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Terms & Conditions

Terms and Conditions

Last Updated: May 8, 2026

Welcome to Cara Mack Photography, operated by Cara Mack, a New Jersey-based photographer. These Terms and Conditions govern your access to and use of the Website, booking of photography services, purchase of digital images, prints, and related products.

By accessing or using the Website, or by booking services or making a purchase, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
 

1. Eligibility and Use of the Website

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Website or purchase our services/products. By using the Website, you represent and warrant that you meet this eligibility requirement.

I grant you a limited, personal, non-exclusive, non-transferable license to access and use the Website for personal and business purposes in accordance with these Terms. You may not use the Website for any unlawful purpose or in any way that could harm, disable, or impair the Website.
 

2. Services and Offerings

I provide professional photography services (including branding, portraits, headshots, and related sessions) and sell digital images and print products. All services and products are subject to availability and our separate booking/contract terms.

I reserve the right to modify, suspend, or discontinue any aspect of our services, products, pricing, or offerings at any time without prior notice. I shall not be liable to you or any third party if we exercise this right.
 

3. Ordering, Payments, and Pricing

  • Payment Methods: I accept major credit cards, debit cards, Venmo, PayPal, check, cash, or bank transfers. All payments are processed securely through PayPal.

  • Full or partial payment (deposit) is required to book a session or purchase products. Specific payment schedules are outlined in your booking confirmation or invoice.

  • Prices are in U.S. Dollars and subject to change. Taxes (including New Jersey sales tax where applicable) will be added at checkout.

  • You authorize me to charge the payment method provided for any amounts due.

Cancellations and Refunds: Session deposits are generally non-refundable, but may be rescheduled subject to my policies. Print and product orders are final once production begins. Specific policies are provided in your service agreement.
 

4. Intellectual Property and Copyrights

All photographs, images, and related works created by me are my intellectual property and are protected by United States copyright law. I retain full copyright ownership of all images unless a written transfer agreement is executed.

  • Client License: Upon full payment, I grant you a limited, non-exclusive, non-transferable license to use the delivered digital images or prints for personal or commercial purposes as specified in your invoice or license agreement (e.g., branding, social media, personal prints). This license does not include the right to sell, sublicense, or distribute the images to third parties, modify them beyond basic editing I approve, or claim authorship.

  • You may not remove watermarks, metadata, or copyright notices without permission.

  • Unauthorized use (including reproduction, AI modification, distribution, or public display beyond the granted license) may result in legal action and additional licensing fees.

  • For images containing individuals, separate model releases or usage permissions may apply.

I respect the intellectual property of others. If you believe content on our Website infringes your copyright, please contact me with the required DMCA information.
 

5. Warranties and Disclaimers

  • My Services: I warrant that my photography services will be performed in a professional manner consistent with industry standards.

  • Products: Prints are warranted against manufacturing defects for [e.g., 30 days] from delivery. This does not cover normal wear, damage after delivery, or improper handling.

  • No Other Warranties: EXCEPT AS EXPRESSLY STATED, ALL SERVICES AND PRODUCTS ARE PROVIDED “AS IS.” I DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

I do not guarantee that every image will meet your exact expectations or that specific shots will be captured (e.g., due to weather, subject behavior, or lighting conditions). Final image selection is at my discretion unless otherwise agreed in writing.
 

6. Accounts and Termination

If you create an account or client portal on www.caramackphotography.com, you are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

I reserve the right, at my sole discretion, to suspend or terminate your account, access to the Website, or any pending orders at any time and for any reason, including if I believe you have violated these Terms, engaged in inappropriate conduct, or failed to make payments. Upon termination, any licenses granted to you cease, and you must stop using my images except as permitted by prior written agreement.
 

7. Limitation of Liability

To the fullest extent permitted by New Jersey and federal law, I shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website, my services, or products. My total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
 

8. Indemnification

You agree to indemnify and hold me harmless from any claims, damages, losses, and expenses (including attorney fees) arising from your misuse of images, violation of these Terms, or infringement of third-party rights.
 

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey and applicable federal law, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Passaic county, New Jersey.
 

10. Changes to These Terms

I may update these Terms from time to time. I will notify you of material changes by posting the new Terms on the Website and updating the “Last Updated” date. Your continued use constitutes acceptance of the revised Terms.
 

11. Privacy

Your privacy is important to me. Please review our separate [Privacy Policy] for details on how I collect, use, and protect your information.
 

12. Miscellaneous

  • These Terms constitute the entire agreement between you and I regarding the Website and supersede prior understandings.

  • If any provision is held invalid, the remainder remains in effect.

  • My failure to enforce any right does not waive that right.

  • You may not assign your rights under these Terms without my consent.
     

Contact Me

If you have any questions about these Terms, please contact me at: admin@caramackphotography.com

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