Legal

Terms of Service

Last updated: March 2026

These Terms of Service apply to all photography services provided by Deborah Heinlen Photography LLC ("Photographer," "we," "us," or "our"). By booking a session or engaging our services, you ("Client") agree to be bound by these terms.

Specific session details, package inclusions, payment schedules, and retainer amounts are outlined in your individual session agreement, which is incorporated into these terms by reference.

1. Services

Photographer is in the business of providing professional photography services. By hiring Photographer, Client agrees that Photographer will be the exclusive photographer during the session, and no other photography by third parties will be permitted during the session without prior written consent.

2. Payment

The total amount due is as detailed in your session agreement. A retainer is required to secure your date and time, with the specific amount and due date outlined in your agreement. If the retainer is not paid by the date specified, Photographer cannot guarantee that the scheduled date and time will remain available.

Full payment of the remaining balance is due prior to the start of the session. If payment is not received before the session begins, the session will not be conducted.

3. Rescheduling & Cancellation

Photographer may reschedule the session due to illness or inclement weather and will work with Client's schedule to reschedule as soon as possible. If Client needs to reschedule due to illness or an unforeseen circumstance, Client will make every effort to notify Photographer at least 48 hours before the session, or as soon as the issue is identified.

If Photographer is unable to conduct the session and cannot arrange coverage by another qualified professional photographer, any and all fees paid by Client will be refunded in full. All fees paid by Client are otherwise nonrefundable regardless of the reason for cancellation.

4. Digital Files & Delivery

High-quality digital files will be provided to Client in an online gallery within the timeframe specified in your session agreement. Photographer, in their sole artistic discretion, determines which images taken during the session will be presented in the Client's gallery. Not all images captured during the session will be presented to the Client.

For studio headshot sessions, proofs are typically reviewed during the session for immediate selection. A proofing gallery for later review is available at an additional cost.

Once images are selected, finished images will be edited and made available for download. Client may also elect to receive images on a USB drive where this option is offered.

5. Editing

Client agrees and understands that Photographer edits all images at their own artistic discretion. Editing is included in the session fee. Photographer's editing style is consistent with the professional standards shown in Photographer's portfolio.

6. Archive & Storage

Images will be available online for Client download for the period specified in your session agreement. After that period, Photographer will permanently delete all proofed images from the Client gallery and from Photographer's storage devices. Photographer is not responsible for digital files once they have been downloaded by Client. Client is responsible for maintaining their own backup copies of all downloaded digital files.

7. Copyright

Client understands that Photographer is the sole and exclusive owner of the copyright of each image taken during the services provided. Photographer retains all rights to the images, including but not limited to the right to copy, display, and publish any and all images for marketing, advertising, print competitions, and for use on Photographer's website, portfolio, blog, and social media platforms.

Copyright protection is an established United States Federal law, and all violators may be subject to legal action to the full extent of the law.

8. Client Usage & Limited Commercial Use License

Client is purchasing from Photographer high-resolution, un-watermarked digital files. Photographer grants Client an exclusive, perpetual, limited license for Client's commercial use of the digital files in the normal course of Client's business, including advertising, marketing, promotional materials, websites, blogs, and social media platforms.

If Client posts images on social media, Photographer kindly asks to be tagged for promotional purposes.

9. Force Majeure

Photographer will not be liable to Client for any loss or failure to perform resulting from circumstances beyond Photographer's reasonable control, including but not limited to acts of God, natural disasters, fire, earthquake, storm, hurricane, flood, lightning, or tornado.

10. Assignment

This agreement may not be assigned by either party without the prior written permission of the other party.

11. Severability

If any provision of these Terms of Service is declared void or unenforceable, such provision shall be severed from these terms, which shall otherwise remain in full force and effect.

12. Amendments

Any amendments to these terms or to your individual session agreement must be made in writing and agreed upon by both Client and Photographer.

13. Limitation of Liability

To the fullest extent permitted by law, Photographer's total liability to Client for any claim arising out of or relating to these terms or the services provided shall not exceed the total amount paid by Client for the specific session giving rise to the claim.

14. Governing Law, Jurisdiction & Venue

These Terms of Service shall be governed by the laws of the Commonwealth of Kentucky, without giving effect to the principles of conflicts of law. The parties consent to jurisdiction and venue in the state and federal courts located in the State of Kentucky.

15. Entire Agreement

These Terms of Service, together with your individual session agreement, Privacy Policy, and Return Policy, constitute the entire agreement between Client and Photographer regarding the services provided.