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Terms

Terms of Service

Effective June 24, 2026

Welcome to Martelle Lens Co. These Terms of Service (the “Terms”) govern your use of martellelens.com(the “Site”) and any photography services you book with Martelle Lens Co. (“Martelle Lens,” “we,” or “us”). By using the Site or booking a session, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Site or book a session.

1. Eligibility

You must be at least 18 years old to book a session or submit a contact form. Sessions involving minors must be booked by a parent or legal guardian, who must be present at the session or designate another adult to attend.

2. Use of the Site

You agree to use the Site only for lawful purposes. You will not:

  • Reverse-engineer, scrape, or attempt to disrupt the Site;
  • Upload or transmit harmful, infringing, or unlawful content;
  • Impersonate any person or misrepresent your affiliation; or
  • Use any photograph displayed on the Site in violation of Section 8.

3. Intellectual property

All content on the Site — including photographs, text, graphics, the Martelle Lens Co. name, logo, and design — is the property of Martelle Lens Co. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. No content may be copied, reproduced, distributed, modified, or used to train any machine-learning or generative AI model without our prior written permission.

4. Bookings & payments

  • Inquiry vs. booking. Submitting the booking form is a request only. Your session is confirmed once we reply to confirm availability and you pay the retainer.
  • Retainer. A non-refundable retainer equal to 30% of the session fee (or another amount stated in writing) is required to hold your date. The retainer is applied to your total.
  • Balance. The remaining balance is due no later than 24 hours before the session start time, unless otherwise agreed in writing.
  • Travel. Sessions outside the included service area may incur a travel fee, quoted in writing before booking is confirmed.
  • Pricing. Pricing on the Site is current at the time of publication and may change without notice. The price for your session is the one confirmed in your booking.

5. Cancellations & rescheduling

  • Client cancellation. The retainer is non-refundable. If you cancel more than 14 days before your session, any payment beyond the retainer is refundable. Within 14 days, no refund is issued, but you may apply your payment toward a rescheduled date within 90 days, subject to availability.
  • Rescheduling. One reschedule is included at no charge if requested at least 72 hours in advance. Subsequent reschedules or shorter notice may incur a fee of up to $75.
  • No-shows & late arrival. If you do not appear within 30 minutes of the scheduled start time without notice, the session is forfeited and no refund is due. Session time lost to late arrival is not added at the end.
  • Photographer cancellation. If we must cancel due to illness, emergency, or other circumstance, you will receive a full refund (including the retainer) or the option to reschedule, at your choice. Our liability is limited to amounts you have paid us.

6. Session conduct

You agree to follow reasonable directions during the session, to refrain from disruptive, unsafe, or unlawful behavior, and to respect the photographer and any third parties present. We reserve the right to end a session early without refund if behavior, substance use, or unsafe conditions make the session impractical or unsafe.

7. Image delivery

  • Timeline. Edited galleries are typically delivered within 2–4 weeks of the session date. Larger sessions (weddings, multi-hour events) may take up to 8 weeks.
  • Format. Galleries are delivered through Pixieset as high-resolution JPEG files. Print and album options are available through the gallery.
  • Number of images. The number of edited images included is the one stated on the Site for your package or confirmed in writing.
  • Unedited / RAW files. Unedited or RAW files are not delivered, sold, or licensed under any circumstance. They are part of our creative process and not a finished product.
  • Backup. You are responsible for downloading your gallery and keeping your own backup. Galleries remain available on Pixieset for the period stated at delivery (typically 6 months).

8. Image license & copyright

Martelle Lens Co. retains the copyright to all photographs produced. Upon full payment, you receive a perpetual, non-exclusive, royalty-free license to use the delivered images for personal, non-commercial purposes, including:

  • Printing the images for personal use;
  • Sharing the images on personal social media (with photo credit to @martelle.lens appreciated but not required);
  • Sending the images to family and friends.

Any commercial use — including use by brands, businesses, advertising, magazines, paid promotion, or training of machine-learning or generative AI models — requires a separate written license. Resale or redistribution of the images, and removal of any embedded copyright information, is prohibited.

9. Portfolio & marketing use

By booking a session, you grant Martelle Lens Co. an irrevocable, royalty-free, non-exclusive license to use the photographs (and your name, voice, and likeness as shown in them) for portfolio, promotional, editorial, and marketing purposes, including on the Site, social media, in print, in submissions to publications, and in advertising.

If you would prefer not to be featured publicly, please email us at martelle.lens@gmail.com within 7 days of booking and we will note your file. We will honor reasonable requests to remove specific images from our public portfolio.

10. Sessions involving minors

A parent or legal guardian who books a session for a minor represents that they have the legal authority to grant the licenses in Sections 8 and 9 on behalf of the minor and any other minor attending. We will not knowingly publish identifying information (full name, school, address) of any minor.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MARTELLE LENS CO.’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY SESSION IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SESSION IN QUESTION (OR, FOR SITE-ONLY CLAIMS, ONE HUNDRED U.S. DOLLARS). IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

12. Indemnification

You agree to defend, indemnify, and hold harmless Martelle Lens Co., its owner, agents, and contractors from any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your use of the Site, or the conduct of you or any guest you bring to a session.

13. Force majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including weather, natural disaster, illness, government action, transit failure, or power or network outage. In such cases we will reschedule the session in good faith.

14. Governing law & disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The exclusive venue for any dispute that is not subject to small-claims jurisdiction is the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction there. You and Martelle Lens Co. each waive any right to a jury trial.

15. Changes to the Terms

We may revise these Terms from time to time. The version posted on the Site at the time you book your session governs that session. Continued use of the Site after a revision constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms?
Martelle Lens Co.
South Florida
Email: martelle.lens@gmail.com

These Terms are a starting framework drafted for the Site. They do not constitute legal advice. We recommend reviewing them with a Florida-licensed attorney before relying on them for substantial bookings (e.g., weddings, commercial work).