Terms of Service

Overview

By accessing this website and booking any services, you agree to be bound by the following Terms of Service. These terms apply to all clients, visitors, and users of this website and services provided under Tom Ortega Photography & Design.

Services

Tom Ortega Photography & Design provides professional photography services including but not limited to portrait sessions, family sessions, couples sessions, events, and creative projects. All services are subject to availability and confirmation upon booking.

Booking & Payment

A deposit may be required to secure your session date. Full payment terms will be communicated at the time of booking. Your session is not confirmed until payment or deposit has been received. Accepted payment methods may include cash, credit/debit card, bank transfer, or other approved digital payment platforms. All payments are non-refundable unless otherwise stated. Rescheduling may be allowed based on availability and at the discretion of the photographer. Clients are responsible for ensuring payment information provided is accurate and valid. Failure to complete payment may result in cancellation of services.

Taxes

Applicable sales tax will be applied to services and/or products where required under Texas state law. Clients are responsible forany additional taxes or fees that may apply based on their location or transaction type.

Cancellations & Rescheduling

Clients must provide reasonable notice if they need to cancel or reschedule a session. Late cancellations or no-shows may result in loss of deposit or fees paid. Rescheduling is not guaranteed and depends on availability.

Travel & Location

Fees For sessions outside the standard service area, additional travel fees may apply. This includes mileage, lodging, transportation, and per diem costs if applicable. Clients booking sessions outside of Texas are responsible for all travel-related expenses unless otherwise agreed in writing prior to booking. Travel dates, logistics, and additional fees will be confirmed during the booking process.

Delivery of Images

Final edited images will be delivered digitally through an online gallery. Delivery timelines will be communicated at the time of booking. Rush delivery may be available for an additional fee. Turnaround times are estimated and may occasionally be delayed beyond the agreed delivery timeframe due to workload, editing schedules, or unforeseen circumstances. Clients will be notified if any significant delays occur. Raw or unedited files are not included unless explicitly agreed upon.

Copyright & Usage

All images remain the intellectual property of Tom Ortega Photography & Design. Clients receive personal usage rights unless otherwise agreed in writing. Images may not be sold, altered, or used for commercial purposes without permission. The photographer reserves the right to use anonymized images for portfolio, marketing, and promotional purposes, including print,digital/web media, and social media platforms.

AI & Digital Image Usage

Clients acknowledge that all delivered images are professionally edited and may include standard post-processing techniques such as color correction, retouching, and exposure adjustments. Unless explicitly agreed in writing, clients may not use delivered images for training artificial intelligence systems, machine learning models, dataset creation, or any form of generative AI training or image synthesis. The alteration of delivered images using AI tools, including but not limited to face swapping, generative edits, or automated image reconstruction, is not permitted without prior written consent from Tom Ortega Photography & Design.

Client Responsibility

Clients are responsible for arriving on time, prepared, and ready for their session. Delays caused by the client may reduce session time without refund. For sessions involving children, clients acknowledge that cooperation is not guaranteed. If children are uncooperative, upset, or unable to participate during the session, the photographer will work to capture the best possible images within the allotted time. Rescheduling due to lack of cooperation, behavior, or emotional state of children is not guaranteed, and final images will be delivered as captured during the session.

Weather & Location

Outdoor sessions are subject to weather conditions. In the event of unsafe or unsuitable weather, sessions may be rescheduled. Location fees, permits, or entry costs (if any) are the responsibility of the client unless otherwise stated.

Limitation of Liability

Tom Ortega Photography & Design is not liable for any injuries, damages, or losses incurred during a session. Clients participate attheir own risk.

Force Majeure

The photographer is not liable for delays, cancellations, or failure to deliver services due to events beyond reasonable control, including but not limited to illness, accidents, weather events, natural disasters, equipment failure, or government restrictions.

Governing Law

These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict of law principles.

Changes to Terms

These Terms of Service may be updated at any time without prior notice. Continued use of services constitutes acceptance of any changes.

Contact

For questions regarding these Terms of Service, please contact through the website contact form or the listed email address.