Michael Carr Photography, Inc. Terms and Conditions
Parties and Brand Names
This Agreement is between Michael Carr Photography, Inc. (“Photographer”) and the individual, business, company, organization, or other entity purchasing or requesting photography services (“Client”).
Michael Carr Photography, Inc. provides photography and related services through several websites and brand names, which may include Michael Carr Photography, Belly to Baby Studios, Photograph My Product, MichaelCarr.Photography, Houston Headshot Photographers, and other websites or service brands owned or operated by Michael Carr Photography, Inc.
Regardless of the website, brand name, or service through which Client contacts or engages Photographer, all photography services are provided by and all agreements are entered into with Michael Carr Photography, Inc.
The use of any brand name, website name, or service name does not create a separate legal entity or alter the identity of Michael Carr Photography, Inc. as the contracting party.
If an individual enters, approves, or accepts this Agreement on behalf of a business, company, organization, or other entity, that individual represents that he or she has authority to act on behalf of and bind that entity to this Agreement.
Photographer may use employees, assistants, photographers, retouchers, contractors, or other service providers in performing the services described in this Agreement.
The Photographer is an independent contractor. Nothing in this Agreement creates an employer and employee relationship, partnership, joint venture, agency, or similar relationship between Photographer and Client.
Client agrees to these Terms and Conditions by signing or electronically accepting an agreement, approving an estimate or proposal, paying a retainer, deposit, invoice, or other charge, requesting or authorizing Photographer to begin services, or otherwise engaging Photographer to perform services. Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions.
1. Scope of Services
Michael Carr Photography provides commercial and portrait photography services, including but not limited to product photography, branding, headshots, corporate photography, family, newborn, and children’s sessions. Photography services may be provided in studio or at an agreed upon location, as stated in the applicable written agreement, proposal, estimate, or booking confirmation. Services are limited to those expressly described in the applicable agreement, proposal, or booking confirmation. Any limits on time, products, subjects, setups, or final images shall govern the scope of work.
A non-refundable session fee is required to reserve your photography session date and time. The session fee retainer secures the date and time on our studio calendar and includes pre-session planning, team, and studio prep. Because we reserve this time exclusively for you and decline other clients for the same date and time, the session fee retainer is non-refundable.
Rescheduled sessions will incur a rescheduling fee.
The session fee retainer covers the time and talent of Michael Carr Photography and does not include images unless explicitly stated.
Image purchases, products, and collections are sold separately during the Ordering Appointment. Client shall finalize image selections within 15 calendar days of the ordering appointment. One extension of up to 7 additional calendar days may be granted at the Photographer’s discretion. If the client does not submit final selections within that timeframe, the Photographer reserves the right to complete the order and make final image selections on the client’s behalf. Studio-selected images and products shall be deemed accepted and delivered in full satisfaction of the order. All sales are final. No refunds, exchanges, reshoots, cancellations, disputes, or chargebacks will be permitted due to delayed selections, nonresponse, indecision, or dissatisfaction with studio-selected images.
2. Model Release
Client grants Photographer an irrevocable, perpetual, worldwide, royalty-free license to use all images created for portfolio, marketing, advertising, and promotional purposes.
Client waives any right to inspect or approve the final images or their use and waives any claims to compensation.
Requests for non-disclosure or restricted usage must be submitted in writing no less than five (5) days prior to the session and are subject to the Photographer’s approval and an additional fee. The Photographer is under no obligation to agree to such restrictions.
3. Shot Lists and Creative Direction
Any shot lists, inspiration boards, or creative input provided by Client are for reference only and do not modify or expand the scope of services unless expressly incorporated into a written agreement signed by both parties. The Photographer retains full creative control over lighting, composition, posing, styling, and final image selection.
No oral statement, conversation, meeting discussion, telephone call, site visit, consultation, or course of dealing shall expand or modify the scope of services. Any expansion or modification of scope must be expressly stated in writing and accepted by Photographer.
4. Additional Services and Changes
Any services beyond the agreed scope require prior approval and may result in additional fees. This includes additional products, revised or replacement products, reshoots, additional subjects, extended time, additional locations, or changes in creative direction. Any revised or replacement products, or session changes, made after photography has begun may be treated as new work and billed accordingly.
Any retouching or editing revisions must be requested in writing within 2 business days of receipt of the final images. This policy ensures the timely delivery and finalization of the services and allows us to maintain an efficient editing workflow for all clients.
Requests for retouching beyond standard enhancements will incur additional non-refundable fees.
5. Client Responsibilities
Client is responsible for providing accurate information, instructions, and materials, and for ensuring all products, subjects, and participants are prepared and available at the scheduled time. Client is responsible for supervising minors and obtaining all necessary permissions for locations, props, and participants. The Photographer is not responsible for issues resulting from incomplete preparation, delays, or inaccurate information.
6. Acceptance of Work
Delivery of images, products, or other agreed deliverables constitutes completion of the applicable services. Client agrees to inspect all deliverables promptly.
