Acceptance and Assumption of Risk: The booking of a session constitutes an acknowledgement, acceptance, and agreement to all of Zuma Photography's published terms and conditions. By booking with Zuma Photography, participating in a session, or using Zuma Photography's services in any way, you agree to be bound by the terms and conditions contained on this page.
Governing Law: These terms shall be construed in accordance with Pennsylvania Law. Any issues that arise out of using Zuma Photography's services will be exclusively subject to Pennsylvania jurisdiction, and governed by and construed in accordance with the laws of Pennsylvania.
Work Product: This agreement, for the purpose of intellectual property law, is not entered into on a work-for-hire basis, and any assignment or transfer of rights must be memorialized in writing.
Construction and Interpretation: Construction and interpretation of these terms shall not be interpreted against either party. The agreement shall be deemed to be drafted by both parties in a mutual effort.
Warranty: Photographer shall meet obligations under these terms in a fair, reasonable, and honest manner, using industry knowledge that conforms with the generally acceptable industry standards in the professional photography community.
Force Majeure: If performance of photographer or any obligation of either party is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term “Force Majeure” shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil authority, national emergencies, mass shootings, insurrections, riots, wars, strikes, lock-outs, lockdowns, medical emergency, unanticipated mechanical failures, and equally extreme occurrences. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform whenever such causes are removed or ceased.
Independent Contractor Status: Photographer operates as an independent contractor. A scheduled session is not intended to create any partnership, joint venture, co-ownership, agency, or employment relationship. Photographer will not act for client as an agent or make commitments to or on client’s behalf unless specifically agreed to in writing.
Severability: If any provision of these terms and conditions to service is held to be invalid or unenforceable for any reason, public policy or otherwise, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Client pre-payment requirement following non-purchase: Client has no obligation to purchase any photos following a free session. In the event that client books another session in this category at a later date, after having forgone purchase in a previous session, client will be required to pre-pay $80 in order to book a subsequent session within this category of services offered by Zuma Photography. This $80 will be credited toward the purchase of their subsequent order following the new session, and limited to the proofs from that subsequent session.
Assignability: Given the nuanced client specific nature of booked sessions, client is not permitted to assign any rights, duties, or obligations to any other party without photographer’s prior written consent.
Information Disclosure & Cooperation: Client promises to provide all pertinent information and documentation that photographer may request in connection with the performance of services; and client agrees to timely advise photographer of any changes or other information that may require a change in the scope of the undertaking or necessary for effective performance.
Waiver of contractual right: The failure of either party to enforce any provision of these terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these terms.
Zuma Photography, the acting Photographer, independent contractors, employees, representatives, agents, volunteers, and anyone else associated with Zuma Photography, shall be indemnified and held harmless from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted in connection with the services provided. This includes any occurrences, acts, or omissions by photographer or any other party..
Client understands and acknowledges that participating in a photography session is voluntary and may be dangerous and hazardous, and, by its very nature, poses the potential risk of severe and serious physical and emotional injury/illness, or even death, to all individuals who participate.
Client understands and acknowledges that in order to participate, client agrees to assume all
liability and responsibility for any and all potential risks, injuries or even death, which may be associated with participation. Client warrants and represents that client is, and all other participants are, mentally and physically fit, capable, able, and willing to participate in this activity without any limitations.
Client understands, acknowledges, and agrees that Zuma Photography, employees, agents, representatives, or anyone else acting on behalf of Zuma Photography shall not be liable for any injury or illness suffered that is incident to and/or associated with participating
in this activity.
Client hereby releases, discharges, indemnifies, and agrees to hold Zuma Photography harmless, free from any and all liability arising out of or in connection with
client's participation. This extends to all Zuma Photography's employees, agents, independent contractors, volunteers, and representatives,
This release includes but is not limited to all participation related activities, such as travel to session, walking to session's meet up location, moving around during the session, traveling to new location, following prompts, weather events, photography gear malfunctions, and any other hazards that could occur during a photography session.
For purpose of this release, liability means all claims, demands, losses, causes of action, suits, or judgments of any kind that client, guardians, heirs, executors, administrators, and assigns may have against Zuma Photography, Zuma employees, agents, volunteers, and representatives . This includes, but is not limited to client's personal, physical, or emotional injury, accident, illness or death, or because of any loss of or damage to property that occurs during participation.
All claims of liability asserted against Zuma Photography, employees, agents, volunteers, or representatives for passive or active negligence concerning any act or omission other than fraud or willful violation of the law are hereby forfeited.
If client does not wish to accept the risks described, client should not book a session or participate in one.
Client acknowledges that client has carefully read and understood these terms. Client acknowledges that client understands the potential dangers incident to engaging in a photo shoot, and is fully aware of the legal consequences of this agreement. Client agrees to its terms and understands they are waiving certain rights and assuming the risk of injury, damage, harm, and loss of all kinds as a result of participation.
Zuma Photography's privacy policy conforms with CTIA guidelines and guarantees no intentional sharing of consumer information with third parties for marketing purposes or otherwise.
Zuma Photography respects your privacy and is committed to protecting your personal information. We will not share your personal information with any third parties for marketing purposes. Your information is private and will remain private.
Information we collect is limited to full name, phone number, and email address. This information is used solely to provide services, process transactions, and provide customer support.
We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure pursuant to industry standards. Nevertheless, no security system is perfect, and we cannot guarantee the security of your information. You have the right to access your personal information, correct any inaccuracies in your personal information, delete your personal information, and opt out of any marketing communications.
We may update this Privacy Policy from time to time. We will notify you of any material changes
If you have any questions about this Privacy Policy, please contact us at info@zumaphotography.org.