Terms of Service Privacy Policy

Terms of Service

PHOTOGRAPHY SERVICES TERMS OF SERVICE

Last Updated: July 24, 2026

These Photography Services Terms of Service govern photography, photo booth, film, video, audio, editing, gallery, print, and related creative services provided by The Dream Choice | Siouxzen Kang Photography, including The Pearl Photobooth, collectively referred to as the “Photographer,” “we,” “us,” or “our.”

The person or organization purchasing or receiving services is referred to as the “Client” or “you.”

These Terms apply to services booked through our website, Pixieset, HoneyBook, email, invoice, proposal, or another approved method.

A project-specific proposal, estimate, invoice, contract, questionnaire, model release, usage license, or other written agreement may contain additional terms. If a project-specific written agreement conflicts with these Terms, the project-specific agreement will control.

1. ACCEPTANCE OF TERMS

You accept these Terms when you do any of the following:

  • Sign a proposal, contract, or service agreement;

  • Pay a retainer, deposit, invoice, or other fee;

  • Approve a project or assignment in writing;

  • Participate in a scheduled session after receiving these Terms;

  • Access, download, purchase, publish, or otherwise use delivered images; or

  • Enter into a written trade or barter arrangement with the Photographer.

The person completing the booking represents that they are at least 18 years old and have authority to enter into the agreement.

When the Client is a company, organization, venue, agency, or other entity, the person approving the project represents that they have authority to act on behalf of that entity.

2. SERVICES AND PROJECT SCOPE

The specific services, coverage time, deliverables, pricing, usage rights, location, schedule, and other project details will be stated in the applicable proposal, estimate, invoice, or contract.

Services or deliverables that are not expressly included are outside the original scope and may require:

  • A revised estimate;

  • An additional fee;

  • Additional production time;

  • Additional editing time; or

  • A separate written agreement.

Verbal discussions, inspiration images, mood boards, planning notes, and informal messages may help guide the project but do not modify the agreed scope unless confirmed in writing by the Photographer.

3. INDEPENDENT CONTRACTOR

The Photographer is an independent contractor and is not an employee, partner, agent, or joint venturer of the Client.

The Photographer maintains control over the manner, methods, equipment, creative decisions, personnel, and technical processes used to perform the services, subject to the agreed project requirements.

4. RETAINERS AND BOOKING

A date is not reserved until the required agreement has been accepted and the required retainer or booking payment has been received.

Unless otherwise stated in writing, retainers are applied toward the total project price and are non-refundable to the fullest extent permitted by law because the Photographer:

  • Reserves the agreed date and time;

  • Begins planning and administrative work;

  • May decline other assignments; and

  • Commits business resources to the project.

An unpaid proposal, unsigned agreement, tentative date, or verbal conversation does not guarantee availability.

5. PAYMENT

Payment amounts and deadlines will be listed in the applicable proposal, contract, or invoice.

Unless otherwise stated:

  • Invoices are due upon receipt;

  • All required payments must be made before services are performed or final files are delivered;

  • The Photographer may withhold services, galleries, downloads, products, licensing rights, or other deliverables while an account remains unpaid;

  • The Client is responsible for applicable taxes, payment-processing charges expressly disclosed at checkout, returned-payment fees, and bank-transfer fees; and

  • Additional services, hours, expenses, revisions, products, or usage rights will be billed separately.

No usage license becomes effective until all amounts associated with the licensed images have been paid in full.

Any late fee, collection cost, cancellation charge, or other financial consequence will be limited to the amount stated in the applicable agreement or otherwise permitted by law.

6. TRADE AND BARTER ARRANGEMENTS

Any approved trade, barter, collaboration, or exchange of services remains subject to these Terms.

The parties must confirm in writing:

  • The services or products being exchanged;

  • The agreed value of each contribution;

  • The delivery deadlines;

  • Any image-usage rights; and

  • Any remaining cash payment or expense reimbursement.

If the Client fails to provide the promised trade or barter consideration, the Photographer may invoice the Client for the agreed cash value of the services provided.

Each party remains responsible for their own tax-reporting obligations.

