Terms & Conditions Pepe Madera Photography, LLC

Effective Date: April 13, 2026

These Terms & Conditions (the “Terms”) constitute a legally binding agreement between you (“Client,” “You,” or “User”) and Pepe Madera Photography, LLC, a Florida Limited Liability Company with its principal place of business at 3347 Twilight Rd, Winter Haven, FL 33881 (“Company,” “We,” “Us,” or “Pepe Madera Photography”). By accessing our website, booking services, purchasing products, or otherwise interacting with us, you agree to be bound by these Terms. If you do not agree, please do not use our services or website.

1. Our Services

We provide professional photography services in Florida, including but not limited to:

Portraits and headshots

Events

Commercial, branding, and lifestyle photography

Services are provided subject to a separate Photography Services Agreement or invoice that outlines the specific scope, timeline, deliverables, and pricing for each project. These Terms govern all interactions and are incorporated by reference into any booking or agreement.

2. Eligibility and User Representations

You represent and warrant that:

You are at least 18 years of age or the legal age of majority in your jurisdiction.

You have the legal capacity to enter into this agreement.

All information you provide to us is accurate and complete.

You will comply with all applicable laws, including those regarding intellectual property and privacy.

3. Booking, Payments, and Cancellations

Deposits and Payments: A non-refundable deposit is required to secure a booking. Full payment is due according to the invoice terms. We accept major credit cards, bank transfers, or other methods specified at booking.

Late Payments: Unpaid balances accrue interest at 1.5% per month (or the maximum allowed by Florida law).

Cancellations: More than 30 days before the shoot: Deposit may be applied to a rescheduled date (subject to availability). Less than 30 days: Deposit is forfeited. No-shows or same-day cancellations: Full session fee is due.

Rescheduling: One reschedule is allowed subject to availability; additional changes may incur fees.

Weather/Force Majeure: Outdoor shoots may be rescheduled due to weather at no extra charge, at our discretion.

We reserve the right to refuse or cancel any booking for any reason, including inappropriate behavior or safety concerns.

4. Intellectual Property and Licensing

Ownership: All photographs, images, and related works (“Works”) created by us are our exclusive intellectual property, protected by U.S. copyright law.

Client License: Upon full payment, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Works for personal or specified commercial purposes as outlined in your invoice or contract.

Restrictions: You may not resell, distribute, edit (beyond basic cropping/color adjustments), or use the Works for any purpose not expressly authorized without our prior written consent. Unauthorized use constitutes copyright infringement.

Company Portfolio Rights: We retain the right to display the Works in our portfolio, website, social media, marketing materials, and promotions unless a separate written agreement states otherwise.

Client Content: By providing us with any materials (logos, props, etc.), you grant us a royalty-free license to use them for the purpose of performing the services.

Florida law governs copyright and right of publicity issues. We do not use identifiable images for commercial purposes without appropriate consents.

5. Model Releases and Third-Party Rights

You are responsible for obtaining all necessary model releases, property releases, and permissions from any individuals or property owners appearing in the Works.

We are not liable for any claims arising from your failure to secure such releases.

6. Delivery and Post-Production

Digital files are delivered via secure gallery or download link within the timeframe specified (typically 2–4 weeks, depending on the package).

Editing style is at our artistic discretion unless a specific style is pre-approved.

Additional edits or rush delivery may incur extra fees.

7. Liability and Disclaimers

Limitation of Liability: To the fullest extent permitted by Florida law, our total liability shall not exceed the total amount paid by you for the specific services giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

No Warranties: Services are provided “as is.” We do not guarantee specific results, client satisfaction with artistic style, or that images will meet every expectation.

Indemnification: You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your use of the Works, breach of these Terms, or violation of third-party rights.

8. Website Use

Access: The website is provided for informational purposes. We may modify or discontinue it at any time.

Prohibited Conduct: You may not scrape content, introduce viruses, or engage in any unlawful or harmful activity.

Intellectual Property on Site: All content on the website (text, images, logos) is our property or licensed to us. Unauthorized use is prohibited.

9. Privacy and Data

Our handling of personal information is governed by our Privacy Policy (available on the website or upon request). By using our services, you consent to the collection and use of data as described therein.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Polk County, Florida. You waive any objection to venue or jurisdiction in these courts.

Informal Resolution: We encourage you to contact us first to resolve any issues amicably.

11. Termination

We may terminate your access to services or the website for breach of these Terms. Provisions that by their nature should survive (e.g., IP, liability, governing law) will continue after termination.

12. Changes to These Terms

We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance of the new Terms. We will post the updated effective date.

13. Miscellaneous

Severability: If any provision is held invalid, the remainder remains in effect.

Entire Agreement: These Terms, together with any invoice or separate Photography Services Agreement, constitute the entire agreement between the parties.

No Waiver: Our failure to enforce any right does not constitute a waiver.

Assignment: You may not assign these Terms without our consent. We may assign them freely.

Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, pandemics, government orders).

Contact Us

For questions about these Terms, please contact:

Pepe Madera Photography, LLC

Email: [email protected]

Phone: (717) 333-7599

Website: https://pepemaderaphotography.com/photographer-in-florida

By booking with or using services from Pepe Madera Photography, LLC, you acknowledge that you have read, understood, and agree to these Terms & Conditions.