Mini Session Terms of Service

These Terms of Service ("Agreement") govern your use of up to 60 minutes of mini photo sessions and pay-per-photo services offered by [Bits&Pieces] ("we," "us," or "our"). By participating in the mini photo sessions or purchasing our pay-per-photo services, you ("you" or "the customer") agree to abide by these terms and conditions. Please read this Agreement carefully before using our services.

1. Agreement to Terms

By participating in mini photo sessions and opting for the pay-per-photo services, you agree to be bound by the following terms and conditions. If you do not agree with any part of these terms, please refrain from using our services.

2. Mini Photo Sessions:

a. The mini photo sessions are subject to availability and can only be scheduled within our operating hours.

b. The session includes the photography service for a duration of up to 60 minutes but does not include any digital photos or retouched photos.

c. You are responsible for providing your own props, outfits, and any additional requirements for the photo session.

d. We reserve the right to use the images captured during the session for promotional purposes, unless otherwise agreed upon in writing.

2. Photo Session:

a. The Mini photo session includes photography services provided by our professional photographers. This session includes digital photos or retouched photos based on the pay-per-photo package you select. The purpose of this session is to allow you to experience our photography services before making a purchase.

3. Pay-Per-Photo Options

a. Basic Package: For $20 per photo, you may purchase individual digital photos. The Basic Package includes the option to purchase up to 5 digital photos within a 15-minute time frame, for a total price of $100.

b. Value Package: For $15 per photo, you may purchase individual digital photos. The Value Package includes the option to purchase of up to10 digital photos and 1 retouched photo within a 30-minute time frame, for a total price of $150.

c. Full Gallery Package: For $9 to $12 per photo, you may purchase individual digital photos. The Full Gallery Package includes the option to purchase 30+ digital photos and 3 retouched photos within a 60-minute time frame, for a total price of $350. The price per photo within this package may vary depending on the final number of selected photos.

d. Pay-Per-Photo: You may choose to purchase individual photos for $30 per photo. This option includes the purchase of single digital photos and includes 1 or more retouched photos ay $30 per photo within a 15-minute time frame.

4. Photo Selection and Retouching

a. In packages that include retouched photos, you are entitled to select the specific photos for retouching from the purchased digital photos. The number of retouched photos included in each package is clearly stated above.

5. Payment

a. Payment for the selected package or individual photos is required at the time of purchase. We accept cash, Zelle, Venmo, or any other payment methods agreed upon at the time of purchase.

6. Delivery of Photos

a. Digital photos will be delivered to you electronically in a suitable format, as determined by our photography team, within a reasonable timeframe after the purchase. The delivery method will be communicated to you during the ordering process.

7. Usage Rights

a. The purchased digital photos are for personal, non-commercial use only. You may display, print, and share the photos for personal purposes. However, you are strictly prohibited from using the photos for any commercial purposes without obtaining explicit written permission from us.

8. Refunds and Cancellations

a. Due to the personalized and digital nature of our services, refunds and cancellations are not available. However, if you encounter any issues with your order or the delivered photos, please contact our customer support team, and we will make our best effort to address your concerns.

9. Intellectual Property

a. We retain the copyright and all other intellectual property rights to the photographs captured during the session, whether free or paid.

b. We grant you a non-exclusive, non-transferable license to use the purchased digital photos for personal purposes only, including printing, sharing, and displaying, but not for commercial use or resale.

c. You are prohibited from modifying, editing, or altering the photos in any way without our explicit written consent.

10. Limitation of Liability

a. We strive to provide high-quality photography services and ensure the satisfaction of our customers. However, we cannot guarantee the accuracy, completeness, or availability of the services at all times. Therefore, we shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from the use of or inability to use our services.

11. Loss of Opportunity Fee / Image Non-Usage Fee

a. In the event that the client requests not to use the images for promotional and marketing purposes, the client shall be responsible for paying an opportunity loss fee or image non-usage fee. This fee is designed to compensate the photographer for the lost opportunity, time, resources, and potential income associated with reserving or holding the images exclusively for the client, while restricting their usage.

b. The loss of opportunity fee or image non-usage fee shall amount to 15% of the agreed-upon shoot fee, or $45, whichever amount is lower. This fee is considered a fair and reasonable estimate of the damages incurred by the photographer due to the client's request for non-usage, considering the potential promotional and marketing value that the images could have provided.

c. The loss of opportunity fee or image non-usage fee for client's request for non-usage shall be payable at the time of payment if notified before booking or within 48 hours if notified after the session. Failure to remit the fee within the specified timeframe may result in additional charges, including but not limited to late payment penalties or legal expenses incurred to recover the outstanding amount.

12. Modification of Terms

a. We reserve the right to modify these terms of use at any time without prior notice. The updated terms will be effective immediately upon posting on our website or notifying you through other means. Your continued use of our services after any modifications constitutes your acceptance of the revised terms.

13. Governing Law and Jurisdiction

a. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas.

*Please note that once you have chosen a photography plan, should you wish to acquire additional photos after the session, you will be billed based on the pricing of the available plans. It is imperative to make your plan and pricing selections prior to confirming your session booking. Once the session commences, any extra photos required will be subject to charges in alignment with our plan offerings.

By participating in our mini photo session and using our pay-per-photo services, you acknowledge that you have read, understood, and agreed to these terms of use.

Thank you for taking the time to read our terms and conditions. If you have any questions, please do not hesitate to contact us.