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Terms of Service

 

Effective Date: August 13, 2026

 

These Terms of Service (“Terms”) govern your use of calvinpennickjrphotography.com (the “Website”) and any related services offered by Calvin Pennick JR Photography (“Company,” “we,” “our,” or “us”).

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By accessing the Website, submitting an inquiry, booking a session, purchasing services, or communicating with us, you agree to these Terms. If you do not agree, do not use the Website.

 

1. Use of the Website

 

You may use the Website only for lawful purposes and in accordance with these Terms.

 

You agree not to:

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  • Use the Website in any way that violates applicable law

  • Submit false, misleading, fraudulent, or harmful information

  • Attempt to gain unauthorized access to the Website or related systems

  • Interfere with Website security or functionality

  • Copy, scrape, reproduce, or exploit Website content without permission

  • Use the Website to send spam, malware, or harmful code

  • Harass, abuse, defame, or harm others through the Website

  • Misuse contact forms, booking forms, or communication tools

 

We reserve the right to restrict, suspend, or terminate access to the Website for misuse or violation of these Terms.

 

2. Website Information

 

The Website provides information about photography services, which may include:

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  • Professional headshots

  • Corporate headshots

  • Team headshots

  • LinkedIn headshots

  • Acting headshots

  • ERAS and residency headshots

  • Senior pictures

  • Portrait sessions

  • Family portraits

  • Personal branding images

  • Other related photography services

 

Service descriptions, pricing, packages, availability, locations, turnaround times, and other information may change at any time without notice.

 

We make reasonable efforts to keep Website information accurate, but we do not guarantee that all information is complete, current, or error-free.

 

3. Inquiries and Booking

 

Submitting an inquiry through the Website does not guarantee availability or confirm a booking.

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A booking may require:

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  • Confirmation by us

  • A signed agreement

  • Completion of a booking form

  • A deposit, retainer, or full payment

  • Agreement to session-specific terms

  • Timely communication from the client

 

Photography sessions may also be governed by a separate invoice, proposal, contract, model release, usage agreement, or booking agreement. If there is a conflict between these Terms and a signed client agreement, the signed client agreement will control.

4. Payments

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Payments may be processed through third-party payment providers.

By making a payment, you agree to provide accurate billing information and authorize charges related to the services you approve.

Deposits, retainers, session fees, add-ons, rush fees, image purchases, licensing fees, and other charges may be subject to separate written terms provided at booking or invoicing.

 

5. Cancellation, Rescheduling, No-Shows, and Refunds

 

Cancellation, rescheduling, refund, deposit, retainer, and no-show policies may be governed by your invoice, booking page, proposal, or separate written photography agreement.

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If no separate written policy applies, we reserve the right to determine reasonable cancellation, rescheduling, and refund terms based on the circumstances, scheduling impact, and work already performed.

 

6. SMS/Text Message Terms

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By providing your phone number, you agree to receive text messages from Calvin Pennick JR Photography.

 

Text messages may include:

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  • Inquiry responses

  • Booking communication

  • Appointment confirmations

  • Session reminders

  • Location or scheduling updates

  • Payment or invoice reminders

  • Gallery or image delivery updates

  • Customer service communication

  • Follow-up messages related to photography services

  • Promotional messages, where permitted and where appropriate consent has been provided

 

Message frequency may vary. Message and data rates may apply.

You may opt out of text messages at any time by replying STOP. You may request assistance by replying HELP or contacting us directly.

Consent to receive text messages is not a condition of purchasing any goods or services.

We do not sell or share SMS opt-in information or text message consent data with unaffiliated third parties for their own marketing purposes.

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7. Email Communications

 

By contacting us, submitting a form, booking a session, or purchasing services, you agree that we may contact you by email regarding your inquiry, booking, payment, session, gallery, image delivery, or related customer service matters.

If you subscribe to marketing emails, you may unsubscribe at any time by using the unsubscribe link in the email or contacting us directly.

 

8. Client Responsibilities

 

Clients are responsible for:

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  • Providing accurate contact and booking information

  • Arriving on time for scheduled sessions

  • Reviewing booking details, location, and preparation instructions

  • Communicating scheduling conflicts as early as possible

  • Following session guidelines and safety instructions

  • Selecting images within any stated selection period

  • Downloading delivered files within any stated availability period

  • Reviewing usage rights before publishing, editing, or distributing images

 

Failure to follow session instructions, arrive on time, or communicate necessary details may affect session results, image delivery, or rescheduling eligibility.

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9. Intellectual Property

 

All content on the Website is owned by or licensed to Calvin Pennick JR Photography unless otherwise stated.

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Protected content includes, but is not limited to:

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  • Photographs

  • Text

  • Website copy

  • Blog posts

  • Graphics

  • Logos

  • Branding

  • Designs

  • Videos

  • Downloads

  • Service descriptions

  • Layouts and visual materials

 

You may not copy, reproduce, republish, modify, upload, post, transmit, distribute, sell, license, or exploit Website content without prior written permission.

 

10. Photographs and Image Rights

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All photographs created by Calvin Pennick JR Photography remain the intellectual property of the photographer unless otherwise stated in a separate written agreement.

 

Clients receive usage rights only as stated in the applicable service agreement, invoice, license, or written communication.

 

Unless expressly authorized in writing, clients may not:

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  • Sell images to third parties

  • Transfer image rights to another business or person

  • Use images in a way that exceeds the granted license

  • Submit images for commercial publication beyond the agreed use

  • Alter images in a way that misrepresents the original work

  • Claim authorship or copyright ownership of the images

  • Remove watermarks, copyright notices, or metadata where applicable

 

Personal, professional, or business use rights may vary depending on the service purchased.

