steffany graham

Photography Terms & Policy

Steffany Graham Photography, a division of Merakairos Media

Agreement to Terms

These Terms & Policy govern all photography services provided by Steffany Graham, operating as a photographer under Merakairos Media (“Photographer,” “we,” “our,” or “us”), and apply to all clients, bookings, sessions, and related deliverables. By inquiring about, booking, or participating in any photography service, the client (“Client,” “you,” or “your”) acknowledges that they have read, understood, and agreed to these Terms & Policy in full. These terms are intended to create clarity, protect both parties, and ensure a professional, respectful, and excellent creative experience from start to finish.

Booking and Date Reservation

All photography services are offered subject to availability and are not considered officially reserved until a signed agreement has been received and the required retainer or booking fee has been paid. Inquiries, tentative date holds, and verbal confirmations do not secure a session date. We reserve the right to decline any booking request at our discretion, including requests that fall outside the creative scope, availability, values, or safety standards of our business. Once a date is reserved, the Photographer commits time, preparation, and resources toward the Client’s project, and the Client agrees to honor the terms of the booking.

Retainer and Payment Terms

A non-refundable retainer is required to secure all sessions, events, and photography services. The retainer amount will be outlined in the proposal, invoice, or contract and is applied toward the total service fee unless otherwise stated. Because the Photographer declines other work and allocates time and preparation to each confirmed booking, retainers are non-refundable under all circumstances except where the Photographer cancels and cannot provide a replacement solution. Full payment terms, including due dates, installment schedules, and any late fees, will be clearly outlined in the Client’s invoice or agreement. Unless otherwise specified in writing, final payment must be received before the session date for portrait sessions and before final gallery delivery for commercial or custom projects.

Late Payments and Nonpayment

If payment is not received by the agreed due date, we reserve the right to pause planning, withhold services, withhold image delivery, cancel the session, or reschedule the booking based on availability. Any late payments may incur a late fee, and any collection-related costs arising from unpaid balances may become the responsibility of the Client. No images, previews, edited galleries, or usage licenses will be released until all outstanding balances have been paid in full. In the event of a chargeback or payment dispute after services have been rendered or digital files have been delivered, the Client agrees that such use of images without full payment constitutes unauthorized use and may result in legal enforcement of the agreement.

Session Timing and Client Readiness

Session times begin and end at the scheduled time, not the arrival time of the Client or participants. The Client is responsible for arriving on time and prepared, including wardrobe, makeup, props, and all persons participating in the shoot. If the Client arrives late, the session may be shortened accordingly to avoid impacting other scheduled work, and the full session fee will still apply. If the Client is significantly late and the remaining time is not sufficient to complete the session, the Photographer may determine, at their discretion, whether to continue, reschedule, or cancel. Repeated lateness, lack of preparedness, or failure to follow agreed logistics may affect the quality and quantity of images delivered, and the Photographer is not liable for such outcomes.

Rescheduling Policy

Rescheduling requests must be made in writing as soon as possible. We understand that emergencies, illness, and unavoidable conflicts happen, and we will make reasonable efforts to accommodate one reschedule request based on availability. Rescheduling is not guaranteed and may be subject to a rescheduling fee, especially if the request is made close to the session date. For portrait and lifestyle sessions, rescheduling due to weather may be accommodated when weather materially impacts safety or image quality, and such determinations may be made jointly by the Photographer and Client, with final discretion resting with the Photographer for outdoor sessions. For event and commercial bookings, reschedules may be more limited due to scheduling, crew coordination, and production planning.

Cancellation Policy

Cancellations by the Client must be submitted in writing. Retainers are non-refundable and non-transferable except where explicitly stated otherwise in writing. If a cancellation occurs after significant planning, production work, creative direction, or prep has already been completed, additional fees may apply for time already rendered. If the Client cancels after full payment has been made, any eligible refund will exclude the non-refundable retainer and any non-recoverable expenses already incurred, including but not limited to studio rental fees, travel bookings, assistants, stylists, props, permits, or third-party production costs. If the Photographer must cancel due to illness, emergency, or circumstances beyond our control, we will make reasonable efforts to reschedule or provide a substitute photographer if appropriate, and if no alternative can be provided, the Client will receive a refund of payments made, including the retainer.

