Terms of Service

Effective Date: 08.17.2025

Welcome to MayerPix Photography (“MayerPix,” “we,” “our,” or “us”). By accessing our website, contacting us, booking, or receiving any services, you (“Client,” “you,” or “your”) agree to these Terms of Service (“Terms”). If you do not agree, please do not use our website or services.

1) Services & Booking
– Bookings are made through our website. Some dates may be offered provisionally and confirmed after we review logistics.
– No prepayment is required at this time; however, we may introduce a deposit/retainer for certain shoots (e.g., weddings, events) and will disclose this before booking.
– Minimum lead times, location constraints, and availability may apply.

2) Pricing & Payment
– Current pricing is shown on the website or in a written quote. Taxes, permits, location/parking fees, and travel beyond our standard service area are additional.
– Unless otherwise stated in writing, payment is due at the session. Late balances may incur a late fee of 1.5% per month (or the maximum legal rate, if lower).
– We reserve the right to require a non-refundable retainer for certain bookings. Retainers apply toward the final balance.

3) Rescheduling, Cancellation & No-Show
– Cancellation window: You may cancel up to 12 hours before the scheduled start with no penalty.
– Late cancellation / no-show: Cancellations within 12 hours or failure to appear may result in a fee up to 100% of the session rate for time reserved and loss of opportunity.
– Rescheduling: We will try to accommodate one reschedule as a courtesy (subject to availability). Additional reschedules may incur a fee.
– Tardiness: If you are late, we may shorten the session without discount. Over 15 minutes late may trigger additional fees or rescheduling; over 30 minutes late may be treated as a no-show.

4) Client Responsibilities
– You are responsible for accurate contact details, timely communication, and any required permits, permissions, or location access (including building rules, security, HOA, and park permits).
– Wardrobe, hair & makeup, and styling are Client’s responsibility unless explicitly included.
– Children/pets must be supervised at all times.

5) Creative Control & Missed Shots
– Photography is inherently creative and subjective. While we strive to meet preferences, artistic discretion remains with MayerPix.
– We do not guarantee specific poses, compositions, expressions, or attendance of particular individuals.
– We are not liable for missed shots due to late arrivals, location limitations, interference by guests, or restrictions beyond our control.

6) Copyright & Usage Rights
– Copyright: All images remain the intellectual property of MayerPix.
– Your license: Unless otherwise agreed in writing, you receive a non-exclusive, non-transferable personal license to download and use delivered photos for personal, non-commercial purposes (social media with credit, personal prints).
– Commercial use: Any commercial use (ads, product listings, paid promotions, business websites/logos, etc.) requires a separate written license.
– Model/Property releases: After the session, you may be asked to e-sign a model and/or property release. If signed, MayerPix may use select images in portfolio, website, and promotional materials. You can withdraw future promotional use by written notice; see “Data Retention” in our Privacy Policy for timing.

7) RAW Files, Editing & Revisions
– RAW files are not delivered. Delivery consists of edited JPEGs (or as specified in your package).
– Standard editing includes color correction and basic adjustments. Retouching (skin, objects removal, complex edits) is included only if stated in your package; otherwise available at an additional fee.
– One reasonable round of minor revisions may be offered at our discretion; additional revisions are billable.

8) Delivery & Gallery Availability
– Typical delivery timeframe is 3–7 days. We aim for 3–4 days but cannot guarantee in all cases (illness, volume, technical issues).
– Photos are delivered via online gallery or download link. Public link availability: links are valid for 14 days from the delivery email; after expiry, public access is disabled. Archive re-delivery may incur a fee.

9) Safety, Conduct & Right to Withdraw
– We may refuse or discontinue work in situations that are unsafe, unlawful, harassing, or otherwise inappropriate (including at the discretion of the photographer/crew). Fees may still apply for time already invested.
– We will comply with reasonable venue rules and safety policies.

