This document serves as a binding agreement between visitors, users, members, and customers, hereby identified as “the Client,” and Marcus Folk Photography and its agents, owners, employees, and subcontractors, hereby identified as “the Company,” for the execution of services in exchange for payment for photos, videos, and other written content involved in subscription services on https://www.marcusfolkphotography.com/.
Permissions.
The Client or his/her agent agrees to allow the Company to collect information, age verification, and make requests under the website’s privacy policy. The Client understands that there is no set time frame for the completion of services and that several messages or request for information may be required. The Company also has permission to contact the Client to assess service needs, as well as to check completion after services have been rendered or to market to the Client for future content, products, or memberships.
The Client agrees to allow the Company to verify the age of the Client upon signing up for membership through payment information. The Client agrees to discontinue accessing the website if they are not above the required age for their access or violate the website terms of services, privacy policy, or licensing agreement. The Client or his/her agent agrees to abide by these terms for all products and services accessed or purchased on this website.
Acknowledgment of Risks and Releases of Liability.
The Client understands and acknowledges that visiting the website and utilizing their membership has low risk and releases the Company from any injury, liabilities, or adverse actions while using the website. It is the responsibility of the Client to ensure that accessing the site and member areas is safe, private, and responsible. The Client will ensure any username and passwords remain secret and private as well as personal to their use and not shared with any person or entity other than for the Client’s use.
The client holds themselves responsible for making decisions about their site access, assumes all risks, and takes responsibility for any damage that may occur while visiting this website. The client also agrees to release the Company of any or all liability for injuries sustained due to their use of the website. By accessing and using our website and services, the Client agrees to the following responsibilities:
1. Website Usage
- You agree to use our website only for lawful purposes and in a manner that does not infringe on the rights of, restrict, or inhibit anyone else’s use and enjoyment of the site.
- You are responsible for ensuring that any information you provide on the website is accurate, current, and complete.
- You will not attempt to gain unauthorized access to any portion of the website, other user accounts, or networks connected to the website, through hacking or any other illegitimate means.
2. Purchases and Licensing
- When purchasing or licensing media (including but not limited to photographs, videos, written content, and other digital content) from our website, you are responsible for reviewing and adhering to the licensing agreement specified at the time of purchase.
- You agree not to reproduce, distribute, modify, resell, or publicly display any purchased media without written permission or a valid extended license from Marcus Folk Photography.
- You understand that standard purchases have a download limit of five and grant limited, non-exclusive, non-transferable rights for personal or commercial use as specified, and all copyright and ownership remain with the photographer unless otherwise stated in a written agreement. All purchases are subject to applicable copyright law of the United States of America and the websites licensing agreement.
3. Member Services and Account Use
- If you register for a membership, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. All users on this website must be over the age of 13 and members must be over the age of 18.
- You agree not to share your account or grant access to member-exclusive content or services to anyone without written consent from Marcus Folk Photography.
- You will not misuse membership benefits or content, including unauthorized redistribution or downloading of protected materials.
- You acknowledge that failure to comply with these terms may result in the suspension or termination of your membership, without refund.
4. Communication and Conduct
- You agree to interact respectfully and professionally with our staff and other members, both online and during any in-person services or events.
- Any form of abusive, threatening, or inappropriate behavior may result in the denial of service and termination of access to our platform.
Exclusions.
1. Unforeseen Technical Issues.
- We are not responsible for temporary unavailability of the website or services due to maintenance, server failures, cyberattacks, or other technical issues beyond our control.
- We do not guarantee that the website will be free from errors, viruses, or other harmful components, though we take reasonable precautions to ensure security and performance.
2. Third-Party Links and Services.
- Our website may contain links to third-party websites or services that are not owned or operated by us. We do not endorse or assume any responsibility for the content, practices, or privacy policies of these external websites or services.
- Any transactions or interactions you have with third parties are solely between you and the third party.
3. Misuse of Media.
- We are not liable for any misuse, unauthorized reproduction, or distribution of our media by clients or third parties, whether intentional or unintentional.
- Clients are solely responsible for adhering to all licensing agreements, restrictions, and applicable intellectual property laws associated with media purchased or accessed through our website.
4. Subjective Expectations.
- Photography is a creative and interpretive art. While we strive to meet client preferences and expectations, we make no guarantees regarding specific artistic outcomes, emotional impact, or subjective satisfaction.
