Flashpoint Photography, LLC
Terms and Conditions of Use
Last Updated: December 26, 2025
Welcome to Flashpoint Photography, LLC (“Company,” “we,” “us,” or “our”). These Terms and Conditions of Use (“Terms”) govern your access to and use of our website, galleries, digital platforms, communications, and any photography, media, or related services provided by Flashpoint Photography, LLC.
By accessing our website, booking services, purchasing products, receiving images, or otherwise engaging with us, you (“Client,” “you,” or “user”) agree to be legally bound by these Terms.
If you do not agree, do not use our website or services.
1. Scope and Hierarchy of Agreements
1.1 Governing Order
These Terms apply universally to all users and clients of Flashpoint Photography, LLC.
If you enter into a separate written service agreement (including but not limited to a wedding contract, portrait agreement, commercial agreement, invoice, proposal, or usage license), that signed agreement shall govern in the event of any conflict, and these Terms shall apply only to the extent they do not contradict the signed agreement.
1.2 No Waiver by Silence
No oral statements, emails, text messages, or informal communications shall modify these Terms or any signed agreement unless confirmed in writing and signed by the Photographer.
2. Eligibility and Use
You must be at least sixteen (16) years of age to access our website or services. Use by minors is permitted only with the consent of a parent or legal guardian.
Use of our website and services is at your own risk.
3. Services Generally
Flashpoint Photography, LLC provides professional photography and related services, which may include but are not limited to:
Event photography (weddings, engagements, parties)
Portraits and headshots
Commercial and branding photography
Real estate photography
Digital image licensing and delivery
Prints, albums, and products
Online galleries and downloads
Specific deliverables, timelines, pricing, and service details are governed by the applicable written agreement, invoice, or booking confirmation.
4. Payments, Fees, and Retainers
Unless otherwise agreed in writing:
All fees must be paid in full by the due date stated on the invoice or agreement
Booking retainers are non-refundable and earned upon receipt
Failure to make timely payment may result in cancellation, suspension of services, or withholding of image delivery
No images or usage rights are granted prior to full payment
All payments are processed through third-party payment processors. We do not store full payment card information.
5. Cancellations, Rescheduling, and Refunds
Cancellation, rescheduling, and refund terms vary by service and are governed primarily by the applicable signed service agreement.
If no service agreement exists, the following apply:
Retainers are non-refundable
Rescheduling is subject to availability and may require additional fees
Refunds, if any, are limited to amounts paid for services not performed
We are not liable for consequential, emotional, or incidental damages
6. Artistic Discretion and Performance
Photography is a subjective and artistic service.
By engaging our services, you acknowledge and agree that:
The Photographer retains full creative discretion over style, composition, editing, and delivery
No guarantee is made as to specific images, poses, or outcomes unless expressly agreed in writing
RAW or unedited files are not delivered under any circumstance
We are not responsible for missed images due to timing issues, guest interference, lighting conditions, weather, venue restrictions, or circumstances beyond our control
7. Client Responsibilities
Clients agree to:
Provide accurate information and timelines
Obtain necessary permits or permissions for photography
Ensure a safe and cooperative working environment
Inform guests or participants that professional photography is being conducted
Prevent interference by guests, vendors, or unauthorized photographers
We are not responsible for compromised images resulting from interference, restrictions, or unsafe conditions.
8. Copyright Ownership
All photographs, images, videos, and creative works produced by Flashpoint Photography, LLC remain the sole and exclusive property of the Company and are protected by U.S. and international copyright laws.
No copyright is transferred to the Client.
9. Usage Licenses
Upon full payment, Clients are granted a limited, non-exclusive, non-transferable usage license as defined in the applicable service agreement or invoice.
Unless expressly stated otherwise in writing:
Personal-use licenses do not permit commercial, editorial, or promotional use
Images may not be altered, cropped, filtered, resold, sublicensed, or published without written permission
Unauthorized use constitutes copyright infringement and may result in additional licensing fees or legal action
10. Promotional Use and Model Release
Unless a Client has expressly opted out in writing at or before execution of a service agreement:
The Client grants Flashpoint Photography, LLC the irrevocable and perpetual right to use images featuring the Client for portfolio, self-promotional, advertising, and professional purposes
Images that incidentally include guests or participants may be used to the extent permitted by law
No right to inspect or approve finished images or marketing materials is granted
Clients agree to release, indemnify, and hold harmless Flashpoint Photography, LLC from claims arising from such permitted use, except in cases of gross negligence or willful misconduct.
Separate model releases may be required for commercial or featured use.
11. Safety and Right to Refuse Service
We reserve the right to refuse or discontinue services without refund if working conditions become unsafe, hostile, illegal, or threaten the Photographer’s safety, equipment, or professional standards.
12. Limitation of Liability
To the fullest extent permitted by law:
Our total liability shall not exceed the total amount paid for the services at issue
We are not liable for indirect, incidental, consequential, emotional, or punitive damages
We are not responsible for third-party failures, venue restrictions, or platform outages
13. Indemnification
You agree to indemnify and hold harmless Flashpoint Photography, LLC from claims, damages, or liabilities arising from:
Your breach of these Terms
Actions of guests, participants, or vendors
Unauthorized use of images
Misrepresentations or failure to obtain permissions
14. Website Use and Content
Website content is provided “as is” for informational purposes only. We make no guarantees regarding availability, accuracy, or functionality.
We are not responsible for third-party links or services.
15. Force Majeure
We are not liable for failure or delay caused by events beyond reasonable control, including acts of God, natural disasters, illness, government actions, or venue closures.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Arizona. Any dispute shall be brought exclusively in the courts of Pima County, Arizona.
17. Attorneys’ Fees
In any action arising out of these Terms or related services, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
18. Severability and Survival
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect. Provisions relating to copyright, usage rights, limitation of liability, indemnification, and governing law shall survive termination.
19. Contact Information
Powered by Pixieset