Armani WC Photography

1. Agreement to Terms

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you," "your," or "Client") and Armani WC Photography, a sole proprietorship operating in the State of Alabama, United States ("Armani WC Photography," "we," "us," or "our"), governing your access to and use of (a) the website located at the domain through which you are viewing this page, including all subdomains and successor sites (the "Site"), and (b) any photography, videography, editing, consulting, or related services we provide (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. By accessing, browsing, or using the Site or Services, by clicking a button or checkbox indicating acceptance, or by signing a written agreement that incorporates these Terms by reference, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use the Site or Services.

These Terms contain a binding arbitration agreement and a class action waiver in Section 18, which affect how disputes are resolved. Please review them carefully.

2. Definitions

"Content" means all photographs, images, video, audio, text, graphics, logos, marks, designs, software, and other material that appears on or is provided through the Site or Services.
"Deliverables" means the final edited photographs and other media produced for the Client under a Service Agreement.
"Service Agreement" means a separately executed quote, statement of work, contract, or written confirmation that describes a specific photography engagement.
"User Submission" means any content you submit, post, or transmit to the Site (e.g., contact form messages, image uploads, communications).

3. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction (whichever is greater), and have the legal capacity to enter into a binding contract to use the Services or to enter into a Service Agreement. By using the Site or Services, you represent and warrant that you meet these requirements. If you are using the Site on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

The Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If a parent or guardian becomes aware that their child has provided personal information to us, please contact us immediately.

4. Accounts & Security

Certain areas of the Site (including the administrative dashboard) are restricted to authorized users. If you are issued an account, you agree to: (a) provide accurate and current information, (b) maintain the confidentiality of your credentials, (c) be solely responsible for all activity occurring under your account, and (d) immediately notify us of any unauthorized use or suspected security breach. We reserve the right to suspend or terminate accounts that we suspect have been compromised or used in violation of these Terms.

5. Acceptable Use

You agree that you will not, and will not authorize or assist any third party to:

Use the Site or Services for any unlawful, fraudulent, defamatory, harassing, or harmful purpose;
Violate any applicable federal, state, local, or international law or regulation;
Attempt to gain unauthorized access to the Site, our servers, networks, or any user account;
Probe, scan, test the vulnerability of, or breach any security or authentication measures;
Use any robot, spider, scraper, or other automated means to access the Site, except for public search engines complying with our robots.txt;
Reproduce, duplicate, copy, sell, resell, or otherwise commercially exploit any portion of the Site or Content;
Reverse engineer, decompile, or disassemble any portion of the Site;
Introduce viruses, trojans, worms, malware, or other malicious code;
Frame, mirror, or otherwise reproduce the Site without express written permission;
Interfere with, disrupt, or place an unreasonable load on the Site infrastructure;
Use the Site to transmit unsolicited advertising or promotional material ("spam");
Impersonate any person or entity or misrepresent your affiliation with any person or entity.

6. Photography Services

We provide professional photography services, which may include but are not limited to: event coverage (weddings, religious services, sports), portrait sessions, automotive photography, nature and landscape photography, and post-production editing. The specific scope, deliverables, deadlines, and fees applicable to any engagement will be set forth in a separate Service Agreement.

In the event of any conflict or inconsistency between these Terms and a fully executed Service Agreement, the Service Agreement will control with respect to that engagement. These Terms otherwise govern all other aspects of your relationship with us.

Artistic Discretion. The photographic style, composition, post-processing approach, color treatment, and selection of final images are within the photographer's reasonable artistic discretion. We will use professional judgment to deliver images consistent with the portfolio shown on this Site.

7. Bookings, Payment & Cancellation

7.1 Booking and Retainer

A booking is confirmed only upon (a) execution of a Service Agreement and (b) payment of any non-refundable retainer specified therein. Until both conditions are met, no date or service is reserved.

7.2 Payment Terms

All fees are payable in U.S. dollars. Final balances are due no later than the deadline specified in the applicable Service Agreement. We reserve the right to suspend delivery of Deliverables until payment is received in full. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.

7.3 Cancellation by Client

The retainer is non-refundable, as it compensates us for reserving the date and turning away other inquiries. Additional cancellation fees and refund eligibility for amounts paid beyond the retainer will be set forth in the applicable Service Agreement.

