Terms of Service
Revised September 24, 2024
1. Agreement to Terms
By accessing or booking services through the OCon Photography website, clients agree to the terms outlined in this document. These Terms & Conditions apply to individuals, businesses, corporations, and government agencies. Use of services, including booking and attendance at any event, signifies agreement with these terms, without the need for further acknowledgment or signage.
2. Service Booking and Payment Policy
-
Booking Confirmation:
A non-refundable retainer fee is required to secure your session/event date. This ensures the photographer’s time and resources are reserved for your event. The remaining balance must be paid on or before the event date, unless otherwise agreed in writing. -
Processing Fees:
A 4.5% processing fee will be applied to payments made through third-party platforms (e.g., credit cards). By using these services, you agree to cover these fees as part of your payment.
3. Cancellations and Rescheduling Policy
-
Client-Initiated Cancellations:
Cancellations made 30 days or more prior to the event will result in retention of the retainer fee. For cancellations within 30 days of the event, 50% of the total fee is due. -
Rescheduling:
Events can be rescheduled based on availability, subject to a $150 administrative fee if rescheduled within 14 days of the event. -
Force Majeure:
In cases of unforeseeable events (e.g., natural disasters or emergencies), clients may reschedule without penalty or receive a refund, excluding the retainer fee.
4. Copyright, Usage, and Editing Restrictions
-
Photographer’s Copyright:
OCon Photography retains full copyright to all images. Clients receive a limited-use license to utilize the images for personal or agreed commercial purposes. The images may not be resold, transferred, or used in any other way without prior written consent. -
Image Manipulation and Edits:
Clients are strictly prohibited from editing, altering, or manipulating images, including the use of filters or unauthorized cropping, without express permission from OCon Photography. One free general edit is included per image. Additional edits or modifications will incur a fee of $40 per image. -
Promotional Use:
By using our services, clients grant OCon Photography permission to use selected images for marketing purposes (website galleries, social media, etc.). Clients may opt out by notifying us in writing before the event.
5. Privacy and Data Protection
-
CCPA Compliance:
OCon Photography adheres to the California Consumer Privacy Act (CCPA). Personal information collected for services will only be used for communication and service fulfillment. Clients can request access, modification, or deletion of their data at any time. -
Data Security:
Client information and media will not be shared with third parties without consent, unless required for service delivery (e.g., third-party gallery hosting) or by law.
6. Delivery of Digital Media
-
Turnaround Time:
Images will be delivered within 3-4 weeks following the event. Expedited delivery is available for an additional fee. -
High-Resolution Files:
All deliverables are provided as high-resolution digital files. Clients are responsible for downloading and storing the files within 30 days of delivery, after which the gallery will expire.
7. Limitation of Liability
OCon Photography's total liability is limited to the amount paid for services. We are not responsible for circumstances beyond our control, including equipment failure, natural disasters, or delays caused by third-party vendors.
8. Dispute Resolution and Governing Law
Any disputes arising from these Terms & Conditions will be resolved through mediation under California law. If mediation fails, the matter will be settled in the courts of Alameda County, California.
9. Amendments to Terms
OCon Photography reserves the right to update these Terms & Conditions at any time, with changes taking effect upon publication on the website. Clients are advised to review the terms periodically.
10. Acceptance of Terms
By booking or using any OCon Photography service, clients acknowledge they have read, understood, and agreed to these Terms & Conditions.