Terms of service.
Effective Date: December 1, 2024
1. Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between Sabrina Marie Studio, located in Costa Mesa, California ("we," "our," "us," "Service Provider," or "Photographer") and any person or entity ("Client," "you," or "your") who engages our services. By engaging with Sabrina Marie Studio, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
1.1 Binding Agreement
Your engagement with Sabrina Marie Studio begins when you take any of the following actions: submitting a booking inquiry, paying a deposit, signing a service agreement, scheduling a session, participating in a consultation, or receiving any services. Upon taking any of these actions, you agree to be bound by all terms and conditions contained within this document.
1.2 Legal Capacity
By accepting these Terms, you represent and warrant that you are at least 18 years of age and possess the legal authority to enter into this binding agreement. You further warrant that you have the financial means to fulfill all payment obligations and are not under any legal impediment that would invalidate this agreement. If you are entering this agreement on behalf of a business entity, you warrant that you have the authority to bind that entity to these Terms.
2. Services Overview
2.1 Photography Services
Our professional photography services encompass branding photography sessions designed to meet your business and personal branding needs. We conduct all photography sessions at our studio located in Orange County, California, unless otherwise specifically agreed upon in writing. Each session includes the following elements and requirements:
Studio Environment and Equipment
We provide a professional studio environment equipped with standard white backdrops for all sessions. Upon special request and advance notice, a tan backdrop option is available. We encourage clients to bring props that enhance their personal brand and marketing goals. All equipment used in your session is professional-grade and maintained to industry standards.
Session Delivery and Timeline
Following your photography session, we will process and deliver your images according to these specifications:
We will provide all final images through a password-protected online gallery.
You will receive your images within fourteen (14) business days from the date of your session.
Our business days are defined as Wednesday through Sunday.
We maintain multiple backup systems to ensure the security of your images.
Basic retouching and color correction are included with your session.
Additional retouching services are available for an additional fee.
2.2 Website Design Services
Our website design services include comprehensive design, development, and coaching to create a professional online presence for your business. The following specifications and deliverables are included in our website design services:
Design and Development Process
We follow a structured design and development process that includes:
A comprehensive initial consultation to understand your business goals and requirements.
Development of website wireframes to establish layout and functionality.
Creation of custom design concepts aligned with your brand.
Implementation of responsive design principles to ensure mobile compatibility.
Integration of basic search engine optimization elements.
Development of up to five (5) core website pages, with additional pages available for an extra fee.
Technical Specifications
All websites are built to meet modern technical standards, including:
Full mobile responsiveness to ensure proper display on all devices.
Cross-browser compatibility testing across major web browsers.
Implementation of basic security measures to protect your website.
Integration of contact forms and social media elements as specified in your project scope.
Setup of basic analytics to track website performance.
Performance optimization to ensure fast loading times.
3. Payment Terms
3.1 Fee Structure and Payment Requirements
All services provided by Sabrina Marie Studio require payment according to the following terms and conditions:
Deposit and Booking
A non-refundable deposit of fifty percent (50%) of the total project fee is required to secure any service booking. This deposit serves as a commitment to the project and reserves your dedicated time slot or project timeline. The deposit will be applied to the total project fee but is not refundable under any circumstances.
Payment Methods
We accept payment through approved credit cards and bank transfers. All payments must be made in United States Dollars. Any fees associated with payment processing, including international transaction fees, will be the responsibility of the client. We do not accept cash payments or cryptocurrency.
Payment Plans
Following the payment of your initial deposit, we offer a flexible payment plan option that consists of four (4) equal payments. If you elect to utilize a payment plan, the following conditions apply:
An installment fee of ninety-nine dollars ($99) will be added to your total balance.
Payments must be made every two weeks following your deposit date.
Automatic payment must be arranged through our approved payment system.
A written payment plan agreement must be signed before the plan begins.
All payments must be completed before final deliverables are released.
3.2 Late Payments and Penalties
We maintain strict policies regarding late payments to ensure timely project completion and delivery:
Late Payment Consequences
If any payment is not received by its due date, the following consequences will apply:
A late fee of seventy-five dollars ($75) will be automatically assessed.
