Terms & Conditions

 

Effective Date: 09/21/2025

Last Updated: 09/21/2025

 

Introduction

Welcome to Carla Funk Photography (“we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your use of our website www.carlafunkphotography.com and photography services. We are located in Abingdon, Virginia, and by accessing our website or engaging our services, you (“you,” “your,” or “Client”) agree to be bound by these Terms.

 

 

Acceptance of Terms

By using our website, booking our services, or entering into a photography contract with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our website or services.

 

 

Photography Services

 

Service Description

We provide professional photography services, including but not limited to:

  • Portrait Photography: Individual, family, senior, and professional headshots
  • Wedding Photography: Engagement, ceremony, and reception coverage
  • Event Photography: Corporate events, parties, and special occasions
  • Commercial Photography: Business, product, and marketing photography
  • Real Estate Photography: Property and architectural photography

 

Booking and Scheduling

  • Consultation: Initial consultations may be conducted in person, by phone, or via video call
  • Booking Requirements: A signed contract and retainer payment are required to secure your date
  • Availability: Services are subject to photographer availability and scheduling constraints
  • Advance Notice: We recommend booking at least 4-6 weeks in advance for most services
  • Rush Services: Last-minute bookings may be subject to additional fees

 

 

Payment Terms

 

Pricing and Fees

  • Quotes: All pricing quotes are valid for 30 days unless otherwise specified
  • Package Pricing: Services are typically offered as packages; individual service pricing may vary
  • Additional Services: Extra hours, additional locations, or special requests may incur additional charges
  • Travel Fees: Sessions outside of a 50-mile radius from Abingdon, VA, may include travel charges

 

Payment Schedule

  • Retainer: A non-refundable retainer of 25-50% is required to secure your booking
  • Final Payment: Remaining balance is due before or at the time of service delivery
  • Payment Methods: We accept cash, check, credit cards, and electronic payments
  • Late Payments: Outstanding balances may be subject to a 1.5% monthly service charge

 

Refund Policy

  • Retainer: Retainer payments are non-refundable but may be transferred to a future date subject to availability
  • Cancellation by Client: Cancellations less than 14 days before the scheduled session forfeit the retainer
  • Cancellation by Photographer: Full refund will be provided if we cancel for reasons within our control
  • Weather Cancellations: Outdoor sessions may be rescheduled due to inclement weather without penalty

 

 

Copyright and Image Rights

 

Copyright Ownership

  • Photographer Rights: We retain full copyright ownership of all photographs taken during our services
  • Usage License: Clients receive a limited, non-exclusive license to use images for personal purposes
  • Commercial Use: Commercial use of images requires separate written agreement and additional licensing fees

 

Client Usage Rights

You may use the licensed photographs for:

  • Personal enjoyment and display in your home
  • Sharing on personal social media accounts (with photographer credit appreciated)
  • Printing for personal use through any lab or service
  • Gifting prints to family and friends for personal use

 

Prohibited Uses

Without written permission, you may not:

  • Use images for commercial purposes or financial gain
  • Alter, edit, or manipulate images beyond basic cropping and color correction
  • Remove or alter copyright information or watermarks
  • Transfer usage rights to third parties
  • Use images in a manner that could be deemed defamatory or inappropriate

 

Photographer’s Portfolio Rights

We reserve the right to:

  • Use photographs for our portfolio, website, and marketing materials
  • Submit images to photography publications and competitions
  • Display images at exhibitions or art shows
  • Use images for educational purposes and workshops

 

 

Image Delivery and Timeline

 

Delivery Timeline

  • Preview Images: Sneak peek images typically delivered within 48-72 hours
  • Complete Gallery: Full edited gallery delivered within 2-4 weeks of the session
  • Wedding Photography: Complete wedding galleries delivered within 6-8 weeks
  • Rush Processing: Expedited delivery available for additional fee

 

Image Delivery Method

  • Online Gallery: Images delivered through a secure online gallery with download access
  • Digital Files: High-resolution digital files included in most packages
  • Print Products: Physical prints and albums are shipped separately with tracking information
  • Backup Copies: We maintain backup copies for 12 months after delivery

 

Image Quality and Editing

  • Professional Editing: All delivered images receive professional color correction and basic retouching
  • Image Selection: We select and edit the best images from your session
  • Raw Files: Unedited RAW files are not typically provided
  • Additional Editing: Extensive retouching or special effects available for an additional fee

 

 

Client Responsibilities

 

Preparation and Cooperation

  • Punctuality: Arrive on time for scheduled sessions to maximize shooting time
  • Preparation: Follow any provided preparation guidelines for optimal results
  • Cooperation: Participate actively and follow reasonable directions during sessions
  • Permissions: Obtain necessary permissions for shooting locations when applicable
  • Weather Monitoring: Stay informed about weather conditions for outdoor sessions

