Terms Of Service

Print, Digital Media, Delivered Goods

All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, canvases, imaging services, Media and/or other Product(s) available through Chris Ewen Crosby Photography’s online store. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and Chris Ewen Crosby must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of conflict between TERMS OF SALE and provisions stated in the TERMS OF USE, the document TERMS OF SALE will govern control conditions of all Products.

Chris Ewen Crosby Photography facilitates purchasing of Products manufactured through its relationship with its party vendors. Purchasing of these Products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available Media and/or physical medium Products is performed by said vendors, and that Chris Ewen Crosby Photography’s role is solely to facilitate and support these vendors for each order pursuant to these TERMS OF SALE.

PRICING & PAYMENT TERMS

Purchasing of Media, Products, and/or Services through Chris Ewen Crosby Photography online store requires that the customer provide valid Payment Information as required by the online store. Chris Ewen Crosby Photography reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon Chris Ewen Crosby’s written request.

The TERMS OF SALE requires the customer agrees to financially reimburse Chris Ewen Crosby Photography for all costs incurred during the collecting of amounts owed by the customer to either Chris Ewen Crosby Photography or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.

The customer is solely responsible for any taxes that they are obligated to pay, or that Chris Ewen Crosby is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). Chris Ewen Crosby Photography reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, Chris Ewen Crosby Photography may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt. 

PHOTO DOWNLOADS; SHIPPING TERMS AND POLICIES

If any digital download of Media and/or Product(s) is included under purchase agreement, or contract, the download will be made available through Chris Ewen Crosby Photography Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.

If any physical Media and/or Product(s) are purchased, Chris Ewen Crosby Photography will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold Chris Ewen Crosby Photography reliable for any delays in shipping.

Chris Ewen Crosby Photography and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Chris Ewen Crosby Photography will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order. 

RETURN POLICY

Chris Ewen Crosby Photography guarantees the customer 100% satisfaction with any Media and/or Product(s) that are purchased through the online store. If for any reason the customer is unsatisfied with any physical Media and/or Product(s) purchased through Chris Ewen Crosby Photography’s online store, Chris Ewen Crosby Photography will accept the return for any reason within thirty (30) days of your receipt of the Media and/or Product(s). Upon successful completion of the return process, and receipt of the returned product, the customer will have the option to either resend the purchased Media and/or Product or issue a full refund of the purchase price paid by the customer less minus the cost of transaction fees incurred, unless the product has been determined to be physically defective upon arrival.

If for any reason the customer is unsatisfied with digital Media and/or Product(s) (i.e., photo download, software preset, etc.), then at the customer’s request, Chris Ewen Crosby Photography may issue a full refund of the purchased price paid by the customer at the sole discretion of Chris Ewen Crosby Photography based on the circumstances. To request a refund or replacement for any purchased Media and/or product, please contact Customer Service at info@chrisewencrosby.com

PRODUCT AVAILABILITY AND PRICING

Chris Ewen Crosby Photography and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case Chris Ewen Crosby Photography will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice. 

PRODUCT DESCRIPTIONS, PRICING & ERRORS

Chris Ewen Crosby Photography endeavors to maintain up-to-date and accurate information for all Media and/or Product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, Chris Ewen Crosby Photography encourages the customer to report such issues to Customer Service at info@chrisewencrosby.com.

Chris Ewen Crosby Photography does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and Chris Ewen Crosby Photography cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.

Chris Ewen Crosby Photography and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or product in unused condition for a full refund (less original shipping costs) within thirty (30) days of receipt.

In the event of any error, Chris Ewen Crosby Photography reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order. 

WARRANTIES

EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS OF PURCHASE. THIS CONSTITUTES THE EXTENT OF Chris Ewen Crosby Photography’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER. 

DIGITAL IMAGE LICENSING

Digital Media and/or Product(s) may be available for purchase through the online store or through contract with Chris Ewen Crosby Photography. Chris Ewen Crosby Photography permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:

  • The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Chris Ewen Crosby Photography. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.

  • Under this provision, neither Chris Ewen Crosby Photography and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).

  • A commercial license may be available upon request, and will require an additional contractual agreement between Chris Ewen Crosby Photography and the customer. Please contact info@chrisewencrosby.com for more information. 

CUSTOMER ALLOWABLE ACTIONS

Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:

  • The customer may display Product(s) and Media on personal websites and computers.

  • The customer may make images and or prints for personal use. 

CUSTOMER BARRED ACTIONS:

Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:

  • The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from Chris Ewen Crosby Photography.

  • The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.

  • The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.

  • The customer shall not incorporate the Media, Product(s), or Chris Ewen Crosby Photography brand or logo into any trademarks, logos, or service marks.

  • The customer shall not make any purchased Media or Product(s) available for download.

  • The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.

Session Photography

When you purchase a session, you are agreeing to the following terms:

  1.  Entire Agreement     This agreement contains the entire understanding between Chris Ewen Crosby Photography and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and signed by all parties involved.

  2. Payment & Prices     All Package costs are as stated at the time of booking & will remain once booking is confirmed. The full contract amount is due at the time of booking unless otherwise stated. Upon your purchase, Chris Ewen Crosby Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the payment is non-refundable.

  3. Reschedule     Due to the time specific nature of this service, clients may not reschedule under any circumstance. 

  4. Torrential Weather     If the weather is torrential and Photographer determines shoot is not possible, the session will be rescheduled for another day. 

  5. Personal Camera     Client may not bring own camera or recording equipment to the session. If a camera is present, Photographer will have to request that it be put away.

  6. Requested Coverage     Chris Ewen Crosby Photography will honor requested photographs but does not guarantee any specific photographs. 

  7. Artistic Style     Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. Photographer reserves the right to artistically interpret how to photograph a scene. This may mean that some shots are color and some may be black and white. 

  8. Cooperation & Physical Liability     All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.

  9. Copyright & Reproductions     The Photographer owns the copyright to all images created during the Session and shall have the exclusive right to make reproductions. The Photographer maintains the right to make reproductions for the Client or for the Photographer’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.

  10. Photographer      The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or personal crisis. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

  11. LIMIT OF LIABILITY     In the unlikely event that the Photographer cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. 

  12. Inherent Qualities      Client is aware that color dyes in photographs and photography products may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.