Effective July 22, 2026
These Terms and Conditions apply to photography services provided by Caine Crosby Photography, referred to as the “Photographer,” to the individual or organization purchasing or authorizing the services, referred to as the “Client.”
By booking a session, approving an estimate, paying an invoice or reservation fee, signing an agreement, or authorizing the Photographer to begin work, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.
Any estimate, invoice, email, written agreement, or project proposal issued by the Photographer is incorporated into these Terms. If a project-specific written agreement directly conflicts with these Terms, the project-specific agreement will control.
1. Services and Pricing
The Photographer will provide the photography services and deliverables described in the Client’s selected package, estimate, invoice, or written agreement.
Prices are subject to change until a session or assignment is confirmed. Once confirmed, the agreed price will not change unless the Client requests additional services or the scope of the assignment changes.
Quoted prices do not include additional services unless specifically stated. Additional photography time, edited images, advanced retouching, travel, admission fees, permits, parking expenses, return visits, expedited delivery, or other requested services may result in additional charges.
Applicable Iowa sales tax will be added when required by law.
2. Portrait, Newborn, and Personal Automotive Reservations
A nonrefundable reservation fee equal to 50% of the agreed session price is required to reserve a portrait, newborn, or personal automotive session.
The session is not confirmed and the date is not reserved until the reservation fee has been received. The reservation fee is applied toward the total session price.
The reservation fee compensates the Photographer for reserving the date and time, completing booking-related work, and declining other potential assignments for that period. Except when otherwise stated in these Terms, the reservation fee is earned when received and is nonrefundable.
The remaining balance must be paid no later than the scheduled session time unless another payment deadline is stated on the invoice or agreed to in writing. Final edited images and download access will not be released until the balance is paid in full.
3. Real Estate and Commercial Payment
Real estate photography, retail automotive photography, and small-business or other commercial assignments may be photographed before payment when approved by the Photographer.
Unless otherwise agreed in writing, full payment is due after photography is completed and before final edited images or download access are released.
The Photographer may require a reservation fee or advance payment for:
First-time clients
Travel-heavy assignments
Large or extended projects
Specially reserved dates
Assignments requiring rentals, permits, assistants, or other advance expenses
Clients with an outstanding or late payment history
Commercial clients are responsible for payment regardless of whether the property, vehicle, product, or other subject is sold or whether the images produce the Client’s desired business results.
4. Late Payments
Invoices must be paid by the due date shown on the invoice. The Photographer may withhold image delivery, suspend existing usage rights, remove gallery access, or decline additional work while an invoice remains unpaid.
Overdue balances may be subject to reasonable late charges, collection expenses, court costs, and other amounts permitted by applicable law.
No copyright license or usage right takes effect until the applicable invoice has been paid in full.
5. Scheduling and Client Delays
Sessions begin at the scheduled time. The Client is responsible for arriving on time and being prepared.
A Client’s late arrival may reduce the available photography time without reducing the session price or number of payments due. The Photographer is not required to extend the session when doing so would interfere with another appointment or obligation.
If the Client is more than 20 minutes late without communicating with the Photographer, the session may be treated as a missed appointment and canceled.
The Photographer does not guarantee any particular pose, expression, image, composition, background, lighting condition, or number of usable photographs. The Photographer will use reasonable professional judgment when photographing and editing the assignment.
6. Portrait Session Cancellation and Rescheduling
Cancellation or rescheduling requests for portrait, newborn, or personal automotive sessions must be submitted at least 72 hours before the scheduled session.
When adequate notice is provided, the Photographer may allow the reservation fee to be transferred one time to a new date scheduled within six months of the original session. Transfer approval is at the Photographer’s discretion and is subject to availability.
Additional rescheduling requests may require a new reservation fee.
