SECTION 1 – INTRODUCTION AND ACCEPTANCE OF TERMS

Last Updated: April 14, 2025

These Terms of Service and Website Terms of Use (collectively, the “Terms”) govern your access to and use of the Perfectionshoots website, related platforms, hosted galleries, online services, digital products, and photography/videography/event services provided by Perfectionshoots (collectively, the “Services”). By accessing or using the website or any Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree to these Terms, you must not access or use the website or Services.

Perfectionshoots reserves the right to update or modify these Terms at any time, at its sole discretion. Any changes will be effective immediately upon posting to the website. Your continued use of the website or Services after changes are posted constitutes your acceptance of the revised Terms.

These Terms apply to all visitors, clients, customers, photographers, end-users, and any other persons or entities who access or use the website or Services (“Users”).

SECTION 2 – DEFINITIONS

For purposes of these Terms, the following definitions apply:

2.1 “Perfectionshoots,” “we,” “our,” or “us” refers to Perfectionshoots, the photography, videography, and digital media service provider operating the website and related services.

2.2 “User,” “you,” or “your” refers to any individual or entity that accesses, views, or uses the website or any of Perfectionshoots’ Services, including but not limited to clients, customers, and visitors.

2.3 “Site” or “Website” means perfectionshoots.com and any other domain, subdomain, or platform managed or owned by Perfectionshoots.

2.4 “Services” includes all photography, videography, event coverage, editing, digital delivery, gallery hosting, online sales, design, and related professional services provided by Perfectionshoots.

2.5 “Event” means any booking or scheduled service, including photography sessions, weddings, corporate events, or any engagement for which Perfectionshoots is retained.

2.6 “Client” means any User who books or purchases Services from Perfectionshoots, whether personally or on behalf of another entity.

2.7 “Agreement” refers collectively to these Terms, any written or electronic Service Agreement, invoice, or contract issued by Perfectionshoots, and all policies referenced herein, including but not limited to the Privacy Policy and Cancellation Policy.

2.8 “Retainer” means a non-refundable portion of payment used to secure a date and time for Services.

2.9 “Schedule Disruption Fee” refers to the additional fee equal to forty-five percent (45%) of the total booking price, applied to cancellations made within ten (10) days of a scheduled event.

2.10 “Content” includes all text, images, videos, audio, designs, and intellectual property displayed or produced by Perfectionshoots or uploaded by Users.

SECTION 3 – MODIFICATIONS TO TERMS AND SITE

3.1 Right to Modify.
Perfectionshoots reserves the right to modify, amend, suspend, or discontinue any part of the Site, the Services, or these Terms at any time and without prior notice. Any changes will be effective immediately upon posting on the Site, unless otherwise stated.

3.2 Notice of Updates.
Perfectionshoots may, but is not required to, provide notice of material changes via email or on the homepage of the Site. It is your responsibility to review the Terms periodically for updates. Continued use of the Site or Services after such modifications constitutes acceptance of the revised Terms.

3.3 Availability.
Perfectionshoots may modify or discontinue, temporarily or permanently, any feature, product, or service, including pricing, schedules, or availability, without notice. Perfectionshoots will not be liable for any modification, suspension, or discontinuation of the Site or Services.

3.4 Compliance.
You agree to comply with any new Terms, policies, or procedures implemented by Perfectionshoots as a condition of continued use of the Site or Services.

SECTION 4 – WEBSITE TERMS OF USE

4.1 Ownership of Content.
All materials, photographs, videos, designs, text, software, and other content displayed or made available on the Site (collectively, “Content”) are the property of Perfectionshoots or its licensors and are protected by United States and international copyright, trademark, and intellectual property laws. You may not copy, reproduce, distribute, transmit, display, perform, modify, create derivative works, sell, or otherwise exploit any portion of the Site or its Content without express written permission from Perfectionshoots.

4.2 Limited License.
Perfectionshoots grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes consistent with these Terms. This license does not include any resale, redistribution, or commercial use of the Site or its Content.

4.3 Prohibited Uses.
You agree not to:
(a) Use the Site for any unlawful or fraudulent purpose;
(b) Attempt to gain unauthorized access to any portion of the Site, its servers, or databases;
(c) Interfere with or disrupt the operation of the Site or Services;
(d) Post, upload, or transmit content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable;
(e) Use bots, crawlers, or similar automated methods to access or copy Site materials; or
(f) Misrepresent your identity or affiliation with any person or entity.

4.4 Linked Sites.
The Site may contain links to third-party websites (“Linked Sites”) for your convenience. Perfectionshoots does not control, endorse, or assume responsibility for the content, policies, or practices of Linked Sites. Accessing Linked Sites is at your own risk, and you should review the terms and privacy policies applicable to those websites.

4.5 Trademarks.
“Perfectionshoots,” the Perfectionshoots logo, and any related names or design marks are trademarks of Perfectionshoots and are protected under applicable trademark laws. Other company names, product names, or logos appearing on the Site are the property of their respective owners. You may not use any of these marks without prior written authorization from the owner.

SECTION 5 – ACCOUNT REGISTRATION, SECURITY AND GALLERY ACCESS

5.1 Account Creation.
To access certain features of the Site or to book and receive Services, you may be required to create an account and provide current, complete, and accurate information. You agree to update your information as needed to maintain its accuracy.

5.2 Pic-Time Gallery Access.
Perfectionshoots delivers finished images through secure online galleries hosted by Pic-Time or another professional delivery platform (the “Gallery”). Clients will receive a private link and, when applicable, a password for access. The Gallery remains active for a limited period stated in your service agreement or delivery notice. After that period expires, access to download, share, or order prints may be permanently disabled.
You are responsible for downloading and safeguarding your files before the Gallery expiration date. Perfectionshoots is not obligated to re-host or restore expired galleries and may charge an archival-rehosting fee if retrieval is available.

5.3 Use of Gallery Images.
Images within a Gallery are licensed solely for personal, non-commercial use unless otherwise stated in writing. Clients may share images on personal social-media accounts provided proper credit (“© Perfectionshoots”) is included and the images are not altered, resold, or used for commercial advertising without written permission.

5.4 Account Responsibility.
You are solely responsible for maintaining the confidentiality of any login credentials or gallery passwords issued to you and for all activity under your account. Perfectionshoots is not liable for any unauthorized access or sharing caused by your actions or omissions.

5.5 Unauthorized Use and Termination.
If you suspect unauthorized access to your account or Gallery, promptly notify Perfectionshoots at support@perfectionshoots.com. Perfectionshoots may suspend or terminate account or Gallery access for any violation of these Terms, misuse of materials, or unpaid balances.

5.6 Data Security.
Perfectionshoots uses industry-standard security measures to protect hosted files and user data but cannot guarantee absolute security. By using the Gallery or Services, you acknowledge and accept the inherent risks of online data transmission and hosting.

SECTION 6 – SERVICES PROVIDED BY PERFECTIONSHOOTS

6.1 Description of Services.
Perfectionshoots provides professional photography, videography, event coverage, editing, and digital media production services. These Services may include, but are not limited to, wedding photography, portrait sessions, commercial photo/video production, event documentation, drone imagery, 360 booth services, and digital gallery hosting through third-party platforms such as Pic-Time. The scope of each Service is defined in the corresponding proposal, invoice, or service agreement issued to the Client.

6.2 Service Agreement.
Each booking or project is governed by the written or electronic agreement issued by Perfectionshoots at the time of booking (the “Service Agreement”). In the event of any inconsistency between a Service Agreement and these Terms, the Service Agreement will control with respect to that specific engagement.

6.3 Artistic Rights and Discretion.
Perfectionshoots retains sole and absolute discretion regarding artistic judgment, including but not limited to image selection, editing style, composition, lighting, and creative direction. Clients agree that the creative decisions made by Perfectionshoots are final and not subject to further review or alteration.

6.4 Delivery of Services.
Final images and videos will be delivered through secure digital galleries, download links, or other delivery methods specified by Perfectionshoots. Delivery timelines are estimates and may vary depending on project complexity, editing time, and other operational factors.

6.5 Client Cooperation.
Clients agree to cooperate and communicate promptly with Perfectionshoots, provide necessary information, and arrive on time for scheduled sessions. Failure to cooperate or appear at the scheduled time may result in forfeiture of the session fee and cancellation of Services without refund.

6.6 Equipment and Backup.
Perfectionshoots uses professional-grade equipment and employs redundant data backup methods. However, in the rare event of equipment failure, file corruption, or unforeseen loss of media, the Client agrees that Perfectionshoots’ liability shall be limited to a refund not exceeding the total amount paid for the affected Service.

6.7 Travel and Additional Expenses.
Unless otherwise stated in the Service Agreement, travel, lodging, or special equipment rental costs necessary to perform Services outside Pueblo, Colorado or the surrounding area will be billed to the Client. Any additional costs must be approved in writing prior to the event or shoot.

SECTION 7 – PAYMENT TERMS

7.1 General Payment Requirements.
All bookings are considered confirmed only upon receipt of payment as required under these Terms or as stated in the specific Service Agreement. No event date or session time will be held without a completed payment or signed contract.

7.2 Payment for Services Under $3,000.
For all Services priced at less than three thousand U.S. dollars ($3,000), full payment is required at the time of booking. Payments for these Services are non-refundable under all circumstances, except where prohibited by law.

