Terms of Service
These Terms of Service ("Terms") govern photography services provided by Bobby’s Lens ("Photographer," "we," "us," or "our") to any individual, business, or organization ("Client," "you," or "your").
By booking, purchasing, or using photography services provided by Bobby’s Lens, you agree to these Terms.
1. Photography Services
Bobby’s Lens provides portrait, headshot, corporate headshot, and related photography services.
The specific services, session details, deliverables, pricing, and fees applicable to your booking will be described in your proposal, invoice, booking confirmation, or other written agreement.
These Terms apply unless a separate written agreement signed by both parties specifically states otherwise.
2. Booking and Payment
A photography session is not considered confirmed until the required booking fee or payment has been received.
Any remaining balance is due according to the payment schedule provided at the time of booking.
Bobby’s Lens reserves the right to decline or cancel a booking if required payments are not received when due.
Prices and packages are subject to change, but changes will not affect services that have already been booked and confirmed.
3. Cancellations and Rescheduling
If you need to cancel or reschedule a session, please provide as much notice as reasonably possible.
Rescheduling is subject to Photographer availability.
Booking fees and deposits may be non-refundable because they reserve the Photographer's time and prevent that time from being offered to other clients.
If a session is canceled with insufficient notice, the Client may be responsible for the applicable cancellation fee or remaining balance specified in the booking agreement.
Specific cancellation and rescheduling terms provided with your booking will take precedence over these general Terms.
4. Client Preparation and Cooperation
The Client is responsible for arriving on time and being reasonably prepared for the scheduled session.
For corporate or group sessions, the Client is responsible for providing accurate scheduling information and ensuring that participating individuals are available at their assigned times.
Delays caused by the Client may reduce the amount of available shooting time and may affect the number of photographs produced.
Bobby’s Lens will provide reasonable direction regarding posing, expressions, lighting, and positioning during the session.
5. Photographer's Creative Judgment
Photography involves artistic and creative judgment.
The Client acknowledges that differences in lighting, composition, posing, expression, editing, and artistic style do not constitute a failure to perform the contracted services.
Bobby’s Lens will make reasonable efforts to produce photographs consistent with the Photographer's established style and the services purchased.
Specific photographs, poses, expressions, or compositions cannot be guaranteed unless expressly agreed to in writing.
6. Image Selection and Delivery
The number of images delivered will depend on the package or service purchased.
Where image selection is included, the Client may be provided with a gallery from which to select final images.
Bobby’s Lens will determine which images are technically suitable for delivery.
Final images may be professionally edited and retouched according to the style and level of editing included with the purchased service.
Raw, unedited, or original camera files are not included unless specifically agreed to in writing.
7. Retouching
Standard professional retouching is included when specified in the selected package.
Additional or extensive retouching may be available for an additional fee.
Examples of additional retouching may include significant removal or alteration of clothing, body shape, background elements, hair, or other substantial modifications.
Bobby’s Lens reserves the right to determine what constitutes standard versus extensive retouching.
8. Copyright
All photographs created by Bobby’s Lens remain the copyrighted property of Bobby’s Lens unless copyright is expressly transferred to the Client through a separate written agreement.
The Client does not receive copyright ownership simply by purchasing photography services or receiving digital images.
Copyright includes the exclusive right to reproduce, distribute, display, license, and create derivative works from the photographs, subject to applicable law.
9. Client Image License
Unless otherwise specified in writing, the Client receives a non-exclusive license to use the final delivered photographs for the purposes described in the applicable package or agreement.
For personal headshots, this generally includes personal websites, LinkedIn, social media, resumes, email signatures, and other personal professional uses.
For business or corporate photography, permitted usage will be determined by the applicable agreement or package.
Commercial licensing, advertising, resale, publication, merchandise, or other uses outside the granted license may require additional permission or licensing fees.
10. Model and Promotional Release
Unless the Client has expressly opted out in writing where an opt-out is offered, the Client grants Bobby’s Lens permission to display photographs created during the session for portfolio, website, social media, advertising, promotional, competition, and other marketing purposes.
For corporate sessions, Bobby’s Lens will rely on the Client or contracting organization to obtain any necessary permissions from employees or participants where applicable.
