Terms & Conditions for Coleman's Photography Services
Effective Date: June 19, 2025
These Terms & Conditions (the "Agreement") govern your booking of photography services with Coleman's Photography (also known as Coleman Photography), owned by Coleman Merle, as well as your attendance at, and interaction with, gallery showings and your access to and use of Coleman's Photography's online portfolio/digital displays ("Coleman's Photography," "we," "us," or "our"). By proceeding with a booking, attending or interacting with our gallery showings, or accessing and using our online portfolio/digital displays, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please do not book services, attend or interact with our showings, or access our online portfolio/digital displays.
1. Booking Confirmation & Deposit
1.1. Deposit Requirement: To confirm your photography session, a non-refundable deposit of twenty dollars ($20.00 USD) is required at the time of booking. This deposit serves as a promise to Coleman's Photography that you intend to proceed with the scheduled photoshoot.
1.2. Session Confirmation: Your session is not formally booked or held until the $20.00 deposit has been successfully received by Coleman's Photography.
2. Payment
2.1. Deposit Application: The $20.00 deposit will be applied towards the total cost of your photography session.
2.2. Balance Due: The remaining balance for your photography session will be due on the day of the photoshoot, or as otherwise agreed upon in writing.
3. Cancellations & Rescheduling
3.1. Deposit Non-Refundable: The $20.00 deposit is strictly non-refundable, regardless of the reason for cancellation or rescheduling by the client. However, Coleman's Photography has the right to refund the $20.00 deposit for any reason they see fit
3.2. Client Cancellation: If you need to cancel your session, please notify Coleman's Photography as soon as possible. While the deposit is non-refundable, we appreciate timely notice.
3.3. Client Rescheduling: If you need to reschedule your session, please notify Coleman's Photography at least [X] hours/days in advance (e.g., 48 hours, 3 days). Rescheduling is subject to Coleman's Photography's availability. If rescheduling occurs with less than the agreed-upon notice, a new $20.00 deposit may be required to book the new date.
3.4. Photographer Cancellation: In the unlikely event that Coleman's Photography must cancel a session due to unforeseen circumstances (e.g., illness, equipment failure), we will make every effort to reschedule your session at a mutually agreeable time. If a reschedule is not possible, the $20.00 deposit will be refunded.
4. Intellectual Property & Usage
4.1. Copyright Retention: Unless otherwise agreed upon in a separate written agreement, Coleman's Photography retains the copyright to all images, artwork, text, and other content produced and displayed at Coleman's Photography gallery showings and on its online portfolio/digital displays. All content is the exclusive intellectual property of Coleman's Photography (Coleman Merle) and is protected by copyright laws.
4.2. No Unauthorized Reproduction: You may not copy, reproduce, distribute, publicly display, or create derivative works of any content from our services, showings, or online portfolio without the express written permission of Coleman Photography.
4.3. Photography at Showings: Photography of artworks at physical gallery showings may be restricted. Please observe any signage or instructions provided by Coleman Photography staff regarding photography. Unauthorized photography, especially for commercial use or distribution, is strictly prohibited.
4.4. Promotional Use of Images: Coleman's Photography reserves the right to use images from your session for promotional purposes, including but not limited to, display on www.colemanphotography.net, gallery.colemanphotography.net, social media, and marketing materials. If you prefer your images not to be used for promotional purposes, please notify Coleman's Photography in writing prior to your session.
5. Client Responsibilities & Conduct
5.1. Session Punctuality: You agree to arrive on time for your scheduled session. Lateness may result in a reduced session time.
5.2. Location Fees/Permits: You are responsible for any fees or permits required for shooting at specific locations, if applicable.
5.3. Conduct at Showings and Online: Attendees and online users are expected to conduct themselves respectfully and responsibly. We reserve the right to remove any individual from a physical showing or restrict online access who engages in:
Disruptive, offensive, or unsafe behavior.
Damage to artwork or property (physical or digital).
Violation of any local laws or regulations.
6. Disclaimers
Coleman Photography provides its gallery showings and online portfolio/digital displays "as is" and "as available" without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that all works displayed will be available for purchase.
We are not responsible for any personal injury or property damage incurred during your attendance at a physical showing, except where prohibited by law.
We do not guarantee uninterrupted access to the online portfolio or that it will be error-free.
7. Limitation of Liability
Coleman's Photography will take all reasonable care in the performance of its services. However, to the fullest extent permitted by applicable law, Coleman Photography, its owner Coleman Merle, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the photography services, gallery showings or online portfolio/digital displays; (b) any conduct or content of any third party at the showings or online; or (c) in the unlikely event of technical malfunction, camera failure, loss of images, or other unforeseen circumstances, Coleman's Photography's liability will be limited to a refund of any monies paid for the affected service.
8. Indemnification
You agree to defend, indemnify, and hold harmless Coleman Photography, Coleman Merle, and its employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees, arising out of or in any way connected with your access to or use of the photography services, gallery showings or online portfolio/digital displays, or your violation of these Terms.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles.
10. Changes to Terms
We reserve the right to modify or revise these Terms at any time. We will indicate the "Effective Date" at the top of these Terms when they are updated. Your continued booking of services, attendance at our gallery showings or use of our online portfolio/digital displays after any such changes constitutes your acceptance of the new Terms.
11. Contact Information
For any questions regarding these Terms & Conditions, please contact:
Coleman's Photography
Coleman Merle
Website: www.colemanphotography.net
Email: photos@colemanphotography.net
Phone: 360.606.9055