TERMS AND CONDITIONS FOR MEGAPIXIE portrait clients
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MEGAPIXIE PHOTOGRAPHY, LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services from Megapixie Photography, LLC. These Terms are subject to change by Megapixie Photography, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order, all orders are non-transferrable. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Megapixie Photography, LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling 919-886-5388.
Prices and Payment Terms.
All prices posted on this Site are subject to change at any time without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
Terms of payment are within our sole discretion. We accept credit or debit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
By providing us with credit card information on the Site, and selecting a recurring payment option, you hereby authorize us to charge the credit card on the recurring date as selected, and you authorize us to charge your card for any balance that becomes due on my account with us. This authorization is valid until you provide written notice revoking such authorization to Megapixie Photography, LLC.
Should you choose an installment payment plan, you authorize us to charge your credit card quarterly or monthly at the agreed upon rate. Payment is due for the amount regardless of the timing of services.
Refunds. Except as specifically designated within these Terms, all payments made to Megapixie Photography, LLC are non-refundable.
The Creative Process.
Inclement Weather. If inclement weather or other adverse conditions prevent the session from meeting the photographer's artistic standards, she may elect to use an alternate location or to reschedule. There will be no charge for rescheduling at our request due to inclement weather.
Image Selection. While we capture many images during your session, you will see only those images selected by us for previewing. We carefully render each image to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates, etc. will not be shown and are removed from the archives permanently after our cull is complete.
Completion Schedule. Images from a session are prepared for viewing within three weeks of the session date. Please allow up to four weeks for your print order to be completed. Some orders may take longer.
Image Archives. We do not permanently archive image files. Furthermore, we are not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. Please ensure that your digital images are downloaded, backed up, and maintained according to best practices.
Scheduling and Attendance.
Scheduling. All sessions for all services are first come first serve.
Account. Should you be behind on payments, for any reason whatsoever, upon the date of your scheduled session, we shall have the right to withhold any and all services (including but not limited to sessions, book creation, delivery of photographs) until such time that the account is brought current.
Re-Scheduling. Please provide at least a 48-hour cancellation notice; one reschedule is permitted for convenience. A fifty dollar ($50) rescheduling fee will be applied to appointments rescheduled less than 48 hours from the session date and time. The rescheduling fee will be charged at the time it is incurred and immediately due and payable. All cancellations and schedule changes made less than 48 hours must be made by phone and followed with an e-mail.
Photographer Illness. If we cannot perform the services due to illness or emergency, we will reschedule at a time mutually agreeable to us and to you.
Client illness. If you have a sick child or family member on the day of the session, please call to reschedule. Sick or uncomfortable children do not like to be photographed, which is reflected in the photographs themselves. There will be no charge for rescheduling for a sick child or family member.
Attendance. Please bring only the subjects to be photographed to the session. This is especially important with children, as the photographer will need their full attention. Of course, parents are always welcome.
Intellectual Property Use and Ownership. You acknowledge and agree that:
Megapixie Photography, LLC and Annemie Tonken are and will remain the sole and exclusive owners (“IP Owners”) of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights (“IP”).
Should the services you purchase on the Site include a full set of images, the IP Owners hereby provide you with a non-exclusive, worldwide, non-transferable, non-sublicenseable, fully paid-up, royalty-free, and perpetual license to use the IP for personal use only. Any commercial use is strictly prohibited.
Model Release. You hereby give us the irrevocable right to use your name, picture, portrait, or photograph, and that of any minor who you include in any sessions, in all forms and in all media and in all manner, without any restriction as to changes or alterations for advertising, trade, promotion, exhibition, or any other lawful purposes, and you waive any right to inspect or approve the photograph(s) or finished version(s) incorporating the photograph(s), including written copy that may be created and appear in connection therewith.
RELEASE AND LIMIT OF LIABILITY.
You hereby indemnify, release, and hold harmless Megapixie Photography, LLC, its owners, employees, agents and representatives, including but not limited to Annemie Tonken (“Indemnified Parties”) from any and all damages, costs, or fines, including attorneys’ fees and costs, incurred in connection with defending against a claim, suit, or proceeding based upon these Terms and any services or goods purchased on the site, including any injury or damage incurred by you or your family during any session, whether that be on site or at the studio.
Should any photographic materials be damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer, you hereby release, indemnify and hold harmless the Indemnified Parties from any and all liability.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, illness, accident, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Megapixie Photography, LLC
No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement. These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.