- We are not responsible for dissatisfaction based on stylistic preferences if our work reflects the quality and style demonstrated in our portfolio and agreed upon prior to the shoot or service.
5. Loss or Damage Beyond Our Control.
- We are not responsible for the loss of digital files, delayed delivery, or damage to media resulting from acts of nature, theft, accidents, equipment failure, or other events beyond our reasonable control.
- Clients are advised to create backups of any digital files received. We do not guarantee indefinite storage of images after delivery unless otherwise stated in writing.
6. Personal Circumstances and Cancellations.
We are not responsible for client cancellations due to personal emergencies, scheduling conflicts, or dissatisfaction unrelated to our service performance. Cancellation policies are outlined separately in the Cancellation and Refunds section of this agreement.
7. Legal Compliance in Client Use.
We are not liable for any legal consequences resulting from the client’s use of our media in a manner that violates laws, regulations, or platform guidelines (e.g., advertising, commercial, or public use that infringes on others’ rights).
Guarantee Information.
Marcus Folk Photography, and this website, strives to deliver high-quality photography services and media that align with the style, quality, and standards presented in our portfolio and discussed with the client in advance. However, due to the artistic nature of photography, we do not offer absolute guarantees on specific outcomes, emotional reactions, or individual preferences. We guarantee that services will be delivered with professionalism, technical skill, and within the scope agreed upon at the time of booking. Any technical errors or issues resulting in unusable media, when proven to be the fault of our equipment or personnel, will be resolved through rescheduling, re-editing, or partial refund at our discretion.
The Company expressly disclaims all warranties, express or implied, and does not provide or give any implied warranty of merchantability and does not give any implied warranty of fitness for a particular purpose. The Client must adhere to the terms and services to qualify for guarantee claims. Failure to comply with these terms may void the guarantee. All work shall be governed by the laws of the State of Illinois and the United States of America.
Force Majeure.
The Company acknowledges that certain circumstances beyond our control, such as natural disasters, severe weather events, government restrictions, pandemics, power outages, equipment failure, labor strikes, civil unrest, or other force majeure events, may impact the ability to provide services as scheduled. In the event of a Force Majeure Event, we will make reasonable efforts to reschedule or resume services as soon as possible, but clients acknowledge that such events release both parties from liability or obligation for any damages resulting from the delay or non-performance.
Clients are encouraged to provide advance notice if rescheduling is necessary due to a Force Majeure Event. Rescheduling requests will be accommodated based on availability, and no rescheduling fee will be applied. The Company will work with the Client to ensure that rescheduling is the best fit for all parties.
Media Release.
The Client agrees to allow Company to utilize any photos, descriptions, reviews, quotes, or videos of their event and/or the Client and their guests in the context of marketing or advertising for the Company. The company will use the items described in this section without any compensation to the Client. The Client agrees not to seek punitive action in a civil court of law regarding the development, display, reproduction, or printing of the above examples of media. This does include the use of photos, testimonials, and videos posted or displayed on online venues such as social media and or the Company’s website.
Corrections of Damages
Folk Media Photography shall only be obligated under any contract or receipt for damages that are a direct result of operator error, gross negligence, or willful misconduct. Damages must be discovered and reported within three calendar days of completion of products or services. Upon receipt of written notice, the Company shall be allowed 30 calendar days from the date of receipt to inspect the damages. Folk Media Photography shall have the sole option of repairing or contracting repair work to correct any damages that are a direct result of the Company. The Client will provide access and information necessary to determine the extent of damages and to determine remedies the Company will take.
In the event of a dispute, the Client is encouraged to communicate their concerns within 72 hours of the invoice to the Company. Notwithstanding any other provision to the contrary, the maximum amount of the Company’s liability to a customer or any other person for any damage, harm, injury, or loss of any type shall be the “TOTAL PRICE” paid by the Client. The Client understands and agrees that the Company is not responsible for violations identified in “Acknowledgment of Risks and Releases of Liability.” If a satisfactory resolution is not achieved through direct communication, both parties will agree to engage in mediation by a neutral third party to resolve the dispute amicably.
