Terms of
Service
These Terms of Service (“Terms”) govern your use of this website and any photography, web design, or app development services provided by E & E Media, doing business as Ezekiel Photography (“we,” “us,” or “our”). By using this website or booking our services, you agree to these Terms.
01Using This Website
You may browse this website for personal, non-commercial purposes. You agree not to misuse the site, including by attempting to disrupt it, copying it in bulk, or using automated tools to scrape its content or images.
This website links to other websites, including client projects and social media. We are not responsible for the content or practices of sites we do not control.
Affiliate links. Some links on this website are affiliate or referral links, including links to our partner ADVNCE Labs. If you make a purchase through one of these links, we may earn a commission at no extra cost to you. Purchases from partners are governed by the partner’s own terms and policies, and partner products are not sold or supported by E & E Media.
02Our Content & Images
All photographs, designs, text, and other content on this website are owned by E & E Media or used with permission, and are protected by copyright. You may not download, copy, reproduce, edit, or share our images (including on social media, in AI training data, or for commercial use) without our written permission.
Images of models and clients appear with their consent. If you appear in an image on this site and would like it removed, contact us and we will respond promptly.
Client websites and apps shown in our portfolio are displayed to showcase our work; their names and trademarks belong to their respective owners.
03Pricing & Quotes
Prices listed on this website are starting rates and are provided for general information. Prices marked “starting at” or “from” depend on project scope. The final price for any project is the amount stated in your written quote, proposal, or invoice. We may update our listed prices at any time; changes do not affect projects already quoted in writing.
Travel outside our local area, rush delivery, additional edits, extra pages or features, and other requests outside the agreed scope may be billed separately, and we will tell you before any additional charges apply.
04Booking & Payment
A session or project is confirmed once we have agreed on the scope in writing and received any required deposit. Unless your invoice or agreement says otherwise:
- Photography: a non-refundable retainer of 50% is due to reserve your date. The balance is due on or before the session date.
- Web design & app development: a 50% deposit is due before work begins. The balance is due at completion, before the site or app is launched or files are handed over. Larger projects may be billed in milestones.
- Invoices are due within 14 days of the invoice date. Late payments may be subject to a fee of 1.5% per month on the unpaid balance.
- We accept Zelle and checks payable to E & E Media, as listed on your invoice.
We may pause work or withhold final deliverables until all outstanding balances are paid.
05Cancellations & Rescheduling
Photography
You may reschedule a session once at no charge with at least 72 hours’ notice, subject to availability. Cancellations or no-shows with less notice forfeit the retainer. If weather or unsafe conditions prevent an outdoor shoot, we will reschedule at no additional cost.
Web & App Projects
You may cancel a web or app project at any time with written notice. You are responsible for payment for work completed up to the cancellation date, and deposits cover work already scheduled and are non-refundable. If a project is put on hold by the client for more than 60 days, we may close it and treat it as cancelled.
If We Must Cancel
If we need to cancel due to illness, emergency, or circumstances beyond our control, we will offer a new date or a full refund of any payments made for the work not delivered.
06Photography Services
Copyright & Usage License
We retain copyright to all images we create. Upon full payment, you receive a license to use your final images as described in your package (for example, a digital and social media license, or a full commercial and print license). Unless your package says otherwise, the license is non-exclusive and non-transferable, and does not allow you to resell the images or claim authorship.
Delivery
Edited images are delivered through a private online gallery within the timeframe stated in your package or quote. We select and edit images in our professional style; raw or unedited files are not included. Please download your images promptly, as galleries may expire.
Portfolio Use & Model Releases
We may use images from your session in our portfolio, website, and social media unless we agree otherwise in writing before the session. Models and subjects may be asked to sign a model release. Anyone under 18 must have a parent or guardian present and sign on their behalf.
07Web Design & App Development
Scope & Revisions
Each project’s pages, features, and number of revision rounds are defined in your quote or proposal. Requests beyond that scope are treated as change requests and quoted separately before we proceed.
Ownership
Upon full payment, you own the final design and the custom content and code created specifically for your project. We keep ownership of our pre-existing tools, code libraries, and techniques, and grant you a permanent license to use them as part of your project. Third-party components (such as fonts, plugins, themes, stock images, and software libraries) remain subject to their own licenses. We may display the finished work in our portfolio unless you ask us not to in writing.
Third-Party Services
Websites and apps often depend on third-party services such as hosting, domain registrars, payment processors, email, and app stores. Those services are governed by their own terms and fees, which are your responsibility unless included in your quote. We are not responsible for outages, price changes, policy changes, or data loss caused by third-party providers.
Launch, Support & Maintenance
Post-launch support is limited to the period stated in your package (for example, 30 days) and covers fixing defects in the work we delivered. Ongoing updates, new features, content changes, and security maintenance after that period are available through a monthly care or support plan, or billed hourly.
No Guarantee of Results
We build with performance, accessibility, and search visibility in mind, but we cannot guarantee specific search rankings, traffic, sales, or app store approval.
Professional & Regulated Content
If your website or app contains medical, legal, financial, or other professional or regulated content, you are responsible for the accuracy of that content and for your own compliance with the laws and regulations that apply to your business.
08Client Responsibilities
- Provide accurate information, content, and feedback in a timely manner. Delays in providing materials may delay delivery dates.
- Make sure you have the rights to any logos, text, images, music, or other materials you give us to use, and that they do not infringe anyone else’s rights.
- Secure any permits, location permissions, or releases needed for a shoot at a location you choose.
- Keep your own backups of delivered files, websites, and accounts once they are handed over.
09Limitation of Liability
This website and its content are provided “as is.” To the fullest extent permitted by law, E & E Media will not be liable for any indirect, incidental, special, or consequential damages, including lost profits, lost data, or business interruption, arising from your use of this website or our services.
Our total liability for any claim relating to a service is limited to the amount you paid us for that specific service. In the rare event that images are lost or damaged due to equipment failure or circumstances beyond our control, our liability is limited to a refund of the amounts paid for the affected session.
You agree to indemnify and hold E & E Media harmless from claims arising from materials you provide to us or from your use of the work we deliver in violation of these Terms or the law.
10General Terms
Written agreements. If you sign a separate contract, proposal, or invoice with us, its terms control where they conflict with these Terms.
Governing law. These Terms are governed by the laws of the State of California. Any dispute will be resolved in the state or federal courts located in California, and we both agree to try to resolve any dispute informally first.
Changes. We may update these Terms from time to time. The effective date at the top of this page shows when they were last changed. Changes do not apply to projects already agreed upon in writing.
Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
Contact. Questions about these Terms? Email ezekielphotography@gmail.com.