Terms of Service
Effective Date: August 8, 2026
These Terms of Service govern your use of the Hersey Photography website, photography services, galleries, photographs, prints, digital products, school-photo ordering services, and related offerings.
Hersey Photography is a creative brand operated by Hersey Creative Studios, LLC, based in Truth or Consequences, New Mexico. In these Terms, “Hersey Photography,” “we,” “us,” and “our” refer to Hersey Photography and Hersey Creative Studios, LLC.
By using this website, submitting an order, booking a service, purchasing a product, or accepting a photography agreement, you agree to the portions of these Terms that apply to you. If you do not agree, please do not complete the applicable transaction.
Photography Services and Booking
Submitting an inquiry or requesting a date does not guarantee availability or create a confirmed booking.
A photography session or event is confirmed only after Hersey Photography has provided written confirmation and any required agreement, deposit, retainer, or payment has been completed.
Service details may be provided through a booking page, proposal, invoice, email, or separate photography agreement. That information may include:
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The date, time, and location of the service.
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The photography coverage being provided.
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Pricing and payment requirements.
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Cancellation or rescheduling conditions.
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Expected editing and delivery time.
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The number or type of photographs being delivered.
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Any additional permissions or restrictions.
If a signed photography agreement, proposal, invoice, or order-specific policy conflicts with these general Terms, the more specific agreement or policy will control for that transaction.
Pricing and Payment
Current prices are displayed on the applicable website, booking page, gallery, invoice, order form, or checkout page. Prices and availability may change before a booking or order is confirmed.
Payment may be processed through Square, Pixieset Payments, Stripe, PayPal, Cash App, Venmo, or another provider identified during the transaction. In-studio payment options may also include cash, credit or debit card, or a check payable as instructed.
Customers are responsible for providing accurate payment, billing, and contact information. Hersey Photography does not directly receive or store complete credit- or debit-card numbers entered through an independent payment provider.
Applicable deposits, retainers, payment deadlines, cancellation terms, and rescheduling terms will be disclosed through the relevant booking page, invoice, proposal, or photography agreement.
Cancellations and Rescheduling
Cancellation, rescheduling, late-arrival, and no-show policies may differ depending on the type of photography service. The policy provided with the applicable booking, proposal, invoice, or agreement will apply.
Please contact Hersey Photography as soon as possible if you need to cancel or reschedule. A requested change is not approved until it has been confirmed by Hersey Photography.
Weather, illness, emergencies, venue restrictions, safety concerns, or circumstances beyond either party’s reasonable control may require a change in date, location, coverage, or delivery schedule. We will communicate with the affected customer and make reasonable efforts to arrange an appropriate solution.
Creative Style and Image Selection
By booking Hersey Photography, you acknowledge that you have reviewed Andrew Hersey’s portfolio and understand his photographic and editing style.
Photography is a creative service. While we welcome reasonable preferences and requests, we cannot guarantee an exact pose, expression, background, weather condition, composition, number of images, or recreation of another photographer’s work.
Hersey Photography retains creative discretion regarding camera settings, lighting, composition, image selection, editing, color treatment, cropping, and the photographs included in the final gallery.
Unedited files, rejected images, duplicate images, test photographs, and RAW files are not ordinarily delivered unless a separate written agreement states otherwise.
Client Responsibilities
Clients are responsible for:
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Providing accurate booking and contact information.
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Arriving at the agreed location at the scheduled time.
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Informing Hersey Photography of relevant venue rules or restrictions.
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Obtaining any permissions required to enter or photograph at a location.
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Making sure participants understand the nature of the scheduled photography.
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Supervising children and minors in their care.
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Communicating accessibility needs, safety concerns, or important restrictions before the session whenever reasonably possible.
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Protecting gallery passwords, download codes, and private links.
Hersey Photography may stop or decline a service when conditions are unsafe, unlawful, threatening, or seriously disruptive.
Delivery and Client Galleries
Estimated editing and delivery times may be provided with the booking or order. Unless expressly guaranteed in writing, delivery dates are reasonable estimates and may be affected by workload, illness, emergencies, technical problems, printing delays, vendor delays, or circumstances beyond our control.
Client galleries may be delivered through Pixieset or another service. Clients are responsible for protecting gallery links, passwords, download codes, and other access information.
Clients should download and safely back up purchased or delivered digital files before the gallery expiration date. Continued gallery hosting or permanent online storage is not guaranteed unless expressly stated in writing.
School Photography
School-photo orders must be submitted by a parent, legal guardian, school representative, or another authorized adult.
Online school-photo orders require completion of both the student information form and the applicable payment or product-selection process. An order is not confirmed until all required information and payment have been received. The names and identifying information provided through each step should match.
Customers are responsible for checking student names, schools, grades, teachers, package selections, and contact information before submitting an order.
Student photographs and information are handled according to our Privacy Policy. Hersey Photography does not use student photographs for its website, portfolio, advertising, social media, competitions, or other promotional purposes.
Questions or concerns about a school-photo order should be reported promptly so we can review the order and explain any available correction, replacement, or other resolution.
Prints and Physical Products
Print dimensions, paper, finish, framing, cropping, and other product details will be shown on the applicable order page, gallery, invoice, or checkout screen.
Printed colors may appear somewhat different from colors displayed on a telephone, tablet, or computer because screens and printing processes vary. Some print dimensions may also require minor cropping.
Returns, replacements, refunds, fulfillment, and delivery are governed by the policy presented with the applicable order or third-party checkout service, along with any rights that cannot legally be waived.
If an order arrives damaged, defective, or different from what was ordered, contact Hersey Photography promptly and retain the item, packaging, and photographs of the problem while the matter is reviewed.
Digital Products and Print Releases
Digital photographs are licensed, not sold as copyright ownership.
A digital purchase may include a personal-use license or print release when specifically stated. A print release permits the customer to make prints for personal use; it does not transfer copyright ownership or authorize commercial use.
Because digital files cannot ordinarily be returned after access or download, digital purchases are generally nonreturnable once delivered, except where required by law or when a verified technical or delivery error has occurred.
Copyright and Permitted Use
Unless a signed written agreement expressly states otherwise, Hersey Photography or the applicable photographer retains the copyright to photographs created by Hersey Photography.
Purchasing photography services, prints, or digital files does not transfer copyright ownership.
Clients who receive personal-use rights may generally:
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Display purchased prints in their homes or other personal spaces.
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Print authorized digital files for personal use.
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Share photographs with family and friends.
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Post authorized photographs on personal social-media accounts.
Unless written permission or a separate license has been granted, photographs may not be:
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Sold, sublicensed, or submitted to a stock-image service.
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Used to advertise or promote a business, organization, product, or paid event.
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Used on merchandise, packaging, or products offered for sale.
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Entered into competitions or publications in a misleading manner.
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Presented as the work of another photographer.
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Altered substantially, filtered, or edited in a way that misrepresents the original work.
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Used after removing a required watermark or copyright notice.
Commercial or promotional use requires prior written permission and may require a commercial-use license. Please review our Commercial Use Policy for additional information.
Portfolio and Promotional Use
Hersey Photography will use client photographs for portfolio, website, social-media, advertising, competition, publication, or other promotional purposes only when permitted by the applicable photography agreement, model release, or other written authorization.
School photographs and student images are not used for these purposes.
Website Content
The text, photographs, logos, graphics, branding, page designs, and other original content on this website are owned by or licensed to Hersey Photography or Hersey Creative Studios, LLC.
You may view and use the website for personal, lawful purposes. You may not copy, download, reproduce, scrape, republish, sell, modify, or commercially exploit website content without permission.
You may not interfere with the website, attempt unauthorized access, introduce harmful technology, impersonate another person, submit fraudulent information, or use the website in violation of applicable law.
Third-Party Services and Links
Our website may link to or use third-party services, including Wix, Pixieset, Square, payment providers, booking platforms, printing providers, email services, and social-media websites.
Those services may have their own terms, privacy policies, return policies, and accessibility practices. Hersey Photography is not responsible for independent third-party websites or services, but we will make a reasonable effort to assist customers who encounter a problem connected with one of our transactions.
Privacy
Our collection and use of personal information are described in the Hersey Photography Privacy Policy.
Please review the Privacy Policy before submitting personal information, completing a school-photo form, booking a service, or placing an order.
Accessibility
Hersey Photography is committed to improving access to its website and services. If you experience difficulty accessing information, completing a form, viewing a gallery, or placing an order, please contact us so we can discuss an available alternative.
Additional information is available in our Accessibility Statement.
Disclaimer
We make reasonable efforts to keep website information accurate and current. However, website content may occasionally contain typographical errors, outdated information, interrupted links, or temporary technical problems.
Except for promises expressly included in a written agreement and rights that cannot legally be excluded, the website is provided on an “as available” basis.
Limitation of Liability
To the extent permitted by law, Hersey Photography and Hersey Creative Studios, LLC will not be responsible for indirect, incidental, special, or consequential losses arising solely from the use or temporary unavailability of this website or a third-party service.
Nothing in these Terms excludes or limits a responsibility or consumer right that cannot legally be excluded or limited.
Changes to These Terms
We may update these Terms when our website, services, providers, or business practices change. The revised Terms will be posted on this page with a new effective date.
Changes will apply prospectively and will not replace the terms of an existing signed agreement unless the parties agree otherwise or applicable law requires the change.
Governing Law
These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law principles, except where another law must apply.
Before beginning a formal dispute, we encourage you to contact us and allow a reasonable opportunity to resolve the concern directly.
Severability
If any part of these Terms is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
Contact Us
Questions about these Terms may be directed to:
Hersey Photography
A creative brand of Hersey Creative Studios, LLC
Truth or Consequences, New Mexico