Terms of Service

1. Introduction and Acceptance

Welcome to JKM Photography LLC. These Terms of Service constitute a legally binding agreement between you and JKM Photography LLC, a Utah limited liability company with its principal place of business at 4723 E Golden Meadow Xing, Eagle Mountain, UT 84005-5130, United States. By accessing our website at www.jkmphotography.buzz, engaging our photography or digital imaging services, or otherwise interacting with us in a business capacity, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

2. Definitions

Throughout these Terms of Service, the following definitions apply. Company, we, us, or our refers to JKM Photography LLC. Client, you, or your refers to the individual or entity accessing or using our website or services. Services refers to all photography, digital imaging, post-production, asset management, and related offerings provided by JKM Photography LLC. Content refers to all photographs, images, videos, digital files, text, graphics, and other materials created, captured, or delivered as part of our services. Website refers to www.jkmphotography.buzz and all associated subdomains and pages.

3. Eligibility

Our services are available only to individuals who are at least 18 years of age and capable of forming legally binding contracts under applicable law. By using our website or engaging our services, you represent and warrant that you meet these eligibility requirements. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

4. Services and Engagement

4.1 Scope of Work

Each photography or digital imaging engagement is governed by a separate service agreement, statement of work, or project proposal that details the specific deliverables, timeline, pricing, and any special requirements. In the event of a conflict between these general Terms of Service and a signed service agreement, the service agreement shall prevail with respect to that specific engagement.

4.2 Quotes and Pricing

All price quotes provided by JKM Photography LLC are valid for thirty calendar days from the date of issuance unless otherwise stated in writing. Quotes are based on the scope of work described at the time of quotation; any changes to scope, location, timing, or deliverables may result in revised pricing. All prices are quoted in United States Dollars and are exclusive of applicable taxes unless expressly noted.

4.3 Scheduling and Cancellation

Sessions and project start dates are confirmed upon receipt of a signed agreement and any required deposit. Cancellation or rescheduling requests must be received at least five business days before the scheduled date. Cancellations received with fewer than five business days notice may be subject to a cancellation fee equal to the deposit amount or fifty percent of the quoted service fee, whichever is less. We reserve the right to reschedule due to weather, equipment failure, or other circumstances beyond our reasonable control, in which case no cancellation fee will apply.

4.4 Client Cooperation

You agree to provide reasonable access to locations, subjects, and materials necessary for us to perform the services. You further agree to secure any necessary permits, permissions, model releases, or property releases required for the shoot. Delays caused by failure to provide such access or documentation may result in additional charges and timeline adjustments.

5. Intellectual Property

5.1 Ownership of Delivered Content

Upon full payment of all fees associated with a project, JKM Photography LLC grants you a perpetual, worldwide, non-exclusive license to use, reproduce, display, and distribute the final delivered Content for your personal or business purposes as described in the applicable service agreement. Unless otherwise agreed in writing, JKM Photography LLC retains copyright ownership of all raw and unedited image files, and reserves the right to use delivered Content for portfolio display, website galleries, social media, and marketing materials unless you specifically request otherwise in the service agreement.

5.2 Raw and Unedited Files

Raw image files, unedited footage, and work-in-progress materials are the proprietary property of JKM Photography LLC and are not included in standard deliverables. If you wish to obtain raw or unedited files, this must be negotiated and specified in the service agreement, and may involve additional fees.

5.3 Client-Provided Materials

You retain all rights to any materials, logos, branding assets, or reference images you provide to us for use in a project. You grant JKM Photography LLC a limited, non-exclusive license to use such materials solely for the purpose of fulfilling the contracted services.

5.4 Third-Party Intellectual Property

You represent and warrant that any materials, concepts, or instructions you provide do not infringe upon the intellectual property rights, privacy rights, or other legal rights of any third party. You agree to indemnify and hold JKM Photography LLC harmless against any claims arising from your violation of third-party intellectual property rights.