Creative Direction and Artistic Control

The Photographer retains full creative control over the session and the post-production process, including but not limited to lighting decisions, composition, posing direction, location selection, image curation, editing style, and final image selection for delivery. The Client acknowledges that they are booking the Photographer based on the Photographer’s portfolio, style, and artistic approach, and final delivered images will reflect that style and creative judgment. While we welcome collaboration and preferences, we do not guarantee exact replication of Pinterest references, mood boards, poses, edits, or previously created work. The Photographer may decline creative requests that conflict with brand standards, technical feasibility, safety, or artistic integrity.

Image Delivery, Editing, and Turnaround

The number of delivered images and the turnaround time for final edited galleries will vary based on the session type, package selected, and project scope and will be communicated in the booking agreement or proposal. Raw, unedited files are not included and will not be delivered under normal circumstances. The Client understands that culling and editing are part of the Photographer’s creative process and are essential to the final quality of the work. Basic retouching and color correction are included according to the package terms, but extensive retouching, object removal, body modifications, composite edits, or advanced commercial retouching may incur additional fees. Requests for additional edits beyond what is included in the package may be billed separately. Any rush editing requested by the Client may be accepted at the Photographer’s discretion and will be subject to a rush fee.

File Delivery and Archiving

Images are delivered via online gallery, digital download link, or other method designated by the Photographer. The Client is responsible for downloading and backing up all delivered files promptly. We are not responsible for indefinite archive storage of images, and while we may maintain backups for a limited time as a courtesy, we do not guarantee file retrieval after final delivery. It is the Client’s responsibility to store all images in multiple secure locations after delivery. Re-delivery of galleries after the initial delivery period may be subject to an administrative fee if files are still available.

Copyright and Ownership

Unless otherwise agreed in writing, all photographs remain the intellectual property and copyrighted works of the Photographer under applicable copyright law. The Client receives a limited license to use the delivered images according to the terms of the package and agreement. For personal sessions, the Client is generally granted a personal-use license, which allows sharing on personal social media, printing for personal display, and personal archiving, but does not allow resale, commercial use, publication, contest entry, or editing/altering of the images without written permission. For commercial or branding sessions, usage rights will be defined in writing and may include limitations related to media type, territory, duration, campaign use, paid advertising, third-party use, or licensing scope. Any use beyond the granted license, including transfer of images to another brand, publication, or commercial exploitation, requires prior written approval and may require an additional licensing fee.

Image Alteration and Credit

The Client may not apply filters, heavy edits, AI modifications, screenshots, or other alterations to delivered images in a way that misrepresents the Photographer’s work. Cropping for social media formatting is permitted, but any edits that substantially change color, tone, composition, or quality of the images are prohibited without prior written consent. The Client agrees to credit the Photographer, where customary and practical, when sharing images online, especially on Instagram and digital platforms. Commercial brands, collaborators, and publications using the images must also comply with the licensing and credit terms outlined in the agreement.

Portfolio Use and Privacy Requests

The Photographer may use selected images from the session for portfolio, website, social media, marketing, advertising, education, publication submissions, and promotional purposes unless the Client requests confidentiality in writing before the session and such request is agreed to in writing. For personal branding, commercial, or private family sessions where discretion is important, the Client may request a limited-use or no-publication arrangement, which may involve an additional privacy fee depending on the scope of the restriction and the value of lost portfolio rights. If a model release is required for commercial campaigns or third-party publication, it is the Client’s responsibility to ensure all relevant participants sign the necessary releases unless otherwise agreed.

Usage License Definitions and Commercial Licensing

Unless otherwise stated in writing, all photography services provided by Steffany Graham under Merakairos Media include a limited, non-exclusive, non-transferable usage license only, and no ownership rights are transferred to the Client. The Photographer retains full copyright and ownership of all images at all times. The usage license granted to the Client is based on the type of session booked, the package selected, and the intended use disclosed by the Client before the session. Any use not expressly included in the granted license is outside the scope of the package and requires prior written approval and, where applicable, an additional licensing fee.

For branding, content, and business-related sessions, package pricing may include what is referred to as an organic usage license unless otherwise noted in writing. Organic usage licensing means the Client may use the delivered images on the Client’s owned and controlled channels for non-paid brand marketing and brand presence purposes. This generally includes the Client’s website, landing pages, blog posts, email newsletters, organic social media posts, social media profile images or banners, and other unpaid digital content published on the Client’s own platforms. Organic usage is intended for standard day-to-day brand visibility and audience engagement and does not include paid distribution, ad placement, or third-party media rights.

