Terms of Use

Important Information. Please read before using this site!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“User”) and Michael Padilla Photography (defined below), which governs your sue of Products (defined below) obtained by purchase through this website at michaelpadillaphoto.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Michael Padilla Photography, Sole Proprietor, doing business as Michael Padilla Photography.

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtain from Michael Padilla Photography. All such products are the intellectual property of and are owned by Michael Padilla Photography.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms of find them otherwise unacceptable, please discontinue use of Michael Padilla Photography’s Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

What We Do

• Portrait Photography
• Personal Branding and Headshots
• Printed Art

Copyright

The copyright of all photographic works is owned by Michael Padilla Photography.

Infringement of Copyright

Any unauthorized use of a photographic work is deemed to be an infringement of Michael Padilla Photography’s copyright.

Any infringement entitles Michael Padilla Photography to claim compensation of at least three times the license fee usually charged by Michael Padilla Photography for such type of use, without losing any right to claim compensation for other damage (including the right to compensation for all direct and indirect damage and all judicial and extra-judicial costs actually incurred).

License

Permission to use a photographic work or image by you will be granted exclusively in writing or by email in the form of a license, of which the nature and scope is described by Michael Padilla Photography in the offer and/or the confirmation of the commission and/or the relevant invoice.

If the scope of the license is not specified, it shall never extend beyond the right to one single use, in original form and for a for a purpose, circulation and method as intended by the parties at the time they entered into the agreement, in accordance with Michael Padilla Photography’s interpretation.

Unless otherwise agreed, you are not entitled to grant sub-licenses to third parties.

Privacy Policy

Michael Padilla Photography permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here.

Michael Padilla Photography will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Michael Padilla Photography will never sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Michael Padilla Photography is the sole manager of such information collected on the Site. Michael Padilla Photography will use such information to respond to you as necessary. You grant Michael Padilla Photography a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping or Products.

Affiliate Links

Links on the Site may be affiliate links controlled by parties other than Michael Padilla Photography to help support the maintenance of the Site. Michael Padilla Photography does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Michael Padilla Photography from any loss or damage incurred from dealing with such affiliate.

Stock Photography

Stock Photography may be used on the Site – all images are being used under license through the company providing the stock image.

Contact

By using the Site and entering personal information, you give Michael Padilla Photography permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of Privacy Policy. Should you prefer not to be contacted by email, please let Michael Padilla Photography know by emailing us at info@michaelpadillaphoto.com and we will kindly refrain from doing so.

Session Fees & Scheduling

You acknowledge and understand that Michael Padilla Photography has the right to require a Session or Booking Fee in order to schedule your portrait session. You understand that this amount is non-refundable and all portrait sessions must take place within six (6) months of payment being received.

Rescheduling

By booking with Michael Padilla Photography, you understand that any and all rescheduling made within a 48-hour period is subject to a $100 rescheduling fee to be put back on calendar. Multiple rescheduling or cancellations will be subjected to forfeiting your session and any monies used to reserved your spot.

Return/Refund Policy

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

No Warranties

PRODUCTS ARE PROVIDED “AS IS”. MICHAEL PADILLA PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MICHAEL PADILLA PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

Limitation of Liability and Indemnification

EXCEPT AS PROHIBITED BY LAW, MICHAEL PADILLA PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOU USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS A LIABILITY FOUND AS TO MICHAEL PADILLA PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

Governing Law, Venue

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the State of Nevada. Any dispute between the parties concerning this Agreement shall be to the exclusive jurisdiction of the state and/or federal courts for the city of Las Vegas, NV. Michael Padilla Photography reserves the right to change of modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Michael Padilla Photography’ Products, Material, and Services.

Any questions in regards to the above Terms may be directed to: info@michaelpadillaphoto.com

All rights reserved © Copyright 2023 Michael Padilla Photography