7. CANCELLATION AND RESCHEDULING

Cancellation and rescheduling terms stated in the project-specific agreement will control.

Unless otherwise agreed in writing:

  • Retainers remain non-refundable;

  • A rescheduled date is subject to the Photographer’s availability;

  • Additional fees may apply when a session is rescheduled more than once;

  • Costs already incurred on the Client’s behalf remain payable;

  • Cancellation does not eliminate payment obligations for services already completed; and

  • A rescheduled session may be subject to current pricing if the new date falls substantially outside the original booking period.

Weather-related decisions will be made reasonably based on safety, travel conditions, the type of session, and the Photographer’s professional judgment.

Clouds, wind, temperature, changing light, smoke, seasonal conditions, or a forecast that differs from the Client’s preference do not automatically require a reshoot or refund.

8. CLIENT RESPONSIBILITIES

The Client agrees to:

  • Provide accurate project and contact information;

  • Communicate relevant schedules, restrictions, accessibility concerns, and venue rules;

  • Arrive on time and ensure required participants are available;

  • Obtain necessary permission to enter and photograph at private locations;

  • Obtain permits when the Client is responsible for securing them;

  • Inform the Photographer of meaningful changes to the timeline, location, attendance, or project scope;

  • Provide a safe working environment;

  • Identify important people, details, products, or moments that may not otherwise be apparent; and

  • Cooperate reasonably throughout the planning, photography, selection, and delivery process.

The Photographer is not responsible for missed coverage caused by:

  • Late arrivals;

  • Inaccurate timelines;

  • Venue restrictions;

  • Uncooperative participants;

  • Interference from guests or vendors;

  • Obstructed views;

  • Failure to identify a requested person or detail;

  • Restricted access;

  • Unsafe conditions; or

  • Events occurring simultaneously or outside the agreed coverage period.

9. LOCATIONS, PERMITS, AND SAFETY

The Photographer will not knowingly trespass or violate venue, property, park, tribal, land-management, or governmental rules.

Unless otherwise stated in writing, the Client is responsible for:

  • Obtaining permission to use private property;

  • Paying entrance, parking, location, permit, lift, access, or photography fees;

  • Confirming photography rules;

  • Obtaining permission from a property owner, venue, or event organizer; and

  • Ensuring the selected location is accessible to participants.

The Photographer may stop, relocate, postpone, or refuse to perform services when conditions are reasonably believed to be unsafe, unlawful, threatening, destructive to equipment, or materially different from what was disclosed.

10. EXCLUSIVE PHOTOGRAPHY AND INTERFERENCE

The Client may not hire or permit another professional photographer or content-production team to duplicate the Photographer’s contracted coverage without prior written approval.

Guests may take casual photographs or cellphone images as long as they do not:

  • Interfere with the Photographer;

  • Block important moments;

  • Direct subjects during the Photographer’s coverage;

  • Use equipment that materially affects the lighting or scene;

  • Disrupt the timeline; or

  • Compromise safety.

The Photographer is not responsible for missed or affected images caused by interference from guests, vendors, participants, other photographers, or recording devices.

11. CREATIVE STYLE AND ARTISTIC DISCRETION

The Client acknowledges that they have reviewed the Photographer’s portfolio and are familiar with the Photographer’s documentary, editorial, photojournalistic, film-inspired, and creatively directed approach.

The Photographer retains artistic and technical discretion regarding:

  • Composition;

  • Posing and direction;

  • Lighting;

  • Lenses and equipment;

  • Exposure;

  • Focus;

  • Cropping;

  • Color treatment;

  • Black-and-white conversion;

  • Image selection;

  • Editing style;

  • Retouching;

  • Sequencing; and

  • Final presentation.

The Photographer does not guarantee that every person, detail, pose, expression, combination, or moment will be photographed or delivered.

Differences between a Client’s personal preference and the Photographer’s established artistic style do not constitute failure to perform.

12. IMAGE SELECTION AND EDITING

The Photographer will determine which images meet professional, artistic, and technical standards for delivery.

Unless expressly included in writing, the Photographer does not provide:

  • RAW files;

  • Unedited files;

  • Rejected images;

  • Test images;

  • Duplicate exposures;

  • Missed-focus images;

  • Images with unflattering expressions;

  • Every image captured; or

  • Project files and editing catalogs.

Standard editing may include adjustments to:

  • Exposure;

  • White balance;

  • Color;

  • Contrast;

  • Crop;

  • Straightening;

  • Tonal balance; and

  • Other corrections consistent with the Photographer’s style.

Extensive retouching, object removal, body alteration, background reconstruction, clothing changes, head swaps, compositing, restoration, or other specialized editing is not included unless stated in writing.

Additional editing requests may be accepted at the Photographer’s discretion and will be billed at the rate quoted for the requested work. Any stated “starting at” price is an estimate and may increase based on complexity.

The Photographer may decline editing requests that conflict with the Photographer’s artistic standards, ethical judgment, technical limitations, or the integrity of the image.

13. DELIVERY AND GALLERIES

The delivery method and estimated delivery period will be stated in the applicable agreement or client communication.

Delivery times are estimates rather than guaranteed deadlines unless expressly identified as guaranteed in writing.

Online galleries may include:

  • Proof images;

  • Watermarked images;

  • Final edited images;

  • Favorites lists;

  • Download access;

  • Print or product ordering; and

  • Gallery-sharing tools.

Unless otherwise stated, client galleries are available for approximately 90 days after delivery.

The Client is responsible for:

  • Downloading final files before gallery expiration;

  • Verifying that the download is complete;

  • Saving files in multiple secure locations;

  • Protecting gallery passwords and download PINs; and

  • Providing final selections by the stated deadline.

The Photographer does not guarantee that an expired gallery can be restored.

If files remain available, gallery reactivation, retrieval, re-uploading, or reproduction may be subject to a processing fee beginning at $100. Payment of the fee does not guarantee that files can be recovered.

14. COPYRIGHT OWNERSHIP

The Photographer retains all copyrights and intellectual-property rights in the photographs, films, videos, audio recordings, designs, layouts, edits, and other creative materials produced by the Photographer, except when a separate written agreement expressly transfers ownership.

Purchasing photography services, digital files, prints, products, or downloads does not transfer copyright.

Copyright ownership is separate from the Client’s permission to possess, print, share, display, or otherwise use delivered images.

15. PERSONAL-USE LICENSE

Unless a different written license applies, portrait, family, engagement, proposal, wedding, elopement, maternity, event, and other personal clients receive a limited, non-exclusive, non-transferable license to:

  • Download delivered files;

  • Make personal backup copies;

  • Print images for personal use;

  • Share images with friends and family;

  • Display images in their home; and

  • Post images on personal social-media accounts.

The personal-use license does not permit:

  • Commercial advertising;

  • Business promotion;

  • Publication by a company or brand;

  • Product packaging;

  • Resale;

  • Licensing to another party;

  • Contest submission on behalf of a business;

  • Use in a logo or trademark;

  • Sale as merchandise;

  • Use in cryptocurrency or non-fungible tokens;

  • Use to train artificial-intelligence systems; or

  • Any use that generates revenue or promotes a commercial entity.

Commercial use requires a separate written license.

16. COMMERCIAL AND EDITORIAL USE

Businesses, brands, agencies, publications, designers, real estate professionals, vendors, venues, nonprofit organizations, and other commercial clients may use images only within the scope of the written usage license provided for the project.

Unless expressly granted in writing, commercial usage rights are:

  • Non-exclusive;

  • Non-transferable;

  • Non-sublicensable;

  • Limited to the identified Client;

  • Limited to the stated media, purpose, territory, and duration; and

  • Effective only after full payment.

A vendor, venue, publication, employer, parent company, affiliated company, advertiser, sponsor, agency, or other third party does not automatically receive usage rights because it participated in or benefited from the project.

Expanded usage, paid advertising, third-party use, resale, packaging, publication, exclusivity, perpetual campaigns, out-of-home advertising, or other uses may require an additional licensing fee.

17. ALTERATION OF DELIVERED WORK

Delivered images may not be materially altered without written permission.

Prohibited alterations include:

  • Applying filters or presets;

  • Changing colors or tones;

  • Removing watermarks;

  • Adding misleading elements;

  • Removing material elements;

  • Heavy retouching;

  • AI-generated modifications;

  • Face or body replacement;

  • Creating deceptive composites;

  • Presenting an unfinished proof as final work; or

  • Editing that materially misrepresents the Photographer’s work.

Reasonable cropping required by a social-media platform is permitted, provided it does not materially change the image.

The Client may add text, logos, or graphic design to commercially licensed images only when the applicable license permits that use.

18. IMAGE CREDIT

Credit is appreciated when personal clients share images online but is not required unless the applicable agreement expressly says otherwise.

When credit is provided, the preferred credit is:

Photo: The Dream Choice | Siouxzen Kang Photography

Commercial, editorial, vendor, publication, and collaborative projects must provide credit when required by the project-specific license or agreement.

Failure to provide required credit will first be addressed through a reasonable request for correction. Repeated, intentional, or commercially harmful violations may result in additional licensing charges or other remedies permitted by the applicable agreement and law.

19. PORTFOLIO AND PROMOTIONAL USE

The Photographer’s right to use images for portfolio, website, social media, studio samples, advertising, editorial submissions, publication, awards, education, or other promotional purposes will be governed by the applicable client agreement, model release, property release, or written permission.

This Terms of Service document does not independently override a written privacy restriction or opt-out accepted by the Photographer.

Where the applicable agreement grants promotional use, the Photographer may use the images without additional compensation unless otherwise agreed in writing.

20. PRINTS AND COLOR VARIATION

Digital files may appear differently across monitors, phones, tablets, printers, paper types, labs, and software because of differences in:

  • Screen brightness;

  • Calibration;

  • Color profiles;

  • Printing processes;

  • Paper;

  • Ink;

  • Cropping; and

  • Automatic image enhancement.

The Photographer cannot guarantee the quality, color, cropping, or durability of prints made through an unauthorized third-party lab.

Complaints concerning products ordered through the Photographer or an approved gallery store must be submitted promptly after delivery and include photographs of the issue.

21. RESHOOTS AND CORRECTIVE SERVICES

A complimentary reshoot is not available solely because:

  • The Client dislikes their appearance;

  • A participant was uncooperative;

  • Clothing, hair, makeup, weather, scenery, or décor differed from expectations;

  • The Client changes their creative preference;

  • A requested image was not identified;

  • Someone arrived late or left early; or

  • The Photographer’s delivered work is consistent with the portfolio and agreed artistic approach.

If the Photographer determines that a material technical failure within the Photographer’s reasonable control substantially prevented delivery of the agreed services, the Photographer may, at the Photographer’s discretion:

  • Offer a reasonable reshoot;

  • Provide substitute services;

  • Issue a partial refund; or

  • Issue a refund up to the amount paid for the affected service.

A reshoot requested for reasons outside the Photographer’s control will be treated as a new assignment and billed at current rates, together with applicable expenses.

22. FAILURE TO PERFORM AND FORCE MAJEURE

The Photographer is not responsible for delay, interruption, or failure caused by circumstances beyond reasonable control, including:

  • Serious illness or injury;

  • Death or family emergency;

  • Severe weather;

  • Wildfire or smoke;

  • Road closure;

  • Natural disaster;

  • Government restriction;

  • Public-health emergency;

  • Power or internet outage;

  • Equipment theft;

  • Venue closure;

  • Transportation failure;

  • Labor disruption;

  • Civil disturbance;

  • War or terrorism;

  • Acts of God; or

  • Another event that makes performance illegal, unsafe, or impracticable.

When reasonably possible, the Photographer may attempt to:

  • Reschedule the services;

  • Arrange a qualified replacement;

  • Modify the scope;

  • Provide substitute deliverables; or

  • Refund amounts paid for services that cannot be performed.

The Photographer does not guarantee that a replacement professional will be available.

