Terms of Service

1. Definitions

• "Photographer" — Matthew Munzell Photography, a sole proprietor photography business operating in North Carolina.
• "Client" — any individual or entity who books a photography session, uses the contact form, accesses a client gallery, or otherwise engages with this website or our services.
• "Images" or "Photographs" — all photographs, digital image files, edited deliverables, and visual content created by the Photographer during the course of any engagement.
• "Services" — photography sessions, consultations, digital delivery of images, and any related services provided by the Photographer.
• "Session Agreement" — the written photography contract or booking confirmation signed by both parties for a specific session, which governs the specific terms of that engagement and supersedes these general Terms where they conflict.

2. Copyright Ownership

Under United States copyright law (17 U.S.C. § 101 et seq.), the Photographer owns the copyright in all Images from the moment of their creation. This ownership is not transferred to the Client by payment of session fees or by delivery of image files.

The Photographer reserves all rights in all Images, including but not limited to:

• The right to reproduce, display, distribute, and create derivative works from any Images
• The right to use Images for portfolio display, website content, social media marketing, editorial submission, professional competition entries, and promotional materials
• All rights not expressly granted to the Client in Section 3

RAW, unedited, or unprocessed image files are not delivered to Clients and remain the exclusive property of the Photographer at all times.

All images displayed on this website are protected under United States and international copyright law. Unauthorized reproduction, download, or use of any image from this website without written permission is strictly prohibited and may result in legal action.

3. License Grant to Clients

Upon full payment of all session fees, the Photographer grants the Client a limited, non-exclusive, non-transferable, non-sublicensable license to use the delivered Images for personal use only, subject to the following terms:

Permitted Personal Uses

• Printing copies for personal and household use (wall prints, photo albums, gifts to family and friends)
• Sharing on personal social media accounts (Instagram, Facebook, etc.) with credit to the Photographer where reasonably possible
• Use in personal digital communications (email, messaging)
• Sending to personal contacts as digital gifts

Restrictions

• Images may not be used for any commercial advertising, marketing, or promotional purpose without a separate written commercial license (see Section 4)
• Images may not be resold, licensed, or sublicensed to any third party
• Images may not be submitted to stock photo agencies or used as stock imagery
• Images may not be used to train artificial intelligence models, machine learning systems, or similar technologies
• Images may not be substantially altered, composited, or manipulated in ways that misrepresent the original work without the Photographer's prior written consent
• Watermarks, copyright notices, or embedded metadata may not be removed from any Image

This license is perpetual for the permitted personal uses described above, unless revoked in writing due to a material breach of these Terms.

4. Commercial Use and Licensing

Commercial use of any Image — including use in advertising, marketing materials, product packaging, editorial publication, brand promotion, or any use generating direct or indirect commercial benefit — requires a separate written commercial license negotiated with the Photographer prior to use.

Commercial licensing is available for appropriate sessions (business headshots, commercial product photography, brand campaigns, etc.). Contact contact@matthewmunzellphotography.com for licensing inquiries and pricing.

Unauthorized commercial use of Images is a copyright infringement and may subject the infringer to statutory damages under 17 U.S.C. § 504, including damages of up to $150,000 per infringement for willful infringement.

5. Prohibited Uses

In addition to the restrictions in Section 3, the following uses of Images are strictly prohibited under any circumstances without prior written consent from the Photographer:

• Use in defamatory, obscene, or unlawful content
• Use in a manner that falsely implies an endorsement, sponsorship, or affiliation
• Use in political advertising or campaign materials
• Any use that violates applicable law

6. Portfolio and Marketing Use

The Photographer reserves the right to use Images from any session for portfolio display, website content, social media marketing, blog posts, professional competition submissions, and printed marketing materials, unless the Client requests otherwise in writing before the session date.

Clients who do not wish to have their Images used for the Photographer's marketing purposes must notify the Photographer in writing (email is acceptable) prior to their session. The Photographer will honor reasonable opt-out requests.

Images featuring recognizable minors will not be posted publicly without explicit written consent from a parent or legal guardian.

7. Booking and Retainer

A photography session is not confirmed until a signed Session Agreement and a non-refundable retainer deposit are received. The retainer secures the Photographer's time and availability for the agreed session date and is non-refundable regardless of the reason for cancellation, except as provided in Section 8 for cancellation by the Photographer.

The retainer amount and total session fee will be specified in the Session Agreement. The remaining balance is due in full by the date specified in the Session Agreement.

Accepted payment methods include ACH bank transfer, credit card (subject to a processing fee as disclosed at the time of invoicing), Zelle, Cash App, and cash. All payments are processed through separate invoicing tools and not through this website.

8. Cancellation and Rescheduling

Cancellation by Client

• More than 7 days before the session: The retainer is forfeited. Any additional amounts paid beyond the retainer will be refunded.
• 7 days or fewer before the session: The full session fee is forfeited. No refund will be issued.
• No-show (failure to appear without notice): The full session fee is forfeited. No refund will be issued.

All cancellations must be made in writing (email to contact@matthewmunzellphotography.com is acceptable) to be effective.

Rescheduling by Client

One complimentary reschedule is available with at least 72 hours' advance written notice. Subsequent rescheduling requests or those made with less than 72 hours' notice may be subject to a rescheduling fee as specified in the Session Agreement.

Cancellation by Photographer

In the event the Photographer must cancel due to illness, injury, a family emergency, or other circumstances beyond the Photographer's reasonable control, the Photographer will make reasonable efforts to reschedule the session at a mutually convenient time. If rescheduling is not possible, a full refund of all amounts paid will be issued. The Photographer's liability for cancellation is limited to this refund.

9. Digital Delivery

All deliverables from Matthew Munzell Photography are provided digitally. No physical prints, albums, or products are fulfilled through this business unless otherwise agreed in writing.

