Terms & Conditions

Updated: January 1, 2025

This Agreement (“Agreement”) is between YXPhotos LLC (“Photographer” or “YXPhotos”) and the Client (the individual or business booking services).

By booking with YXPhotos, the Client confirms they have read, understood, and agreed to these Terms & Conditions. These terms apply to the Client and any guests who attend the Photoshoot, even if not photographed. The Client is responsible for the conduct, safety, and any damages caused by themselves or their guests.

1. Booking & Payments

A non-refundable retainer is required to secure the Photoshoot date and time. This payment is applied to the Client’s total balance.
The remaining balance is due the day of your Photoshoot.
If payment is not received within this timeframe, a 30% late fee (based on the total invoice amount) will be applied. An additional 30% late fee will be added every 30 days the balance remains unpaid.
Accounts unpaid beyond 90 days will be sent to collections. The Client is responsible for all collection costs and fees.
The Client is responsible for any location-related fees (e.g., parking, entrance, or permits).

2. Proof Gallery, Image Selection & Deliverables

Proof Gallery: Delivered via email within 10 business days. Proofs remain available for 90 days, are watermarked, and cannot be downloaded or shared.
Gallery Expiration: After 90 days, galleries are archived. Retrieval (if available) requires a $99 restoration fee.
Image Selection: The Client has 10 days to select final images. If no selections are made, YXPhotos will proceed with selections at its discretion.
Final Delivery: Edited, high-resolution JPEGs are delivered within 7–14 business days after selections are made. ( Added to your current gallery )
Revisions: One revision per image is included. Additional edits are billed at the current re-edit rate.
RAW Files: RAW/unprocessed files are never provided.
Delivery Condition: Final deliverables are released only once all fees (including late or reschedule fees) are paid in full. Delivered with a link sent to your email.
YXPhotos is not responsible for delivery delays caused by spam filters, incorrect email addresses, or issues on the Client’s end.

3. Creative Style, Retouching & Refunds

The Client acknowledges and agrees to YXPhotos’ unique creative and artistic style. Editing and retouching are performed at the Photographer’s professional discretion and are not subject to rejection or refunds.
All final images include high-end professional retouching, such as skin refinement, blemish removal, tone correction, and overall image enhancement.
Requests for specialized edits (for example: object removal, body reshaping, background replacement, or graphic design work) are considered advanced edits and are billed separate at the current rate.
Due to the artistic nature of photography, all sales are final and non-refundable.

4. Rescheduling & Cancellations

If YXPhotos is notified 48 hours or more before the scheduled Photoshoot, the Client may reschedule once without penalty.
Reschedules made within 48 hours require payment of the remaining balance plus a 30% rescheduling fee (based on the total invoice amount) before a new date is confirmed.
Rescheduled Photoshoots must take place within 60 days of the original date, or all payments are forfeited.
Cancellations and No-shows result in forfeiture of all payments.
Weather-related reschedules are determined at the Photographer’s discretion.

5. Arrival & Readiness

The Client must arrive at least 10 minutes early and be photo-ready at the scheduled Photoshoot time.
Photoshoot time includes setup and wrap-up; late arrivals reduce shooting time.
Arrivals over 29 minutes late are treated as a reschedule, requiring full payment plus a 30% rescheduling fee.
Extra time may be purchased if available at the current overtime rate.
Photoshoots will not be extended to make up for lost time due to the Client’s late arrival.

6. Re-Shoots

Re-shoots are at the Photographer’s discretion and are not guaranteed.
Poor choices in clothing, hair, makeup, or accessories do not qualify for a re-shoot.
Weather-related issues do not qualify for a re-shoot unless the Photographer determines conditions are unsafe or unsuitable.

7. Client & Guest Responsibilities

The Client is responsible for their own safety, conduct, and preparedness, as well as that of their guests.
The client and their guests must not interfere with the Photographer’s work, equipment, or creative process.
YXPhotos may pause or end a Photoshoot immediately if unsafe conditions, disruptive conduct, or inappropriate behavior occurs. In such cases, no refund or credit will be issued, and the Client remains responsible for the full Photoshoot balance.
The Client is responsible for the cost of repair or replacement for any damages caused by themselves or their guests.
Participation in the Photoshoot is at the Client’s own risk. YXPhotos is not responsible or liable for injuries, illnesses, accidents, property damage, lost or stolen belongings, or third-party actions before, during, or after the Photoshoot.

8. Travel & Location

Travel fees apply for Photoshoots more than 15 miles from Fort Lauderdale, FL.
Fees are based on mileage, tolls, gas, and lodging (if required).
The Client is responsible for securing any necessary permits or permissions for their chosen location.

9. Weather, Failure to Perform & Force Majeure

Photoshoots may be rescheduled by the photographer due to unsafe weather, illness, or events beyond either party’s control.
If the Photographer is unable to perform due to illness, emergency, or equipment failure and a reschedule cannot be agreed upon, the retainer will be refunded in full, and no further liability shall apply.
Neither party is liable for delays caused by natural disasters, illness, equipment failure, or government restrictions. Both parties agree to reschedule in good faith.

10. Copyright & Usage Rights

All images remain the sole property of YXPhotos and are protected under U.S. copyright law.
Personal Use: The Client may print, share, or post edited images for personal use. Credit to @yxphotos is appreciated but not required.
Commercial Use: Any business, advertising, or profit-related use requires a separate license. Unauthorized commercial use will result in a fee equal to twice the standard licensing rate plus legal costs.

11. Model Release

By booking or using Yxphotos services, the Client grants YXPhotos permission to use images for portfolio, website, and marketing purposes (digital or print).
Clients wishing to opt out must notify YXPhotos in writing before booking.

12. File Storage

Final images are stored for 90 days after delivery.
Retrieval after 90 days is not guaranteed; if available, a $99 fee applies.
The Client is responsible for downloading and backing up images before gallery expiration.

13. Liability & Limitations

The Client agrees to indemnify and hold harmless YXPhotos from any claims, damages, or expenses arising from their own actions or their guests’ actions.
In the rare case of data loss, damage, or equipment failure beyond YXPhotos’ control, liability is strictly limited to a refund of fees paid.
Dissatisfaction with poses, expressions, or styling is not grounds for refund or re-shoot.
YXPhotos is not liable for emotional distress, lost income, or indirect damages.

14. Governing Law & Dispute Resolution

This Agreement is governed by the laws of Florida.
Any disputes will first be resolved through mediation or arbitration in Broward County, FL before resorting to court.

15. Entire Agreement & Modifications

This Agreement represents the complete understanding between YXPhotos and the Client. If any portion is held invalid, the remaining terms will continue to apply.

Any modifications to this Agreement must be in writing and confirmed by both parties.

By booking a photoshoot or service with YXPhotos, the client acknowledges and accepts these Terms & Conditions in full.