 

Location and Access

  • Venue Coordination: Provide necessary venue contact information and access details
  • Restrictions: Inform us of any venue restrictions or photography limitations
  • Safety: Ensure safe access to shooting locations and inform us of any hazards
  • Third-Party Venues: Client is responsible for any venue fees or requirements

 

Children and Special Considerations

  • Supervision: Parents/guardians must supervise children during sessions
  • Breaks: Allow for necessary breaks during extended sessions
  • Special Needs: Communicate any special accommodations needed in advance
  • Behavior: Understand that uncooperative subjects may affect session quality and timeline

 

 

Liability and Insurance

 

Limitation of Liability

  • Equipment Failure: We maintain backup equipment but are not liable for technical failures beyond our control
  • Acts of God: Not responsible for delays or cancellations due to weather, natural disasters, or emergencies
  • Third-Party Issues: Not liable for venue restrictions, vendor conflicts, or third-party actions
  • Maximum Liability: Our total liability shall not exceed the total amount paid for services

 

Insurance Coverage

  • Professional Liability: We maintain professional liability insurance for photography services
  • Equipment Insurance: Photography equipment is insured against theft and damage
  • Venue Requirements: We can provide certificates of insurance when required by venues

 

Client Indemnification

Client agrees to indemnify and hold harmless Carla Funk Photography from any claims, damages, or expenses arising from:

  • Unauthorized use of delivered photographs
  • Violation of venue rules or restrictions
  • Injury or damage caused by client or their guests
  • Copyright infringement or other legal violations

 

 

Force Majeure and Emergencies

 

Uncontrollable Circumstances

We are not liable for failure to perform services due to circumstances beyond our control, including:

  • Natural disasters, severe weather, or environmental hazards
  • Government restrictions, public health emergencies, or mandatory closures
  • Personal illness or injury preventing service delivery
  • Transportation failures or infrastructure problems

 

Emergency Procedures

  • Photographer Illness: We will attempt to provide a qualified substitute photographer when possible
  • Equipment Failure: Backup equipment and contingency plans are in place
  • Venue Issues: We will work with clients to find alternative solutions when possible
  • Communication: We will provide prompt notification of any emergency situations

 

 

Website Terms of Use

 

Acceptable Use

  • Lawful Use: Use our website only for lawful purposes and in accordance with these Terms
  • Accuracy: Provide accurate information when submitting forms or creating accounts
  • Security: Do not attempt to compromise website security or access restricted areas
  • Respect: Treat our staff and other clients with courtesy and respect

 

Prohibited Activities

You may not:

  • Copy, reproduce, or distribute website content without permission
  • Use automated tools to scrape or harvest website data
  • Submit false, misleading, or harmful information
  • Interfere with website functionality or other users’ access
  • Upload malicious code or attempt to hack our systems

 

Intellectual Property

  • Website Content: All website content, including text, images, and design elements, is our property
  • Trademarks: Our business name and logo are protected trademarks
  • User Content: You retain rights to content you submit, but grant us license to use it for business purposes

 

 

Privacy and Data Protection

 

Information Collection

We collect and use personal information as described in our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our privacy practices.

 

Communication

  • Marketing: We may send promotional communications to clients who opt in
  • Service Updates: We may contact you regarding your services or account
  • Opt-Out: You may unsubscribe from marketing communications at any time

 

 

Modifications and Updates

 

Terms Changes

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated “Last Updated” date. Continued use of our services after changes constitutes acceptance of modified Terms.

 

Service Changes

We may modify our services, pricing, or policies with reasonable notice to existing clients. Existing contracts will be honored according to their original terms.

 

 

Dispute Resolution

 

Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

 

Jurisdiction

Any legal disputes shall be resolved in the courts of Washington County, Virginia, or the U.S. District Court for the Western District of Virginia.

 

Alternative Dispute Resolution

We encourage resolution of disputes through direct communication. If necessary, disputes may be resolved through mediation or arbitration in Abingdon, Virginia.

 

 

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

 

 

Entire Agreement

These Terms, together with our Privacy Policy and any signed photography contracts, constitute the entire agreement between you and Carla Funk Photography regarding our services.

 

 

Contact Information

For questions about these Terms & Conditions, please contact us:

 

Carla Funk Photography

Address: 21180 Green Spring Rd, Abingdon, VA 24211
Phone: (276) 451-0382
Email: carla@carlafunkphotography.com
Website: www.carlafunkphotography.com

 

Acknowledgment: By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.