Terms & Conditions

Last Updated: May 1, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website or services offered by Digital Exhibit ("us", "we", or "our"). Your access to and use of our services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use our services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access our services.

1. Website Usage

1.1 Account Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access our services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

1.2 Acceptable Use

You agree not to use our services:

• In any way that violates any applicable national or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation
• To impersonate or attempt to impersonate Digital Exhibit, a Digital Exhibit employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our services, or which may harm Digital Exhibit or users of our services
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our services, the server on which our services are stored, or any server, computer, or database connected to our services

1.3 Content

Our services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content that you post, including its legality, reliability, and appropriateness.

By posting content through our services, you represent and warrant that:

• The content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms
• The posting of your content on or through our services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person

We reserve the right to remove any content that, in our judgment, does not comply with these Terms, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

2. Photography Services

2.1 Booking and Deposits

Photography services are confirmed only upon receipt of a signed contract and the specified deposit amount. Dates and times are reserved on a first-come, first-served basis. Deposits are non-refundable as they secure your date and prevent us from booking other clients for that time.

2.2 Cancellation and Rescheduling

Cancellations must be submitted in writing. If you cancel your session:

• More than 30 days before the scheduled date: You forfeit the deposit
• 15-30 days before the scheduled date: You are responsible for 50% of the total session fee
• Less than 15 days before the scheduled date: You are responsible for the full session fee

Rescheduling requests are subject to our availability. A rescheduling fee may apply.

2.3 Image Delivery

We will make every effort to deliver your images within the timeframe specified in your contract. Typical delivery times are:

• Portrait sessions: 2-3 weeks
• Weddings and events: 4-6 weeks
• Commercial projects: As specified in the project contract

Delivery timelines may be extended during peak seasons or due to circumstances beyond our control.

2.4 Image Selection and Editing

We will use our professional judgment to select and edit the best images from your session. The number of delivered images will be approximately as specified in your package, but the exact number may vary based on the session length and circumstances.

Basic editing (color correction, exposure adjustment, cropping) is included in all packages. Extensive retouching (skin smoothing, object removal, composite images) may incur additional fees unless specifically included in your package.

3. Intellectual Property

3.1 Copyright Ownership

Digital Exhibit retains copyright ownership of all images created during your session. When you purchase digital images or prints, you are purchasing a license to use the images, not the copyright to the images themselves.

3.2 Client Usage License

When you purchase digital images, you receive a personal, non-exclusive, non-transferable license to:

• Print the images for personal use
• Share the images on personal social media accounts with appropriate credit
• Use the images for personal purposes (holiday cards, personal websites, etc.)

You may not:

• Sell the images or use them for commercial purposes (unless a commercial license is purchased)
• Submit the images to contests, publications, or other venues without our written permission
• Edit the images beyond basic cropping for social media
• Remove watermarks or photographer credit from any images
• Transfer your license to another person or entity

3.3 Photographer's Usage Rights

Unless otherwise specified in writing, you grant Digital Exhibit permission to:

• Use images from your session in our portfolio, website, social media, and marketing materials
• Submit images from your session for contests, publications, and other promotional opportunities
• Display your images in our studio and at industry events

If you wish to restrict our usage of your images, please discuss this with us before your session. Additional fees may apply for restricted usage rights.

3.4 Website Content

All content on our website, including text, graphics, logos, images, and software, is the property of Digital Exhibit or our content suppliers and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.

4. Limitation of Liability

4.1 Photography Services

While we take the utmost care with all photography sessions and the processing of photographs, the entire liability of Digital Exhibit to you in respect of any breach of these terms and conditions shall be limited to the total fee paid by you. We will not be liable for:

• Missed images due to obstruction by guests or venue staff
• Loss or damage to images due to equipment failure, though we take reasonable precautions to prevent this
• Circumstances beyond our control that prevent us from fulfilling our obligations (illness, extreme weather, natural disasters, etc.)
• Color variations between prints and digital images, or between prints from different labs
• Personal dissatisfaction with posing, composition, or styling decisions

4.2 Website Usage

In no event will Digital Exhibit, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our website, services, content on our website, including any direct, indirect, special, incidental, consequential, or punitive damages.

5. Indemnification

You agree to defend, indemnify, and hold harmless Digital Exhibit, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services.

6. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at Privacy Policy.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

8. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our services.

9. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10. Entire Agreement

These Terms constitute the entire agreement between you and Digital Exhibit regarding our services and supersede any prior agreements we might have had between us regarding the services.

11. Contact Us

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