MARK LILLIS PORTRAIT

General Terms & Conditions

Unless otherwise provided in a separate agreement, the following specific terms and conditions shall apply and, at Mark Lillis Portrait, LLC's (MLPLLC) sole discretion, may apply to any and all agreements when such agreements are silent with respect to any items included in herein. Unless otherwise agreed to in writing, pricing on this site prevail. Your participation in a photography session with Mark Lillis Portrait LLC indicates your agreement with payment for services, copyright, image fees, and travel fees.

1. Scope of Work

The Photographer agrees to provide portrait, commercial, and/or related photography and/or videography services as described in Proformas, emails, and via other such transmission methods including chats, messages, and verbal direction.

In no case may a service be canceled once the service is performed. Cancelation or rescheduling terms are included herein, as well.

2. Payment Terms

Deposit: A non-refundable deposit of 50% is required to reserve the session date. Payment of fees further confirms agreement to terms herein. Travel fees must be paid in advance.
Final Payment: The balance is due upon delivery. Client may not use, publish, display, gift, transfer or sell any delivered images without final and full payment.
Payment: by Venmo, Credit, Debit
Late Payments: Late payments are subject to a 2% per month (or any part of) as a late fee, after 14-days.
Free sessions: MLP LLC does not provide any services or image(s) as a free item/service, but MLPLLC reserves the right to provide promotional discounts, or zero-fee items, as an inducement for possible purchase of future services, packages, products, or add-on services/products.
TF or TFP: Any common TF or TFP session terms are strictly limited by MLPLLC. MLPLLC strictly limits client/model access to images. MLPLLC will provide low resolution, clearly watermarked images for review and purchase under the TF/TFP and other guidelines herein, at MLPLLC discretion. Any watermarked images with the word "PROOF" are supplied for the sole purpose for the client to select images to purchase from MLP LLC and the client cannot share, display, published, gift, transfer or sell any delivered PROOF images.

3. Cancellation and Rescheduling

Client Cancellation: The deposit is non-refundable. If the Client cancels the session within 7 days of the scheduled date, the full session fee is due. Sessions that included travel costs are fully chargeable and not refunded to the client.
Rescheduling: The Client may reschedule once with at least 7 days' notice without penalty.

4. Copyright and Usage Rights

The Photographer retains the copyright to all images. The Client is granted a non-exclusive, non-transferable license for personal use of the images. The images may not be used for commercial purposes without the Photographer's written consent, which will include additional fees for commercial shoots and commercial use of personal shoot images.
Commerical use limits must be explicitly stated in the Proforma or other agreement instruments, otherwise the most-restrictive use will be inferred.
The non-exclusive, non-transferable license is not granted until full payment is made, regardless of the delivery status. Delivery of the end-product does NOT grant the right to use. Only a final payment activates the license grant. Use without full payment is deemed to be an intentional copyright violation.
In no case does MLPLLC perform work-for-hire. In no circumstances will MLP LLC relinquish its copyright unless the contract and purchase agreement state the phrase "MLP LLC RELINQUISHES ALL COPYRIGHTS to the following files and images:..."
Modifications to MLP LLC work is limited by U.S. Copyright. Modification not in compliance with regulation 17 U.S.C. § 101 will be enforced.
Removal of watermarks is a violation of the copyright. Usage for AI training is not permitted.
Any watermarked images with the word "PROOF" are supplied for the sole purpose for the client to select images to purchase from MLP LLC and the client cannot share, display, published, gift, transfer or sell any delivered PROOF images.

5. Model Release

The Client grants the Photographer permission to use the images for portfolio, website, social media, advertising, and promotional purposes. Agreements for minor by a parent or guardian will be required and enforced.

6. Delivery of Images

Delivery Method: Digital images will be delivered via online gallery within approximately 14 days of the session date.
Editing: Basic retouching is included with a per-image purchase. Additional or advanced retouching requests are subject to additional fees.
Image Availability: 30-day availability. Images may be permanently deleted after 30 days of posting.
Delivery Notification: Client will be notified of the gallery link and password by either text message or email. The client must inquire if there are concerns or problems with the delivery. MLPLLC is not responsible for the Client's failure to download in a timely fashion. Client is responsible to safeguard the images once downloaded.

7. Liability Limitation

The Photographer is not liable for any loss or damage to the images once they are delivered. The Photographer is not responsible for acts of nature or other events beyond their control that may affect the session or the images before delivery.
Photography and videography are a creative process with various controllable and various unexpected results, and while the photographer will take care during the process, the client may have expectations that differ from the creative process. Editing is a further creative process with varying expectations. The client must be aware and plan accordingly, which may include preliminary shoot sessions, extensive planning sessions, creative consultations, designer's collaborations, makeup artists, storyboards, animation artists, props, post-edit revision requests, and the like.
MLPLLC cannot be held responsible for "missed shots", one-time event shots, or other shots that cannot be recreated during the originally planned session. MLPLLC will not accept any liability for such event criteria. The client must assure that multiple takes are possible and review the in-camera data during the event session.
MLPLLC will use backups and various malware protection software, however, MLPLLC cannot be responsible for loss or theft of images, including, but not limited to, accident, virus, malware, cybercrime, ransomware, hardware malfunction, software malfunction, computer malfunction, camera/lighting malfunction, theft, fire, flood, weather, natural disaster, regardless of fault or negligence.

8. Force Majeure

If the session cannot take place due to events beyond the control of the Photographer or Client (e.g., natural disasters, pandemics, government mandates, illness), the deposit will be applied to a rescheduled date mutually agreed upon by both parties.

9. Privacy Policy

The Photographer will use reasonable care to protect the Client's personal information and will not share it with third parties without consent, except as necessary to fulfill the contract. Complete cyber security cannot be expected, and the client is responsible for determining whether security features meet their needs.

10. Refund Policy

Refunds are only issued if the Photographer fails to deliver the agreed-upon services due to extreme negligence. Dissatisfaction with images does not constitute grounds for a refund.

11. Indemnification

The Client agrees to indemnify and hold harmless the Photographer from any claims, liabilities, injury, or damages arising from the use of the images as authorized by this Agreement.
Client is to provide liability protection for cybercrimes, data leaks, data beaches, and/or similar event, if the client feels it is necessary to protect their interests.

12. Agreement Modifications

Any scope reduction in items requested must be made in writing and signed by both the Photographer and the Client.
If the client requests additional shots, outfit changes, or extended time then the client agrees to pay for this time. The client agrees to manage their time within the allotted time bounds and further agrees that additional time is billable. Client agrees that setup, takedown, and travel time are part of a scheduled remote (non-studio) session.
When an assistant is quoted, their time includes set-up time as well as any extended time.
Any services requested by a client or company employee shall constitute an agreement to pay per published or posted rates, regardless of the final usage or acceptance of the work product. This includes extended shoot duration, additional scenes, stills, outfit changes, video length extension, b-roll, and/or revisions requested verbally or in any communications form.

13. TMZ & Travel

The Twenty-Mile Zone (TMZ) from 06074 or 34275 defines the "local" travel radius. Travel will be quoted in the Proforma when travel is outside the TMZ.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Connecticut.