7.3 Payment for Services of $3,000 or More.
For Services totaling three thousand U.S. dollars ($3,000) or more, a non-refundable retainer is required to secure the event date. The remaining balance must be paid according to the schedule specified in the Service Agreement. Failure to complete payment by the due date may result in cancellation of the booking and forfeiture of any amounts previously paid.

7.4 Accepted Payment Methods.
Perfectionshoots accepts electronic payments, credit/debit cards, ACH transfers, and other approved payment methods as listed on its invoices or website. All payments are processed through secure third-party payment providers, and the Client agrees to comply with their respective terms and conditions.

7.5 Payment Authorization.
By providing payment information to Perfectionshoots, you authorize the company and its payment processor to charge your designated payment method for all fees associated with your order, including retainers, balances, late fees, and applicable taxes.

7.6 Non-Refundable Retainer.
All retainers collected to reserve event dates or services are non-refundable. Retainers serve as a booking fee for Perfectionshoots’ time, reservation, and administrative costs, and are not transferable to another client or event.

7.7 Balances and Deadlines.
All remaining balances are due by the date listed on your invoice or Service Agreement. If payment is not received within seven (7) days of the due date, Perfectionshoots reserves the right to suspend performance, withhold image delivery, or cancel Services.

7.8 Taxes.
All applicable local, state, and federal taxes will be added to the total fees and are the Client’s responsibility unless proof of tax exemption is provided.

SECTION 8 – LATE PAYMENT POLICY

8.1 Grace Period.
Clients are granted a grace period of seven (7) calendar days following the due date of any outstanding balance. If full payment is not received within this period, the account will be considered delinquent.

8.2 Late Fees.
Beginning on the eighth (8th) day after the payment due date, a 10% late fee will be applied to the total amount due. An additional 10% fee will accrue for each subsequent day that the balance remains unpaid, up to a maximum total late fee of seventy percent (70%) of the total event or project cost.

8.3 Suspension of Services.
Perfectionshoots reserves the right to suspend, delay, or withhold delivery of images, videos, or other materials until all outstanding payments and applicable late fees have been paid in full.

8.4 Recovery of Costs.
If collection action becomes necessary, the Client shall be responsible for all reasonable costs and expenses incurred by Perfectionshoots in collecting amounts due, including but not limited to administrative fees, legal costs, and attorney’s fees.

8.5 No Waiver.
Failure by Perfectionshoots to enforce any provision of this section shall not be deemed a waiver of the right to enforce it later.

SECTION 9 – CANCELLATION AND REFUND POLICY

9.1 General Policy.
All bookings are made with the understanding that time, equipment, and resources are reserved exclusively for the Client. Once a booking is confirmed, Perfectionshoots may decline other potential clients for that date. Therefore, cancellations are subject to the following strict refund and fee structure.

9.2 Cancellations More Than 30 Days Before the Event.
If the Client cancels the event or Service more than thirty (30) calendar days prior to the scheduled event date, the Client will receive a refund of eighty percent (80%) of the total amount paid. The remaining twenty percent (20%) is retained by Perfectionshoots as a non-refundable administrative and reservation fee.

9.3 Cancellations Between 30 and 10 Days Before the Event.
If cancellation occurs between thirty (30) and ten (10) days before the scheduled event date, no refund will be provided. All payments made to that point, including retainers, are forfeited.

9.4 Cancellations Within 10 Days of the Event.
If cancellation occurs within ten (10) days of the scheduled event date, no refund will be issued, and the Client shall also pay a Schedule Disruption Fee equal to forty-five percent (45%) of the total event price. This fee compensates for lost business opportunities, preparation costs, and reallocation of resources.

9.5 Cancellations by Perfectionshoots.
In the unlikely event that Perfectionshoots cancels a booking due to illness, emergency, or circumstances beyond its control, all payments received will be refunded in full. This refund constitutes the Client’s sole remedy, and Perfectionshoots will not be responsible for any additional costs or damages.

9.6 Rescheduling Requests.
Rescheduling requests are accepted only at the discretion of Perfectionshoots and are subject to availability. Rescheduling is not guaranteed. Any approved reschedule may incur additional fees to cover administrative and staffing costs. If rescheduling is not approved, the original booking will be treated as a cancellation and will follow the cancellation policy set forth in this section.

9.7 Refund Processing.
All approved refunds will be issued to the original payment method within thirty (30) business days after written cancellation confirmation. Refunds will not include transaction or processing fees charged by third-party payment processors.

9.8 Force Majeure.
Cancellations or non-performance due to force majeure events (including but not limited to natural disasters, severe weather, illness, or acts of government) will be handled in accordance with Section 21 (Force Majeure).

SECTION 10 – RESCHEDULING POLICY

10.1 Discretionary Approval.
Perfectionshoots understands that unforeseen circumstances may arise; however, all rescheduling requests are subject to the company’s sole discretion and availability. Submitting a request does not guarantee approval.