The reservation fee will be forfeited if the Client:
Cancels the session
Fails to attend
Provides less than 72 hours’ notice
Arrives too late for the session to be reasonably completed
Does not select a replacement date within the permitted period
The Photographer may make reasonable exceptions for documented emergencies, serious illness, or dangerous travel conditions.
7. Real Estate and Commercial Cancellation
Real estate and commercial cancellations or rescheduling requests should be provided as soon as reasonably possible.
A cancellation fee, travel charge, or other expense may apply when an assignment is canceled:
Less than 24 hours before the scheduled start time
After the Photographer has begun traveling
After the Photographer has arrived
After expenses have been incurred
After photography or other project work has begun
If the Photographer arrives and cannot complete the assignment because the property, vehicle, product, representative, or required access is unavailable or unprepared, the Client may be charged for the scheduled assignment, travel, waiting time, and any necessary return visit.
8. Weather, Illness, Emergencies, and Uncontrollable Events
The Photographer may postpone or reschedule an assignment because of unsafe weather, illness, emergency, equipment failure, restricted access, government action, transportation problems, or another circumstance outside the Photographer’s reasonable control.
Outdoor sessions may be rescheduled when the Photographer determines that weather or environmental conditions would make photography unsafe or materially affect the quality of the images.
When the Photographer cannot complete an assignment, the parties will first attempt to select a reasonable replacement date. If the Photographer cancels and cannot provide the agreed services or a reasonable replacement date, payments made for services not provided will be refunded.
The Photographer is not responsible for delays or failure caused by circumstances outside the Photographer’s reasonable control.
9. Property and Subject Preparation
The Client is responsible for ensuring that all people, properties, vehicles, products, clothing, accessories, animals, and other subjects are clean, prepared, available, and ready at the scheduled time.
For real estate photography, the Client is responsible for:
Ensuring the Photographer has permission and access to enter and photograph the property
Having the property ready before the scheduled arrival
Turning on available lights and replacing nonworking bulbs when appropriate
Securing valuables, medications, documents, and private information
Safely containing pets
Disclosing hazards, damage, unsafe areas, or access restrictions
Obtaining any necessary permission from the owner, occupant, tenant, agent, or property manager
The Photographer is not responsible for cleaning, staging, moving heavy furniture, handling hazardous materials, supervising children or animals, or concealing conditions present at the property.
Reasonable minor adjustments may be made at the Photographer’s discretion. Extensive staging, object removal, digital alteration, or advanced retouching is not included unless specifically agreed upon.
10. Cooperation and Safety
The Client and all participants must follow reasonable safety instructions and cooperate with the Photographer.
The Photographer may stop or refuse to perform services when conditions are unsafe, unlawful, abusive, threatening, or likely to damage equipment or property. This includes unsafe weather, uncontrolled animals, dangerous structures, illegal activity, harassment, or failure to supervise a minor.
The Client is responsible for supervising participating children and animals at all times.
The Photographer is not responsible for injuries, property damage, or losses caused by the Client, participants, property conditions, animals, vehicles, or third parties. Nothing in these Terms excludes liability that cannot legally be limited or excluded.
11. Creative Control and Editing
The Client acknowledges that they have reviewed the Photographer’s portfolio and understand the Photographer’s photographic and editing style.
The Photographer retains creative control over image selection, composition, lighting, cropping, color, editing, and the final appearance of delivered images.
Images that are duplicates, test shots, out of focus, unflattering, improperly exposed, obstructed, or otherwise unsuitable will not be delivered. The Photographer has sole discretion in determining which images meet professional standards.
Reasonable correction of color, exposure, contrast, cropping, and similar adjustments is included. Extensive retouching, body modification, background replacement, object removal, composite work, or other advanced editing may require an additional fee.
RAW files, unedited photographs, rejected images, and working files are not delivered.
12. Image Selection
When a package includes a specific number of edited images, the Photographer may provide a proof gallery from which the Client selects the included images.
Proof images are not final products and may not be downloaded, copied, screenshotted, published, edited, or shared unless the Photographer provides written permission.
The editing and delivery period begins after the Client submits all final selections and satisfies any outstanding payment requirements.
If the Client does not submit selections within 30 days after receiving the proof gallery, the Photographer may select the final images on the Client’s behalf or place the project on hold. Delayed selections may result in delayed delivery.
Additional edited images may be purchased at the Photographer’s current rate.
13. Delivery
Final images are normally delivered through a Pixieset online gallery.
At the Photographer’s discretion or by prior agreement, images or download links may instead be delivered through email, Google Drive, or another appropriate delivery method.
Completed images are normally delivered within one to two weeks after:
The session or assignment has been completed
The Client has submitted any required selections
The final balance has been paid
The Photographer has received all information needed to complete the project
Delivery estimates are not guarantees unless a specific deadline is agreed upon in writing. Larger assignments, advanced editing, high-volume commercial work, emergencies, or circumstances outside the Photographer’s control may require additional time.
14. Downloads, Storage, and Archiving
The Client is responsible for downloading, reviewing, and backing up delivered images promptly.
Online galleries and cloud-delivery links are provided as a delivery convenience and are not guaranteed to remain active permanently. Unless otherwise stated, the Photographer may remove a gallery or delivery link 60 days after final delivery.
The Photographer does not guarantee permanent storage or archival of proof images, final images, RAW files, or project files. The Photographer is not responsible for images lost after they have been successfully delivered.
If archived images remain available, gallery reactivation or file retrieval may be subject to a fee.
15. Copyright Ownership
All photographs and other creative materials produced by the Photographer remain protected by United States copyright law.
Caine Crosby Photography retains all copyrights unless a separate written copyright transfer is signed by the Photographer. Payment for photography services does not transfer copyright ownership.
Clients receive only the usage rights specifically granted in these Terms, the applicable invoice, or another written agreement.
16. Personal-Use License
Portrait, newborn, and personal automotive clients receive a nonexclusive, nontransferable license to download, display, share, and print the delivered images for personal use after full payment.
Personal-use images may be shared on personal social-media accounts. Credit to Caine Crosby Photography is appreciated.
Personal-use images may not be:
Sold or licensed
Used to advertise a business, product, service, campaign, or organization
Submitted to publications or contests without permission
Used to create merchandise for sale
Used by vendors or other businesses without permission
Significantly altered, recolored, filtered, or edited
Used in a misleading, unlawful, defamatory, or harmful manner
Cropping required by a social-media platform is permitted. The Photographer is not responsible for changes in color, sharpness, cropping, or quality caused by social-media compression, third-party printing, screenshots, or display settings.
17. Real Estate Usage License
After full payment, the Client receives a nonexclusive, nontransferable license to use delivered real estate images to market the photographed property for sale, rental, leasing, investment, or other agreed property-related purposes.
Unless otherwise agreed, the license may include use on:
Multiple Listing Services
Real estate websites
Social media
Printed property flyers
Digital advertisements
The Client’s business website or portfolio
Copyright remains with the Photographer.
Builders, architects, interior designers, stagers, contractors, vendors, publications, subsequent listing agents, property owners, and other third parties do not automatically receive usage rights. Third-party use requires the Photographer’s written permission and may require an additional licensing fee.
The Client may provide images to an MLS or property-marketing platform only as necessary to market the applicable property.
18. Retail Automotive and Commercial Usage
After full payment, retail automotive and other commercial clients receive a nonexclusive license to use the delivered images for the business purposes identified in the estimate, invoice, or written agreement.
For retail automotive clients, permitted use may include dealership inventory listings, the dealership website, social media, and advertising directly related to the photographed vehicles.
For other small-business clients, permitted use is limited to the Client’s own website, social-media accounts, advertising, marketing, and other purposes reasonably connected to the agreed project.
