Terms & Conditions
Effective Date: January 1, 2026 | Last Updated: March 2026
By booking or using any services provided by ClaxTheJack Photography, you agree to the following Terms & Conditions in full.
1. Services
ClaxTheJack Photography ("Photographer") provides event photography, portrait, headshot, and branding photography services. The specific scope of services for each booking will be outlined in the applicable package description or written service agreement.
Coverage concludes once Photographer has reasonably captured the key portions of the session or event, as determined by Photographer's professional judgment. Photographer is not responsible for missed or compromised coverage caused by interference from attendees, vendors, venue staff, lighting conditions, venue restrictions, or any circumstances beyond Photographer's reasonable control.
2. Geographic Scope
Photographer primarily serves the Austin, Texas area. Travel to locations outside of the greater Austin area may be subject to additional travel fees, which will be disclosed in writing prior to booking confirmation.
3. Booking & Confirmation
• All bookings must be confirmed in writing via email or through our official booking platform
• Availability is not guaranteed until written confirmation is received from Photographer
• Client must provide full event or session details at least seventy-two (72) hours prior to the scheduled date
• Photographer reserves the right to decline any booking at its discretion
4. Payment
• Payment is due within seven (7) days after each session or event unless otherwise agreed in writing
• No images, edited files, or usage license will be delivered until full payment is received
• Photographer may require a non-refundable booking fee to secure a date
• Payments are processed through Wix Payments. By completing payment, you agree to Wix Payments' terms of service
• Overdue payments beyond fourteen (14) days may be subject to a late fee of 10% of the outstanding balance
5. Pricing & Rate Changes
Quoted rates are locked in for the duration of a confirmed booking. Photographer reserves the right to update pricing for future bookings at any time. Rate changes will not affect already-confirmed engagements unless the scope of services materially changes.
6. Cancellation & Rescheduling
Cancellations by Client:
• Booking fees are non-refundable under any circumstances
• Cancellations made more than seven (7) days before the session: booking fee forfeited, remaining balance (if any) refunded
• Cancellations made within seven (7) days of the session: up to 50% of total session fee may be retained
• Cancellations made within forty-eight (48) hours of the session: full payment may be retained
• Cancellations due to weather, attendance changes, venue issues, or internal Client decisions do not entitle Client to a refund beyond the above tiers
Cancellations by Photographer:
• In the event Photographer must cancel due to illness, emergency, or force majeure, Photographer will make reasonable efforts to reschedule at no additional cost
• If rescheduling is not possible, all amounts paid (excluding any third-party fees) will be refunded
Rescheduling:
• Rescheduling requests must be made in writing and are subject to Photographer's availability
• Rescheduling does not reset payment deadlines or booking fee terms
• Rescheduling requests made within forty-eight (48) hours of the session may be treated as a cancellation
7. Delivery
• Final edited images will be delivered within seven (7) to fourteen (14) days after full payment is received
• Images are delivered via a digital gallery link
• The number of delivered images varies by package and will be outlined at the time of booking. Image counts are not guaranteed beyond what is specified in the applicable package description.
• RAW files, unedited images, previews, or proofs are not provided unless specifically agreed in writing
• Any previews or proofs provided, if any, remain watermarked and may not be used, shared, or distributed
8. Copyright & Ownership
All photographs produced by Photographer remain the exclusive intellectual property of ClaxTheJack Photography under U.S. Copyright Law, regardless of payment status.
Upon receipt of full payment, Client receives a non-exclusive, non-transferable license to use delivered images for personal, marketing, social media, website, and internal business purposes. Client may not:
• Sell or license images to third parties
• Submit images to stock photography platforms
• Apply heavy filters, overlays, or edits that materially alter Photographer's work
• Transfer usage rights to any other individual or entity
Any use outside this license requires prior written consent from Photographer.
9. Photographer Usage Rights
Photographer reserves the right to use any images produced under this agreement for portfolio display, website, social media, advertising, editorial submissions, competitions, and self-promotional purposes, without additional approval, compensation, or notice to Client.
If Client requires images to be kept confidential or private, this must be requested in writing prior to the session. Confidentiality restrictions may affect Photographer's ability to accept the booking.
10. Model Release & Event Consent
By booking services for an event or group session, Client acknowledges that attendees and other individuals may appear in photographs. Client is solely responsible for obtaining any necessary permissions, model releases, or consents from attendees prior to the event. Photographer is not liable for any claims arising from Client's failure to obtain such permissions.
11. Limitation of Liability
Photographer's total liability for any claim arising from services provided under these Terms shall not exceed the total amount paid by Client for the specific session or event in question.
Photographer is not liable for:
• Indirect, incidental, or consequential damages of any kind
• Loss of business, revenue, or opportunity
• Missed shots due to event flow, lighting, venue restrictions, or guest interference
• Equipment failure caused by circumstances beyond Photographer's reasonable control
• Image loss due to memory card failure, file corruption, or other technical failures beyond Photographer's control, provided Photographer takes reasonable precautions
12. Indemnification
Client agrees to indemnify, defend, and hold harmless ClaxTheJack Photography, its owner, and any agents from and against any claims, damages, losses, liabilities, and legal expenses (including attorney's fees) arising out of or related to: Client's use of delivered images beyond the granted license, Client-hosted events, or Client's failure to obtain required permissions or releases.
13. Independent Contractor
Photographer operates as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Photographer and Client.
14. Force Majeure
Photographer shall not be liable for failure or delay in performance caused by circumstances beyond reasonable control, including but not limited to natural disasters, acts of government, pandemics, severe weather, or infrastructure failures.
15. File Retention
Photographer is not obligated to retain any image files beyond ninety (90) days after final delivery. Clients are responsible for backing up and preserving their delivered images after receipt.
16. Dispute Resolution
In the event of a dispute, the parties agree to first attempt good-faith informal resolution by contacting Photographer directly. If informal resolution fails, disputes shall be governed by the laws of the State of Texas, with venue in Travis County, Texas.
17. Modifications to Terms
Photographer reserves the right to update these Terms & Conditions at any time. Updated terms will be posted to the website with a revised effective date. Bookings confirmed prior to any update remain governed by the terms in effect at the time of confirmation.
18. Entire Agreement
These Terms & Conditions, together with any written service agreement or booking confirmation, constitute the entire agreement between Photographer and Client with respect to the services provided. They supersede all prior discussions, representations, or agreements.
19. Contact
ClaxTheJack Photography
Email: claxthejack@gmail.com
Phone: 512-846-3512