If a suit is used to resolve disputes above mediation, the Client agrees that sixty (60) days before a customer files any suit or takes legal, equitable, or other action against the Company, the Client is required to provide written, clear notice of all issues, concerns, problems, and allegations or actual or possible wrongdoing by the Company and provide a detailed amount of any monetary and other damages claimed. Any suit brought relating to or connected with the acts or omissions by the Company related to the formation, performance, work, payment, or otherwise under this Agreement may only be brought in the courts of Rock Island County, Illinois.
If the Client files suit against the Company and does not prevail and recover damages as he, she, it, or they set forth herein, on every claim asserted, the Client agrees to pay the Company its reasonable attorney fees and expenses for defending such suit. If the Company files suit for the Client’s failure to pay the “TOTAL PRICE” set forth herein or otherwise, the Client shall pay the Company its reasonable attorney fees and expenses for defending such suit.
Payment Terms.
By purchasing services or media on this website, the Client agrees to the following payment terms:
1. Accepted Payment Methods.
All payments must be made in U.S. dollars (USD). You are responsible for ensuring that your chosen payment method is authorized, active, and capable of completing the transaction. We accept the following secure and verified methods of payment:
- Stripe
- PayPal
- Venmo
- Cash App
2. Deposits and Balances.
- For all custom photography services, a non-refundable deposit of 25% of the total service fee is required to reserve your session date. This deposit will be applied toward your final balance.
- The remaining balance is due 24 hours after the time-of-service completion, unless otherwise specified in writing.
- For online media purchases, payment is required in full at the time of checkout. Digital downloads are delivered upon successful transaction processing.
3. Taxes and Fees.
- Prices listed include sales tax, if applicable.
- Some payment platforms (e.g., PayPal or Stripe) may include processing fees, which may be added to your total depending on the payment method chosen.
4. Security.
All transactions processed are encrypted and secured through industry-standard SSL technology. The Company will not store your payment information on its servers if using a third-party payment option. The Company may store payment information for validation, faster services, and age verification for our members.
Collection of Outstanding Debt.
The Company will communicate through invoices on the website upon purchase of products or services. If the Client experiences difficulties in making timely payments, they are encouraged to contact the Company within 24 hours to discuss alternative arrangements. The Company will assess a late fee of 10% on the Client’s invoice each month after 24 hours from the date of the invoice.
The Company reserves the right to attach a lien against a client’s property for non-payment. At 30 days past due, a formal notice of intent to file this lien will be sent via registered mail. The interest rate of 10% per month begins accruing after day 31 of non-payment. The Company also reserves the right to enter into civil claims court to collect outstanding debt. All legal fees incurred will be added to the remaining unpaid balance. This contract is binding.
Cancellation and Refunds.
Clients may cancel a scheduled session or service by providing written notice to Marcus Folk Photography over 48 hours before the event or service requested. Cancellations made within the allowed time frame may be eligible for a full or partial refund, depending on the nature of the booking and any preparatory work already completed. Cancellations made less than 48 hours before a scheduled session may incur a cancellation fee of 10% or no refund based on the situation. In the rare event that we must cancel a session; clients will receive a full refund or the opportunity to reschedule at no additional cost.
No refunds will be issued for digital purchases once the product or services have been delivered. No refunds will be issued for members canceling their membership before their membership time is completed. If the Client is billed monthly or annually, they are responsible for maintaining their membership and following these terms for that time period regardless of notice to not renew their membership. Folk Media Photography reserves the right to provide refunds for time not used in a membership upon written request from the member.
Modification of Terms.
The Company reserves the right to modify these terms and conditions. The Client will not be notified of any changes in advance as the most recent version of the terms and conditions will be made available on the website. Continued use of the Company services after changes to the terms and conditions implies acceptance of the modified terms. These are the complete terms between the parties. Except as set forth herein, there are no other terms or conditions unless signed by both parties in writing.
Confidentiality.
The Company is committed to protecting the confidentiality of the Client’s information. Any information shared during the service provision, including personal details and client contact information, will be treated with the utmost confidentiality, except as stated herein and above. Client information will be used to provide the agreed-upon services and marketing as outlined in our Privacy Policy.
Agreement to Terms.
By using the Company website, the Client agrees that all the specifications and conditions are satisfactory and hereby accepted. The Client authorizes Folk Media Photography to do the work as specified on the invoice or they accept the product ordered as displayed.
