General Terms & Conditions
These Terms & Conditions apply to photography and related services provided by Mark Lillis Portrait, LLC (“Photographer”) unless superseded by a separate written agreement or proposal.
Booking a session, submitting payment, or participating in a session constitutes acceptance of these Terms & Conditions.
1. Scope of Services
Photography services will be provided as outlined in the applicable proposal, estimate, invoice, email correspondence, or other written communication between the Photographer and Client.
Creative style, editing approach, image selection, and artistic interpretation remain at the Photographer’s discretion.
2. Booking & Payment
A non-refundable retainer of 50% is required to reserve a session or event date.
Remaining balances are due prior to final delivery unless otherwise agreed in writing.
Travel fees, parking, assistants, permits, location fees, and other approved production expenses may be invoiced separately.
Late balances may incur a service charge of 1.5% per month after 14 days.
No usage rights or licenses are granted until full payment has been received.
Accepted payment methods include Venmo, credit card, debit card, ACH transfer, or other approved electronic payment methods.
3. Rescheduling & Cancellation
Retainers are non-refundable but may be applied to one rescheduled date if requested at least 7 days prior to the session, subject to availability.
Cancellations within 7 days of the scheduled session may be billed at the full contracted amount.
Travel-related expenses already incurred are non-refundable.
4. Client Representative & Production Coordination
For commercial, corporate, group, or event assignments, the Client agrees to designate a representative authorized to provide scheduling coordination, approvals, shot requests, location access, and production direction during the assignment.
The Photographer shall not be responsible for missed coverage resulting from delayed schedules, lack of access, conflicting direction from multiple parties, venue restrictions, unavailable subjects, or other circumstances outside reasonable control.
5. Copyright & Usage
All photographs and video content remain the intellectual property of Mark Lillis Portrait, LLC and are protected under U.S. Copyright Law.
Clients receive a non-exclusive, non-transferable license for personal or agreed commercial use as specified in the applicable agreement or invoice.
Commercial usage, advertising usage, publication, resale, transfer, alteration, AI training usage, or third-party distribution beyond the agreed license requires prior written permission.
RAW files are not included unless specifically agreed in writing.
Watermarked proof images may not be published, shared, edited, screenshotted, or distributed. Watermarks and copyrights must not be removed.
6. Model Release
Unless otherwise requested in writing, the Client grants permission for selected images to be used for portfolio, website, studio display, social media, marketing, editorial, and promotional purposes.
Clients may request confidentiality or non-publication arrangements prior to the session.
For minors, a parent or legal guardian must authorize participation and image usage.
7. Delivery & Archiving
Final images are typically delivered via online gallery within approximately 14 days unless otherwise stated.
Delivery timelines may vary depending on project complexity and retouching requirements.
Downloaded files become the responsibility of the Client upon delivery. Clients are encouraged to maintain their own backups.
Online galleries may be removed after 30 days.
8. Retouching & Editing
Standard retouching is included where specified.
Additional retouching, revisions, compositing, or advanced editing requests may incur additional fees.
The Photographer maintains creative discretion regarding editing style and final image selection.
9. Limitation of Liability
The Photographer will take reasonable care in the performance of services and handling of digital files.
In the unlikely event of equipment failure, loss of files, illness, emergency, or circumstances beyond reasonable control, liability is limited to payments received.
The Photographer is not responsible for missed images resulting from scheduling limitations, restricted access, venue conditions, subject cooperation, or unforeseen circumstances.
The Photographer utilizes commercially reasonable measures for data storage, backup, and digital security. However, no electronic storage system, transmission method, or online platform can be guaranteed fully secure or immune from cyberattack, unauthorized access, corruption, malware, ransomware, or data loss. The Photographer shall not be liable for losses or damages arising from such events beyond reasonable control.
10. Force Majeure
Neither party shall be liable for delays or failure to perform resulting from causes beyond reasonable control, including but not limited to severe weather, natural disasters, government restrictions, illness, labor disputes, or acts of God.
11. Refund Policy
Refunds are issued only if the Photographer fails to deliver the agreed-upon services due to circumstances within the Photographer’s reasonable control.
Artistic preference, subjective dissatisfaction, or changes in personal taste do not constitute grounds for refund.
12. Indemnification
The Client agrees to indemnify and hold harmless the Photographer from claims, liabilities, damages, or expenses arising from the Client’s use of the images or participation in the session, except in cases of gross negligence or willful misconduct by the Photographer.
13. Additional Services & Scope Changes
Requests for additional coverage, extended session time, outfit changes, locations, editing revisions, video production, assistants, or other expanded services beyond the original agreement may incur additional fees.
Verbal approvals, email approvals, text messages, or on-site direction requesting expanded services constitute authorization for additional billable work.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut.