David Pierre Studio Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client") and David Pierre Studio ("Photographer"), concerning your access to and use of the photography and videography services provided by David Pierre Studio. By submitting payment of any deposit, or by otherwise engaging David Pierre Studio's services, you agree to be bound by these Terms.

1. Services Provided

1.1 Photography and Videography. David Pierre Studio offers professional photography and videography services. The specifics of the services, including the number of images, video length, and other deliverables, will be detailed in the invoice, contract, and/or written messages between David Pierre Studio and the Client.

2. Booking, Deposit, and Payment Terms

2.1 Deposit Requirement. A non-refundable deposit is required to secure your event date and time. The deposit is due at the time of booking. Payment of the deposit — regardless of whether a separate contract has also been signed — constitutes the Client's full, informed, and binding acceptance of these Terms of Service. A signed contract may be issued for additional detail and is encouraged, but it is not a precondition for these Terms to take effect.

2.2 Refund Policy. The deposit is refundable only if the Client submits a written cancellation request within twenty-four (24) hours of the timestamp shown on the invoice reflecting payment. After this 24-hour window has elapsed, the deposit is non-refundable under any circumstances, including but not limited to a change of plans, a rescheduling request, a change of mind, or dissatisfaction expressed prior to services being rendered.

2.3 Acknowledgment at Time of Payment. Every invoice issued by David Pierre Studio contains a direct, clickable link to these Terms of Service, positioned above the payment button, along with a written acknowledgment that submitting payment constitutes acceptance of these Terms. The Client affirms that they had the opportunity to review these Terms prior to completing payment.

2.4 Third-Party Payment. If a deposit or any payment is made by a person other than the individual for whom services are being rendered (for example, a parent, family member, or friend paying on behalf of an event honoree), the person who submits payment is deemed the contracting "Client" for all purposes under these Terms, and is the only party with authority to request changes, cancellations, or refunds, regardless of who the services ultimately benefit.

2.5 Remaining Balance. The remaining balance for services is due on the day of delivery of photos/videos. David Pierre Studio reserves the right to withhold all deliverables until the full payment is received.

2.6 Late Payment Fees. If the remaining balance is not paid within seven (7) days after the final images are made available, a late fee of 5% of the outstanding balance will be applied weekly.

2.7 Image Deletion Policy. If the remaining balance is not paid within thirty (30) days after images are made available, and there has been no communication from the Client, the Photographer reserves the right to permanently delete all images from storage. The Client acknowledges and agrees to this policy upon payment of the deposit.

2.8 Legal Action. In the event the Client fails to pay the remaining balance by the agreed due date, David Pierre Studio reserves the right to pursue legal action to recover the outstanding amount. The Client will be responsible for any legal fees, costs, and expenses incurred in connection with such action.

2.9 Chargebacks and Disputes. The Client agrees not to initiate a credit card chargeback or bank dispute for any payment made in accordance with, and accepted under, these Terms. Initiating a chargeback for a non-refundable payment validly accepted under these Terms constitutes a breach of this agreement. The Client will be responsible for the disputed amount, any chargeback or processing fees incurred by David Pierre Studio, and reasonable costs of collection, including attorney's fees where permitted by law.

3. Cancellation, Rescheduling, and No-Shows

3.1 Client Cancellation. A cancellation is only effective once received in writing (email or text) from the Client as defined in Section 2.4. Verbal cancellations, or cancellations relayed by a third party, are not binding until confirmed in writing directly by the Client.

3.2 Rescheduling. The Client may request to reschedule the event date at no additional charge, subject to David Pierre Studio's availability, provided the request is made at least [30] days before the original event date. Requests made within [30] days of the event are treated as a cancellation under Section 2.2 unless David Pierre Studio agrees otherwise in writing.

3.3 Client No-Show or Late Start. If David Pierre Studio arrives at the agreed time and location and the Client or event is not ready to begin, David Pierre Studio will wait up to thirty (30) minutes before the scheduled service window begins running regardless. Time lost to a late start is not made up by extending the session, and the full service is considered rendered.

3.4 Photographer Cancellation. If David Pierre Studio must cancel for a reason other than force majeure (Section 10), David Pierre Studio will provide as much notice as reasonably possible and will either (a) arrange a qualified replacement photographer/videographer acceptable to the Client, or (b) refund all payments received for the cancelled event in full.

4. Client Responsibilities

4.1 Permits and Permissions. The Client is responsible for obtaining any necessary permits or permissions for the use of the venue or location.

4.2 Cooperation. The Client is responsible for ensuring the cooperation and reasonable punctuality of all parties involved in the event, including the Client themselves. David Pierre Studio is not liable for missed shots, incomplete coverage, or shortened sessions caused by the Client's lack of cooperation, lateness, or failure to follow the agreed schedule.