All work and deliverables will be suspended until payment is received.
Access to online galleries or website staging areas will be suspended.
After fourteen (14) days of delinquency, any payment plan agreement will be void.
After thirty (30) days of delinquency, the account may be sent to collections.
The client will be responsible for all costs associated with collections efforts.
3.3 Pricing Confidentiality
Our pricing structure includes special discounts and rates that require strict confidentiality:
Confidentiality Requirements
By accepting these terms, you agree to maintain absolute confidentiality regarding all pricing information, including but not limited to:
Total project costs
Payment plan terms
Special discounts received
Package pricing
Add-on service rates
Any promotional offers
Breach of Confidentiality
Any breach of pricing confidentiality will result in the following:
Immediate termination of any active discounts
Potential legal action for breach of contract
Minimum damages of five thousand dollars ($5,000)
Prohibition from future service engagement
Requirement to remove any public references to pricing
Payment of legal fees associated with enforcement
4. Intellectual Property Rights
4.1 Ownership and Copyright
Photography Ownership
All photographs, images, and related materials created by Sabrina Marie Studio remain our exclusive intellectual property. This ownership includes:
All RAW image files, which will never be provided to clients
All edited and final images delivered through our gallery
All behind-the-scenes content and documentation
All preliminary edits and variations
All metadata and technical information
All creative concepts and artistic direction
Website Design Ownership
The ownership of website design elements is structured as follows:
Custom code becomes client property upon final payment
Design concepts and templates remain property of Sabrina Marie Studio
Third-party elements are subject to their respective licenses
Custom graphics remain our property unless specifically transferred in writing
Content provided by the client remains client property
Development frameworks and libraries retain their original licenses
4.2 Licensed Usage Rights
Photography License Terms
Upon full payment, clients receive a limited license for image use under these specific conditions:
Permitted Uses:
Personal social media posts with required credit to Sabrina Marie Studio
Professional profile photos on business platforms
Personal website usage with visible attribution
Personal printing for non-commercial purposes
Creation of personal gifts using the images
Marketing materials as specified in your service agreement
Prohibited Uses:
Commercial licensing without a separate agreement
Sale or transfer of images to third parties
Contest submissions without written consent
Editorial use without express permission
Advertising beyond the scope of your license
Any modification, filtering, or alteration of images
Website License Terms
Upon full payment, clients receive the following website usage rights:
Permitted Uses:
Operation of business website as designed
Content updates and basic maintenance
Marketing and promotional purposes
Social media integration and sharing
Business operations and communications
Client portfolio display
Prohibited Uses:
Resale of design templates or elements
Transfer of custom code to third parties
Creation of derivative websites
Competitor analysis or replication
Template distribution or sharing
Modification of core design elements
5. Service Delivery
5.1 Photography Service Delivery
Delivery Timeline
Sabrina Marie Studio adheres to a strict delivery schedule for all photography services. We will deliver your final images within fourteen (14) business days following your photography session. Our business days are defined as Wednesday through Sunday, and this timeline may be extended by holidays or force majeure events. Should you require expedited delivery, rush service is available for an additional fee of fifty percent (50%) of your session cost.
Image Delivery Specifications
All final images will be delivered through our professional online gallery system, which includes the following specifications:
Your gallery will be password-protected for your security and privacy.
The gallery will remain active for a minimum of thirty (30) days from the delivery date.
You will receive both high-resolution files for printing and web-optimized files for digital use.
All images will include basic retouching and professional color correction.
A backup of your images will be maintained in our secure system for sixty (60) days.
Additional gallery hosting time is available for purchase in thirty (30) day increments.
5.2 Website Design Delivery
Project Timeline and Phases
Our website design process follows a structured timeline consisting of these defined phases:
Discovery and Planning Phase:
This initial phase requires seven to fourteen (7-14) business days.
We will conduct a comprehensive project planning session.
You will receive a detailed project timeline and milestone schedule.
We will establish all technical requirements and specifications.
You must provide all necessary access credentials during this phase.
Design and Development Phase:
This phase typically spans twenty to thirty (20-30) business days.
We will create and present initial design concepts for your approval.
You will receive regular progress updates throughout development.
We will conduct thorough testing across all major browsers and devices.
You must provide feedback within three (3) business days of each presentation.
Launch Preparation Phase:
This final phase requires five to seven (5-7) business days.
We will conduct comprehensive quality assurance testing.
You will receive training on your website's content management system.
We will perform final optimization and security checks.
You must provide final approval before the site goes live.
6. Client Responsibilities
6.1 General Obligations
Communication Requirements
As a client of Sabrina Marie Studio, you agree to maintain professional and timely communication throughout our engagement:
You must respond to all project-related communications within forty-eight (48) hours.
You must provide accurate and current contact information at all times.
You must attend all scheduled meetings, sessions, or consultations as agreed.
You must provide written notice at least twenty-four (24) hours in advance of any meeting cancellation.
You must maintain a professional and courteous demeanor in all interactions.
You must designate a primary point of contact for all project communications.
Technical Requirements
To ensure successful delivery of our services, you must maintain these technical capabilities:
You must maintain a working email address throughout our engagement.
You must possess or obtain any necessary software for viewing and managing deliverables.
You must maintain adequate internet connectivity for file transfers and online meetings.
You must provide secure access to any required third-party platforms or services.
You must maintain current backup systems for any content you provide.
You must ensure compatibility with our specified technical requirements.
6.2 Service-Specific Responsibilities
Photography Client Obligations
When engaging our photography services, you agree to the following requirements:
You must arrive at your scheduled session on time and prepared.
You must secure any necessary permits or permissions for shooting locations.
You must obtain signed model releases for any additional participants.
You must provide any specific props or materials you wish to include.
You must follow our pre-session preparation guidelines.
You must notify us of any specific requirements or health concerns in advance.
Website Design Client Obligations
For website design services, you agree to fulfill these specific responsibilities:
You must provide all necessary brand assets and guidelines.
You must deliver all required content in our specified format.
You must review and approve design elements within specified timeframes.
You must maintain current hosting and domain registrations.
You must provide timely access to any required third-party services.
You must participate in necessary training sessions.
7. Cancellation and Rescheduling Policies
7.1 Photography Session Cancellation
Cancellation Terms
Sabrina Marie Studio maintains a strict cancellation policy for all photography services. Upon booking a photography session, you acknowledge and agree to the following terms:
Your booking deposit is non-refundable under any circumstances.
No refunds will be issued for any payments made prior to cancellation.
Cancellation of your session does not relieve you of any payment obligations.
Credit for future services will not be provided in lieu of refunds.
Your session time slot will be released upon cancellation.
You may not transfer your session or payments to another client.
Force Majeure Exceptions
In the event of cancellation due to circumstances beyond reasonable control, the following provisions will apply:
We will document the specific circumstances causing the cancellation.
We will make reasonable efforts to reschedule your session.
We will maintain your payment credits for ninety (90) days.
We will provide priority rebooking when services resume.
We will notify you of any changes to our service capabilities.
We will work with you to find suitable alternatives when possible.
7.2 Website Project Cancellation
Project Termination
Should you choose to terminate a website design project, the following terms will apply:
Your initial deposit remains non-refundable in all circumstances.
You must pay for all work completed up to the cancellation date.
A kill fee of twenty-five percent (25%) of the remaining balance will be assessed.
All third-party costs and licenses remain your responsibility.
A project transfer fee will apply if you request handover of incomplete work.
The minimum cancellation fee is five hundred dollars ($500).
Project Delays and Abandonment
In cases of project delays or abandonment, these terms will be enforced:
Delays caused by client actions will result in additional billing at our standard rates.
Projects inactive for thirty (30) days will incur a restart fee.
Storage fees will apply for projects inactive beyond sixty (60) days.
Projects will be considered abandoned after ninety (90) days of inactivity.
Abandoned projects forfeit all paid fees and deliverables.
Reactivation of abandoned projects requires a new service agreement.