10.2 Advance Notice Requirement.
Clients must submit any rescheduling request in writing to ejm@perfectionshoots.com at least thirty (30) days prior to the originally scheduled event or session date. Requests received fewer than thirty (30) days before the scheduled event may be denied or treated as a cancellation under Section 9 of these Terms.

10.3 Administrative or Rebooking Fees.
If a rescheduling request is approved, Perfectionshoots may apply an administrative or rebooking fee to cover additional coordination and scheduling efforts. The applicable fee will be communicated at the time of approval.

10.4 Rescheduling Limits.
Only one (1) reschedule per booking is permitted. Additional reschedules will require a new booking and are subject to full payment under the current rates at that time.

10.5 Unavailable Dates.
If the Client requests a new date and Perfectionshoots is unavailable, the rescheduling request will be treated as a cancellation, and the refund policy stated in Section 9 will apply.

10.6 Transferability.
Approved reschedules are non-transferable to another client, project, or unrelated event.

10.7 Failure to Reschedule.
If a Client fails to respond or confirm a new date within seven (7) days of an approved rescheduling offer, Perfectionshoots reserves the right to release the date and consider the booking canceled without refund.

SECTION 11 – NO CHARGEBACKS AND DISPUTE RESOLUTION

11.1 No Chargebacks.
By booking Services with Perfectionshoots, the Client acknowledges and agrees that all payments are binding and final in accordance with the terms of this Agreement. Clients expressly waive any right to initiate a chargeback or payment dispute through their credit card company, bank, or payment processor. Any chargeback filed in violation of this clause shall constitute a breach of contract.

11.2 Resolution of Payment Issues.
If a billing or payment concern arises, the Client must contact Perfectionshoots directly at ejm@perfectionshoots.com within seven (7) business days of the issue to allow an opportunity for good-faith resolution before seeking any external remedy.

11.3 Fees for Invalid Chargebacks.
If a Client files a chargeback or payment dispute without proper basis, and the payment processor reverses funds that were rightfully owed to Perfectionshoots, the Client shall be responsible for:
(a) Reimbursing the original payment amount;
(b) All associated chargeback fees or penalties assessed by the processor; and
(c) A $250 administrative fee to cover time and costs of disputing the invalid claim.
Failure to remit these amounts within ten (10) days will subject the Client to collection actions as outlined in Section 8 (Late Payment Policy).

11.4 Dispute Process.
In the event of any dispute or disagreement relating to payments, Services, or performance, both parties agree to make a good-faith effort to resolve the matter through direct communication prior to pursuing mediation or arbitration under Section 24.

11.5 Final Acknowledgment.
By making a payment to Perfectionshoots, you confirm that you have read, understood, and agreed to the refund, cancellation, and payment policies set forth in these Terms, and you waive your right to any unapproved reversal or refund action.

SECTION 12 – CLIENT RESPONSIBILITIES

12.1 Accurate Information.
Clients agree to provide complete, truthful, and accurate information at all stages of communication and booking. This includes event details, schedules, contact information, and payment data. Perfectionshoots is not liable for delays or errors arising from incorrect or incomplete information provided by the Client.

12.2 Cooperation and Timeliness.
Clients must ensure punctuality and cooperation during scheduled events, sessions, or shoots. Failure to appear on time or to participate as planned may result in loss of shooting time, reduced deliverables, or cancellation without refund.

12.3 Conduct During Services.
Clients and guests must behave in a respectful manner toward Perfectionshoots’ staff and equipment. Any form of verbal abuse, harassment, or property damage will result in immediate termination of Services, and no refunds will be issued. The Client will be held financially responsible for any damages caused intentionally or negligently.

12.4 Permits and Venue Access.
It is the Client’s responsibility to secure all necessary permits, permissions, and venue access for photography or videography. If access is denied due to a failure to obtain permissions, the session will be considered performed and no refund will be issued.

12.5 Model Releases and Consent.
Clients are responsible for obtaining consent from all individuals photographed or filmed, including guests and participants, when applicable. By participating in a session or event, all subjects grant Perfectionshoots permission to capture their likeness as part of the contracted work.

12.6 Creative Direction.
Clients acknowledge that Perfectionshoots exercises full artistic discretion regarding composition, lighting, editing, and stylistic choices. Clients may not demand raw files or unedited materials unless explicitly stated in the Service Agreement.

12.7 Delivery and Download Responsibility.
Once the final gallery or media link is delivered, the Client is responsible for promptly downloading and backing up all files before the gallery expiration date. Perfectionshoots is not responsible for lost files, expired links, or undeclared download failures after the delivery period has ended.

12.8 Communication.
All official communications regarding Services, invoices, or schedule changes must be submitted in writing to ejm@perfectionshoots.com. Verbal or text message exchanges will not override the terms of the written Agreement.