4.3 Venue and Weather. If a venue denies David Pierre Studio access, or weather prevents an outdoor portion of a shoot from proceeding as planned, David Pierre Studio will make reasonable efforts to adapt coverage on-site. Such circumstances do not entitle the Client to a refund, discount, or free reshoot unless David Pierre Studio agrees to one in writing.

4.4 Damage to Equipment. The Client is responsible for any damage to David Pierre Studio's equipment caused by the Client or anyone associated with the Client, and agrees to cover all costs related to repairing or replacing the damaged equipment.

5. Intellectual Property Rights

5.1 Ownership. David Pierre Studio retains all copyrights and ownership rights to the images, videos, and any other deliverables produced.

5.2 Usage License. The Client is granted a limited, non-exclusive, non-transferable license to use the delivered images and/or videos for personal purposes, defined as: personal viewing, personal printing (including photo books and prints for the Client's own home or personal gifting), and sharing on the Client's personal social media accounts. This license does not include the right to sell, license, distribute, or use the images/videos for any commercial or promotional purpose without David Pierre Studio's explicit written consent.

5.3 Social Media Use. The Client may share images on social media platforms, provided that credit is given to David Pierre Studio and the images are not altered in a way that misrepresents the Photographer's work.

6. Travel and Accommodation

6.1 Travel Fees. Travel beyond a [1]-mile radius of [Event Location] will incur a travel fee of $[__] per mile beyond that radius, unless a different amount is agreed to in writing before the event. Absence of a separate written agreement does not waive this default rate.

6.2 Accommodation. If overnight stays are required, the Client agrees to cover the cost of accommodations for David Pierre Studio, to be arranged and agreed upon in advance.

7. Image Editing and Retouching

7.1 Editing Services. Basic editing, including color correction and exposure adjustment, is included in the service. Extensive retouching or special effects may incur additional fees, to be quoted before work begins.

7.2 Client Revisions. The Client is entitled to one (1) round of revisions. Revision requests must be submitted in writing within fourteen (14) days of the delivery of the final gallery/video; requests submitted after this period will not be treated as included revisions and will be billed at the rate in Section 7.3. Additional revisions beyond the included round are billed at $20 per image.

7.3 Post-Deadline Revision Rate. Any revision requested after the 14-day window in Section 7.2 is billed at $20 per image, payable in advance of the work being performed.

8. Archiving and Storage

8.1 Image Storage and Client Responsibility. David Pierre Studio will make final deliverables available to the Client for a period of seventy-two (72) hours after delivery. The Client is solely responsible for downloading and independently backing up all deliverables within this 72-hour window. David Pierre Studio bears no liability, and is under no obligation to re-send, recover, or reproduce deliverables requested after this period has elapsed, regardless of the reason for the delay.

8.2 Raw Files. Raw, unedited files are not included in the deliverables but may be purchased separately for an additional fee, subject to availability.

9. Social Media and Online Etiquette

9.1 Tagging and Attribution. When sharing images on social media, the Client agrees to credit or tag David Pierre Studio.

9.2 Prohibited Uses. The Client may not alter or filter the images in a way that misrepresents David Pierre Studio's work, and may not use the images for commercial purposes or sell them to third parties without the Photographer's prior written consent.

10. Force Majeure

10.1 Unforeseen Circumstances. In the event of unforeseen circumstances such as natural disasters, serious illness, or other events beyond David Pierre Studio's reasonable control that prevent David Pierre Studio from fulfilling its obligations, David Pierre Studio will make every reasonable effort to find a qualified replacement. If a suitable replacement cannot be found, David Pierre Studio's liability is limited to a full refund of all payments received for the affected event.

11. Dispute Resolution

11.1 Good-Faith Resolution. In the event of a dispute, both parties agree to first attempt to resolve the matter directly and in good faith before pursuing formal action.

11.2 Chargebacks. See Section 2.9. The Client's agreement not to initiate a chargeback for validly accepted, non-refundable payments applies regardless of the outcome of any good-faith discussion under this section.

12. Legal and Governing Law

12.1 Governing Law. These Terms of Service are governed by the laws of the State of New Jersey, without regard to its conflict of law principles, regardless of the location where services are physically performed.

12.2 Jurisdiction and Venue. Any disputes arising out of or relating to these Terms of Service shall be resolved in the state or federal courts located in New Jersey, and the Client consents to personal jurisdiction in those courts.

13. Acceptance of Terms

13.1 Acceptance. By submitting payment of a deposit to David Pierre Studio, the Client acknowledges that they have read, understood, and agree to abide by these Terms of Service in full, and that this acceptance is binding whether or not a separate contract is subsequently signed. If you wish to review these Terms again at any time, they are available at DavidPierreStudio.com/terms.