Terms and Conditions

Frank Espinoza Portraiture LLC 2054 Kildaire Farm Rd. #353, Cary, North Carolina 27518 Phone: (919) 980-8528 | Email: frank@frankespinozaportraiture.com Website: https://www.frankespinozaportraiture.com

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1. Acceptance of Terms

By accessing or using the website located at https://www.frankespinozaportraiture.com (the "Website"), or by booking, purchasing, or receiving any services from Frank Espinoza Portraiture LLC ("Photographer," "we," "us," or "our"), you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Website or engage our services.

These Terms constitute a legally binding agreement between you and Frank Espinoza Portraiture LLC, a North Carolina limited liability company.

2. Services Offered

Frank Espinoza Portraiture LLC provides luxury portrait photography services, including but not limited to portrait sessions, image editing, print production, framing, and installation. Services are offered in tiered packages as described on the Website and in the Client Service Agreement executed between the parties.

2.1 Package Tiers

| Package | Session Fee | Non-Refundable Retainer | |---------|------------|------------------------| | The Portrait | $5,000 | $1,500 (30%) | | The Collection | $10,000 | $4,000 (40%) | | The Frank Espinoza Signature | $25,000 | $12,500 (50%) |

Package inclusions, deliverables, and specific terms are set forth in the Client Service Agreement executed at the time of booking.

3. Booking and Payment Terms

3.1 Retainer

A non-refundable retainer is required at the time of booking to secure your session date and time. The retainer amount varies by package tier as set forth in Section 2.1 above. The retainer is applied toward the total package fee but is non-refundable under all circumstances, including but not limited to cancellation, no-show, or change of mind.

3.2 Balance Due

The remaining balance of the package fee is due in full prior to the delivery of any final products, including prints, digital files, framed portraits, or any other deliverables. No final products will be released, shipped, or installed until the balance is paid in full.

3.3 Accepted Payment Methods

Payment may be made by credit card, debit card, bank transfer, or other methods as communicated by the Photographer at the time of booking. All payments are processed in U.S. dollars.

3.4 Late Payment

If any balance remains unpaid beyond thirty (30) days after it becomes due, the Photographer reserves the right to assess a late fee of 1.5% per month (18% per annum) on the outstanding balance, or the maximum rate permitted under North Carolina law, whichever is less. The Photographer further reserves the right to suspend all work, withhold all deliverables, and pursue collection of the outstanding balance, including reasonable attorneys' fees and costs.

4. Cancellation and Rescheduling Policy

4.1 Cancellation by Client

If the Client cancels for any reason after booking, the non-refundable retainer is forfeited in its entirety. No portion of the retainer will be refunded, credited, or transferred. This policy applies regardless of the reason for cancellation, including personal emergencies, scheduling conflicts, or change of mind.

4.2 Rescheduling

The Client may reschedule a confirmed session up to two (2) times, provided that each reschedule request is made at least forty-eight (48) hours before the originally scheduled session date and time. Rescheduling requests made with fewer than forty-eight (48) hours' notice will be treated as a cancellation, and the retainer will be forfeited. After two (2) reschedules, any further request to change the session date will be treated as a cancellation.

4.3 No-Show

If the Client fails to appear at the agreed-upon session date, time, and location without providing at least forty-eight (48) hours' advance notice, the retainer shall be forfeited in full. The Photographer shall have no obligation to reschedule or provide any services following a no-show.

4.4 Cancellation by Photographer

In the unlikely event that the Photographer must cancel a session due to illness, emergency, equipment failure, or other circumstances beyond the Photographer's reasonable control, the Photographer will make every reasonable effort to reschedule the session at a mutually agreeable date and time. If rescheduling is not possible, the Client will receive a full refund of all amounts paid, including the retainer. The Photographer's liability in such event shall be limited to a refund of amounts paid and shall not include consequential, incidental, or special damages.

5. Delivery Timelines

5.1 Edited Image Gallery

The Photographer will provide edited images for the Client's review within three (3) weeks of the session date. Images will be made available through a secure online gallery or other method at the Photographer's discretion.

5.2 Final Portraits and Products

Final portraits, prints, framed works, and other deliverables will be produced and delivered within four (4) weeks following the Client's final image selection and approval. Delivery timelines are estimates and may vary due to factors beyond the Photographer's control, including but not limited to supplier delays, shipping delays, and custom framing lead times.

5.3 Installation

For packages that include installation services, installation will be scheduled upon mutual coordination between the Photographer and the Client following receipt of finished products. The Photographer is not responsible for delays caused by the Client's unavailability or site readiness.

5.4 Delays

While the Photographer endeavors to meet all stated timelines, the timelines set forth herein are estimates and not guarantees. The Photographer shall not be liable for delays caused by circumstances beyond the Photographer's reasonable control, including but not limited to acts of God, natural disasters, pandemics, supplier failures, shipping delays, or governmental actions.

