LEGAL
Last Updated: January 2025
The Simple Version
When you book a photography session with us, you're agreeing to these terms. The main points: we own the photos we create, but you can use them professionally. We can use your photos to show off our work. Treat everyone with respect. Pay on time. This page has all the details.
Important: By Booking, You Agree
When you schedule an appointment with us, you automatically agree to all the terms on this page. This includes giving us permission to use your photos for our portfolio and marketing (the "Model Release" section below). Please read everything carefully before booking your session.
Who These Terms Apply To
These terms apply to anyone who:
- Books a photography session with us
- Visits our website
- Purchases our services
- Participates in a photo session as a subject
Copyright and Image Ownership
We Own the Photos
All photographs created during your session are copyrighted works owned by 312 Photography. This means:
- We keep the copyright to every image we create
- The photographer (Michael Schacht) is the legal owner of all photos
- You cannot claim ownership or copyright of the images
- This ownership lasts forever, even after you receive your photos
What You CAN Do With Your Photos
When you purchase photos, you receive a license to use them. Think of it like buying a song on iTunes—you can listen to it, but you don't own the rights to sell copies. You CAN:
- Use them professionally: LinkedIn, company websites, business cards, resumes, portfolios
- Post them on social media: Instagram, Facebook, Twitter, etc.
- Print them for personal use: Hang them in your office, give copies to family
- Include them in marketing materials: Your business brochures, about pages, speaking engagements
- Use them for personal branding: Author photos, speaker bios, media kits
What You CANNOT Do
You may not use the photos for commercial resale or redistribution. This means you cannot:
- Sell the photos: No selling prints, digital copies, or downloads to others
- License them to others: You can't give or sell permission for others to use the images
- Use them in products for sale: No t-shirts, mugs, calendars, or other merchandise without written permission
- Remove watermarks or credits: Don't crop out or remove our photographer credit
- Claim you took them: You can't say you're the photographer
- Modify extensively without permission: Major alterations or heavy editing requires our approval
- Redistribute the original files: Don't share the high-resolution files we give you with other photographers or businesses
Example: A headshot client can post their photo on LinkedIn and use it on their consulting website. But they cannot sell prints of the photo to their colleagues or put it on t-shirts to sell at events.
Model Release Agreement
By booking an appointment, you automatically grant us a full model release. This is standard in professional photography and allows us to showcase our work.
What This Means
You give 312 Photography unlimited permission to use photographs from your session in the following ways:
✓ Portfolio Display: On our website, in printed portfolios, in-studio displays
✓ Social Media Marketing: Instagram, Facebook, LinkedIn, Twitter, TikTok, Pinterest
✓ Advertising: Online ads, print ads, billboards, promotional campaigns
✓ Print Marketing: Brochures, flyers, postcards, business cards, trade show materials
✓ Editorial Use: Magazine articles, blog posts, press releases, news features
✓ Educational Materials: Workshops, tutorials, presentations, teaching materials
✓ Competitions and Awards: Photography contests, industry awards, exhibitions
✓ Any other promotional or commercial use: we deem appropriate
Additional Model Release Terms
- No compensation: You will not receive payment or royalties when we use your images
- No approval required: We don't need to ask your permission each time we use a photo
- Worldwide and perpetual: This permission lasts forever and applies everywhere in the world
- Transferable: We can give this permission to business partners, publishers, or clients if needed
- Cannot be revoked: Once given, this permission cannot be taken back (except in extraordinary circumstances)
Opt-Out Option
If you do not want us to use your photos for marketing purposes, you must tell us in writing before your session. This may affect pricing or availability, as portfolio work is part of how we build our business. Contact us before booking if you need privacy restrictions.
Booking and Payment Terms
Appointments
- Book sessions through our website scheduling system (Acuity Scheduling)
- Arrive on time—late arrivals may result in shortened sessions
- Sessions include a set amount of time; overtime may incur additional fees
Payment
- Payment is due at the time of booking or as agreed upon
- We accept credit cards through Stripe
- All prices are in US Dollars
- Prices may change without notice (but not for already-booked sessions)
Cancellations and Refunds
- Cancellations must be made at least 48 hours in advance to receive a full refund
- Cancellations within 48 hours forfeit the deposit or session fee
- We reserve the right to reschedule due to illness, emergency, or equipment failure
- Weather-related cancellations (for outdoor sessions) can be rescheduled without penalty
- No-shows forfeit all payments
Image Delivery
- Photos are typically delivered within 1-3 weeks after your session
- Rush delivery may be available for an additional fee
- Images are delivered digitally via secure download
- We are not responsible for lost images after delivery—back them up!
Conduct and Behavior
We expect everyone to treat each other with respect:
- Be respectful: No harassment, discrimination, or abusive behavior toward our team
- Be sober: Arrive to your session sober and in a professional state
- Follow directions: Cooperate with photographer instructions for best results
- Studio rules: Follow all studio rules and safety guidelines
We reserve the right to refuse service or end a session early if anyone behaves inappropriately, without refund.
Limitation of Liability
While we do our absolute best to deliver amazing photos, sometimes things happen:
- Equipment failure: If equipment fails and we cannot complete your session, we'll reschedule or refund you
- Lost images: If something catastrophic happens (like data loss), our maximum liability is the amount you paid
- Personal injury: You participate in photo sessions at your own risk; we are not liable for accidents or injuries
- Not liable for consequential damages: We're not responsible for missed opportunities, business losses, or emotional distress
In plain English: If something goes wrong, the most we'll owe you is what you paid us. We're not responsible for things beyond our control.
Changes to Services
We reserve the right to:
- Change our prices, packages, or services at any time
- Update these terms and conditions (we'll notify you of major changes)
- Refuse service to anyone for any legal reason
- Close or relocate our business
Legal Jurisdiction and Disputes
These terms are governed by Illinois and United States law:
- Jurisdiction: Illinois state law applies to all agreements
- Venue: Any legal disputes will be handled in Cook County, Illinois courts
- Dispute resolution: We prefer to resolve issues directly—please contact us first before taking legal action
- Attorney fees: If a dispute goes to court, the losing party pays legal fees
Severability
If any part of these terms is found to be unenforceable by a court, the rest of the terms still apply. Think of it like a contract where one bad sentence doesn't throw out the whole thing.
Entire Agreement
These terms, along with our Privacy Policy, represent the complete agreement between you and 312 Photography. Any previous conversations, emails, or verbal agreements are replaced by what's written here.
Acknowledgment
By booking an appointment or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you don't agree, please don't book a session with us.
Questions About These Terms?
We know legal stuff can be confusing. If you have questions about anything on this page, just ask! We're happy to explain in plain English.
Email: info@312elements.com
Phone: Contact us through our website
312 Photography
Chicago, Illinois, USA
