1. Acceptance of Terms
By accessing or using https://emariephoto.com (the “Site”) or booking photography services with eMarie Photography, LLC (“eMarie,” “we,” “us,” or “our”), you (“you,” “your,” or “Client”) agree to comply with and be bound by these Terms & Conditions (“Terms”). These Terms apply to all Site visitors, clients, and customers. If you do not agree, you must immediately discontinue use of the Site and our services.
2. Services Overview
eMarie Photography operates as a professional photography business offering portrait, wedding, commercial, event, and other photographic services as described on the Site or agreed in writing.
We reserve the right to decline service to any person, business, or organization at our sole discretion.
3. Definitions
- “Site” – The website and related services at https://emariephoto.com.
- “Content” – All images, photographs, videos, designs, text, graphics, and other materials produced or displayed by eMarie Photography.
- “Client” – Any person or entity who books, purchases, or otherwise engages our photography services.
4. Modifications to Terms
We may update or modify these Terms at any time without prior notice. Changes are effective immediately upon posting to the Site, and continued use of the Site or our services constitutes your acceptance of the updated Terms.
5. Use of the Site
You may not:
- Copy, scrape, or extract content from the Site for commercial purposes.
- Interfere with the Site’s operation or security.
- Represent our work as your own.
6. Intellectual Property & Image Licensing
- Ownership – All photographs, images, and digital files created by eMarie Photography remain our sole and exclusive property, protected by U.S. and international copyright laws. You are purchasing a license to use images, not ownership of the copyright.
- License for Personal Clients – You receive a limited, non-exclusive, non-transferable license for personal use (printing, sharing with family/friends, posting on personal social media with credit given to eMarie Photography).
- License for Commercial Clients – Commercial use requires a separate written agreement specifying scope, duration, and fees.
- Prohibited Uses – You may not sell, alter, edit beyond basic cropping/filters, enter into contests, or use images for commercial gain without our written consent.
- Credit Requirement – When images are posted online, you must credit “eMarie Photography” and, where possible, link to https://emariephoto.com.
- Violation of License – Unauthorized use will result in revocation of the license, removal of images from any online galleries, and may lead to legal action for copyright infringement.
7. Payment, Bookings & Cancellations
- A non-refundable deposit of 25% (or $500 for weddings) is required to secure your booking. Until payment is received, your date is not confirmed.
- Remaining balances must be paid in full before delivery of final images.
- Rescheduling is subject to our availability and may require a rescheduling fee.
- Cancellations result in forfeiture of the deposit. For weddings or events canceled within 30 days of the scheduled date, the full balance is due.
- No refunds are provided once services have been rendered.
8. Delivery of Images
- Proof galleries are typically delivered within the time frame stated in your contract. Delays due to unforeseen circumstances (illness, weather, equipment failure, etc.) do not constitute breach of contract.
- Final edits are completed at our discretion, consistent with our artistic style. No unedited RAW files are released under any circumstance.
9. Client Responsibilities
- You are responsible for arriving on time and prepared for your session. Delays caused by the Client may result in reduced coverage without refund.
- You are responsible for obtaining permissions, permits, or property releases for locations.
10. Model Release
By booking our services, you grant us the irrevocable right to use your likeness, images, and related content for marketing, portfolio display, competitions, and editorial purposes, unless otherwise agreed in writing.
11. Privacy & Data Collection
Your information is collected and used as outlined in our Privacy Policy. By booking, you consent to our use of your information for booking, communication, and service delivery purposes.
12. Limitation of Liability
- Our maximum liability for any claim, breach, or damage shall not exceed the amount paid for the contracted services.
- We are not liable for indirect, incidental, or consequential damages, including but not limited to missed shots, delays, or loss of data due to events beyond our control.
13. Indemnification
You agree to indemnify, defend, and hold harmless eMarie Photography and its employees from any claims, damages, or liabilities arising from your breach of these Terms, misuse of images, or violation of any laws during the session.
14. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of Montana, USA, and any disputes will be heard exclusively in the courts of Yellowstone County, Montana.
15. Entire Agreement / Severability
These Terms, along with any written service agreement, constitute the full understanding between you and eMarie Photography. If any provision is deemed invalid, the remainder will remain enforceable.
Contact Us
If you have questions or comments regarding the Terms, please contact:
eMarie Photography, LLC
208 N Broadway, Suite 350
Billings, Montana 59101
Email Address:
elise@emariephoto.com
Effective as of August 14, 2025
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