Last Updated: July 10, 2025
Welcome to the official website of Kristi McCarty Photography (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“user,” “you,” or “your”) and Kristi McCarty Photography, governing your access to and use of our website, located at www.kristimccartyphotography.com (the “Website”). By accessing, browsing, or using the Website, you acknowledge and agree that you have read, understood, and accepted these Terms, along with our Privacy Policy.
If you do not agree to these Terms, you must immediately cease using the Website. Your continued use of the Website constitutes acceptance of any modifications or amendments we may make to these Terms over time. It is your responsibility to review these Terms periodically to remain informed about any changes.
1. IMAGE RIGHTS AND PROMOTIONAL USE
This agreement is between Kristi McCarty Photography, Ltd. (hereafter “Photographer,” “The Photographer,” The Photography Studio”) and the “Client.”
On-line gallery: Images will be available within 30 days of your session and will be presented to you in an on-line, password protected gallery. The number of images in your gallery will depend on which session you’ve chosen (see INVESTMENT/ PORTRAIT SESSIONS). Your proofing gallery will be active for 90 days. A $30 non-refundable, re-posting fee will apply to expired galleries after the 90 days. Following receipt of payment, your gallery will be active for an additional 30 days.
Retouching: Any retouching beyond basic retouching (blemishes, small scars, lint, etc.) will be charged at $50/ hour with a 1 hour minimum.
Travel Fee: There is a $50 travel fee for locations 30 miles or more from Geneva, Illinois.
Exclusive Photographer: Please only bring the people that will be photographed to the session. Do not bring (or use) your own camera, camcorder, or any other recording device to the session. This includes the use of your cell phone camera.
Client agrees to hold harmless the Photographer, employees, agents, independent contractors and all other persons acting under the Photographers permission or authority of those for whom the Photographer is acting, from any personal injury or illness or injury to any property which may occur as the client/s pose/s or works with the Photographer.
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/ or scenes to be photographed; taking time to pose for photographs at the Photographers direction; pre-shoot consultations. The Photographer shall not be responsible for photographs not taken as a result of the Clients failure to provide reasonable assistance or cooperation.
Copyright: The Federal Copyright Law protects copyright. It is unlawful to copy or scan any images without explicit permission of the Photographer. Kristi McCarty Photography retains the legal copyright to the files of any images taken during the sessions. In order to control the quality of the work produced, the Photographer is the only one who can modify an image from your photo session. The Photographer reserves the right to reproduce images for her portfolio, website and marketing materials. You may post your photo(s) on social networking sites such as Facebook and Instagram.
Rescheduling: The session fee covers the cost of holding your session date and preparing for the photo session. The time and date reserved for you cannot be reserved for any other clients, thus, these fees are due in full at the time of booking and are non-refundable. I am happy to reschedule should an urgent situation arise such as illness or a medical emergency. Less urgent situations (e.g. an extra busy work week, etc.) are not valid reasons to reschedule. I appreciate your cooperation. If you are sick please call or email as soon as possible. If the forecast calls for more than a 50% chance of rain the day before your outdoor session or wind above 15%, I will be in touch to discuss the possibility of rescheduling your session. Wind can create unflattering hair and outfit issues that are beyond retouching. The rescheduled session must be made up within 12 months.
Image File Archives and Printing: Please back up your files as soon as possible. Digital files are fragile (computer crashes, accidental deletion, damaged disks). Prints are a good way to preserve your images. Though places like Walgreens and Costco provide prints cheaply and quickly, the colors and quality is not the same as you would get from a professional lab. You may print your photos through my lab or consider using Mpix.com (a consumer-level but quality lab) for your printing needs. When printing please note that colors may vary slightly from your computer screen to the actual print product.
2. ACCEPTANCE OF TERMS
By accessing and using this Website, you affirm that you are of legal age in your jurisdiction to enter into this agreement and that you will comply with all applicable laws and regulations when using this Website. If you are accessing this Website on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.
Kristi McCarty Photography reserves the right to modify, update, or change these Terms at any time, in its sole discretion, without prior notice. Any modifications will be effective immediately upon posting. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
3. USE OF THE WEBSITE
The Website and its content are provided for general informational and business purposes only. Kristi McCarty Photography grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms.