8. Warranties and Disclaimers
8.1 Service Provider Warranties
Professional Service Warranty
Sabrina Marie Studio warrants that all services will be performed according to these professional standards:
We will utilize current industry-standard practices and techniques.
We will employ professional-grade equipment and software.
We will maintain appropriate backup systems and security measures.
We will provide services through qualified personnel.
We will follow established quality control procedures.
We will maintain appropriate insurance coverage.
Technical Performance Warranty
For all technical deliverables, we warrant the following:
Websites will function properly in current versions of major browsers.
Code will be written to current industry standards.
Design elements will be optimized for performance.
Mobile responsiveness will be implemented according to current standards.
Basic security measures will be implemented appropriately.
Technical documentation will be provided as specified.
8.2 Disclaimer of Specific Results
Results Disclaimer
Sabrina Marie Studio explicitly disclaims any guarantee of specific results, including:
We cannot guarantee specific aesthetic outcomes beyond our portfolio style.
We cannot promise specific business results from our services.
We cannot ensure specific revenue generation from deliverables.
We cannot guarantee specific marketing or social media outcomes.
We cannot assure specific search engine rankings or performance.
We cannot promise specific competitive advantages.
External Factors
We explicitly disclaim responsibility for circumstances beyond our control, including:
Changes to third-party platforms or services.
Updates to search engine algorithms or policies.
Changes in market conditions or competition.
Evolution of industry standards or practices.
Technical limitations of client systems or services.
Actions of third-party service providers.
9. Liability and Indemnification
9.1 Limitation of Liability
Financial Limitations
Sabrina Marie Studio's liability shall be strictly limited under the following terms:
Our maximum liability shall not exceed the total amount paid for services under this agreement.
We shall not be liable for any consequential or indirect damages.
We shall not be responsible for lost profits or revenue.
We shall not be liable for any third-party claims against the client.
We shall not be responsible for losses resulting from client-provided content or materials.
We shall not be liable for damages resulting from client misuse of deliverables.
Technical Limitations
We explicitly limit our liability regarding technical matters as follows:
We shall not be responsible for server downtime or hosting issues.
We shall not be liable for security breaches beyond our reasonable control.
We shall not be responsible for data loss due to third-party actions.
We shall not guarantee compatibility with all future browser versions.
We shall not be liable for issues arising from client-directed modifications.
We shall not be responsible for performance issues caused by third-party services.
9.2 Client Indemnification
Scope of Indemnification
The client agrees to indemnify, defend, and hold harmless Sabrina Marie Studio against any claims arising from:
Content or materials provided by the client for use in deliverables.
Client's business practices or operations.
Client's use or modification of provided deliverables.
Client's breach of these Terms of Service.
Client's violation of any laws or regulations.
Client's breach of any third-party agreements.
Coverage of Indemnification
The client's indemnification obligation shall include coverage of:
All reasonable legal fees and expenses incurred in defense.
Court costs and filing fees related to claims.
Settlement costs approved by the client.
Costs of investigation and evidence gathering.
Expert witness fees and related expenses.
Administrative costs related to claim defense.
10. Confidentiality
10.1 Protected Information
Definition of Confidential Information
The following categories of information shall be considered confidential:
All pricing information and special offers provided to the client.
All business processes and methodologies used in service delivery.
All client lists and project details maintained by Sabrina Marie Studio.
All strategic plans and business development information.
All technical processes and proprietary methods.
All financial information related to either party.
Project-Specific Confidentiality
The following project elements shall be maintained as confidential:
All preliminary design concepts and development strategies.
All project planning documents and timelines.
All client feedback and revision requests.
All custom solutions developed for specific projects.
All communication regarding project development.
All unreleased content and materials.
10.2 Confidentiality Obligations
Duration of Obligations
Confidentiality obligations shall persist according to these timeframes:
Trade secrets shall be protected in perpetuity.
Business information shall be protected for five (5) years.
Technical information shall be protected for three (3) years.
Project details shall be protected for two (2) years.
These obligations shall survive the termination of services.
Extensions may be granted through written agreement.
Permitted Disclosures
Information may only be disclosed under these specific circumstances:
When required by law or court order after notice to the other party.
When necessary for regulatory compliance with notice to the other party.
When authorized in writing by the information owner.
When disclosed to professional advisors under confidentiality obligations.
When required in an emergency to protect health or safety.
When the information has become publicly available through no fault of the recipient.
11. Force Majeure
11.1 Force Majeure Events
Natural Events
Sabrina Marie Studio and the client acknowledge that the following natural events shall constitute force majeure when they prevent or substantially impair service delivery:
Natural disasters including earthquakes, floods, and hurricanes.
Severe weather conditions that make service delivery unsafe or impossible.
Wildfires or other environmental emergencies affecting our service area.
Public health emergencies or pandemics declared by governing authorities.
Environmental disasters affecting our facility or service locations.
Any other natural event beyond reasonable human control.
Human Events
The following human-caused events shall also constitute force majeure when they prevent or substantially impair service delivery:
Acts of war or terrorism affecting our service area.
Civil unrest or riots preventing safe service delivery.
Government actions or regulations that prohibit service delivery.
Labor disputes or strikes affecting critical services.
Widespread infrastructure failures affecting our ability to operate.
Cybersecurity incidents beyond our reasonable control.
11.2 Force Majeure Response
Service Modifications
In the event of force majeure, the following modifications may be implemented:
Service timelines shall be extended as necessary to accommodate the event.
Alternative delivery methods may be proposed when feasible.
Service locations may be changed to ensure safety and feasibility.
Format adaptations may be made to meet current conditions.
Resource allocation may be adjusted to maintain service quality.
Digital alternatives may be offered when appropriate.
Financial Adjustments
Force majeure events may necessitate the following financial adjustments:
Payment schedules may be modified to reflect service delays.
Additional costs necessitated by alternative delivery methods shall be discussed.
Refunds shall be considered only when services cannot be delivered in any form.
Credits may be issued for future services when appropriate.
Fee structures may be adjusted to accommodate modified service delivery.
Additional expenses required by force majeure shall be shared equitably.
12. Dispute Resolution
12.1 Resolution Process
Initial Resolution Attempts
All disputes shall first be addressed through this progressive resolution process:
The disputing party must provide detailed written notice of the dispute.
Parties shall engage in good-faith direct negotiation for thirty (30) days.
Senior management from both parties shall be involved in negotiations.
All negotiations shall be considered confidential settlement discussions.
Parties shall document all resolution attempts in writing.
Mediation shall be required before pursuing other remedies.
Formal Resolution Requirements
If initial resolution attempts fail, these formal procedures shall be followed:
All disputes shall be resolved through binding arbitration.
Arbitration shall be conducted in Orange County, California.
The American Arbitration Association rules shall govern proceedings.
A single arbitrator shall be selected by mutual agreement.
The arbitrator's decision shall be final and binding.
Court intervention shall be limited to enforcing arbitration.
12.2 Legal Proceedings
Cost Responsibility
Legal costs shall be allocated according to these provisions:
The prevailing party shall recover reasonable attorney fees.
Court costs shall be paid by the non-prevailing party.
Expert witness fees shall be paid by the requesting party.
Administrative costs shall be shared equally.
Collection costs shall be paid by the delinquent party.
Translation or interpretation costs shall be shared equally.
Venue and Jurisdiction
All legal proceedings shall be subject to these jurisdictional requirements:
California law shall govern all aspects of this agreement.
Orange County, California shall be the exclusive venue.
Parties consent to personal jurisdiction in California.
Federal law shall apply where applicable.
Choice of law provisions shall be enforced.
International law shall be applied where appropriate.
13. General Provisions
13.1 Agreement Modification
Amendment Requirements
Any modifications to this agreement must meet these criteria:
All changes must be documented in writing.
Both parties must sign any amendments.
Email confirmation of changes must be maintained.
Version control must be documented.
Change history must be preserved.
Modification dates must be recorded.
Severability
The agreement shall be protected by these severability provisions:
Invalid provisions shall be severed from the agreement.
Remaining provisions shall continue in full effect.
Invalid provisions shall be replaced with valid alternatives.
