Terms of Service | Michael Kloth Photography

Effective Date: February 2026
Last Updated: February 2026

These Terms of Service govern your use of michaelklothphotography.com and the photography services I provide. By booking a session, purchasing products, or using my website, you agree to these terms.

Quick Summary

When you hire me, you're booking my professional photography services. Session fees cover my time and expertise - prints and products are purchased separately. I retain copyright to all images, but you receive a license to use your purchased photos. Sessions require a deposit and are subject to my cancellation policy. I'm not liable for circumstances beyond my control.

1. Services Overview

What I Provide

Photography Services:

Pet photography sessions throughout greater Tucson
Professional headshot sessions for individuals and businesses
Corporate team photography and subscription services
Event and conference photography
Fine art photography sales

Mobile Studio Model: I operate a mobile studio and travel to your location within my service area (Tucson, Oro Valley, Marana, Vail, Catalina Foothills). I do not maintain a physical studio location for client sessions.

Service Area

I primarily serve the greater Tucson metropolitan area. Travel beyond this area may be available for an additional fee, determined on a case-by-case basis.

2. Booking and Payment Terms

Session Fees vs. Product Purchases

Important Distinction:

Session Fee: Covers my time, expertise, mobile studio setup, professional equipment, session coordination, and initial editing. The session fee does NOT include prints, digital files, or products.

Product Purchases: All prints, digital files, albums, and other products are purchased separately after your session during your proofing/ordering appointment.

This is standard practice in professional photography and ensures you only pay for the images you love.

Booking Process

1. Initial Inquiry:

Contact me via website form, email, or phone
Brief consultation to discuss your needs and preferences

2. Booking Confirmation:

Review and accept client agreement specific to your session type
Pay non-refundable booking deposit (typically 50% of session fee)
Session is officially booked once deposit is received

3. Session Preparation:

Receive session preparation guide
Confirm location, timing, and any special requirements

4. Post-Session:

Viewing/ordering appointment scheduled 5-7 days after session
Review edited images and select products
Place product order with payment in full

Payment Methods

I accept:

Credit/debit cards (Visa, Mastercard, American Express, Discover)
ACH bank transfers
Business checks (for corporate accounts with prior arrangement)

All payments are processed securely through Square or Stripe.

Pricing

Current pricing is available on my website and may change at any time. The prices quoted at the time of your booking are the prices that apply to your session, regardless of subsequent price changes.

3. Cancellation and Rescheduling

Client Cancellations

More than 14 days before session:

Full refund of deposit minus $50 administrative fee
OR apply full deposit to rescheduled session within 6 months

7-14 days before session:

50% refund of deposit
OR apply full deposit to rescheduled session within 6 months

Less than 7 days before session:

No refund
May apply deposit to rescheduled session within 3 months (subject to availability)

Day of session (no-show):

No refund
No rescheduling credit
Deposit forfeited

Rescheduling by Client

First Reschedule:

No fee if requested more than 7 days before session
New date must be within 6 months

Subsequent Reschedules:

$75 rescheduling fee
Subject to availability

Cancellation by Photographer

If I must cancel your session due to:

Illness, Emergency, or Equipment Failure:

Full refund of all payments
OR reschedule at no additional charge
I'll make every effort to provide advance notice

Severe Weather or Unsafe Conditions:

Session will be rescheduled at no charge
Decision to cancel due to weather is at my professional discretion
For outdoor sessions, light rain or wind may not constitute cancellation

My Cancellation Does Not Include:

Reimbursement for your travel expenses
Compensation for your time
Payment for any third-party services you arranged

4. Copyright and Usage Rights

I Retain Copyright

I retain full copyright ownership of all photographs I create. This is standard practice and protects both of us.

What This Means:

I maintain creative control over how my work is presented
I can include work in my portfolio and marketing
I can enter images in competitions
I can sell images for editorial or stock use (non-commercial only, with model releases where required)

Your License to Use Images

When you purchase prints or digital files, you receive a non-exclusive license to use those specific images according to the terms below.