SECTION 13 – INTELLECTUAL PROPERTY AND OWNERSHIP OF CONTENT

13.1 Copyright Ownership.
All photographs, videos, graphics, designs, written content, and other creative works produced by Perfectionshoots are the exclusive property of Perfectionshoots and are protected by U.S. and international copyright laws. No ownership rights are transferred to the Client unless expressly stated in a separate written agreement.

13.2 Usage License to Client.
Upon full payment of all fees, Perfectionshoots grants the Client a limited, non-exclusive, non-transferable license to use the final delivered images and videos for personal use only. Commercial, promotional, or editorial use is prohibited unless expressly authorized in writing and may be subject to additional licensing fees.

13.3 Restrictions.
The Client may not copy, sell, alter, distribute, reproduce, or publicly display any materials created by Perfectionshoots without prior written consent. This includes uploading unwatermarked images to commercial sites, removing logos or watermarks, or altering images in a manner that changes the artistic intent.

13.4 Raw Files and Unedited Footage.
Raw image files, unedited footage, and project files remain the sole property of Perfectionshoots and will not be provided to the Client under any circumstances unless explicitly included in a paid deliverable under a separate written agreement.

13.5 Portfolio Use.
Perfectionshoots reserves the right to use any image, video, or related content from a Client’s session or event for marketing, advertising, portfolio, and promotional purposes, both online and offline, unless the Client submits a written request to opt out prior to the session or event date. Opt-out requests must be sent to ejm@perfectionshoots.com.

13.6 Third-Party Usage.
Clients are prohibited from submitting Perfectionshoots’ images or videos to contests, publications, or third-party vendors without prior written permission.

13.7 Credit.
When sharing Perfectionshoots’ images on social media or other platforms, Clients must credit “Perfectionshoots” visibly in the post caption or description.

SECTION 14 – PORTFOLIO DISPLAY AND MARKETING USE

14.1 Right to Display.
Perfectionshoots retains the right to display and promote any photographs, videos, or creative works produced during a Client’s event or session as part of its marketing materials, online portfolio, advertising campaigns, publications, and social media channels. This right extends indefinitely unless the Client provides a written objection before the scheduled event.

14.2 Client Privacy Requests.
Clients who prefer that their images or videos not be used for marketing or promotional purposes must notify Perfectionshoots in writing at ejm@perfectionshoots.com prior to the event date. Once acknowledged by Perfectionshoots, such requests will be honored for future publications, though previously published materials may remain in use.

14.3 Use in Publications or Competitions.
Perfectionshoots reserves the right to submit images or video work for competitions, exhibitions, or professional publications. Such submissions may include the Client’s name and event type but will not disclose personal contact information without permission.

14.4 Social Media and Online Display.
Perfectionshoots may tag or reference Clients by name or event on social media platforms as part of its promotional materials. Clients may share these posts freely, provided that credit to “Perfectionshoots” remains intact and the images are not altered, cropped, or filtered in ways that distort the original work.

14.5 Revocation of Permission.
If a Client later wishes to revoke previously granted promotional rights, Perfectionshoots will make reasonable efforts to remove the material from its active marketing channels upon written request. However, this will not apply to materials already published in print or third-party media beyond the company’s control.

SECTION 15 – THIRD-PARTY SERVICES AND INTEGRATIONS

15.1 Use of Third-Party Platforms.
Perfectionshoots utilizes third-party services and platforms—including but not limited to Pic-Time, HubSpot, Zapier, Twilio, Synthflow, and other software providers—to host galleries, process payments, send communications, and deliver content. By using Perfectionshoots’ Services, Clients acknowledge that certain personal data and content may be transmitted to or processed by these third parties in accordance with their respective privacy policies.

15.2 Limitation of Liability for Third-Party Services.
Perfectionshoots is not responsible for the performance, availability, data protection, or terms of use of any third-party platform. Clients agree that their use of these services is at their own risk and that any disputes or claims arising from such use must be directed to the applicable third-party provider.

15.3 Linked Websites.
The Site may contain hyperlinks or references to other websites (“Linked Sites”). These are provided solely for convenience. Perfectionshoots does not control or endorse, and is not responsible for, the content, practices, or policies of any Linked Sites. Accessing them is at the Client’s discretion and risk.

15.4 Payment Processing.
Payments made through third-party processors are subject to those processors’ own terms and security procedures. Perfectionshoots does not store credit-card or banking information on its servers. Any errors, delays, or disputes related to payment authorization, refunds, or reversals should first be addressed with the payment processor.

15.5 Social-Media Integrations.
Perfectionshoots may provide options to share content or link directly to social-media platforms such as Instagram, Facebook, X, or TikTok. These integrations are governed by the respective platform’s terms of service and privacy rules. Clients are responsible for maintaining compliance with those policies when sharing or reposting Perfectionshoots’ work.