7.4 Cancellation or Postponement by Us

In the unlikely event we are unable to perform due to illness, injury, or other circumstances beyond our reasonable control, we will use commercially reasonable efforts to (a) reschedule, (b) refer a qualified substitute photographer subject to your approval, or (c) refund all amounts paid (including the retainer). Our liability in such event is limited to such refund as set forth in Section 15.

7.5 Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by acts of God, natural disasters, severe weather, fire, flood, pandemics, epidemics, public health emergencies, war, terrorism, civil unrest, government orders, power or telecommunications outages, or other similar events beyond the reasonable control of the affected party.

8. Model Release & Use of Likeness

Unless expressly limited in a written Service Agreement, by engaging us for any photography session and by participating in or attending an event we are photographing, you grant Armani WC Photography a perpetual, worldwide, royalty-free, non-exclusive license and release to capture, edit, reproduce, publish, display, and distribute photographs and video in which you appear, for the purposes of: (a) portfolio and sample galleries (including this Site); (b) marketing, advertising, and promotional materials; (c) photo competitions and editorial publications; and (d) social media accounts and third-party platforms. You waive any right to inspect or approve the finished version(s) and any right to royalties or other compensation arising from such use, except as expressly provided in a written agreement.

If you do not consent to the foregoing, you must notify us in writing prior to the session. We will accommodate reasonable opt-out requests, but may decline an engagement if portfolio rights are essential.

9. Intellectual Property

9.1 Ownership

All Content on the Site — including photographs, images, video, text, graphics, logos, icons, design, layout, and software — is owned by Armani WC Photography or our licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. The photographer retains copyright in all photographs as the original author under 17 U.S.C. § 201.

9.2 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your personal, non-commercial use. No other rights are granted.

9.3 Client License to Deliverables

Upon payment in full, Clients receive a personal, non-exclusive, non-transferable license to reproduce, display, and share the Deliverables for their own personal, non-commercial use (e.g., personal prints, family albums, personal social media). All commercial uses — including resale, sublicensing, third-party advertising, editorial publication, or use by competitors — require a separate written license. Modification, cropping that materially alters composition, removal of watermarks, or filtering that significantly alters tone is not permitted without our written consent.

9.4 Trademarks

"Armani WC Photography" and our logos are trademarks of Armani WC Photography. You may not use these marks without our prior written consent.

10. User Submissions

By submitting any User Submission to the Site (including through contact forms or uploads), you represent and warrant that you own or otherwise have all necessary rights in the submission and that the submission does not infringe any third-party rights or violate any law. You grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, and display such submissions for the purpose of operating, providing, and improving the Site and Services.

11. DMCA Copyright Policy

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), we will respond to clear notices of alleged copyright infringement.

11.1 Notice of Infringement

If you believe content on the Site infringes your copyright, please send a written notice to our designated agent containing:

A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work claimed to be infringed;
Identification of the allegedly infringing material and its location on the Site (URL);
Your contact information (address, telephone, email);
A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

Send notices to: Armani WC Photography, DMCA Agent, via [email protected]. False or misleading notices may give rise to liability under 17 U.S.C. § 512(f).

11.2 Counter-Notice

If you believe your content was removed in error, you may submit a counter-notice containing the elements specified in 17 U.S.C. § 512(g)(3).

11.3 Repeat Infringers

We will, in appropriate circumstances and at our sole discretion, terminate accounts of users who are repeat infringers.

13. Third-Party Links & Services

The Site may contain links to third-party websites or services (such as our Pixieset client galleries or social media accounts) that we do not own or control. We are not responsible for the content, policies, or practices of any third-party site. Your access to and use of such sites is at your own risk and subject to the third party's terms and privacy policy.

14. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Armani WC Photography expressly disclaims all warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that defects will be corrected. Any material downloaded or otherwise obtained through the use of the Site is accessed at your own risk.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARMANI WC PHOTOGRAPHY OR ITS OWNERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, arising out of or relating to these Terms, the Site, or the Services, whether based on contract, tort (including negligence), strict liability, or any other theory, even if we have been advised of the possibility of such damages.

OUR AGGREGATE LIABILITY for any claim arising out of or relating to these Terms or the Services will not exceed the greater of (a) the total amount you paid to us under the applicable Service Agreement giving rise to the claim during the twelve (12) months preceding the event giving rise to liability, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the foregoing limitations may not apply to you in full.

16. Indemnification

You agree to defend, indemnify, and hold harmless Armani WC Photography and its owners, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site or Services; (c) your User Submissions; or (d) your violation of any third-party right, including any intellectual property or privacy right.