6. Intellectual Property and Copyright

6.1 Copyright Ownership

All photographs, images, edits, and creative works produced by the Photographer (collectively, "Images") are the exclusive intellectual property of Frank Espinoza Portraiture LLC and are protected by the United States Copyright Act (17 U.S.C. § 101 et seq.) and applicable North Carolina and international copyright laws. The Photographer retains full copyright ownership of all Images at all times.

6.2 Client License

Upon full payment of all fees due, the Client receives a limited, non-exclusive, non-transferable, personal use print release for all chosen Images, as further described in the Print Release / License Agreement provided to the Client. This license does not constitute a transfer of copyright.

6.3 Photographer's Use

The Photographer retains the right to use all Images for portfolio display, marketing materials, social media, website content, advertising, print publications, competitions, exhibitions, and any other promotional or commercial purpose, unless the Client opts out of such use in writing. Opt-out requests must be submitted in writing to the Photographer prior to or at the time of the session.

6.4 Prohibited Uses

The Client shall not use, license, sell, or distribute any Images for commercial purposes without the prior written consent of the Photographer. Commercial use includes, but is not limited to, use in advertisements, product packaging, editorial publication, stock photography, or any use intended to generate revenue.

7. Model Release

By booking a session, the Client acknowledges that a separate Model Release will be presented for execution. The Model Release grants the Photographer permission to use the Client's likeness in Images for the purposes described in Section 6.3. For sessions involving minors (individuals under 18 years of age), a parent or legal guardian must execute the Model Release on the minor's behalf in accordance with North Carolina law.

8. Limitation of Liability

8.1 Maximum Liability

To the fullest extent permitted by North Carolina law, the Photographer's total liability to the Client for any claims arising out of or related to these Terms, the services provided, or any Images shall not exceed the total amount actually paid by the Client to the Photographer for the applicable package.

8.2 Exclusion of Damages

In no event shall the Photographer be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of revenue, loss of profits, loss of business, emotional distress, or loss of data, regardless of whether such damages were foreseeable or whether the Photographer was advised of the possibility of such damages.

8.3 Equipment and Data

While the Photographer takes every reasonable precaution to safeguard image data, the Photographer shall not be liable for the loss or corruption of any image data due to equipment malfunction, theft, fire, natural disaster, or other events beyond the Photographer's reasonable control. The Photographer's liability in such event shall be limited to a refund of amounts paid for the affected session.

9. Force Majeure

Neither party shall be liable for failure or delay in the performance of any obligation under these Terms if such failure or delay results from causes beyond the party's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, government actions, civil unrest, fire, flood, earthquake, power outages, internet failures, or supplier failures. In such event, the affected party shall promptly notify the other party and the parties shall work in good faith to reschedule or otherwise resolve the matter.

10. Website Use

10.1 Accuracy of Information

The content on the Website is provided for general informational purposes. While the Photographer endeavors to keep the Website accurate and up to date, the Photographer makes no representations or warranties regarding the completeness, accuracy, or reliability of any information on the Website.

10.2 Third-Party Links

The Website may contain links to third-party websites. The Photographer does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites. Access to third-party websites is at the Client's own risk.

10.3 Prohibited Conduct

You agree not to: (a) use the Website for any unlawful purpose; (b) attempt to gain unauthorized access to any portion of the Website; (c) use any automated means to access the Website; (d) interfere with the proper functioning of the Website; or (e) copy, reproduce, or distribute any content from the Website without written permission.

11. Privacy

Your use of the Website and our collection, use, and disclosure of your personal information are governed by our Privacy Policy, available at https://www.frankespinozaportraiture.com/privacy-policy. By using the Website or engaging our services, you consent to our data practices as described in the Privacy Policy.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.

12.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve any dispute informally by contacting the other party in writing and allowing thirty (30) days for resolution.

12.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall take place in Wake County, North Carolina. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST FRANK ESPINOZA PORTRAITURE LLC. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

12.5 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in the small claims court of Wake County, North Carolina, for disputes within that court's jurisdictional limits.

13. Indemnification

The Client agrees to indemnify, defend, and hold harmless Frank Espinoza Portraiture LLC, its members, managers, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's breach of these Terms; (b) the Client's unauthorized use of any Images; or (c) the Client's use of the Website.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

15. Entire Agreement

These Terms, together with the Client Service Agreement, Model Release, Print Release, and Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

16. Modifications

The Photographer reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Website with an updated effective date. Your continued use of the Website or services after any modification constitutes acceptance of the revised Terms. For existing Client Service Agreements, any modifications to these Terms shall not alter the terms of an executed agreement without the written consent of both parties.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact:

Frank Espinoza Portraiture LLC 2054 Kildaire Farm Rd. #353 Cary, North Carolina 27518 Phone: (919) 980-8528 Email: frank@frankespinozaportraiture.com Website: https://www.frankespinozaportraiture.com

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Effective as of March 24, 2026