SECTION 16 – SOCIAL MEDIA, REVIEWS, AND PUBLIC FEEDBACK

16.1 Public Reviews and Testimonials.
Clients may be invited to provide testimonials, comments, or reviews regarding their experience with Perfectionshoots. By submitting such content, the Client grants Perfectionshoots a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, display, and distribute the review for marketing and promotional purposes in any medium.

16.2 Accuracy and Conduct.
Clients agree that all public statements, reviews, and comments about Perfectionshoots shall be truthful, accurate, and made in good faith. Defamatory, misleading, or malicious statements—online or otherwise—constitute a breach of these Terms and may result in legal action.

16.3 Social Media Sharing.
Clients are encouraged to share images and videos from their galleries on personal social media accounts provided that:
(a) Proper credit is included as “Photo/Video by Perfectionshoots”;
(b) The images are not altered, cropped, or filtered in a way that misrepresents the original work; and
(c) The use is for non-commercial, personal purposes only.

16.4 Removal Requests.
If a Client identifies an image or post published by Perfectionshoots that they wish to have removed from social media or marketing materials, they may request removal by emailing ejm@perfectionshoots.com. Perfectionshoots will make reasonable efforts to remove or archive the material from its own channels but cannot guarantee removal from third-party platforms or shared content already reposted by others.

16.5 Confidential or Private Events.
If the Client’s event or project involves sensitive or private subject matter, they must notify Perfectionshoots in writing before the event date to ensure all public sharing limitations are clearly understood and respected.

SECTION 17 – PRIVACY AND DATA COLLECTION

17.1 Commitment to Privacy.
Perfectionshoots values and respects your privacy. Information collected through the Site, contact forms, or service bookings is used solely for business operations, communication, and delivery of Services. Personal data will never be sold, rented, or disclosed to unauthorized third parties.

17.2 Information We Collect.
Perfectionshoots may collect the following types of information:
(a) Personal identification data such as your name, address, phone number, and email address;
(b) Event details necessary to fulfill your booking;
(c) Payment and transaction information processed through third-party payment providers;
(d) Technical data such as device type, browser, IP address, and usage analytics collected automatically when you visit the Site.

17.3 Use of Information.
The information collected is used to:
(a) Communicate with you regarding bookings, updates, and deliverables;
(b) Process payments and provide receipts;
(c) Improve service quality and user experience;
(d) Comply with legal obligations and prevent fraudulent activity.

17.4 Data Storage and Retention.
Personal data is stored securely for the duration necessary to complete Services and comply with recordkeeping obligations. Gallery images may be hosted temporarily on third-party platforms such as Pic-Time according to their own retention policies. Clients are encouraged to download all final deliverables promptly.

17.5 Access and Corrections.
You may request to review, correct, or delete personal data stored by Perfectionshoots by contacting ejm@perfectionshoots.com. Requests will be processed within a reasonable time in accordance with applicable data protection laws.

17.6 Communications and Marketing.
By providing your contact information, you consent to receive communications regarding your bookings and occasional marketing updates from Perfectionshoots. You may unsubscribe from marketing emails at any time by following the opt-out instructions included in those messages.

17.7 Third-Party Privacy.
Perfectionshoots is not responsible for the privacy practices or policies of third-party websites, platforms, or service providers linked through its Site or Services.

17.8 Data Protection Disclaimer.
While Perfectionshoots employs commercially reasonable security measures to protect personal data, no system can guarantee absolute security. By using the Site or Services, you acknowledge and accept the inherent risks of electronic data transmission.

SECTION 18 – COOKIES AND TECHNICAL DATA

18.1 Use of Cookies.
The Perfectionshoots website uses cookies and similar technologies to improve user experience, analyze website traffic, and customize content. Cookies are small data files stored on your device that help the Site recognize repeat visitors and track usage trends.

18.2 Types of Cookies Used.
(a) Essential Cookies: Required for the basic operation of the website and gallery services.
(b) Performance Cookies: Collect data on how users interact with the Site to help improve performance.
(c) Functional Cookies: Remember preferences such as language and display settings.
(d) Analytics and Marketing Cookies: Used to measure engagement and deliver relevant advertising or promotional content.

18.3 Managing Cookies.
Users can manage or disable cookies through their web browser settings. Disabling cookies may affect the functionality or availability of certain features, including login and gallery access.

18.4 Log Data and Analytics.
Perfectionshoots automatically collects certain information about user activity on the Site, including IP addresses, browser type, device information, and access times. This data is used for analytics and operational improvements only and is not personally linked to users unless otherwise required for security or fraud prevention.

18.5 Third-Party Tracking.
Third-party service providers such as analytics and social-media platforms may place their own cookies or tracking technologies on the Site. Perfectionshoots does not control these cookies and recommends reviewing the privacy policies of those providers for additional information.