10) Weather, Force Majeure & Equipment Failure
– Weather: We may reschedule for severe/adverse conditions. Light rain/overcast alone may not qualify for complimentary rescheduling if a covered location or umbrellas suffice.
– Force majeure: We are not liable for delay, rescheduling, or non-performance due to events beyond our reasonable control (e.g., natural disasters, strikes, utility or network failures, illness, government actions).
– Equipment failure: Our liability for technical failure (e.g., card corruption, camera/drive failure) is limited to rescheduling if feasible or a refund of amounts paid for the affected session—this is your exclusive remedy.

11) Communications; SMS Terms; Consent
– We use phone, email, and SMS for booking links, confirmations, reminders, and updates. Message frequency varies. Msg & data rates may apply.
– Opt-out: Reply STOP to any SMS to opt out (also STOP ALL, END, QUIT, UNSUBSCRIBE). Reply HELP for help or email contact@mayerpix.com.
– Caller ID: If you call us, we may use your Caller ID to follow up and—with your verbal consent—send a one-time SMS (e.g., booking link) to that number.
– Delivery of SMS may depend on carrier networks; carriers are not liable for delayed/undelivered messages.

12) AI Assistant, Call Recording & Privacy
– We may use an AI phone assistant powered by OpenAI (recognition/understanding) and ElevenLabs (text-to-speech). Calls and SMS are routed via Twilio. We share only what’s necessary to operate the assistant (e.g., audio snippets/transcripts). We do not use your audio to train public models.
– Calls may be recorded and transcribed to handle your request, improve quality, and document bookings. If you prefer not to be recorded, tell us during the call or email contact@mayerpix.com.
– See our Privacy Policy for data categories, retention (e.g., call recordings up to 90 days; transcripts up to 12 months), and your rights.

13) Third-Party Services & Links
– We use third-party services (e.g., Google Drive/Calendar/Gmail, HoneyBook CRM, Zapier, Twilio, OpenAI, ElevenLabs). We are not responsible for their downtime, data loss, or policies. Use of external links is at your own risk.

14) Warranties & Liability (Disclaimer; Limitation)
– Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied.
– Limitation of liability: To the maximum extent permitted by law, MayerPix’s total liability for any claim arising from or related to the services shall not exceed the amounts you paid for the specific session at issue. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, emotional distress, or loss of opportunity.
– Time to bring claims: Any claim must be brought within one (1) year after the cause of action accrues.

15) Indemnification
– You agree to indemnify and hold MayerPix harmless from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your misuse of the services, or your violation of laws or third-party rights (including failure to secure permits or releases).

16) Dispute Resolution; Arbitration; Class-Action Waiver (U.S.)
– Informal resolution first: Contact us at contact@mayerpix.com; we’ll try to resolve informally.
– Binding arbitration: If not resolved, any dispute shall be resolved by binding arbitration on an individual basis under the JAMS rules in Los Angeles County, California. Judgment may be entered in any court of competent jurisdiction.
– Class-action/jury waiver: You and we waive any right to a jury trial or to participate in a class or representative action.
– Small claims: Either party may bring an eligible claim in small-claims court instead of arbitration.
– Opt-out: You may opt out of this arbitration clause within 30 days of first accepting these Terms by emailing contact@mayerpix.com with subject “Arbitration Opt-Out” and your full name and booking details.

17) Governing Law & Venue
– These Terms are governed by the laws of the State of California, without regard to conflict of laws. Venue for non-arbitrable claims is the state and federal courts of Los Angeles County, CA.

18) Changes to the Terms
– We may update these Terms at any time. The “Last Updated” date reflects the current version. Material changes will be highlighted on the site. Continued use after changes constitutes acceptance.

19) Miscellaneous
– Entire Agreement: These Terms, together with any written quote/booking confirmation and our Privacy Policy, are the entire agreement.
– Severability: If any provision is unenforceable, the remainder stays in effect.
– No Assignment: You may not assign your rights without our consent; we may assign to a successor or affiliate.
– Independent Contractor: We act as an independent contractor; nothing creates employment, partnership, or agency.
– Notices: We may contact you via email, SMS, or phone at the details you provide.

20) Contact
Questions? Email contact@mayerpix.com.
MayerPix Photography — Los Angeles, CA