Terms of service.

Terms of Service (TOS) for Photography and Editing Services for wise creative with intentions of protecting both client and owner and all affiliates of wise creative

 

Effective Date: February 5, 2025

 

1. Introduction

Welcome to Wise Create, our Terms of Service ("TOS") govern your use of our photography and editing services ("Services"). By engaging our Services, you (client) agree to be bound by these TOS. Please read them carefully.

2. Services Offered

We provide the following Services:

- Photography (e.g., portraits, events, commercial, etc.)

- Photo editing (e.g., retouching, color correction, etc.)

- Additional services as agreed upon in writing.

3. Booking and Payment

3.1 Booking

- To book our Services, you must provide a non-refundable deposit of 10% of the total fee.

- The remaining balance is due 24 hours before the shoot or as specified in your contract.

3.2 Payment Methods

- We accept payments via cash, Zelle, and Cashapp.

3.3 Late Payments

- Late payments may incur a fee of 50% per month.

4. Cancellation and Rescheduling

4.1 Cancellation by Client

- If you cancel within 2 days of the shoot, you forfeit your deposit.

- Cancellations made 3 days or more before the shoot may be eligible for a partial refund.

4.2 Rescheduling by Client

- Rescheduling requests must be made at least 7 days in advance.

- Additional fees may apply for rescheduling.

4.3 Cancellation by Us

- We reserve the right to cancel due to unforeseen circumstances (e.g., illness, weather). In such cases, we will offer a full refund or reschedule at no extra cost.

5. Intellectual Property

5.1 Copyright

- We retain copyright to all images and edits unless otherwise agreed in writing.

- You receive a license to use the images for personal or commercial purposes, as specified in your contract.

5.2 Usage Rights

- You may not sell, alter, or distribute the images without our written consent.

  • You also are not entitled to requesting or receiving any images that aren’t finalized, edited or within their RAW format.

 - We may use the images for promotional purposes unless you request otherwise in writing.

6. Client Responsibilities

6.1 Cooperation

 - You agree to cooperate during the shoot, including following directions and providing necessary information.

 6.2 Permits and Permissions

- You are responsible for obtaining any required permits or permissions for the shoot location.

6.3 Safety

- You must inform us of any potential hazards or special requirements (e.g., allergies, accessibility needs).

7. Limitations of Liability

7.1 General

- We are not liable for any indirect, incidental, or consequential damages arising from our Services.

7.2 Force Majeure

- We are not liable for delays or failures due to circumstances beyond our control (e.g., natural disasters, pandemics).

7.3 Maximum Liability

- Our maximum liability is limited to the total amount paid for the Services.

8. Confidentiality

8.1 Client Information

- We will not disclose your personal information to third parties without your consent, except as required by law.

8.2 Images

- We are entitled to the permission of sharing content and production of our services online and elsewhere unless specifically mentioned in your contract.

9. Dispute Resolution

9.1 Negotiation

- In the event of a dispute, both parties agree to negotiate in good faith to resolve the issue.

9.2 Mediation/Arbitration

- If negotiation fails, disputes will be resolved through mediation or binding arbitration in Knoxville TN, in accordance with the consumer protection app of Tennessee.

10. Amendments

-We reserve the right to update these TOS at any time. Changes will be effective upon posting on our website or notifying you directly.

11. Governing Law

-These TOS are governed by the laws of Tennessee. Any legal actions must be filed in the courts of Tennessee.

12. Entire Agreement

These TOS, along with any written agreements, constitute the entire agreement between you and us regarding the Services.

13. Contact Information

For questions or concerns, please contact us at:

- Email: bookings@wisecreative.org

- Phone: 702.245.5513

By engaging our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.