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11. Portfolio and Promotional Use

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Unless otherwise agreed in writing, we may use photographs created during a session for portfolio, Website, social media, advertising, marketing, display, competition, publication, educational, or promotional purposes.

If you need images to remain private or confidential, you must request this in writing before your session or before completing your booking. Additional written agreements may be required for confidentiality, restricted usage, or private image handling.

 

12. Image Delivery, Storage, and Archiving

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We may deliver images through online galleries, download links, cloud storage, email, or other digital delivery methods.

Clients are responsible for downloading, backing up, and safely storing delivered images.

We may maintain archives or backups of image files, but we do not guarantee permanent storage or future availability unless expressly agreed in writing.

Online galleries, proofs, and download links may expire after a stated period.

 

13. Editing and Retouching

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Editing and retouching are provided at our discretion and according to the service purchased.

Unless otherwise agreed in writing, retouching may not include extensive body reshaping, major background replacement, compositing, advanced manipulation, or other work beyond standard professional editing.

Additional editing requests may require additional fees.

 

14. Third-Party Services and Links

 

The Website may contain links to third-party websites or use third-party platforms, including booking systems, payment processors, online galleries, analytics tools, email providers, text messaging services, social media platforms, or advertising tools.

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We do not control and are not responsible for:

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  • Third-party content

  • Third-party privacy policies

  • Third-party terms

  • Third-party security

  • Third-party pricing

  • Third-party availability

  • Third-party errors or service interruptions

 

Your use of third-party services is at your own risk and subject to their terms and policies.

 

15. Privacy

 

Your use of the Website is also governed by our Privacy Policy.

By using the Website, submitting information, providing your phone number, booking a session, or communicating with us, you acknowledge that you have reviewed the Privacy Policy.

 

16. User Submissions

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If you submit messages, testimonials, reviews, feedback, comments, or other content through the Website or related platforms, you

represent that:

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  • You have the right to submit the content

  • The information is accurate to the best of your knowledge

  • The content does not violate any law or third-party right

  • The content is not defamatory, abusive, obscene, misleading, or harmful

 

By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, edit, publish, and distribute that content for customer service, business, marketing, or operational purposes, unless otherwise prohibited by law or agreed in writing.

 

17. Testimonials and Reviews

 

Testimonials, reviews, or examples displayed on the Website represent individual experiences and opinions. They do not guarantee that every client will have the same or similar experience.

We may edit testimonials for length, clarity, grammar, or formatting, but we will not intentionally change the overall meaning.

 

18. No Guarantee of Specific Results

 

We make every reasonable effort to provide professional photography services, but we do not guarantee any specific business, employment, casting, residency, marketing, social media, dating, branding, or personal outcome from the use of your photographs.

Photography results can be affected by many factors, including preparation, wardrobe, grooming, lighting conditions, weather, location, cooperation, timing, and client preferences.

 

19. Website Disclaimer

 

The Website and its content are provided for general informational and promotional purposes.

 

We do not guarantee that:

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  • The Website will be uninterrupted

  • The Website will be error-free

  • The Website will be secure at all times

  • Website content will always be current

  • Third-party integrations will always function properly

  • Any particular service will be available at any specific time

 

20. Disclaimer of Warranties

 

The Website, content, and related materials are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Calvin Pennick JR Photography disclaims all warranties, express or implied, including but not limited to:

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  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy

  • Reliability

  • Availability

  • Security

  • Error-free operation

 

21. Limitation of Liability

 

To the fullest extent permitted by law, Calvin Pennick JR Photography shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to:

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  • Your use of the Website

  • Your inability to use the Website

  • Errors or omissions on the Website

  • Third-party platforms or services

  • Payment processing issues

  • Website interruptions

  • Security incidents

  • Unauthorized access to information

  • Client failure to download or back up delivered images

  • Client misuse of images

  • Outcomes resulting from use of photographs

 

If Calvin Pennick JR Photography is found liable for any claim related to the Website or services, our total liability shall not exceed the amount you paid directly to us for the specific service giving rise to the claim, or $100, whichever is less, unless otherwise required by law or stated in a separate written agreement.

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22. Indemnification

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You agree to defend, indemnify, and hold harmless Calvin Pennick JR Photography, its owner, contractors, representatives, service providers, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses arising out of:

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  • Your use of the Website

  • Your violation of these Terms

  • Your violation of any law or third-party right

  • Any content or information you submit

  • Your misuse of photographs or delivered images

  • Your unauthorized copying, sharing, editing, selling, or distribution of our content or images

  • Your failure to follow applicable usage rights or licensing restrictions

 

23. Termination

 

We may restrict, suspend, or terminate your access to the Website, communication channels, galleries, downloads, or related services if we believe you have violated these Terms, misused our content, or engaged in harmful, fraudulent, or abusive conduct.

Termination does not limit our right to pursue any available legal remedies.

 

24. Governing Law

 

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms, the Website, or our services shall be resolved in the state or federal courts located in Texas, unless otherwise required by law or stated in a separate written agreement.

 

25. Severability

 

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

26. Entire Agreement

 

These Terms, together with the Privacy Policy and any applicable booking agreement, invoice, model release, image license, or service contract, constitute the agreement between you and Calvin Pennick JR Photography regarding your use of the Website and related services.

 

If a separate signed agreement applies to a photography session or service, that agreement will control where it conflicts with these Terms.

 

27. Changes to These Terms

 

We may update these Terms from time to time. Changes will be posted on this page with an updated Effective Date.

Your continued use of the Website after changes are posted means you accept the updated Terms.

28. Contact Information

 

If you have questions about these Terms, please contact:

 

Calvin Pennick JR Photography
Website: https://www.calvinpennickjrphotography.com
Email: getinfo@calvinpennickjrphotography.com

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