Unless separately authorized in writing, commercial images may not be:
Sold, sublicensed, or transferred to another person or business
Provided to manufacturers, vendors, publications, agencies, or other third parties
Used for merchandise, resale products, or unrelated campaigns
Materially altered or used in a misleading or unlawful manner
Expanded advertising, publication, resale, manufacturer use, third-party use, or exclusive usage may require a separate license and additional fee.
19. Promotional Use and Model Release
Unless the Client requests privacy in writing before the session, the Client grants Caine Crosby Photography permission to display delivered photographs for the Photographer’s portfolio, website, social media, studio samples, professional competitions, printed marketing, and business advertising.
The Photographer will not sell a Client’s likeness for unrelated third-party commercial use without separate permission.
A parent or legal guardian booking photography involving a minor represents that they have authority to consent on the minor’s behalf.
Clients requesting complete or partial privacy must notify the Photographer in writing before photography begins. The Photographer will reasonably honor an approved privacy request. A separate written release may be required for certain commercial, publication, or promotional uses.
20. Printing and Color Variation
The Photographer is not responsible for the quality, color, cropping, materials, or longevity of products ordered from third-party printers.
Colors and brightness may vary between screens, mobile devices, laboratories, papers, and print products. Such differences do not constitute defective work.
The Client is responsible for verifying crop placement and other order details when purchasing prints outside the Photographer’s recommended gallery or laboratory.
21. Failure to Deliver and Limitation of Liability
The Photographer takes reasonable precautions to protect image files and equipment. However, photography involves technology that may occasionally fail.
If images are lost, damaged, corrupted, stolen, or otherwise undeliverable because of equipment failure, storage failure, accident, illness, emergency, or another circumstance outside the Photographer’s reasonable control, the Photographer’s maximum liability will be limited to the amount paid for the affected services.
When reasonably possible, the Photographer may offer a reshoot instead of or in addition to a refund.
The Photographer is not liable for indirect, incidental, special, consequential, emotional, or lost-profit damages arising from the services, delay, or inability to deliver images.
Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.
22. Client Representations and Permissions
The Client represents that they have authority to enter into this agreement and to authorize the requested photography.
The Client is responsible for obtaining any necessary:
Property releases
Location permissions
Participant consent
Parent or guardian consent
Permits
Access authorization
Trademark or intellectual-property permission
The Client agrees to reimburse the Photographer for losses, claims, or reasonable expenses resulting from inaccurate representations or the Client’s failure to obtain required authorization, except to the extent caused by the Photographer’s own unlawful conduct.
23. Independent Contractor
Caine Crosby Photography performs services as an independent contractor. Nothing in these Terms creates an employment relationship, partnership, joint venture, agency relationship, or fiduciary relationship between the Photographer and the Client.
24. Governing Law and Venue
These Terms and any dispute arising from the photography services will be governed by the laws of the State of Iowa, without regard to conflict-of-law principles.
Any legal action must be filed in a court with proper jurisdiction in Polk County, Iowa, unless applicable law requires another location.
Before filing a legal action, the parties agree to make a reasonable good-faith effort to resolve the dispute through direct written communication.
25. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or removed if necessary. The remaining provisions will remain in effect.
26. Waiver
A party’s failure to enforce a provision on one occasion does not waive that party’s right to enforce the provision later.
27. Entire Agreement and Changes
These Terms, together with the applicable estimate, invoice, package description, email agreement, or separately signed contract, constitute the complete agreement concerning the services.
Changes must be agreed to in writing. Email and other electronic records may satisfy this requirement.
The Photographer may update the website Terms and Conditions for future assignments. The version in effect when the Client confirms an assignment will apply to that assignment.
28. Electronic Acceptance
Electronic records, electronic signatures, invoice approval, online booking, and electronic payment may be used to form and document the parties’ agreement.
By booking, approving an estimate, paying a reservation fee or invoice, or instructing the Photographer to begin work after receiving access to these Terms, the Client confirms acceptance of them.