Organic usage licensing does not include paid media or commercial advertising usage of any kind. Paid media and commercial advertising usage includes, but is not limited to, Meta ads, Instagram boosted posts, Facebook ads, YouTube ads, Google ads, display ads, sponsored placements, paid Pinterest campaigns, paid LinkedIn campaigns, retargeting campaigns, affiliate ads, paid advertorial placements, or any other use in which money is spent to distribute, promote, or amplify the images. If the Client intends to use any image in paid media, advertising, or promotion supported by ad spend, that use requires a separate commercial licensing fee unless explicitly included in the proposal or contract.

Commercial licensing also includes usage beyond organic brand content, including but not limited to print advertising, direct mail campaigns, brochures for paid promotion, magazine ads, out-of-home advertising, billboards, trade show signage, product packaging, product labels, point-of-sale displays, e-commerce marketplace listings beyond the Client’s owned channels, press distribution, media kits for third-party distribution, and any use by franchises, partners, sponsors, retailers, agencies, or affiliated brands not named in the original agreement. Commercial licensing may also be required for high-volume campaigns, national campaigns, multi-location use, white-label use, or usage that materially increases the image’s commercial value or reach beyond standard organic brand presence.

Any third-party use is prohibited unless expressly licensed in writing. Third-party use includes use by vendors, partners, sponsors, publications, PR firms, ad agencies, marketing agencies, media buyers, distributors, or any entity other than the original Client listed in the agreement. If the Client wants the images to be shared with or used by third parties, the Client must disclose this in advance so appropriate licensing can be quoted and documented. Unauthorized sharing or transfer of images to third parties is considered unlicensed use and may result in additional licensing fees, invoice adjustments, or legal enforcement.

Licensing fees for commercial use are determined based on the scope of use and may vary depending on the platform, format, distribution method, duration of use, geographic territory, audience size, number of images used, and whether exclusivity is requested. Commercial licensing may be quoted as a flat add-on fee, a per-image fee, a campaign fee, or a term-based license depending on the project. Unless otherwise stated in writing, commercial licenses are limited in scope and duration and do not automatically include unlimited, perpetual, or exclusive rights. If the Client’s use expands after delivery, the Client agrees to contact the Photographer to upgrade the license before using the images in the expanded scope.

The Client is responsible for accurately disclosing intended usage at the time of booking and before image delivery. If the Client initially books a package with organic usage and later decides to use the images for paid advertising, broader campaign deployment, or other commercial uses, the Photographer may issue a separate licensing invoice for the expanded rights before such usage begins. The Client acknowledges that licensing is separate from the creative service fee and that photography session fees compensate for time, talent, production, and editing, while licensing fees compensate for the value and commercial use of the images.

If the Client uses the images outside the granted license, including but not limited to using organically licensed images in paid ads or commercial campaigns without written approval, such use constitutes copyright infringement and unauthorized commercial use. In such cases, the Photographer reserves the right to invoice retroactive licensing fees, require immediate removal of the images from unlicensed use, suspend future work, and pursue remedies available under applicable law. Failure to read or understand the licensing terms does not waive the Client’s responsibility to comply with them.

For personal portrait, family, and non-commercial sessions, the Client is granted a personal-use license only unless otherwise stated in writing. A personal-use license permits personal sharing, printing, and archiving, but it does not permit business promotion, brand use, paid advertising, resale, publication, or any commercial use. If a personal session later becomes part of a business, brand, or promotional campaign, the Client must obtain a commercial or branding license before using the images in that manner.

All licensing terms, whether organic, personal, or commercial, remain subject to all other provisions in this agreement, including copyright ownership, image alteration restrictions, credit requirements where applicable, and prohibited unauthorized transfer or resale. Any custom licensing terms must be documented in writing and signed or approved by both parties to be valid.

Sessions Involving Minors

For sessions involving minors, a parent or legal guardian must book the session, sign all agreements, and remain present for the duration of the session unless otherwise agreed in writing. The parent or guardian is fully responsible for the conduct, safety, and supervision of the minor(s) before, during, and after the session. The Photographer reserves the right to end a session if any environment, behavior, or condition becomes unsafe, inappropriate, or unmanageable. The safety of all participants, crew, and equipment is a non-negotiable priority.