18.6 Consent.
By continuing to use the Site, you consent to the use of cookies and similar technologies as described in this section. You may withdraw consent at any time by adjusting your browser settings.

SECTION 19 – EMPLOYMENT APPLICANT DATA

19.1 Collection of Applicant Information.
As part of its recruitment, internship, or collaboration processes, Perfectionshoots may collect personal information from individuals applying for employment or contract opportunities. This information may include your name, contact details, work history, educational background, references, and other materials relevant to evaluating your candidacy.

19.2 Use of Applicant Data.
Information collected from applicants is used solely for hiring and recruitment purposes, including:
(a) Evaluating qualifications and suitability for employment or contract opportunities;
(b) Conducting interviews and reference checks;
(c) Maintaining records of candidates for future opportunities; and
(d) Meeting legal or reporting obligations related to employment.

19.3 Disclosure of Applicant Data.
Applicant data may be shared with authorized personnel involved in the recruitment process and, where applicable, with third-party background check or verification services. Perfectionshoots does not sell or distribute applicant data for marketing purposes.

19.4 Retention and Deletion.
Applicant data may be retained for a reasonable period to consider you for future positions or as required by law. Applicants may request the deletion of their data by contacting ejm@perfectionshoots.com.

19.5 Equal Opportunity Statement.
Perfectionshoots is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, or any other protected category under applicable law.

SECTION 20 – ACCESSIBILITY STATEMENT

20.1 Commitment to Accessibility.
Perfectionshoots is committed to ensuring that its website, digital galleries, and online services are accessible to all individuals, including persons with disabilities. We strive to maintain compliance with relevant accessibility standards and to continuously improve user experience.

20.2 Reasonable Accommodations.
If you experience difficulty accessing content or functionality on the Site, you may request reasonable accommodation or an alternative format by contacting ejm@perfectionshoots.com. Please include a detailed description of the accessibility issue, the requested accommodation, and your contact information so that we may respond promptly.

20.3 Ongoing Improvements.
Perfectionshoots regularly reviews its website and third-party platforms for accessibility and usability. Where third-party systems such as gallery or payment services are used, Perfectionshoots encourages those providers to maintain accessibility in accordance with industry standards but cannot control or guarantee their compliance.

20.4 Feedback.
We welcome feedback on how to improve accessibility and user experience. Please direct comments or suggestions to ejm@perfectionshoots.com. All feedback will be reviewed, and reasonable steps will be taken to enhance accessibility where possible.

SECTION 21 – FORCE MAJEURE

21.1 Definition.
Perfectionshoots shall not be liable for any failure or delay in performing its obligations under these Terms or any Service Agreement if such failure or delay is caused by circumstances beyond its reasonable control (“Force Majeure Event”). These include, but are not limited to, acts of God, natural disasters, pandemics, government restrictions, strikes, labor disputes, power failures, equipment malfunctions, transportation interruptions, civil unrest, acts of terrorism, or the illness, injury, or death of key personnel.

21.2 Notice of Delay.
In the event of a Force Majeure Event, Perfectionshoots will notify the Client as soon as reasonably practicable. The performance of the affected obligations will be suspended during the period of delay caused by the Force Majeure Event.

21.3 Rescheduling or Termination Due to Force Majeure.
If Services cannot reasonably be performed due to a Force Majeure Event, Perfectionshoots may, at its discretion:
(a) Offer to reschedule the Services to a mutually agreeable date; or
(b) Cancel the Services and provide a refund of any payments received, less expenses already incurred.

21.4 Limitation of Liability.
In no event shall Perfectionshoots be held responsible for indirect or consequential damages, lost profits, or emotional distress resulting from a delay or cancellation due to a Force Majeure Event. Refunds or rescheduling under this section shall constitute the Client’s exclusive remedy.

21.5 Client Cooperation.
Clients acknowledge that Force Majeure Events may require flexibility and agree to cooperate with Perfectionshoots in rescheduling or adjusting timelines where reasonable.

SECTION 22 – LIMITATION OF LIABILITY

22.1 General Limitation.
To the maximum extent permitted by law, Perfectionshoots and its owners, employees, agents, or affiliates shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, data loss, emotional distress, or business interruption arising out of or in connection with the use of the Site or Services, even if advised of the possibility of such damages.

22.2 Maximum Liability.
In no event shall Perfectionshoots’ total liability to the Client for any claim, loss, or damage exceed the total amount actually paid by the Client for the specific Service giving rise to the claim. This limitation applies regardless of the cause of action, whether in contract, tort, negligence, or otherwise.

