwise, remaining fees are due upon invoice and in all cases before release of final Deliverables.
4.2 Late Payments. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum allowed by Texas law, plus reasonable collection costs and attorneys’ fees. Chargebacks are prohibited and treated as unpaid balances.
4.3 Taxes. Client is responsible for all applicable sales, use, or similar taxes, except taxes based on our net income.
4.4 Non-Payment Enforcement. Use of Deliverables without full payment is unauthorized. We reserve the right to pursue legal remedies, including DMCA takedown notices, for unauthorized use.
5. Shipping, Handling, and Risk of Loss
5.1 Inbound and Outbound. Client pays for shipping to our studio. We can provide return shipping and bill Client for the cost if Client selects this option at the time of ordering.
5.2 Risk of Loss. Risk of loss or damage to Products remains with Client during transit and while at our studio, except to the extent caused by our gross negligence or willful misconduct.
5.3 Carrier Claims and Insurance. If a package is damaged or lost in transit, we will assist in filing a claim with the carrier. By default, shipments are insured for one hundred U.S. dollars (US $100). If the Client wants a higher insured amount, up to a maximum of nine hundred U.S. dollars (US $900) per shipment, the Client must inform us in writing before shipment and pay the additional insurance cost. Payment of any claim is solely at the discretion of the carrier, and we are not responsible if the carrier denies or limits payment.
5.4 Fragile or High-Value Items. Client must disclose any special handling needs in writing and insure shipments accordingly. If the value of Products exceeds the insured amount, it is the Client’s responsibility to request and pay for additional insurance before shipment.
5.5 Storage and Abandonment. We will store Products for up to 30 days after project completion. If Client does not provide return instructions within that time, Products will be considered abandoned and may be disposed of or donated without liability.
6. Turnaround, Rush, and Cancellations
6.1 Timing. Any timeline we provide is an estimate. Delays can occur from shipping, complex retouching, or change requests.
6.2 Rush. Rush services are subject to availability and rush fees. Refunds are provided only if we fail to meet a confirmed rush deadline.
6.3 Cancellation. Orders may be canceled within 24 hours of payment. After that, cancellation requires payment for work performed and committed costs. Retainers are non-refundable.
7. Approvals, Revisions, and Reshoots
7.1 Proofs. We may provide proofs for review. Proofs are not for public use.
7.2 Review Window. Client must review Deliverables and request corrections within 10 days of delivery. After 10 days, Deliverables are deemed accepted.
7.3 Revisions. Minor edits requested within the review window are included as specified in the Order. Additional edits are billed at our standard rates.
7.4 Reshoots. Reshoots due to our material error are at no charge. Reshoots due to Client preference changes, inaccurate specs, or defects in Products are billable.
8. Color, Materials, and Creative Judgment
8.1 Color and Display. Colors may vary across monitors, devices, and prints. We do not guarantee color matching to any device or print unless expressly stated in the Order.
8.2 Creative Discretion. Composition, styling, lighting, and post-processing are subject to our professional judgment unless otherwise specified in writing.
9. Use of Artificial Intelligence (AI)
9.1 AI Tools. We may use artificial intelligence (“AI”) tools or processes in creating or editing Deliverables, including retouching, background generation, color matching, or graphic design.
9.2 Client Responsibility. Client is solely responsible for reviewing all Deliverables before using them in any public, commercial, or regulatory setting to confirm accuracy, completeness, and compliance with applicable laws and platform rules.
9.3 No Guarantee of Accuracy. Because AI tools may introduce artifacts or variations, we do not warrant that AI-generated or AI-edited Deliverables will be free of errors or perfectly represent Client’s Products.
9.4 Indemnification. Client agrees to defend, indemnify, and hold the Company harmless from any claims, liabilities, or damages arising from Client’s use of AI-assisted Deliverables without adequate review or verification.