17. Suspension & Termination

We may suspend or terminate your access to all or part of the Site at any time, with or without cause, with or without notice, effective immediately. Reasons for termination include but are not limited to a breach of these Terms or conduct that we believe is harmful to us or other users. Upon termination, your right to use the Site immediately ceases, but Sections 9, 10, 14–16, 18–20 will survive.

18. Dispute Resolution; Arbitration; Class Waiver

18.1 Notice and Cure

Prerequisite to Any Claim. As a condition precedent to asserting any claim, demand, or cause of action arising out of or relating to these Terms, the Site, or the Services (each, a "Claim"), the aggrieved party ("Claimant") must first deliver written notice ("Cure Notice") to the other party ("Responding Party") at the address or email set forth in Section 21. The Cure Notice must contain: (a) a description of the Claim in reasonable detail, including the specific provision(s) of these Terms alleged to have been breached; (b) the factual basis for the Claim; (c) the specific relief requested; and (d) the Claimant's contact information.

Cure Period. The Responding Party shall have thirty (30) calendar days from receipt of the Cure Notice (the "Cure Period") to cure the alleged breach, default, or other act giving rise to the Claim. During the Cure Period, the Claimant agrees to negotiate in good faith and shall not initiate any formal proceeding, arbitration demand, complaint, or lawsuit with respect to the Claim.

Extension of Cure Period. If the nature of the alleged breach is such that it cannot reasonably be cured within thirty (30) days, the Cure Period shall be extended for an additional thirty (30) days (sixty (60) days total), provided the Responding Party has commenced cure efforts within the initial thirty-day period and is diligently pursuing the cure to completion.

Effect of Cure. If the Responding Party fully cures the breach within the Cure Period (as extended, if applicable), the Claim shall be deemed resolved, and the Claimant shall have no further right to pursue that Claim under this Section 18 or otherwise. No cure shall constitute an admission of liability or breach.

Failure to Cure. If the alleged breach is not cured within the Cure Period, the Claimant may proceed to informal resolution under Section 18.2. No formal proceeding or arbitration demand may be filed until both the notice-and-cure procedure of this Section 18.1 and the informal resolution procedure of Section 18.2 have been exhausted.

Preservation of Rights. The notice-and-cure requirement of this Section 18.1 shall toll any applicable statute of limitations or contractual limitations period for the duration of the Cure Period (plus any extension) and the informal resolution period under Section 18.2.

18.2 Informal Resolution

If the Claim is not resolved through the notice-and-cure process in Section 18.1, the parties agree to attempt in good faith to resolve the dispute through informal negotiation. Either party may initiate informal negotiations by sending a written settlement proposal to the other party at the email address set forth in Section 21. If the dispute is not resolved within thirty (30) calendar days after commencement of informal negotiations, either party may proceed to binding arbitration under Section 18.3.

18.3 Binding Arbitration

Any unresolved dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, where applicable, the Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator in Madison, Madison County, Alabama, or, at the consumer's election, by telephone or videoconference. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

18.4 Class Action Waiver

YOU AND ARMANI WC PHOTOGRAPHY EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

18.5 Jury Trial Waiver

To the fullest extent permitted by applicable law, you and Armani WC Photography each waive the right to a jury trial in any legal proceeding arising out of or relating to these Terms.

18.6 Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual action in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

18.7 Opt-Out

You may opt out of the arbitration provisions of this Section 18 by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out.

19. Governing Law & Venue

These Terms and any dispute arising out of or relating to them or the Site or Services shall be governed by and construed in accordance with the laws of the State of Alabama, United States, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., without regard to its conflict-of-laws principles. Subject to Section 18, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Madison County, Alabama, for any action not subject to arbitration.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any Service Agreement, constitute the entire agreement between you and Armani WC Photography concerning the Site and Services and supersede all prior or contemporaneous communications and proposals.

20.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

20.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision will be effective only if in writing and signed by an authorized representative of Armani WC Photography.

20.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in our sole discretion, including to an affiliate or successor in interest.

20.5 Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice (e.g., by updating the "Last Updated" date or via reasonable additional means). Your continued use of the Site after changes take effect constitutes acceptance of the modified Terms.

20.6 Electronic Communications

You consent to receive communications from us in electronic form, and you agree that all terms, agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

20.7 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

20.8 Headings

Section headings are for convenience only and have no legal effect.

21. Contact

If you have questions about these Terms, please contact us: