Legal
Terms of Service
The rules for using this website and booking photography services with Hicks Photo LLC.
Acceptance of terms
By using the site, requesting a session, signing a booking summary, or paying an invoice, you agree to these terms.
These Terms of Service apply to kellyhicksphoto.com, inquiries, booking requests, photography sessions, galleries, digital files, prints, albums, and related services provided by Hicks Photo LLC. If you do not agree to these terms, please do not use the website or book services. You must be at least 18 years old, or have authority from a parent, guardian, or organization, to book services.
Photography services
We provide portrait, lifestyle, family, and event photography by appointment.
Hicks Photo LLC provides documentary-style portrait, lifestyle, family, and event photography. Specific services, date, location, package, deliverables, fees, payment timing, usage permissions, and production timeline are confirmed in a written booking summary, invoice, proposal, or agreement.
Booking confirmation
A session is confirmed only after availability and details are accepted in writing.
Submitting a booking request does not guarantee availability or reserve a date. A session is confirmed only when Hicks Photo LLC accepts the booking and sends written confirmation. Payment timing and any invoice details are stated in the booking summary or invoice.
Payments, invoices, and taxes
Invoices must be paid on time. Payment timing is stated in your booking summary or invoice.
You agree to pay the amounts stated in the applicable quote, booking summary, invoice, or product order. Amounts due are payable when stated in the booking summary or invoice, and may be required before final high-resolution downloads, print release, print orders, album orders, or commercial use permissions are provided. Prices may not include taxes, shipping, travel fees, permit fees, venue fees, rush fees, or other project-specific costs unless expressly stated.
Refunds, cancellations, and rescheduling
Cancellation and refund details are stated in the Delivery & Cancellation Policy and in your booking summary.
Our refund, cancellation, rescheduling, weather, delivery, and product replacement terms are described in the Delivery & Cancellation Policy. Custom digital files, edited galleries, print products, albums, and commissioned work may be non-refundable once delivered, downloaded, approved, ordered, or placed into production, except where required by law or where Hicks Photo LLC confirms a production defect.
Client responsibilities
Please provide accurate details, arrive prepared, and secure any permissions needed for your location or event.
You are responsible for providing accurate booking information, communicating important timing or accessibility needs, obtaining location permissions, venue approvals, permits, releases for non-client participants when required, and ensuring that people you bring to a session can participate safely and lawfully.
Copyright and image use
Hicks Photo keeps the copyright. Clients receive the usage rights stated with their delivered images.
Unless otherwise stated in a signed written agreement, Hicks Photo LLC owns the copyright in all photographs, edits, proofs, behind-the-scenes files, and creative work it creates. Clients receive a personal-use print release for delivered final images, unless a different license is agreed in writing. Commercial, editorial, advertising, resale, publication, contest, artificial intelligence training, or brand promotional use requires written permission and may require a separate license.
Proofs, galleries, and delivery
Delivery timelines are estimates unless a written deadline is confirmed.
Delivery timelines vary by session type, season, image volume, product availability, client response time, and production partner timelines. Online galleries, proofing links, downloads, prints, and albums may be delivered through third-party platforms or vendors. Clients are responsible for downloading files, reviewing galleries, approving album proofs, and reporting any access or product issues within the time stated in the booking summary or product instructions.
Portfolio and publication permission
We ask permission before using client images publicly.
Hicks Photo LLC will not intentionally publish identifiable client images in a public portfolio, social media post, advertisement, or promotional material without permission, unless the image was created at a public event where publication rights were otherwise granted. Permission may be withdrawn for future use by contacting us, but withdrawal may not remove uses already printed, distributed, archived, or reasonably in progress.
Prohibited uses
Do not use our website, services, or images for illegal, abusive, deceptive, infringing, or harmful purposes.
You may not use the website, services, galleries, downloads, proofs, or delivered images for unlawful activity, harassment, abuse, exploitation, deception, fraud, impersonation, infringement, malware, scraping, unauthorized resale, defamatory content, hate or violence, non-consensual explicit material, or any purpose that violates another person's rights. Hicks Photo LLC may refuse, suspend, or cancel services when a request appears unlawful, unsafe, deceptive, exploitative, or inconsistent with these terms.
Privacy and data protection
Our Privacy Policy explains how personal information is handled.
Personal information is handled under the Privacy Policy, Cookie Policy, and Trust & Security page. By using the website or booking services, you acknowledge that we may process information needed to answer inquiries, provide services, deliver galleries and products, maintain records, prevent fraud, protect rights, and comply with law.
Disclaimers
We work carefully, but creative results, weather, access, venue conditions, and technology availability cannot be guaranteed perfectly.
The website and services are provided on an as available basis. Hicks Photo LLC does not guarantee that the website, galleries, downloads, third-party platforms, locations, weather, lighting, venue access, subject cooperation, product availability, or creative results will meet every expectation.
Limitation of liability
Our liability is limited to the amount paid for the affected service, to the fullest extent allowed by law.
To the fullest extent permitted by law, Hicks Photo LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost opportunities, emotional distress, or loss of data. To the fullest extent permitted by law, Hicks Photo LLC's total liability for any claim relating to the website or services will not exceed the amount you paid to Hicks Photo LLC for the affected service or product.
Dispute resolution and governing law
Georgia law applies, and we ask both sides to try to resolve disputes informally first.
These terms are governed by the laws of the State of Georgia, United States, without regard to conflict-of-law rules. Before filing a claim, the parties agree to try in good faith to resolve the dispute informally by written notice and a 30-day discussion period. If the dispute is not resolved, courts located in or serving Chatham County, Georgia will have jurisdiction, except where applicable law requires another forum.
Changes to terms
We may update these terms, and the posted version controls future use.
Hicks Photo LLC may update these terms from time to time. The updated version will be posted on this page with a new last updated date. Your continued use of the website or future booking of services after changes are posted means you accept the updated terms for future activity.