You agree not to engage in any of the following prohibited activities while using the Website:
a) Violating any local, state, national, or international laws, regulations, or policies.
b) Engaging in fraudulent, misleading, or deceptive conduct.
c) Interfering with or disrupting the security, integrity, or performance of the Website, including attempting to gain unauthorized access to any part of the Website, its servers, databases, or networks.
d) Using the Website to transmit viruses, malware, or other malicious code that could harm or disrupt other users, their devices, or the Website’s functionality.
e) Copying, reproducing, modifying, distributing, displaying, publishing, transmitting, licensing, selling, or creating derivative works from the Website or any of its content without prior written consent from Kristi McCarty Photography.
f) Engaging in data scraping, data mining, or any automated method of accessing the Website without authorization.
g) Impersonating another person, entity, or misrepresenting your affiliation with any entity or organization.
h) Using the Website for any commercial purpose not expressly authorized by Kristi McCarty Photography.
Failure to comply with these restrictions may result in the immediate termination of your access to the Website and potential legal action.
4. INTELLECTUAL PROPERTY RIGHTS
All content, trademarks, service marks, trade names, logos, images, text, software, videos, and other materials available on the Website (“Content”) are the exclusive property of Kristi McCarty Photography or its licensors and are protected by U.S. and international intellectual property laws, including copyright, trademark, and trade secret laws.
You may not use, reproduce, distribute, display, or create derivative works of any Content without Kristi McCarty Photography’s express prior written consent. Unauthorized use of any Content may violate applicable intellectual property laws and result in legal consequences.
5. DISCLAIMERS AND LIMITATION OF LIABILITY
The Website and all information, materials, products, and services provided on it are offered on an “AS IS” and “AS AVAILABLE” basis, without any warranties, express or implied. Kristi McCarty Photography expressly disclaims any and all warranties, including but not limited to:
a) Warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
b) Warranties that the Website will be secure, error-free, uninterrupted, or that defects will be corrected.
c) Warranties regarding the accuracy, reliability, or completeness of the information provided on the Website.
Kristi McCarty Photography shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of the Website, including but not limited to:
a) Loss of profits, revenue, business opportunities, or data.
b) Personal injury or property damage resulting from your access to or use of the Website.
c) Unauthorized access to or use of our servers and any personal information stored therein.
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the fullest extent permitted by law.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kristi McCarty Photography, its officers, employees, affiliates, partners, licensors, and agents from and against any and all claims, demands, liabilities, damages, losses, and expenses, including legal fees, arising out of:
a) Your use or misuse of the Website.
b) Your violation of these Terms.
c) Your infringement of any intellectual property or other rights of a third party.
d) Any unauthorized or unlawful use of your account (if applicable).
Kristi McCarty Photography reserves the right to assume exclusive defense and control of any matter subject to indemnification at your expense.
7. THIRD-PARTY LINKS AND SERVICES
The Website may contain links to third-party websites, services, or resources. These links are provided for convenience only, and Kristi McCarty Photography does not endorse, control, or assume responsibility for the content, accuracy, or policies of any third-party sites.
Your interactions with any third-party websites are at your own risk, and you should review their terms and policies before engaging with them.
8. TERMINATION AND SUSPENSION OF ACCESS
Kristi McCarty Photography reserves the right to terminate, restrict, or suspend your access to the Website at any time, for any reason, including but not limited to:
a) Violation of these Terms.
b) Conduct that is harmful to Kristi McCarty Photography, its Website, or other users.
c) Engaging in illegal or fraudulent activities.
Upon termination, you must cease all use of the Website, and any provisions in these Terms that should reasonably survive termination shall remain in effect.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.
Any disputes arising out of or relating to these Terms shall be resolved through:
a) Informal Negotiation: The parties will attempt to resolve disputes in good faith through direct negotiations.
b) Binding Arbitration: If the dispute cannot be resolved informally, it shall be submitted to arbitration under the American Arbitration Association (AAA) in Illinois. The arbitration decision shall be final and binding.
c) Litigation: If arbitration is not enforceable, disputes shall be resolved in the state or federal courts located in Illinois, and you agree to submit to their exclusive jurisdiction.
10. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that closely matches the original intent.
11. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kristi McCarty Photography regarding the use of the Website and supersede all prior agreements, representations, and understandings.
12. CONTACT INFORMATION
If you have any questions or concerns regarding these Terms, you may contact us at: kristi@kristimccartyphotography.com | 630-841-5766
By using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms.