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Terms & Conditions

 

By booking our services, accessing our website, or purchasing any packages, you ("Client") agree to comply with and be bound by the following Terms & Conditions. Please read them carefully before booking.

1. Booking, Retainers, and Payment

  • Retainer to Secure Date: All session dates and times are heavily guarded and reserved exclusively for the Client upon receipt of a booked session. To secure your date, a non-refundable retainer fee (specified at the time of booking) is required.

  • Non-Refundable Policy: The retainer is strictly non-refundable under any circumstances, including weather conditions, illness, changes in plans, or cancellation by the Client. This fee liquidates damages incurred by us due to the loss of other potential clients who could have booked that date.

  • Final Balances: The remaining balance for photography services is due on or before the date of the shoot (or as otherwise specified in your individualized client agreement/invoice). Failure to pay the balance may result in the cancellation of the session and forfeiture of the retainer. For wedding day coverage final payments should be made 2 weeks prior to the event. 

2. Rescheduling and Cancellation

  • Client Cancellation: If the Client cancels the shoot at any time, the retainer is forfeited. 

  • Photographer Cancellation: In the unlikely event that your photographer cannot perform the services due to an unforeseen emergency, illness, injury, or act of God, we will make every effort to find a suitable replacement photographer. If no replacement can be found, all money paid (including the retainer) will be fully refunded, which shall be the limit of our liability.

3. Digital Files, Editing, and Delivery

  • Creative Control: All images are edited at our discretion. The delivery of final galleries reflects our professional artistic style and brand. We do not provide unedited, raw, or out-of-camera files, as they do not represent our finished work. 

  • Turnaround Times: Estimated delivery times for galleries or prints will be provided at booking or via your contract. 

  • Storage and Archiving: Once final digital files are delivered to the Client, the Client is responsible for downloading and backing up their files. We are not obligated to retain image archives post-delivery.

4. Copyright and Intellectual Property

  • Ownership: J Luzan (TropicPic Production LLC) retains all copyrights to all images produced, in accordance with U.S. Federal Copyright Law.

  • Client Use: Clients receive a personal print release allowing them to print, share, and display images for personal use. Images may not be altered, cropped, filtered, or submitted to contests or commercial entities without our explicit written permission via separate licensing agreement.

  • Commercial Use: If the images are intended for business or commercial use, a separate commercial licensing agreement and fee are required.

5. Prohibition of Artificial Intelligence (AI) Alteration and Unauthorized Modifications:

All photographs, images, digital files, and content provided on this website or delivered as part of any photography service are the exclusive copyrighted property of J Luzan Photography ( TropicPic Production LLC, Ievgenii Luzan & Olga Luzan).

  1. No AI Modification: Clients, website visitors, and third parties are strictly prohibited from using artificial intelligence, machine learning tools, generative AI software, or digital filters to alter, enhance, edit, manipulate,remove watermarks or create derivative works from any of the photographs or digital files owned by J Luzan Photography (TropicPic Production LLC, Ievgenii Luzan & Olga Luzan). This includes, but is not limited to, uploading any image files to AI platforms for outpainting, inpainting, style transfer, facial generation, or automated touch-ups.

  2. Protection Against AI Training: You may not use, or permit any third party to use, any photographs, previews, or final digital files from this website or your deliverables to train, fine-tune, or feed any artificial intelligence or machine learning models.

  3. Derivative Works: Any unauthorized alteration, editing, or manipulation of the images—whether via AI or traditional means—constitutes a direct violation of U.S. Copyright Law (17 U.S.C. § 101 et seq.) and a breach of these Terms & Conditions.

6. Limitation of Liability

  • We take the utmost care with respect to the exposure, storage, and processing of your photographs. However, in the unlikely event that photographs are lost, stolen, or damaged through equipment malfunction, transit, or other causes beyond our control, our liability is strictly limited to the return of all payments received for the affected session. We are not liable for any consequential damages, emotional distress, or lost opportunities.

7. PRESETS/PROFILES. We offer our color profiles for sale. Due to the digital nature of this product, all sales are final. No refunds are offered.

Once presets are purchased they cannot be returned, nor deactivated, there-fore we cannot offer refunds. 

8. Governing Law

  • These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. 

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