Original intent shall be preserved when possible.
Core agreement purposes shall be maintained.
Legal compliance shall be preserved.
13.2 Communications
Official Notice Requirements
All official notices must be delivered according to these specifications:
Notices must be sent in writing to the designated address.
Email notices must be confirmed as received.
Time-sensitive notices must be sent by trackable methods.
Contact information changes must be communicated promptly.
Multiple contact methods should be maintained.
Receipt of critical notices must be confirmed.
14. Digital Products and Educational Materials
14.1 Digital Product Terms
Nature of Digital Products
All digital products, courses, templates, guides, educational materials, and downloadable content ("Digital Products") provided by Sabrina Marie Studio are subject to the following terms:
All Digital Products are delivered in their current state, as is.
Digital Products are non-refundable upon delivery or access granted.
Access to Digital Products may be restricted to a specified time period.
Digital Products may be updated or modified at our sole discretion.
Technical requirements for accessing Digital Products may change.
Digital Products may not be compatible with all systems or devices.
Usage Restrictions
When purchasing our Digital Products, you agree to these usage restrictions:
Digital Products are for personal or single-business use only.
Sharing, reselling, or redistributing Digital Products is strictly prohibited.
Digital Products may not be used to create competing products or services.
Modification of Digital Products for redistribution is not permitted.
Public display or teaching of Digital Product content requires written permission.
Access credentials may not be shared with any third party.
14.2 Results Disclaimer
No Guarantee of Results
Sabrina Marie Studio explicitly disclaims any guarantee of specific results from the use of our Digital Products:
We do not guarantee any specific financial or business outcomes.
Results shown in testimonials or case studies are not typical or guaranteed.
Individual results will vary based on numerous factors beyond our control.
Past performance does not indicate or guarantee future results.
Implementation of strategies requires independent effort and capability.
Success depends on individual circumstances, effort, and market conditions.
Factors Affecting Results
Results from using our Digital Products may be affected by, but not limited to:
Individual skill level and experience
Time committed to implementation
Market conditions and competition
Business model and industry
Geographic location and target market
Available resources and capital
Individual business circumstances
Economic conditions
Algorithm changes and platform updates
Technical capabilities
Marketing budget and execution
14.3 User Responsibility
Implementation Responsibility
Users of our Digital Products acknowledge and agree that:
Implementation of provided strategies is solely the user's responsibility.
Technical support is limited to access and delivery issues only.
No customized advice or consulting is included with Digital Products.
Users must evaluate suitability for their specific situation.
Additional tools or resources may be required for implementation.
Professional advice should be sought when necessary.
User Acknowledgment
By purchasing or accessing our Digital Products, users explicitly acknowledge:
They have thoroughly reviewed the product description and requirements.
They understand no specific results are guaranteed.
They accept full responsibility for their use of the materials.
They assume all risk associated with implementation.
They are capable of implementing the strategies provided.
They will not hold Sabrina Marie Studio liable for their results.
14.4 Technical Delivery
Access and Delivery
Digital Products will be delivered according to these specifications:
Access information will be sent to the email provided at purchase.
Delivery will occur within twenty-four (24) hours of confirmed payment.
Access may be restricted to specific platforms or systems.
Technical requirements will be specified in the product description.
Download limits may apply to certain products.
Access duration will be clearly specified at purchase.
Technical Support
Technical support for Digital Products is limited to:
Initial access and delivery issues
Platform accessibility problems
Download assistance
Login credential resets
Basic access troubleshooting
File format guidance
By purchasing any Digital Product from Sabrina Marie Studio, you acknowledge and agree to all terms outlined in this section, including the explicit understanding that no specific results are guaranteed and that success depends on individual implementation and circumstances beyond our control.
Contact Information
All official communications shall be directed to:
Sabrina Marie Studio Costa Mesa, CA Email: hello@sabrinamariestudio.com
By engaging our services, you acknowledge that you have read, understood, and agreed to be bound by all terms and conditions contained within this document. These Terms of Service constitute the entire agreement between parties and supersede any prior agreements or understandings, whether written or oral.