Delivery Format

Edited, high-resolution JPEG files are the standard delivery format. RAW files are not provided. The number of images delivered will be specified in the Session Agreement.

Delivery Method and Timeline

Images are delivered via a private online client gallery. The estimated delivery timeline will be specified in the Session Agreement. Delivery timelines are estimates; the Photographer will make reasonable efforts to deliver within the stated timeframe.

Gallery Expiration and Client Responsibility

Client gallery links may expire after the period specified at delivery. The Client is solely responsible for downloading and backing up delivered image files before the gallery expires. The Photographer is not obligated to maintain a permanent archive of delivered images or to provide re-delivery after the gallery expiration date has passed. Re-delivery requests after expiration may be accommodated at the Photographer's discretion and may be subject to a re-delivery fee.

10. Limitation of Liability

Equipment and Technical Failure

In the rare event of total photographic failure due to equipment malfunction, memory card failure, data corruption, or other technical circumstances beyond the Photographer's reasonable control, the Photographer's liability shall be limited to a full refund of all fees paid. The Photographer shall have no further liability for any losses arising from the failure to capture or deliver images.

Digital Delivery Issues

The Photographer is not liable for image loss or inaccessibility resulting from changes to third-party platforms, Client device failure, file format obsolescence, or Client failure to download images before gallery expiration.

Consequential Damages

IN NO EVENT SHALL THE PHOTOGRAPHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, OR REPUTATIONAL HARM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY PHOTOGRAPHY SERVICES, EVEN IF THE PHOTOGRAPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure

The Photographer shall not be liable for failure to perform services due to circumstances beyond reasonable control, including but not limited to severe weather, natural disasters, public health emergencies, government restrictions, fire, or other acts of God.

Creative Discretion

Photography is a creative and artistic service. The Photographer exercises professional artistic judgment in all aspects of the session, including lighting, composition, posing, and post-processing. Dissatisfaction with the Photographer's creative style or editing choices, where the style and approach were reasonably consistent with the Photographer's published portfolio at the time of booking, does not constitute grounds for a refund.

11. Website Use

This website is provided for informational purposes and to facilitate bookings. You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use of the website.

The Photographer makes no warranty that the website will be available at all times, free of errors, or free of viruses or other harmful components. The website is provided "as is" without warranties of any kind.

12. Governing Law and Jurisdiction

These Terms and any disputes arising from them or from photography services provided by Matthew Munzell Photography shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in North Carolina, and the parties consent to the personal jurisdiction of such courts.

13. Entire Agreement and Severability

These Terms, together with any applicable Session Agreement signed by both parties, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior communications, representations, or agreements, whether oral or written, relating to that subject matter.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

The Photographer reserves the right to modify these Terms at any time. The updated Terms will be posted on this page with a revised effective date. Continued use of our services after such changes constitutes acceptance of the revised Terms.

15. Event and Public Photography

Photography in Public Settings

Matthew Munzell Photography may conduct photography at public events, sporting events, parks, and other public or semi-public locations. Individuals present in such settings have a reduced expectation of privacy under applicable law. The Photographer may photograph any individuals present at such events without prior individual consent where permitted by law.

How Gallery Access Works

Access to event galleries is password-protected. The Photographer distributes the gallery web address (matthewmunzellphotography.com/events) and a unique event password directly to event participants or their representatives — whether on a printed card, verbally, or by any other means. A person accesses the gallery by visiting that address (by typing it, scanning a QR code, or any other method) and entering the password provided.

Event Gallery Access as Consent

By visiting matthewmunzellphotography.com/events and entering an event password — regardless of how you obtained the address or password — you:

• Acknowledge that photographs were taken at a public or semi-public event
• Acknowledge that you received the gallery address and password from the Photographer or their representative at or in connection with that event
• Consent to the Photographer's right to display those photographs within the password-protected gallery for the purpose of fulfilling purchase orders
• Confirm that you are either the subject of the photographs, or a parent, legal guardian, or authorized representative of the subject(s)
• Agree to these Terms of Service in full

Purchase Consent

By completing a purchase through an event gallery, you additionally confirm that you have the right to purchase and receive the selected photographs, and that your purchase and use of those photographs will comply with the license terms set forth in Section 3 of these Terms.

Where the photographs being purchased depict a minor, the person completing the purchase represents and warrants that they are the minor's parent or legal guardian, or are otherwise authorized by the minor's parent or legal guardian to make such a purchase, and have full authority to consent to the acquisition and use of those photographs on the minor's behalf in accordance with North Carolina law.

Photographs of Minors

The Photographer will not publicly post or otherwise publicly distribute photographs of identifiable minors without explicit written consent from a parent or legal guardian. Photographs of minors are made available only within password-protected galleries accessible exclusively to individuals who have received the access password from the Photographer. A parent or legal guardian who accesses an event gallery and purchases photographs of a minor represents and warrants that they are the minor's parent or legal guardian and have the authority to consent to such purchase and use.

Opt-Out

Any individual who does not wish to have their photographs included in an event gallery may contact the Photographer at contact@matthewmunzellphotography.com to request removal. The Photographer will honor reasonable removal requests and remove the relevant photographs from the gallery within a reasonable time. Removal from the online gallery does not affect the Photographer's right to retain the original image files.

14. Contact

Questions about these Terms should be directed to:

Matthew Munzell Photography
North Carolina, United States
contact@matthewmunzellphotography.com

These Terms of Service do not constitute legal advice. Matthew Munzell Photography is a sole proprietor business. For legal advice specific to your situation, consult a licensed North Carolina attorney. Your individual Session Agreement may contain additional or different terms that govern your specific engagement.