Terms and Conditions

ACCEPTANCE OF TERMS AND CONDITIONS

By accessing and using the services provided by Wendy Marie Portraits, you agree to comply with these Terms and Conditions. If you do not agree with any part of these terms, please do not use our services.

SERVICES

Wendy Marie Portraits provides photography services including but not limited to portrait photography, family photography, headshot/ personal branding and birth photography and related services. Specific details regarding services will be outlined in individual contracts.

PRICING AND PAYMENT

All service fees will be detailed in pricing agreements prior to service provision. Payment is due upon receipt of an invoice unless otherwise agreed. Late payments may incur additional fees.

CANCELLATION AND RESCHEDULING

Clients may cancel or reschedule appointments with a minimum of 48 hours' notice. Cancellations made less than 48 hours prior to the appointment may result in a cancellation fee.

OWNERSHIP OF THIS SITE AND ITS CONTENT

All images captured by Wendy Marie Portraits remain the property of Wendy Marie Portraits. Clients are granted a license to use the images for personal use. Commercial use requires prior written permission. The Site owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) all things otherwise provided to you as a part of the Site’s services, and; (c) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated within, the Site does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in anyway and understand that it is your responsibility to ensure you refrain from doing so.

Wendy Marie Portraits values your privacy. Information collected during bookings will be solely used for service provision and communication. We will not share your information with third parties without your consent.

LIMITATION OF LIABLITY

Wendy Marie Portraits shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services. Our total liability is limited to the amount paid for the service.

GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use and Privacy Policy will be governed under the laws of the State of Michigan without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be adjudicated exclusively in the state or federal court of competent jurisdiction for Ingham County. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, the Site may also bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating. If either party to this agreement brings a legal action against the other party to these Terms t to secure the specific performance of the Terms, collect damages for breach of this agreement, or otherwise enforce or interpret these Terms, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

AMENDMENTS

Wendy Marie Portraits reserves the right to update or modify these Terms and Conditions at any time without prior notice. Continued use of our services after changes signifies acceptance of the new terms.

LICENSE GRANT

Company grants to the User a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content), Products or Services in accordance with this Agreement. The Company retains the right to terminate this license, without notice, in The Company’s sole and absolute discretion, at any time for any reason whatsoever. The Company also reserves any rights not explicitly granted in these T&Cs.

No part of the Site, Products or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Products or Services, or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site, Products or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

WARRANTIES

You expressly agree that access or use of the Site or its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and Services may contain bugs, errors, problems or other limitations.

The Company and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site, Services or Products to the fullest extent permitted by applicable law. The Company and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

The negation of damages set forth above is a fundamental element of the basis of the bargain between you and The Company. The Site, Services and Products would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from The Company through the Site or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. The Company is not responsible to you or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, Customer's communications; 2) the conduct of any Customers, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights.

The Company shall not be liable to you for any Products, Content or information available supplied by third parties, even if obtained through the Site or Services. If you are dissatisfied with the Site, Services or with this Agreement, your sole and exclusive remedy is terminated access and discontinued use of the Site and Services.

THE COMPANY MAKES NO WARRANTY THAT (I) THE SITE OR ANY INFORMATION THEREIN WILL MEET ANY PARTICULAR REQUIREMENT OR EXPECTATION, (II) THE SITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY, ACCURACY, LIKELY RESULTS OR RELIABILITY OF ANY PRODUCTS, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS

CONTACT INFORMATION

For any questions or concerns regarding these Terms and Conditions, please contact us at the provided email address or phone number listed on our website.

By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.