Chandler, Arizona, United States Website: https://www.phoenixvisualpro.com
Effective Date: December 2024
These Terms of Service ("Terms") govern your use of services provided by Phoenix Visual Pro, LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of Arizona and located in Chandler, Arizona. By engaging our services or using our website, you ("Client," "you," or "your") agree to be bound by these Terms
Service Description and Scope of Work
Photography Services
Phoenix Visual Pro provides professional photography services including but not limited to headshots, corporate photography, branding content, commercial photography, event photography, and related visual content creation services.
Videography Services
We offer professional videography services including corporate videos, promotional content, event videography, interviews, and other video production services as specified in individual service agreements.
Scope Definition
The specific scope of work for each project will be detailed in a separate service agreement, contract, or written proposal. Services not explicitly included in the agreed scope may incur additional charges.
Payment Terms and Pricing
Pricing
All pricing is as quoted in writing and is subject to the terms specified in individual service agreements. Prices are subject to change without notice for future bookings.
Payment Schedule
Payment terms will be specified in individual contracts. Generally, a deposit or retainer fee is required to secure booking, with the remaining balance due according to the agreed payment schedule.
Late Payments
Late payments may incur additional fees and may result in suspension of services or delays in delivery of final products.
Additional Costs
Client is responsible for any additional costs not included in the original quote, including but not limited to travel expenses beyond the agreed service area, extended session time, additional locations, or special equipment requirements.
Refund Policy
STUDIO, WHICHEVER COMES SOONER. Once services have commenced or a studio meeting has taken place, all payments become non-refundable. Refunds may be considered only within 7 days of contract signing and only if no services have been performed and no studio meetings have occurred.
Cancellation and Rescheduling Policies
Client Cancellation
Cancellations must be made in writing. Cancellation fees may apply based on the timing of cancellation and work already performed.
Rescheduling
Rescheduling requests should be made as early as possible. Multiple rescheduling requests may incur additional fees. Rescheduling within 48 hours of the scheduled session may result in forfeiture of deposit.
Company Cancellation
In the unlikely event that Phoenix Visual Pro must cancel services due to illness, emergency, or other unforeseen circumstances, we will work to reschedule or provide a full refund of payments made.
Intellectual Property and Image Usage Rights
Copyright Ownership
Phoenix Visual Pro retains copyright ownership of all photographs and videos created during service provision. Client receives specific usage rights as outlined in individual service agreements.
Client Usage Rights
Unless otherwise specified in writing, Client receives non-exclusive rights to use delivered images and videos for agreed purposes, typically including personal use, business marketing, and professional purposes.
Company Portfolio Rights
Phoenix Visual Pro reserves the right to use images and videos created for portfolio, marketing, and promotional purposes unless specifically restricted in writing by Client.
Third Party Rights
Client warrants that they have obtained necessary permissions for any third parties appearing in commissioned work and will hold Company harmless from any claims related to unauthorized use of likeness.
Client Responsibilities and Conduct
Cooperation
Client agrees to cooperate fully with Phoenix Visual Pro staff and follow reasonable directions during photo and video sessions.
Punctuality
Client agrees to arrive on time for scheduled sessions. Late arrivals may result in shortened session time or rescheduling fees.
Appropriate Conduct
Client and any accompanying parties must conduct themselves professionally and respectfully. Phoenix Visual Pro reserves the right to terminate services immediately for inappropriate conduct, with no refund due.
Preparation
Client is responsible for appropriate preparation including wardrobe, grooming, and any requested materials or props as discussed prior to the session.
Liability Limitations and Disclaimers
Limited Liability
Phoenix Visual Pro's liability shall not exceed the total amount paid by Client for services. We shall not be liable for indirect, consequential, or incidental damages.
Equipment and Technical Issues
While we maintain professional equipment, Phoenix Visual Pro is not liable for technical failures, equipment malfunctions, or data loss, though we will make reasonable efforts to minimize such occurrences.
Personal Property
Phoenix Visual Pro is not responsible for loss, theft, or damage to Client's personal property during sessions.
Force Majeure and Unforeseen Circumstances
Phoenix Visual Pro shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, pandemics, severe weather, or other acts of God. In such cases, we will work with Client to reschedule or provide alternative solutions.
Website Terms and User Conduct
Website Usage
Use of the Phoenix Visual Pro website (phoenixvisualpro.com) is subject to these Terms. Users agree not to engage in any activity that could harm the website or interfere with other users' access.
Content Accuracy
While we strive for accuracy, information on our website may change without notice. We reserve the right to modify website content, services, and pricing at any time.
Prohibited Uses
Users may not use our website for any illegal purpose or in violation of these Terms. Prohibited activities include unauthorized data collection, spam, or attempts to breach security.
Dispute Resolution and Governing Law
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.
Jurisdiction
Any disputes arising from these Terms or services provided shall be resolved in the courts of Maricopa County, Arizona.
Mediation
Prior to initiating legal proceedings, parties agree to attempt resolution through good faith negotiation and, if necessary, mediation.
Equipment Damage and Studio Policies
Equipment Care
Client and accompanying parties must exercise reasonable care around professional equipment. Any damage caused by Client negligence may result in repair or replacement charges.
Studio Rules
When applicable, clients must follow all studio rules including restrictions on food, drinks, smoking, and other activities that could damage equipment or facilities.
Safety
Clients must follow all safety instructions provided by Phoenix Visual Pro staff during sessions.
Delivery Timelines and Client Approval Processes
Delivery Schedule
Delivery timelines will be specified in individual service agreements. Phoenix Visual Pro will make reasonable efforts to meet agreed deadlines but cannot guarantee delivery dates.
Review and Approval
Client will have a specified period to review and approve delivered work. Failure to respond within the approval period constitutes acceptance of the work as delivered.
Revisions
The number and scope of revisions included in service packages will be specified in individual agreements. Additional revisions may incur extra charges.
Copyright and Licensing Terms
License Grant
Upon full payment, Phoenix Visual Pro grants Client a non-exclusive license to use delivered images and videos according to the agreed terms and scope.
Restrictions
Client may not alter, sell, or redistribute images without explicit written permission. Commercial licensing may require additional agreements and fees.
Attribution
While not always required, Phoenix Visual Pro appreciates credit when images are used publicly or professionally.
Termination Clauses
Termination by Client
Client may terminate services with written notice, but shall remain liable for all services performed and expenses incurred up to the termination date.
Termination by Company
Phoenix Visual Pro may terminate services immediately for non-payment, breach of terms, or inappropriate conduct. In such cases, no refund will be provided.
Effect of Termination
Upon termination, Client's rights to use any work product may be limited based on payment status and reason for termination.
General Provisions
Entire Agreement
These Terms, together with any individual service agreements, constitute the entire agreement between parties and supersede all prior understandings.
Modifications
These Terms may be modified only in writing signed by both parties. Phoenix Visual Pro reserves the right to update these Terms for future clients with appropriate notice.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.
Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Chandler, Arizona, United States
Website: https://www.phoenixvisualpro.com
For questions regarding these Terms of Service, service inquiries, or legal notices, please contact us through the contact information provided on our website.
These Terms of Service were last updated in December 2024. Clients are advised to review these terms periodically for any changes.
By engaging Phoenix Visual Pro's services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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