If a Client requires that photographs not be used for promotional purposes, that restriction should be communicated before the session and confirmed in writing.
11. Third-Party Use
The Client is responsible for ensuring that any third party receiving or using the photographs complies with the applicable image license.
The Client may not transfer, sublicense, sell, or otherwise grant third parties rights to the photographs beyond the rights expressly provided by Bobby’s Lens.
12. Location and Environmental Conditions
For sessions held at a Client's office, home, outdoor location, or other third-party location, the Client is responsible for providing reasonable access to the location and any required permissions.
Bobby’s Lens is not responsible for conditions outside the Photographer's control that materially affect the session, including unsafe conditions, inadequate space, excessive noise, unavailable electrical power, restricted access, or other location-related issues.
13. Weather and Unforeseen Circumstances
For outdoor sessions, weather-related rescheduling may be necessary when conditions could negatively affect the safety or quality of the session.
Bobby’s Lens may also need to reschedule a session because of illness, emergency, equipment failure, severe weather, unsafe conditions, or other circumstances beyond reasonable control.
In such circumstances, Bobby’s Lens will make reasonable efforts to reschedule the session.
14. Equipment Failure and Technical Problems
Bobby’s Lens maintains professional equipment and takes reasonable precautions to protect photographs.
However, photography involves technical equipment and digital media that can occasionally fail.
In the unlikely event that a technical failure, corrupted media, data loss, or other circumstance beyond reasonable control prevents delivery of the contracted photographs, Bobby’s Lens' liability will be limited to a refund of amounts paid for the affected photography services, to the maximum extent permitted by law.
15. Client Satisfaction
Bobby’s Lens will make reasonable efforts to provide professional photography services consistent with the agreed-upon package and the Photographer's established style.
Because photography is subjective, dissatisfaction based solely on personal preference does not automatically constitute grounds for a refund or reshoot.
If you have concerns about your images or experience, please contact Bobby’s Lens promptly so the issue can be discussed and, where appropriate, a reasonable solution can be considered.
16. Limitation of Liability
To the maximum extent permitted by applicable law, Bobby’s Lens will not be responsible for indirect, incidental, special, consequential, or punitive damages arising from the services provided.
To the extent permitted by law, Bobby’s Lens' total liability arising from a photography service will not exceed the amount actually paid by the Client for the affected service.
Nothing in these Terms is intended to waive rights or remedies that cannot legally be waived.
17. Personal Property and Safety
Clients and participants are responsible for their personal belongings and personal property during photography sessions.
Bobby’s Lens is not responsible for loss, theft, or damage to personal property except where caused by the Photographer's proven negligence or as otherwise required by law.
Clients and participants are expected to behave safely and respectfully during sessions.
Bobby’s Lens may end a session without refund if a Client or participant engages in threatening, abusive, discriminatory, harassing, or unsafe behavior.
18. Minors
A parent or legal guardian must provide any required consent for photography services involving a minor.
The parent or legal guardian is responsible for ensuring that the minor follows reasonable instructions during the session.
19. Third-Party Vendors
Bobby’s Lens may use third-party services for purposes such as online galleries, payment processing, printing, album production, scheduling, file delivery, or other business functions.
Bobby’s Lens is not responsible for interruptions or failures caused solely by third-party providers, although reasonable efforts will be made to resolve issues when possible.
20. Privacy
Personal information provided to Bobby’s Lens will be handled in accordance with the Bobby’s Lens Privacy Policy.
Client information will not knowingly be sold to third parties.
21. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Any dispute arising from services provided by Bobby’s Lens will be subject to applicable Florida law and the jurisdiction of the appropriate courts, unless otherwise required by law.
22. Changes to These Terms
Bobby’s Lens may update these Terms from time to time.
The version of these Terms in effect when a service is booked will generally apply to that booking unless otherwise agreed in writing.
23. Entire Agreement
These Terms, together with the applicable proposal, invoice, booking confirmation, package description, contract, or other written agreement between Bobby’s Lens and the Client, constitute the agreement governing the applicable photography services.
If there is a conflict between these Terms and a separately signed agreement, the separately signed agreement will control.
24. Contact
Questions regarding these Terms or your photography services may be directed to:
Bobby’s Lens
Email: Bobby@BobbysLens.com
Phone: 612-770-0117