Personal Use License (Pet Photography & Individual Headshots):

You MAY:

Display prints in your home or office
Share digital files on personal social media
Use for personal websites or blogs
Give prints as gifts to family and friends
Make additional prints for personal use

You MAY NOT:

Sell or license the images to others
Use images for commercial purposes or advertising
Submit images to contests or publications (without written permission)
Alter images beyond basic cropping (filters, heavy editing, or manipulation not permitted)
Remove watermarks or copyright information

Professional Use License (Business Headshots):

You MAY:

Use on business websites and LinkedIn
Use in marketing materials and business cards
Use in email signatures and proposals
Include in speaker bios and press kits
Provide to media for publication in connection with your professional activities

You MAY NOT:

Transfer license to another person
Use after employment changes make image outdated (update photos when you change companies or roles)
Use for product/service endorsements beyond your own business
Alter beyond basic cropping

Commercial License (Available Upon Request):

Extended usage rights for advertising, product packaging, widespread distribution
Requires separate commercial licensing agreement
Pricing based on scope and duration of usage

Image Alterations

Purchased images are professionally edited and represent my artistic work product. You may not:

Apply heavy filters or effects
Alter composition, colors, or exposure
Add text, graphics, or borders (except for social media platform features like Instagram frames)
Combine with other images
Use AI tools to modify faces or bodies

Basic cropping for specific formats (profile pictures, prints) is permitted.

Attribution

When sharing images on social media or public platforms, I appreciate (but don't require) credit as "Photo by Michael Kloth Photography" or tagging @michaelklothphotography.

5. Image Selection and Delivery

Editing Process

What's Included:

Professional color correction
Exposure adjustment
Minor blemish removal (headshots)
Standard retouching
Artistic editing consistent with my style

What's NOT Included:

Extensive retouching or manipulation
Adding/removing people or objects
Changing backgrounds
Body reshaping
Advanced compositing

If you want extensive editing beyond standard professional retouching, additional fees apply.

Proofing and Ordering

Timeline:

Online gallery available 5-7 days after session (for pet photography)
Viewing appointment scheduled 5-7 days after session (for headshots, typically via Zoom)

Image Selection:

You select which images to purchase
Minimum purchase requirements may apply (specified in session agreement)
Gallery access expires 90 days after session unless extended

Delivery:

Digital files delivered via secure download within 48 hours of payment
Prints and products ship within timeline specified at ordering (typically 2-4 weeks)

File Formats and Resolution

Digital Files:

High-resolution JPG files suitable for printing
Sized for 8x10" or larger prints
Color profiles embedded for accurate reproduction

Not Provided:

RAW files (unprocessed camera files)
Alternate edits or versions
Files edited by another photographer

6. Session Conduct and Expectations

Your Responsibilities

Before the Session:

Arrive on time (sessions may be shortened if you're late)
Prepare according to session guide
Bring necessary items (wardrobe, props, pet supplies)
Ensure pets are clean and groomed (for pet sessions)
Communicate special needs or concerns in advance

During the Session:

Follow my direction for posing and positioning
Manage your pet's behavior (I'll help, but you're responsible)
Keep session area safe and clutter-free
Respect my equipment
Understand that children and pets may not cooperate perfectly - I'll do my best to capture great images

After the Session:

Attend scheduled proofing/ordering appointment
Make purchase decisions within gallery expiration period
Provide feedback or concerns promptly

My Responsibilities

I Will:

Arrive on time with professional equipment
Create a comfortable, professional environment
Exercise patience with nervous subjects (human and animal)
Deliver high-quality, professionally edited images
Meet agreed-upon timelines
Provide excellent customer service

I Cannot Guarantee:

Perfect behavior from pets or children
Specific number of "perfect" shots
That every image will meet your expectations
Specific poses or outcomes (photography is collaborative)
Weather conditions for outdoor sessions

7. Liability and Limitations

Limitation of Liability

Maximum Liability: My total liability for any claim related to my services is limited to the amount you paid for those specific services. I'm not liable for indirect, incidental, or consequential damages.

What This Means: If something goes wrong, the most you can recover from me is what you paid. I'm not responsible for lost profits, emotional distress, or other indirect damages.

Property Damage

Pet Sessions: I'm not liable for property damage caused by your pets during sessions at your location. You're responsible for your pet's behavior and any resulting damage.

Location Sessions: You're responsible for obtaining necessary permissions to photograph at any location. I'm not liable for trespassing or violations of location rules.

Injury

Your Safety: You're responsible for your own safety and the safety of your family members, pets, and guests during sessions. Follow my instructions regarding positioning, especially when working with stairs, props, or outdoor terrain.

My Insurance: I carry professional liability insurance, but this doesn't waive the limitations outlined in these terms.

Equipment Failure or Data Loss

I maintain redundant backup systems, but technology can fail. In the unlikely event of:

Equipment failure during session
Data loss or corruption
File delivery problems

My liability is limited to:

Refund of session fee
OR one reshoot at no charge (if possible)

I'm not liable for lost images that could have been captured, emotional distress, or consequential damages.

