Disclaimers
Booking
To secure your session date and time, a non-refundable deposit is required at the time of booking. The deposit amount varies depending on the type of session booked. Accepted forms of payment include Cash, Zelle, Apple Pay, or payment via the official website. Appointments without a deposit are not guaranteed and may be subject to cancellation without notice. A 24-hour grace period is provided to submit your deposit after the appointment is scheduled. Failure to remit the deposit within this timeframe will result in the automatic forfeiture of your appointment slot. Submission of a deposit constitutes full acceptance and agreement to all policies outlined by Marcus James Photography.For creative collaborations or projects involving no monetary compensation, Marcus James Photography retains exclusive and unrestricted rights to all images produced and reserves the right to use, distribute, publish, or sell said content at their sole discretion, without limitation or requirement for model/client approval.
Payment
All sessions must be paid in full no later than the end of the scheduled session. Payments can be made via Cash, Zelle, Apple Pay, or through the official website. Checks will not be accepted under any circumstances.Clients arriving more than 15 minutes late to a scheduled session will incur a $20 late fee, and session time will not be extended to compensate for the delay. This ensures fairness to both the client and other scheduled sessions.
Cancellation & Rescheduling Policy
All deposits are non-refundable and serve as a cancellation fee in the event of a no-show, client-initiated cancellation, or failure to prepare for the scheduled session.
To protect reserved session dates and scheduling availability, deposits are not returned once a booking is confirmed. However, with a minimum of 72 hours’ notice prior to the scheduled session, a one-time reschedule or deposit credit may be offered at the discretion of Marcus James Photography, based on availability.
If notice is given within 24 hours of the scheduled session, no refund or deposit credit will be issued. A one-time reschedule may be considered at the sole discretion of Marcus James Photography, based on availability within a 3-month window.
Refunds will not be issued for dissatisfaction based on personal preference, change of mind, scheduling conflicts, outfit issues, delayed or missing clothing deliveries, cap and gown delays, failure to prepare for the session, weather conditions beyond photographer control, or subjective concerns regarding appearance, posing, styling, or location preferences.
If a client’s outfit, graduation attire, or personal items do not arrive in time for the scheduled session, the non-refundable deposit still applies. Rescheduling may be offered based on photographer availability and existing rescheduling policies, but refunds will not be granted for client preparation delays.
Once a session has been completed and services have been rendered, payments made beyond the non-refundable deposit are generally non-refundable.
Once final images have been delivered, downloaded, shared, or publicly posted, all sales are final. No refunds, chargebacks, re-edits, or service disputes will be honored unless Marcus James Photography is unable to fulfill the agreed-upon service due to photographer fault.
Clients with a pattern of last-minute cancellations or no-shows may be permanently declined from booking future sessions.
Any partial refund issued is a voluntary courtesy and does not reflect any fault or service deficiency. Such refunds are final and formally conclude the session and any related claims.
Force Majeure / Photographer Liability
Marcus James Photography shall not be held liable for any failure to perform services where such failure is due to circumstances beyond reasonable control, including but not limited to: natural disasters, acts of God, pandemics, illness, equipment failure, emergency situations, or civil disturbances. In such cases, all funds paid will be refunded to the client, and no further liability or damages will be owed. Additionally, if photographic materials are damaged, lost, or rendered unusable due to technical issues (e.g., camera malfunction, memory card corruption, or postal errors), the liability of Marcus James Photography shall be limited to a full refund of all fees paid, and no further damages may be claimed.
Intellectual Property Rights & Usage
All photographs captured by Marcus James Photography are the exclusive intellectual property of the photographer and are protected under United States Copyright Law. Unless otherwise stated in writing, Marcus James Photography retains full copyright and ownership of all images, including the right to use images for promotional, marketing, advertising, portfolio, publication, and commercial purposes.Clients are granted personal usage rights only, which include the ability to download, share, and post their images for non-commercial use (e.g., social media, personal websites). Images may not be altered, sold, edited beyond basic cropping/filters, or used for third-party commercial purposes without express written consent from Marcus James Photography.Commercial licensing (including for brands, advertising, print, resale, merchandise, or digital marketing use) requires a separate licensing agreement and additional fee.