Selection, download, use, publication, distribution, or sharing of images constitutes acceptance of the applicable deliverables.
Client must notify Photographer in writing of any claimed error, defect, omission, or discrepancy within two business days after receipt. Failure to provide timely notice shall constitute acceptance of the delivered work for purposes of completion, revisions, corrections, and requests for additional services, subject to any rights that cannot lawfully be waived or limited.
Any requested correction or revision remains subject to the applicable scope of services and Photographer’s policies regarding additional work.
7. Orders, Cancellations, and Refund Policy
Due to the custom nature of photography, all sales are final.
All tangible products and digital products are non-refundable and non-returnable. This includes but is not limited to prints, albums, digital images, and any other delivered assets.
If an Agreement is terminated, Client remains responsible for payment for all work performed and for all noncancelable costs and expenses incurred by Photographer, including products ordered, production costs, and services in progress. Any refund of prepaid amounts shall be governed exclusively by Section 17, Termination and Right to Refuse Services.
8. Payment and Delivery
The Photographer may require a non-refundable or full payment in advance. The Photographer reserves the right to withhold delivery of images and products until full payment has been received.
9. No Guarantee of Results
The Photographer does not guarantee specific creative results, poses, expressions, or outcomes. All services are provided in a professional manner consistent with the Photographer’s style.
10. Limitation of Liability and No Guarantee
TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOGRAPHER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, ANY PHOTOGRAPHY SESSION, OR ANY GOODS OR DELIVERABLES PROVIDED BY PHOTOGRAPHER SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO PHOTOGRAPHER FOR THE GOODS AND SERVICES GIVING RISE TO THE CLAIM.
This limitation applies regardless of the form or theory of the claim, including contract, tort, negligence, misrepresentation, restitution, or otherwise, to the fullest extent permitted by applicable law.
In no event shall Photographer be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, loss of use, business interruption, reputational harm, emotional distress, or similar damages, even if Photographer has been advised of the possibility of such damages.
The Photographer shall perform services in a professional manner consistent with industry standards; however, no specific results or outcomes are guaranteed. The Client acknowledges that photography is a subjective service and that artistic style, composition, and interpretation may vary. Dissatisfaction with artistic or aesthetic results shall not constitute a breach of this Agreement.
The Photographer cannot be held liable for the Client’s makeup, hair, or clothing for the session. The Photographer cannot be held liable if the Client is not satisfied with the way the portrait location looks in person or in the final images.
In the event of technical failure, data loss, equipment malfunction, or any circumstance beyond the Photographer’s control, the Photographer’s sole liability shall be limited, at the Photographer’s discretion, to either rescheduling the session or refunding all payments received.
11. Indemnification, Attorneys’ Fees, and Costs
Client agrees to indemnify, defend, and hold harmless Michael Carr Photography, Inc. from and against claims, demands, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to Client’s breach of this Agreement, materials or products supplied by Client, or Client’s use of the images.
If Client initiates any claim, arbitration, lawsuit, demand, or other proceeding against Photographer arising out of or relating to this Agreement, Photographer’s services, or the parties’ business relationship, and Photographer is the prevailing party, Client shall reimburse Photographer for its reasonable attorneys’ fees, arbitration fees, court costs, expert fees, and other reasonable costs and expenses incurred in defending the matter.
Photographer shall also be entitled to recover reasonable attorneys’ fees, collection costs, and expenses incurred in collecting unpaid amounts or otherwise enforcing Client’s obligations under this Agreement.
To the fullest extent permitted by applicable law, Client waives any right to recover attorneys’ fees from Photographer under Chapter 38 of the Texas Civil Practice and Remedies Code or any successor statute based solely upon a claim arising from this Agreement, except to the extent such waiver is prohibited by applicable law.
This Section shall survive completion or termination of this Agreement.
12. Dispute Resolution and Binding Arbitration
Before initiating arbitration or any judicial proceeding permitted under this Agreement, the complaining party shall provide the other party with written notice describing the nature of the dispute and the relief requested.
The parties shall first attempt in good faith to resolve the dispute informally. If the dispute is not resolved within thirty calendar days after receipt of the written dispute notice, the complaining party shall initiate mediation.
The complaining party shall initiate mediation no later than sixty calendar days after receipt of the written dispute notice, unless the parties agree otherwise in writing. Mediation shall take place in Harris County, Texas, and the parties shall make reasonable efforts to schedule and complete the mediation promptly.
If the dispute is not resolved through mediation, the dispute shall be resolved exclusively by confidential, binding arbitration before a single neutral arbitrator in Harris County, Texas.
The parties intend arbitration to provide a prompt and cost-effective alternative to litigation. Accordingly, discovery shall be limited to information reasonably necessary to resolve the dispute.
The parties shall attempt in good faith to agree upon a neutral arbitrator. If the parties cannot agree within fifteen days after a written demand for arbitration, the arbitrator shall be selected in accordance with the applicable rules of the American Arbitration Association.