Force Majeure

I'm not liable for failure to perform services due to circumstances beyond my control:

Natural disasters
Extreme weather
Public health emergencies
Government restrictions
Acts of terrorism
Civil unrest
Utility failures

In such cases, we'll reschedule at no charge or provide a full refund.

8. Model Release and Marketing Use

Default Privacy

By default, your images are private. I will NOT use your session photos for portfolio, marketing, or any public display without your explicit permission.

Marketing Permission

If you choose to grant permission (via separate Photo Release Agreement), you may allow me to use your images for:

Website portfolio
Social media marketing
Print marketing materials
Photography competitions
Industry publications
Community involvement features

You Control:

Which specific images I can use
You can revoke permission at any time
I'll remove images from future materials upon request
Permission is entirely optional

Corporate Clients

For business headshots and corporate sessions:

Individual employees control their own image usage
Company logos or branding in images may require separate commercial agreement
Team photos require consent from all depicted individuals for marketing use

9. Product Guarantees and Returns

Print Quality Guarantee

I stand behind the quality of all products I sell.

If You Receive:

Damaged prints or products
Incorrect items
Manufacturing defects

I Will:

Replace at no charge
Provide refund if replacement isn't possible
Cover return shipping

You Must:

Report issues within 14 days of delivery
Provide photos of damage or defects
Return defective items (if requested)

Dissatisfaction with Purchased Prints

Color/Appearance: Monitor displays vary significantly. If prints don't match your screen expectations, this isn't a defect. I calibrate my monitor and use professional labs, but I can't control your display settings.

Subject Matter: Sales are final once you've approved images during proofing. You're purchasing specific images you've selected and reviewed.

No Returns on Digital Files

Digital file sales are final once downloaded. Due to the nature of digital products, no refunds are provided.

10. Website Terms

Acceptable Use

You May:

Browse my website
View portfolio images
Contact me for information
Share links to my website

You May NOT:

Download or copy website images without permission
Scrape content or data from my site
Attempt to hack or compromise site security
Use the site for illegal purposes
Impersonate me or my business

Intellectual Property

All content on michaelklothphotography.com is protected by copyright:

Photographs
Written content
Graphics and design elements
Logo and branding

Unauthorized use is prohibited and may result in legal action.

Third-Party Links

My website may link to third-party websites or services. I'm not responsible for:

Content on linked sites
Privacy practices of other sites
Accuracy of information on external sites

Website Availability

I strive to keep my website available 24/7, but I don't guarantee:

Continuous availability
Error-free operation
Specific load times or performance

I may take the site down for maintenance without notice.

11. Privacy and Data Protection

Your privacy matters to me. See my full Privacy Policy for details on how I collect, use, and protect your information.

Key Points:

I collect only necessary information
I don't sell your information to third parties
Your photos remain private unless you give marketing permission
You have rights to access, correct, or delete your information

12. Dispute Resolution

Communication First

If you're unhappy with any aspect of my services, please contact me directly:

Email: mike@michaelklothphotography.com
Phone: 520-301-3340

Most concerns can be resolved through direct communication.

Mediation

If we can't resolve a dispute directly, we agree to attempt mediation through a neutral third-party mediator in Pima County, Arizona before pursuing legal action.

Arbitration

If mediation fails, disputes will be resolved through binding arbitration in Pima County, Arizona under the rules of the American Arbitration Association.

Exception: Either party may seek injunctive relief in court for intellectual property violations.

Governing Law

These terms are governed by Arizona law. Any legal proceedings must take place in Pima County, Arizona.

Attorneys' Fees

In any dispute, the prevailing party may recover reasonable attorneys' fees and costs.

13. General Terms

Entire Agreement

These Terms of Service, together with:

Your specific session agreement
My Privacy Policy
Any Photo Release Agreement you sign

...constitute the entire agreement between us and supersede any prior understandings or agreements.

Changes to Terms

I may update these Terms of Service at any time. Changes will be effective:

Immediately for new bookings after the update
For existing bookings, the terms in effect when you booked apply

I'll post updates on my website with a revised "Last Updated" date.

Severability

If any provision of these terms is found invalid or unenforceable, the remaining provisions remain in full effect.

No Waiver

My failure to enforce any provision doesn't waive my right to enforce it later.

Assignment

You may not transfer or assign your rights under these terms. I may assign my rights and obligations to another photographer or business entity with notice to you.