Terms of Service

Last Updated: 10-28-24

Welcome to parkerthecreative.com. By accessing or using this website and engaging in photography services provided by Parker Johnson (“Photographer”), you agree to comply with the following Terms of Service (“Terms”). Please read them carefully before using the website or purchasing any services.

1. Engagement of Services

1.1 Description of Services
Client engages Parker Johnson as the exclusive provider of photography services as described at the time of booking. Services include capturing, recording, storing, and delivering photographic material, both still and moving, through analog, digital, optical, electronic, or any other medium, as per the agreement between Client and Photographer.

1.2 Exclusivity
Parker Johnson will serve as the exclusive photographer for any session, event, or project booked unless otherwise agreed to by both parties in writing.

2. Fees and Payment

2.1 Fees
All services will be provided at the rates outlined in the client’s custom proposal or agreement. Payment terms are specified in each agreement and are required to be followed, including any deposits, retainers, or balance payments.

2.2 Retainer and Non-Refundability
A non-refundable retainer is required to secure the booking. This retainer ensures that Photographer commits time and resources to the Client's project and will be applied to the total fee.

2.3 Invoicing
Invoices will be issued by Photographer per the agreed terms. Payments past the due date may incur late fees as detailed in the specific agreement between the parties.

3. Client Responsibilities

3.1 Required Consents
Clients are responsible for obtaining all necessary consents and permissions from venues, event participants, and other parties where required to facilitate the photography services.

3.2 Expenses
Travel and other project-specific expenses are the responsibility of the Client as outlined in the project agreement. Clients may either provide the means of travel or cover reasonable travel costs and necessary expenses.

3.3 Waiver of Claims
By engaging Parker Johnson’s services, Clients and any participants waive all claims against Photographer for the use of images in accordance with this agreement.

4. Photographer Responsibilities

4.1 Equipment
Photographer will provide all necessary equipment for the Services. Client is not required to supply any photography equipment.

4.2 Standard of Service
Photographer will perform services with professionalism and care, maintaining quality, safety, and efficiency standards throughout.

4.3 Photography Staff
Any photography staff hired by Photographer will comply with safety requirements, maintain quality standards, and meet the agreed specifications of the Work Product.

5. Artistic Release

5.1 Artistic Style and Consistency
Clients acknowledge familiarity with Photographer’s style and portfolio and agree to Photographer’s artistic discretion. Reasonable efforts will be made to align the final images with the style expected by the Client, but artistic interpretation rests solely with Photographer.

5.2 Finality of Work
All delivered work is final. One alteration may be done if deemed necessary; no further alterations by the Client or third parties are permitted without written approval.

6. Term and Termination

6.1 Term
The agreement between Photographer and Client will commence on the booking date and will conclude when the final deliverables have been provided and all payments have been made in full.

6.2 Cancellation and Rescheduling
Clients may cancel or reschedule by providing at least 5 days’ notice. Failure to give this minimum notice may result in forfeiture of the retainer and/or any other fees as specified in the agreement.

6.3 No Refunds on Cancellation
Cancellations will not result in refunds unless stated otherwise in the agreement.

7. Intellectual Property and Usage Rights

7.1 Ownership of Work
All images and work products are the exclusive property of Parker Johnson. Clients are granted a limited, non-commercial license for personal use only. Any commercial or third-party use must receive written approval from Photographer.

7.2 Client License
Clients receive a limited, non-transferable license to use the work for personal, non-commercial purposes such as social media sharing (with proper credit to Photographer), physical display, and personal communication.

7.3 Credit Requirement
When sharing any images publicly (e.g., on social media), Clients must provide appropriate credit to Parker Johnson.

8. Limitation of Liability and Indemnity

8.1 Indemnification
Clients agree to hold Photographer harmless for any liabilities, injuries, damages, or claims arising from the performance of the Services.

8.2 Force Majeure
Neither Photographer nor Client shall be liable for delays or non-performance due to causes beyond their control, such as natural disasters or unforeseen events.

8.3 Maximum Liability
Photographer’s maximum liability for any claims or losses related to the Services shall not exceed the total fees paid by the Client.

9. General

9.1 Notice
Clients and Photographer will communicate via the contact information provided in the booking agreement.

9.2 Governing Law
These Terms will be governed by the laws of [State/Country].

9.3 Amendments
These Terms may only be modified in writing and with agreement from both parties.

9.4 Entire Agreement
This document, along with any signed agreements, constitutes the entire agreement between Parker Johnson and the Client regarding the services provided.

9.5 Severability
If any provision of these Terms is found to be unenforceable, the remainder will continue to apply in full force.