23. FILE LOSS OR DAMAGE

The Photographer uses reasonable professional care in capturing, handling, backing up, editing, and delivering files.

However, no camera, memory card, hard drive, cloud platform, computer, gallery service, shipping service, or storage system is completely immune from malfunction, corruption, loss, theft, or damage.

If images or project files are lost, corrupted, destroyed, or otherwise unavailable before delivery, the Photographer’s liability will be limited, to the fullest extent permitted by law, to:

  • A reasonable reshoot;

  • Substitute services;

  • A proportional refund; or

  • A refund of the amount paid for the affected service.

24. LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Photographer will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including emotional distress, lost profits, lost opportunities, reputational loss, travel costs, replacement-vendor costs, or other losses arising from the services or delivered materials.

The Photographer’s total liability relating to a project will not exceed the amount actually paid to the Photographer for the portion of services giving rise to the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

25. CLIENT-PROVIDED MATERIALS AND INDEMNIFICATION

The Client represents that they have the right to provide any logo, artwork, music, text, photograph, floor plan, brand asset, instruction, reference material, or other content supplied to the Photographer.

The Client is responsible for obtaining permissions and releases for uses requested by the Client when those permissions are not the Photographer’s responsibility under the project agreement.

To the fullest extent permitted by law, the Client agrees to defend and indemnify the Photographer from third-party claims arising directly from:

  • Materials supplied by the Client;

  • Instructions given by the Client;

  • Uses made by the Client outside the granted license;

  • The Client’s failure to obtain required location or property permission; or

  • The Client’s violation of another person’s copyright, privacy, publicity, contractual, or other legal rights.

This provision does not require the Client to indemnify the Photographer for the Photographer’s own willful misconduct.

26. NO GUARANTEE OF BUSINESS RESULTS

For commercial, branding, real estate, hospitality, advertising, and event projects, the Photographer does not guarantee:

  • Increased sales;

  • Bookings;

  • Social-media engagement;

  • Press coverage;

  • Listing activity;

  • Offers;

  • Property sales;

  • Advertising performance;

  • Awards; or

  • Any particular business result.

The Photographer is responsible for providing the agreed creative services and deliverables, not for the Client’s marketing, sales, publication, or campaign outcome.

27. COMPLAINTS AND NOTICE OF ISSUES

The Client should review delivered files and products promptly.

Any concern regarding missing files, gallery access, incorrect products, damaged goods, or a material delivery issue should be submitted in writing as soon as reasonably possible.

The Client agrees to provide the Photographer a reasonable opportunity to investigate and correct a legitimate issue before pursuing another remedy.

28. GOVERNING LAW AND DISPUTES

These Terms and any related agreement will be governed by the laws of the State of New Mexico, without regard to conflict-of-law principles.

Before filing a legal claim, the parties agree to make a good-faith effort to resolve the dispute through written communication.

Unless prohibited by law or otherwise agreed in writing, any legal action relating to the services or these Terms must be brought in a court of competent jurisdiction serving Taos County, New Mexico.

29. ELECTRONIC COMMUNICATIONS AND SIGNATURES

The parties agree that business may be conducted electronically.

Electronic signatures, online approvals, payment confirmations, emails, proposals, invoices, checkboxes, and other electronic records may be used as evidence of the parties’ agreement and intentions.

The Client is responsible for maintaining current contact information and reviewing communications sent to the email address provided during booking.

30. GENERAL TERMS

These Terms, together with the applicable proposal, contract, invoice, license, questionnaire, release, and written project modifications, constitute the agreement between the parties concerning the services.

Amendments must be confirmed in writing.

If any provision is found invalid or unenforceable, that provision will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect.

A party’s failure to enforce a provision does not waive the right to enforce it later.

Headings are included for convenience and do not change the meaning of these Terms.

The Client may not assign or transfer their agreement or usage rights without the Photographer’s written permission.

31. CONTACT

Questions about these Terms may be directed to:

The Dream Choice | Siouxzen Kang Photography
Taos, New Mexico
Website: www.thedreamchoice.com

© THE DREAM CHOICE | SIOUXZEN KANG PHOTOGRAPHY