Terms of Service

Ownership of Work:

Photographer will own all rights, title and interest of all the photos created. The Client (on behalf of itself and any attendees) grants the Photographer (M.MartinezPhoto) and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights as part of any Work Product or in connection with the marketing, advertising or promotion of M.MartinezPhoto's services, including in connection with M.MartinezPhoto’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict M.MartinezPhoto from using the materials as provided herein.

Client Use:

Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal or Commerical Use, provided that Client does not add or remove any attribution notices or copyright notices included by Photographer.

“Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.

“Commerical Use” includes, but is not limited to, the use (i) of photos on Client’s business social media pages or profiles; (ii) in Client’s marketing, such as advertisements, printed and digital; (iii) in commercial physical display; and (iv) in business communications, such as newsletters, emails, or publication. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to the use of the Work Product for commercial sale. The Client will not add any atribution of copyright to the images.

Refund Policy for Portrait Sessions and Prints:

In the case of camera failure, inclement weather, or any other unforeseen incident that prevents M.MartinezPhoto from shooting on a scheduled date a new date will be scheduled or client will be refund of their deposit, if applicable. No refund will be given under any circumstances if you fail to attend the activity on the day and at the time listed, when the booking was made.

Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned; M.MartinezPhoto has a strict NO REFUNDS POLICY. Once a transaction has been completed (i.e., the buyer selected and paid for the photo and then M.MartinezPhoto sent the buyer the correct photograph) it is then considered non-refundable. If a buyer has selected and purchase an incorrect photo, he/she must notify M.MartinezPhoto, before receiving the “incorrect” photograph.

Refunds will NOT be given due to “not liking a photo”, selecting an incorrect photo after the buyer has already received the photograph, or any other reason.

Any questions regarding these policies please email contact M.MartinezPhoto

Delivery, Payment, & Quality:

All prints and products are subject to your state sales tax and shipping when applicable. Due to the nature of custom photography, all sales are final. M.MartinezPhoto does, of course guarantee that the portraits you receive meet the highest standards in every respect and works with the customers to approve designs and custom work before orders are placed.

Payment of orders is due in full when the order is placed. Prints and products arrive 4-6 weeks after payment is received. Rush shipment is available on some items for an additional charge. All rates are subject to change at any time. In the interest of fairness to all customers, all rates are non-negotiable unless booked through a special promotion.

The session fee is paid in advance to secure the selected date. It is non-refundable should the session be canceled. The fee is transferable to another session date with at least 48 hours notice of the original booking. Special consideration are made for maternity and newborn sessions. The session fee does not include any images, either prints or digital negatives; these must be purchased separately.

Please make your selection carefully before ordering and if you have any questions please contat M.MartinezPhoto

Refund/Exchange Policy for Custom Photo Books:

Due to the custom pre-designed nature of these services, there are no refunds on any design order. Albums ordered are considered a custom product and therefore there are no refunds on any album orders. Flush Mount and Coffee Table Books are made to order and cannot be returned or exchanged unless: a manufacturer defect is evident and reported within 48 hours (2 business days) from the date it was received, damaged during shipping (a separate claim must be filed with the shipping carrier and also must be reported within 48 hours after being received), or in the even that the order was erroneously process such as an error was made on the size of the book or color/style, compared to the original recorded order.