10. Intellectual Property and License
10.1 Ownership. Unless a separate written assignment signed by both parties states otherwise, we retain all copyrights and moral rights in the Deliverables.
10.2 License Grant. Upon full payment, we grant Client a non-exclusive, worldwide, perpetual license to use the Deliverables to advertise, market, and sell Client’s own products and services in digital and print media. The license excludes use in stock licensing, NFT minting, or sale of the Deliverables themselves.
10.3 Optional Copyright Transfer. Client may request a full transfer of copyright ownership for an additional fee. Upon payment of this fee and written confirmation, copyright ownership will be assigned to Client, giving Client exclusive rights to the Deliverables.
10.4 No Use Before Payment. Any use of Deliverables before full payment is unauthorized. We may revoke the license for non-payment.
10.5 Credit and Modifications. Client may crop, overlay text, and make ordinary e-commerce edits. Attribution is appreciated but not required unless otherwise stated.
10.6 Third-Party Rights. Client represents and warrants that it owns or has licenses to all trademarks, artwork, packaging, and other materials it supplies and that our use will not infringe any rights.
11. Model and Property Releases
Client is solely responsible for obtaining any required consents, model releases, or property releases for the Products and any Client-supplied materials. Client will provide copies upon request.
12. Portfolio Use and Confidentiality
12.1 Portfolio. We may display Deliverables in our portfolio, website, and social channels, and in award submissions, unless Client opts out in writing before we begin.
12.2 Confidential Information. Non-public information clearly marked or identified as confidential will be kept confidential and used only to perform the Order, except as required by law or court order.
13. Warranties and Disclaimers
13.1 By Client. Client represents and warrants that:
(a) it has full authority to enter into the Order and these Terms,
(b) all instructions and materials it supplies are accurate and lawful, and
(c) it will comply with all applicable laws and platform rules.
13.2 By Company. We will perform services in a professional manner consistent with industry standards.
13.3 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE ORDER, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Indemnification
Client will defend, indemnify, and hold harmless the Company and its officers, directors, employees, and contractors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of:
(a) Client’s use of the Deliverables,
(b) Client’s materials, instructions, or Products, or
(c) Client’s breach of these Terms.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. IN ALL CASES, OUR MAXIMUM LIABILITY RELATING TO ANY ORDER, PRODUCT, SERVICE, OR DELIVERABLE WILL NOT EXCEED FOUR HUNDRED U.S. DOLLARS (US $400), REGARDLESS OF THE LEGAL THEORY.
16. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including accidents, illness, labor issues, supply chain failures, acts of God, or interruptions of carriers or utilities.
17. Termination
Either party may terminate for material breach not cured within 15 days after written notice. Upon termination, Client will pay for work performed and committed costs through the effective date. Sections that by their nature should survive will survive, including Sections 4, 5, 7 through 15, and 18 through 21.
18. Governing Law and Venue
These Terms and any dispute or claim arising from them are governed by the laws of the State of Texas without regard to its conflict of laws rules. The exclusive venue and jurisdiction for any action is the state or federal courts located in Cameron County, Texas, and the parties consent to personal jurisdiction there.
19. Attorneys’ Fees
The prevailing party in any action to enforce these Terms is entitled to recover reasonable attorneys’ fees and costs.
20. Electronic Communications and Signatures
Client agrees that emails, electronic approvals, and online checkouts constitute writings and signatures under applicable electronic transactions laws.
21. Entire Agreement and Order of Precedence
These Terms together with the Order are the complete agreement for the services. If there is a conflict, the Order controls only on pricing, quantities, or timelines; otherwise, these Terms control. Any Client purchase order terms are rejected and have no effect unless we expressly agree in a signed writing.
22. Assignment
Client may not assign the Order or these Terms without our prior written consent. We may subcontract portions of the work but remain responsible for the services.
23. Severability and Waiver
If any provision is found unenforceable, the remainder stays in effect. A failure to enforce a provision is not a waiver of future enforcement.