22.3 No Warranties.
All Services are provided “as is” and “as available” without warranties of any kind, express or implied. Perfectionshoots expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

22.4 Client Assumption of Risk.
By participating in a photography or videography session or event, the Client voluntarily assumes all risks associated with the location, event conditions, and participation of guests. Perfectionshoots is not responsible for injuries, accidents, or property damage occurring during or as a result of the Services.

22.5 Limitation Period.
Any legal claim or cause of action arising from or related to the Services must be filed within one (1) year after the cause of action accrues. Claims filed after this period shall be permanently barred.

22.6 Third-Party Services.
Perfectionshoots shall not be held liable for the acts, omissions, or errors of third-party service providers, including but not limited to payment processors, gallery hosts, social media platforms, or printing vendors.

SECTION 23 – INDEMNIFICATION

23.1 Client Indemnification.
The Client agrees to indemnify, defend, and hold harmless Perfectionshoots, its owners, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, demands, suits, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with:
(a) The Client’s breach of these Terms or any Service Agreement;
(b) The Client’s misuse of the Site, Services, or delivered content;
(c) The Client’s violation of any law or the rights of any third party; or
(d) Any claim based on materials, images, or information provided by the Client to Perfectionshoots for use in performing the Services.

23.2 Third-Party Claims.
If a third party brings a claim against Perfectionshoots related to the Client’s actions, materials, or conduct, the Client agrees to assume responsibility for the defense and to reimburse Perfectionshoots for all resulting costs, damages, and expenses, including reasonable attorney’s fees.

23.3 Notification of Claims.
Perfectionshoots will provide the Client with prompt written notice of any claim, action, or proceeding for which indemnification may be sought. The Client must cooperate fully in the defense of such claims and may not settle any matter without the prior written consent of Perfectionshoots.

23.4 Survival.
This indemnification clause shall survive the termination, expiration, or completion of the Services and any other provisions of these Terms.

SECTION 24 – DISPUTE RESOLUTION AND ARBITRATION

24.1 Good Faith Resolution.
Before initiating any legal action, both the Client and Perfectionshoots agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Services through good-faith negotiation. Either party may initiate this process by sending written notice to the other at the email address provided in this Agreement.

24.2 Binding Arbitration.
If the dispute cannot be resolved through informal negotiation within thirty (30) days, it shall be resolved by binding arbitration conducted under the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration body. The arbitration shall be held in Pueblo County, Colorado, unless both parties agree otherwise in writing.

24.3 Arbitration Rules.
The arbitration shall be conducted by a single neutral arbitrator. Each party shall bear its own costs and legal fees, except as otherwise provided by law. The arbitrator shall have authority to award monetary damages consistent with the limitations set forth in these Terms but shall not award punitive damages or injunctive relief.

24.4 No Class Actions.
The Client and Perfectionshoots agree that any arbitration shall be conducted only in their individual capacities and not as a class action, collective action, or other representative proceeding. The Client expressly waives any right to participate in a class action or class-wide arbitration against Perfectionshoots.

24.5 Choice of Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-law principles.

24.6 Venue for Enforcement.
If arbitration enforcement or judicial review becomes necessary, such actions shall be brought exclusively in the District Court of Pueblo County, Colorado or the United States District Court for the District of Colorado, and both parties consent to personal jurisdiction in those courts.

24.7 Survival.
This arbitration agreement shall survive the termination, cancellation, or expiration of these Terms or the completion of any Services.

SECTION 25 – MISCELLANEOUS PROVISIONS

25.1 Entire Agreement.
These Terms, together with any executed Service Agreement, invoice, or written communication from Perfectionshoots, constitute the entire agreement between the Client and Perfectionshoots concerning the subject matter herein and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral.

25.2 Severability.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable portion shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent.

25.3 No Waiver.
The failure of Perfectionshoots to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Perfectionshoots.

25.4 Assignment.
The Client may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of Perfectionshoots. Any attempted assignment without such consent shall be null and void. Perfectionshoots may assign its rights and obligations under these Terms without notice.

25.5 Independent Contractor.
Perfectionshoots operates as an independent contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, or employer-employee relationship between the Client and Perfectionshoots.

25.6 Notices.
All notices, requests, or communications required or permitted under these Terms shall be sent in writing via email to ejm@perfectionshoots.com. Notices are deemed received upon confirmation of delivery.

25.7 Headings.
Headings are for reference purposes only and do not affect the meaning or interpretation of any provision of these Terms.

25.8 Survival of Obligations.
All provisions that by their nature should survive termination—including but not limited to payment obligations, intellectual property rights, limitation of liability, indemnification, and dispute resolution—shall survive the termination or expiration of these Terms.

25.9 Updates to Terms.
Perfectionshoots reserves the right to amend or update these Terms periodically. The most current version will always be posted on the website with the effective date listed below. Continued use of the Site or Services after any modification constitutes acceptance of the updated Terms.