Model Release Agreement
By participating in a session, clients grant Marcus James Photography the right to photograph them and consent to the use and publication of any resulting images in connection with their business operations and brand identity. This includes, but is not limited to: social media platforms, websites, advertisements, and publications.
Client Behavior Clause
Marcus James Photography reserves the right to terminate any session immediately and without refund if the client or any accompanying individuals behave in a manner that is unsafe, disrespectful, threatening, disruptive, or in any way makes the photographer feel uncomfortable or compromised.
Editing and Retouching Policy
Final photos are edited and delivered at the sole discretion of Marcus James Photography.Clients are allowed one round of general revision requests (e.g., tone, lighting, cropping) per gallery. Requests must be submitted within 3 days of gallery delivery. Additional revisions may incur extra charges and are subject to approval. Marcus James Photography retains full discretion over final edits to preserve artistic integrity. Live editing sessions (including Zoom calls or screen sharing) are not included in any standard package. They are granted solely at the discretion of Marcus James Photography and, if provided, are done as a professional courtesy. These sessions may be billed depending on duration or complexity. RAW (unedited) files will not be released under any circumstances. Marcus James Photography retains full control over the editing process, final image selection, and delivery to preserve artistic and brand consistency.
Turnaround Time
Edited images are typically delivered within a specified turnaround time discussed at booking, depending on the nature of the session. Rush delivery may be available for an additional fee. Downloading the final gallery constitutes full acceptance of the delivered work. After files have been downloaded, no further revisions, refunds, or adjustments will be honored unless agreed to in writing. Clients are responsible for downloading and backing up all files upon receipt. Marcus James Photography does not guarantee long-term file storage beyond 30 days after delivery.
Minors Policy
For any sessions involving individuals under the age of 18, a parent or legal guardian must be present for the entire duration of the shoot. The guardian must also sign the model release on behalf of the minor.
General Disclaimer
Marcus James Photography reserves the right to refuse service to anyone for any reason at any time. Policies may be updated periodically as business needs evolve. Continued booking and use of services constitutes acceptance of the most current policy terms. Clients are expected to respond to communication within a reasonable timeframe during the editing process. Projects delayed due to client non-responsiveness beyond 3 days may be closed at the discretion of Marcus James Photography, and any further edits may require reopening fees.
Weather Policy
Outdoor sessions are subject to weather conditions and photographer discretion. If weather conditions are unsafe or unsuitable for quality results, Marcus James Photography reserves the right to reschedule the session at no additional charge. This includes heavy rain, severe wind, unsafe temperatures, or other conditions that may negatively impact safety or image quality. Weather-related reschedules determined by the photographer do not qualify as cancellations and do not forfeit deposits.
Delivery Acceptance
Upon final gallery delivery, clients are responsible for reviewing and downloading all files promptly. Downloading, sharing, or publicly posting delivered images constitutes full acceptance of the final work and completion of services. After acceptance, no refunds, re-edits, or service disputes will be honored unless otherwise agreed to in writing.
Creative Direction Disclaimer
While inspiration photos and client references are welcome, Marcus James Photography does not guarantee exact replication of poses, edits, lighting, locations, or concepts from reference images. Each session is approached with creative direction based on lighting conditions, location limitations, timing, and artistic judgment to ensure the strongest final result. Final creative decisions remain at the discretion of Marcus James Photography.
Guest Policy
To maintain a professional and productive environment, Marcus James Photography reserves the right to limit the number of non-participating guests during both outdoor and studio sessions. Excessive guests may disrupt workflow, affect session quality, and create unnecessary delays. If guests interfere with the session experience, they may be asked to step away or leave the shooting area. For studio sessions, guest limitations are strictly enforced to preserve space, safety, and professionalism.