Location Access, Permits, and Client Responsibilities

The Client is responsible for securing permission for any session location not owned or controlled by the Photographer, including permits, access permissions, parking arrangements, or venue approvals, unless the Photographer specifically agrees in writing to handle those logistics. The Client is also responsible for disclosing any site restrictions, lighting limitations, safety hazards, or venue policies before the session. If a location prevents the Photographer from performing the agreed services or causes delays, the Photographer is not responsible for any resulting reduction in coverage or image quality. Any venue fees, permits, parking costs, tolls, travel costs, lodging, and related expenses are the responsibility of the Client unless otherwise stated in writing.

Event Coverage Limitations

For events, the Client understands that photography coverage is documentary in nature and that results may vary depending on lighting conditions, timeline adherence, guest cooperation, venue restrictions, and real-time conditions beyond the Photographer’s control. While the Photographer will make every reasonable effort to capture key moments, no specific image, pose, person, or moment is guaranteed unless explicitly planned and feasible within the event flow. The Client is responsible for providing a clear run-of-show, priority shot list, and key contacts in advance when appropriate. Delays to the event timeline, lack of communication, or interference from guests, vendors, or venue staff may affect the final gallery, and the Photographer is not liable for missed moments caused by such circumstances.

Equipment, Emergencies, and Limitation of Liability

The Photographer will use professional-grade equipment and take reasonable precautions to ensure quality and reliability, including backup equipment where practical. However, in the unlikely event of equipment failure, data corruption, card malfunction, acts of God, serious illness, injury, emergency, or other circumstances beyond our control that prevent or limit performance, liability is limited to the return of amounts paid for the affected services, minus any non-recoverable expenses already incurred, unless otherwise required by law. The Photographer is not liable for indirect, incidental, emotional, reputational, or consequential damages. The Client agrees that the sole remedy for any claim related to the services is limited to the amount actually paid under the agreement.

Indemnification

The Client agrees to indemnify and hold harmless the Photographer and Merakairos Media from any claims, damages, liabilities, costs, and expenses arising out of the Client’s conduct, the conduct of participants or guests, unsafe conditions, lack of permissions, infringement caused by Client-provided materials, or unauthorized use of the delivered images. This includes claims arising from locations chosen by the Client, the use of props or equipment provided by the Client, or injuries to persons under the Client’s supervision. The Photographer likewise agrees to conduct services in a professional manner and with reasonable care.

Communication and Professional Conduct

All communication related to bookings, changes, approvals, delivery, and concerns should be handled promptly and respectfully in writing whenever possible. The Client agrees to provide accurate contact information and to respond in a timely manner to requests that impact planning or delivery. Harassment, abusive behavior, discriminatory conduct, or disrespect toward the Photographer, team members, or collaborators will not be tolerated and may result in immediate termination of services without refund. We are committed to a professional and respectful creative environment for every client and project.

No Guarantee of Business or Marketing Outcomes

By booking services, the Client acknowledges that photography is a collaborative process and that final outcomes depend on many factors including preparation, cooperation, timing, lighting, location, and participant engagement. The Photographer cannot guarantee subjective preferences, social media performance, sales outcomes, or business results from the use of the images. While we aim to create impactful, high-quality work, the Client understands that image performance in marketing, branding, and advertising contexts also depends on factors beyond photography, including messaging, offer strength, ad strategy, audience targeting, and platform conditions.

Updates to Terms and Entire Agreement

These Terms & Policy may be updated from time to time, and the version in effect at the time of booking will govern that booking unless otherwise agreed in writing. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms & Policy, together with the signed agreement, invoice, and any written project addendum, constitute the full understanding between the parties and supersede prior discussions relating to the booked services. Any amendments must be made in writing and agreed to by both parties.

Governing Law and Dispute Resolution

These Terms & Policy shall be governed by and interpreted in accordance with the laws of the State of California, and any disputes arising from or relating to photography services provided by Steffany Graham under Merakairos Media shall be resolved in the appropriate courts located in San Diego County, California, unless otherwise required by law. The parties agree to first make a good-faith effort to resolve any dispute informally before pursuing formal legal action.