6. Payment Terms

Payment terms are specified in each service agreement. Unless otherwise stated, a non-refundable deposit of fifty percent of the total project fee is required to secure a booking, with the remaining balance due upon delivery of final edited Content. Late payments accrue interest at the rate of 1.5 percent per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend work or withhold delivery of Content if payment is not received according to the agreed schedule. Returned checks and declined payments are subject to a processing fee of $35.00 per occurrence.

7. Website Use

7.1 Permitted Use

Our website is provided for informational purposes and to facilitate engagement of our services. You may browse, view, and interact with the website for lawful purposes only. You agree not to scrape, data-mine, reverse-engineer, or otherwise extract content from the website through automated means without our express written permission.

7.2 Accuracy of Information

We make reasonable efforts to ensure that the information on our website is accurate and current. However, we do not warrant that any descriptions, pricing indications, portfolio samples, or other content on the website is complete, current, or error-free. Service availability and pricing are subject to change without notice. The website is provided on an as-is and as-available basis.

7.3 Third-Party Links

Our website may contain links to external websites or resources that are not owned or controlled by JKM Photography LLC. We are not responsible for the content, privacy practices, or availability of any third-party sites. You access such links at your own risk, and we encourage you to review the terms and policies of any third-party site you visit.

8. Limitation of Liability

To the fullest extent permitted by applicable law, JKM Photography LLC, its owners, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, revenue, data, goodwill, or business opportunity — arising from or related to your use of our website or services, regardless of the legal theory under which such damages are claimed, even if we have been advised of the possibility of such damages.

In no event shall JKM Photography LLC's aggregate liability for any claim arising from or related to a specific service engagement exceed the total fees actually paid by you for that engagement. For claims arising from website use alone, our aggregate liability shall not exceed one hundred United States dollars. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless JKM Photography LLC and its owners, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses — including reasonable legal and professional fees — arising from your use of our website or services, your violation of these Terms of Service, your infringement of any third-party rights, or your breach of any representations or warranties made under these terms.

10. Dispute Resolution

10.1 Governing Law

These Terms of Service and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

10.2 Informal Resolution

We believe that most disputes can be resolved through open, good-faith communication. Before initiating any formal legal action, you agree to contact us at care@jkmphotography.buzz with a detailed description of your concern, and to engage in reasonable efforts to resolve the matter informally for a period of at least thirty days.

10.3 Venue and Jurisdiction

Any legal action or proceeding arising from or related to these Terms of Service shall be brought exclusively in the state or federal courts located in Utah County, Utah. You consent to the personal jurisdiction and venue of these courts and waive any objection based on inconvenient forum.

11. Termination

We reserve the right to terminate or suspend your access to our website and services, in whole or in part, at our sole discretion, without prior notice, for conduct that we believe violates these Terms of Service, is harmful to our business interests, or is otherwise inappropriate. Upon termination, your right to use our website and services ceases immediately. Provisions of these terms that by their nature should survive termination — including intellectual property rights, limitation of liability, indemnification, and dispute resolution — shall continue in full force and effect.

12. Modifications to Terms

We may revise these Terms of Service at any time by posting the updated version on this page. Material changes will be communicated via email to active clients and through a notice on our website. The date of the most recent revision is indicated at the top of this page. Your continued use of our website or services after any modification constitutes acceptance of the updated terms. It is your responsibility to review these terms periodically for changes.

13. General Provisions

Entire Agreement: These Terms of Service, together with any applicable service agreement, constitute the entire agreement between you and JKM Photography LLC regarding the subject matter hereof and supersede all prior agreements, understandings, and representations, whether written or oral.

Severability: If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to achieve the closest economic and legal effect to the original intent, and the remaining provisions shall continue in full force and effect.

No Waiver: Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. A waiver of any breach shall not constitute a waiver of any subsequent breach.

Assignment: You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to a successor in interest in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Force Majeure: JKM Photography LLC shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of nature, pandemic, war, terrorism, civil unrest, government orders, utility failures, internet outages, or equipment failure not caused by our negligence.

Relationship of the Parties: Nothing in these terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and JKM Photography LLC. We provide services as an independent contractor.

14. Contact

Questions, concerns, or notices regarding these Terms of Service should be directed to: