All Portraits Terms & Conditions

1. Definitions

Images include all photographs, digital files, artwork, composites, albums, prints, and visual materials created or delivered by Michelle Conklin Photography. Client refers to the individual, parent/guardian, league, business, or organization receiving services.
 

Images may be delivered in industry-standard digital formats. It is the Client’s responsibility to verify compatibility with their devices, printers, or preferred labs. Photographer is not responsible for color variations or print issues caused by third-party labs.
 

Photographer is not required to archive images once a gallery has expired.

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2. Copyright & Usage Rights
All images are the exclusive copyrighted property of Michelle Conklin Photography, LLC.

Unless a written license is purchased:

• Personal clients receive personal-use rights only.

• Leagues/organizations receive internal, non-commercial use only.

• Businesses must purchase a commercial usage license.​

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Image theft—including screenshots, watermark removal, scanning prints, or using images without permission—will be invoiced at three times the standard licensing fee and may result in legal action.

Removing or altering embedded metadata is prohibited.

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3. Digital Galleries & Archiving
Galleries remain online for the timeframe stated in your delivery email. Once archived, galleries may be reopened for a fee if files are still available.

Clients are responsible for downloading and backing up purchased digital files.

 

4. Image Alterations
Clients may not alter or edit images in any way (filters, AI editing, retouching, color changes, etc.).
Basic cropping for print sizing is allowed.

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5. Model & Property Releases
Photographer may use images for portfolio, website, marketing, social media, and studio display unless the Client declines in writing at the time of booking.

Clients needing images for commercial use must purchase a separate usage license.

 

6. Client Responsibilities
Clients are responsible for:

• Reviewing proofs and ordering within deadlines

• Ensuring accuracy of submitted information (names, spelling, numbers, rosters)

• Communicating with their organization or league if applicable

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Leagues must provide a representative during Photo Day to assist with organization and data accuracy.

 

7. Payments & Refunds
All payments are due at booking or as stated.
Digital images, prints, custom artwork, and albums are final sale.
Product issues must be reported within 48 hours of delivery.

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8. Reshoots
Reshoots requested for personal preference—including hair, clothing, expressions, or cooperation—require a full reshoot fee.
If a reshoot is necessary due to Photographer error or equipment failure, no additional fee will be charged.

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9. Cancellations & Postponements
Individual Sessions
Session fees are paid in advance.
If a Client cancels:

• Unforeseen circumstances: Photographer will make every reasonable effort to reschedule at no extra charge.

• All other cancellations: Client will receive a refund minus a $50 non-refundable fee.

• Credit card processing fees are always non-refundable.

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Sports Leagues & Large Events
Cancellations or postponements for any reason—including weather, field access issues, scheduling conflicts, or low player turnout—may result in loss of benefits originally agreed upon.
Rescheduling is subject to availability.
No additional makeup dates will be added for a rescheduled Photo Day.

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10. Delivery Timelines
Delivery times are based on the session type and will be communicated at booking. Custom artwork and composites may require additional production time.
Delays caused by print labs, shipping carriers, or suppliers are outside Photographer’s control.

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11. Indemnification
Clients agree to indemnify and hold Photographer harmless from any claims or damages arising from:

• Misuse of images

• Failure to obtain required permissions

• Incidents occurring at the session location

• Actions by the Client, guests, representatives, or league personnel

Photographer’s total liability is limited to the amount paid for the service or product in question.

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12. Safety & Conduct
Photographer may stop or decline a session if unsafe, disrespectful, illegal, or inappropriate behavior occurs.
No refunds will be issued under these circumstances.

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13. Limit of Liability
Photographer is not responsible for:

 

• Lost, stolen, or damaged personal items

• Delays due to weather, emergencies, or circumstances beyond control

• Issues with third-party print labs or gallery services

• Data loss caused by equipment failure beyond reasonable control

If images cannot be delivered due to circumstances within Photographer’s control, liability is limited to a refund of the amount paid.

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14. Governing Law
These terms are governed by the laws of the State of Illinois.

 

• Disputes will be resolved in the following order:

• Good-faith negotiation

• Mediation or arbitration in DeKalb County, Illinois

• Litigation in the courts of DeKalb County, Illinois

Clients agree to pay Photographer’s reasonable legal fees if Photographer prevails in a case involving unpaid fees or copyright infringement.

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15. Acceptance of Terms
By booking, purchasing, or accessing an online gallery, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.