TERMS OF SERVICE

Effective Date: November 2025

1. Introduction

Welcome to Isabela Rosa Photography ("we," "our," "us," or "Photographer"). These Terms of Service ("Terms") govern your use of our website www.isabelarosaphotography.com (the "Site") and the photography services we provide (the "Services").

By accessing or using our Site or Services, you ("you," "your," or "Client") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.


2. Services Offered

Isabela Rosa Photography provides professional photography services, including but not limited to:

  • Wedding photography

  • Engagement sessions

  • Portrait photography

  • Event photography

  • Other photography services as agreed upon with the Client

The specific details of the Services, including dates, locations, hours of coverage, deliverables, and pricing, will be outlined in a separate service agreement or contract executed between the Photographer and the Client.


3. Booking and Deposits

3.1 Booking Process

To book our Services, you must:

  1. Complete an inquiry form or contact us directly

  2. Schedule a discovery call or consultation (if applicable)

  3. Review and sign a service agreement or contract

  4. Pay the required deposit to secure your date

3.2 Deposits

A non-refundable deposit is required to secure your booking. The deposit amount will be specified in your service agreement. By paying the deposit, you acknowledge and agree that:

  • The deposit is non-refundable and serves to compensate the Photographer for reserving your date and turning down other potential clients

  • The deposit will be credited toward the total fees payable under your service agreement

3.3 Payment Terms

Payment terms, including due dates and accepted payment methods, will be outlined in your service agreement. Late payments may be subject to additional fees as specified in your agreement.


4. Cancellations and Rescheduling

4.1 Cancellation by Client

If you need to cancel your booking, you must notify us in writing at least 30 days before your scheduled event date. Please note:

  • Cancellations made with less than 30 days' notice will result in forfeiture of all fees paid, unless otherwise agreed in writing

  • The deposit is non-refundable under all circumstances

4.2 Rescheduling by Client

If you need to reschedule your event, please notify us as soon as possible. We will make reasonable efforts to accommodate your new date, subject to availability. If we are unable to accommodate your rescheduled date, the cancellation policy in Section 4.1 will apply.

4.3 Cancellation by Photographer

If the Photographer is unable to fulfill the Services due to circumstances beyond our control (such as illness, extreme weather, emergencies, or force majeure events), we will:

  • Make reasonable efforts to arrange for a qualified replacement photographer, subject to your consent

  • If no suitable replacement can be arranged, we will refund all payments made by you, with no further liability or obligation


5. Client Responsibilities

As the Client, you agree to:

5.1 Provide Accurate Information

Provide complete and accurate information about your event, including dates, times, locations, contact details, and any special requests or requirements.

5.2 Obtain Required Consents

Ensure that all necessary consents have been obtained, including:

  • Consent from venues or event locations for the Photographer to provide Services

  • Consent from event attendees (if required) for photography and use of images

5.3 Coordinate and Communicate

  • Provide a detailed event timeline and shot list (if applicable)

  • Designate a point of contact for the event day

  • Communicate any changes to event details as soon as possible

  • Ensure the Photographer has access to necessary areas and cooperation from event staff and attendees

5.4 Meals

If the Services exceed 4 hours in duration, you agree to provide a meal for the Photographer and any assistants or provide reimbursement for reasonable meal expenses.

5.5 Travel Expenses

Services include travel within East Falmouth, MA. For locations outside this area, you will be responsible for travel expenses (mileage, tolls, parking, etc.), which will be communicated in advance.


6. Photographer Responsibilities

As the Photographer, we agree to:

6.1 Provide Professional Services

  • Perform the Services in a timely, professional, and safe manner

  • Use high-quality equipment and backup systems

  • Deliver edited digital images in high resolution within the timeframe specified in your service agreement (typically 30 days)

6.2 Artistic Control

The Photographer retains full artistic control over the Services and final Work Product. You acknowledge that:

  • You have reviewed the Photographer's portfolio and expect the Services to be delivered in a similar style

  • The Photographer will use their artistic judgment and have final say on aesthetic direction

  • Disagreement with the Photographer's artistic choices is not grounds for termination or refund

6.3 Equipment

The Photographer will provide all necessary photography equipment. You are not required to supply any equipment.


7. Delivery of Work Product

7.1 Timeline

Edited digital images will be delivered within 30 days after your event, unless otherwise specified in your service agreement. The Photographer may deliver earlier but cannot guarantee expedited delivery without prior agreement.

7.2 Online Gallery

Images will be delivered through a private online gallery for viewing, downloading, and sharing. Gallery access will remain available for 60 days from the date of delivery. After 60 days, access may be revoked, and a $50 fee may apply for resending images or extending gallery access.

7.3 Backup and Storage

While the Photographer maintains backup systems during production, it is your responsibility to download and securely store your images after delivery. The Photographer is not responsible for loss of images after the 60-day gallery access period.


8. Copyright and Usage Rights

8.1 Photographer's Copyright

The Photographer retains full ownership and copyright of all images created under this Agreement (the "Work Product"). This includes all rights to use, reproduce, distribute, display, and modify the images for any purpose.

8.2 Photographer's Right to Use Images

You grant the Photographer permission to use the Work Product for promotional and marketing purposes, including but not limited to:

  • Website and online portfolio

  • Social media posts and advertising

  • Printed marketing materials (brochures, business cards, etc.)

  • Submissions to photography competitions, publications, or blogs

  • Any other promotional use

If you prefer that your images not be used for promotional purposes, you may request this in writing at the time of booking. Please note that such requests may affect pricing.

8.3 Client's Limited License

The Photographer grants you a limited, non-exclusive, royalty-free license to use the final edited images for personal purposes only. Personal use includes:

  • Sharing on personal social media (credit appreciated)

  • Printing for personal use (albums, framed prints, etc.)

  • Personal communications (holiday cards, emails, etc.)

You may NOT:

  • Use the images for commercial purposes without prior written permission

  • Resell, license, or distribute the images to third parties

  • Alter, edit, or modify the images (filters and cropping for social media are acceptable)

  • Remove watermarks or copyright information

  • Claim ownership or copyright of the images

8.4 Third-Party Use

You are responsible for ensuring that any third parties (such as print labs, designers, or publishers) who receive the images comply with these usage restrictions.


9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, the Photographer's total liability arising out of or related to the Services or Work Product shall not exceed the total fees paid by you under your service agreement.

9.2 No Liability for Unforeseen Circumstances

The Photographer will not be held liable for:

  • Delays in delivery due to unforeseen circumstances (technological malfunctions, service interruptions, etc.)

  • Inability to capture specific shots due to circumstances beyond the Photographer's control (uncooperative event conditions, venue restrictions, inadvertent camera flashes by guests, etc.)

  • Loss or corruption of images due to equipment failure, provided the Photographer has used reasonable backup systems

9.3 Force Majeure

Neither party shall be held liable for delays or failure to perform due to force majeure events, including but not limited to:

  • Illness, injury, or medical emergencies

  • Extreme weather or natural disasters

  • Acts of terrorism or war

  • Pandemics or public health emergencies

  • Government orders or restrictions

If a force majeure event prevents the Photographer from performing the Services, the remedies outlined in Section 4.3 (Cancellation by Photographer) will apply.

9.4 Indemnification

You agree to indemnify, defend, and hold harmless the Photographer from any claims, damages, liabilities, or expenses (including legal fees) arising out of or related to:

  • Your use of the Services or Work Product

  • Your breach of these Terms or your service agreement

  • Any injury, property damage, or other harm caused by your actions or the actions of your guests


10. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of Isabela Rosa Photography or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, reproduce, distribute, or display any content from the Site without prior written permission

  • Use any trademarks, logos, or branding without authorization

  • Reverse engineer, decompile, or disassemble any software or technology used on the Site


11. User Conduct

When using our Site or Services, you agree to:

  • Provide accurate and truthful information

  • Not engage in any unlawful, fraudulent, or harmful activity

  • Not upload or transmit any viruses, malware, or other harmful code

  • Not interfere with the operation of the Site or Services

  • Not impersonate any person or entity

  • Respect the privacy and rights of others

We reserve the right to suspend or terminate your access to the Site or Services if you violate these Terms.


12. Third-Party Services

Our Site and Services may integrate with or link to third-party platforms, including:

  • Payment processors (Stripe)

  • CRM and booking systems (GoHighLevel)

  • Email and cloud storage (Google Workspace)

  • Analytics tools (Google Analytics)

  • Social media platforms

We are not responsible for the privacy practices, terms, or content of these third-party services. Your use of third-party services is subject to their respective terms and privacy policies.


13. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.


14. Dispute Resolution

14.1 Governing Law

These Terms and any disputes arising out of or related to the Services or Site shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

14.2 Informal Resolution

Before initiating any formal legal action, the parties agree to attempt to resolve any disputes informally by contacting each other in good faith.

14.3 Arbitration

If the parties are unable to resolve a dispute informally, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Massachusetts, and the decision of the arbitrator shall be final and binding.

14.4 Class Action Waiver

You agree to resolve any disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.


15. Modifications to Terms

We reserve the right to modify or update these Terms at any time. If we make material changes, we will notify you by:

  • Posting the updated Terms on our Site with a new "Effective Date"

  • Sending an email notification (if you have provided your email address)

Your continued use of the Site or Services after the updated Terms take effect constitutes your acceptance of the changes.


16. Severability

If any provision of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.


17. Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and Isabela Rosa Photography regarding the Services and supersede all prior agreements and understandings.


18. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Isabela Rosa Photography
Email: [email protected]
Phone: (978) 493-2887