Unless the arbitrator determines that additional discovery is reasonably necessary for good cause shown:
No depositions shall be permitted.
Each party may serve no more than ten written interrogatories, including subparts.
Each party may serve no more than ten requests for production.
Requests for admission, third-party discovery, and expert discovery are permitted only with the parties’ agreement or the arbitrator’s authorization.
Discovery shall be proportionate to the amount and issues in controversy.
The parties shall request that the arbitration hearing occur within ninety days after appointment of the arbitrator, subject to the arbitrator’s availability and any extension the arbitrator determines is reasonably necessary to ensure a fair proceeding.
The arbitrator shall have authority to award any remedy permitted by this Agreement and applicable law, subject to the limitations of liability contained in this Agreement to the fullest extent those limitations are legally enforceable.
The arbitration shall be conducted on an individual basis. Neither party may pursue claims on behalf of a class, collective, consolidated group, or representative capacity to the fullest extent permitted by law.
Either party may bring an individual claim in a Justice of the Peace court located in Harris County, Texas, if the claim falls within that court’s jurisdiction and remains there on an individual basis.
Harris County, Texas shall be the exclusive location and venue for arbitration and any permitted judicial proceeding. Texas law shall govern this Agreement.
13. Governing Law
These Terms and any related agreements shall be governed by the laws of the State of Texas.
14. Force Majeure
The Photographer shall not be liable for any delay or failure to perform due to causes beyond reasonable control, including but not limited to illness, weather, equipment failure, acts of God, or other unforeseen events.
15. Electronic Communications
Client agrees that communications and approvals via email, text message, or other electronic means, including acknowledgments or reactions, are valid and binding for purposes of project coordination and approvals.
16. Limitation on Claims
To the fullest extent permitted by applicable law, any lawsuit, arbitration proceeding, or other legal claim arising out of or relating to this Agreement, Photographer’s services, or any goods, images, products, or deliverables provided by Photographer must be commenced no later than two years after the date the claim accrued.
Any claim not commenced within that two-year period shall be permanently barred to the fullest extent permitted by law.
Nothing in this Section shall extend any shorter limitation period imposed by applicable law that cannot be modified by agreement.
This Section shall survive completion or termination of the Agreement.
17. Termination and Right to Refuse Services
Photographer reserves the right to decline, refuse, suspend, or discontinue services, or terminate any engagement or Agreement, at any time and for any lawful reason.
Photographer may terminate services including, without limitation, because of nonpayment, failure to cooperate, abusive or inappropriate conduct, unsafe working conditions, unreasonable demands, material changes in project scope, failure to provide requested information or materials, interference with Photographer’s performance, breakdown of the professional relationship, or Photographer’s determination that continued performance is not appropriate or practicable.
Upon termination, Client shall remain responsible for all services performed, time incurred, products ordered, expenses incurred, commitments made, and other amounts earned through the effective date of termination.
Retainers and other amounts designated as nonrefundable remain nonrefundable.
Payments attributable to work already performed, services already provided, products already ordered or produced, or costs already incurred shall not be refunded.
Photographer may, in Photographer’s discretion, refund any identifiable prepaid amount attributable solely to services that have not been performed and costs that have not been incurred.
Termination shall not create liability for lost profits, substitute services, consequential damages, incidental damages, or other losses resulting from termination to the fullest extent permitted by law.
No images, products, files, usage rights, licenses, or other deliverables shall be provided unless all amounts then due to Photographer have been paid in full.
Any provisions that by their nature should survive termination, including payment obligations, copyright, usage restrictions, limitation of liability, indemnification, dispute resolution, and attorneys’ fees provisions, shall survive termination.
18. Entire Agreement
These Terms and Conditions, together with any applicable written agreement, proposal, estimate, invoice, booking confirmation, or other written scope accepted by the parties, constitute the entire agreement between Photographer and Client concerning the applicable services and supersede prior oral discussions, representations, negotiations, or understandings.
Any modification, addition, or expansion of the scope of services must be in writing and accepted by Photographer. Written acceptance may include a signed agreement, electronic signature, email approval, written electronic communication, or other written confirmation by Photographer.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
20. Copyright
All photographs, images, digital files, proofs, designs, and other photographic works created by Photographer are protected by United States copyright law. Photographer retains all copyrights and other intellectual property rights in such works unless Photographer expressly transfers those rights in a written agreement signed by Photographer.
Any license or usage rights granted to Client are limited to the rights expressly stated in the applicable written agreement and become effective only after Photographer has received full payment of all amounts due.
Michael Carr Photography, Inc. reserves the right to modify these Terms and Conditions from time to time. Any modification shall apply prospectively to services, transactions, or agreements entered into after the revised Terms and Conditions become effective. Modifications shall not alter the terms governing an existing engagement unless agreed to in writing by Photographer and Client.
If you have any questions about these Terms and Conditions, please contact us at 713-461-2862.
