Terms & Conditions
Welcome to Kim Esther Photography ("Company," "we," "us," or "our"). By accessing or using this website (the "Site"), booking a session, purchasing products, or engaging our services, you agree to be bound by the following Terms & Conditions ("Terms"). Please read them carefully.
1. Services
Kim Esther Photography provides professional photography services including, but not limited to: portrait photography, family sessions, dance photography, equine and Western editorial photography, branding/headshots, events, and related products (prints, albums, wall art, and digital images).
All services are subject to availability and may be modified or discontinued at our discretion.
2. Booking & Retainers
A non‑refundable retainer is required to secure your session date and time.
The remaining balance is due as stated in your booking agreement or invoice.
Session dates are not guaranteed until the retainer is paid and a contract is signed.
Retainers are applied toward the total session fee and are not transferable.
3. Cancellations & Rescheduling
Clients must provide notice within the timeframe stated in their signed contract to reschedule.
Failure to provide adequate notice may result in forfeiture of the retainer.
In the event of photographer illness, emergency, or weather conditions deemed unsafe, sessions will be rescheduled without penalty.
4. Copyright & Usage
All photographs remain the copyrighted property of Kim Esther Photography under U.S. Copyright Law.
Clients receive a limited personal‑use license for purchased digital images.
Images may not be altered, sold, entered into contests, or used for commercial purposes without written permission.
Commercial usage requires a separate licensing agreement.
5. Model Release
Unless otherwise agreed in writing, the Client grants Kim Esther Photography permission to use images for:
Portfolio
Website
Social media
Marketing and promotional materials
Clients may request a model release opt‑out in writing prior to the session. Opt‑out requests may be subject to an additional fee.
6. Client Responsibility & Conduct
Clients are responsible for their own safety and the safety of minors, animals, and any participants during the session.
Clients working with horses or animals must confirm they are experienced handlers and accept all inherent risks.
Kim Esther Photography is not responsible for injuries, damages, or losses during a session.
7. Liability Limitation
To the fullest extent permitted by law:
Kim Esther Photography shall not be liable for indirect, incidental, or consequential damages.
Liability is limited to the amount paid for the session.
The Client releases and holds harmless Kim Esther Photography from any claims arising from participation in photography services.
8. Image Delivery & Archiving
Image turnaround times are estimates and not guaranteed.
Galleries are delivered electronically.
Kim Esther Photography is not obligated to archive images beyond the stated archive period.
Clients are responsible for downloading and backing up their purchased images.
9. Prints & Products
Color variations may occur due to monitor calibration and print processes.
All print and product sales are final.
Kim Esther Photography is not responsible for damage once products are delivered.
10. Website Use
Content on this Site may not be copied, reproduced, or redistributed without written permission.
Unauthorized use of images or content may result in legal action.
11. Privacy Policy
Use of this Site is also governed by our Privacy Policy, which outlines how personal information is collected, stored, and used.
12. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
13. Changes to Terms
We reserve the right to update these Terms at any time. Continued use of the Site constitutes acceptance of any changes.
14. Contact Information
For questions regarding these Terms & Conditions, please contact:
Kim Esther Photography
Website: https://kimestherphotography.com
Email: kimesther@kimestherphotography.com
Privacy Policy
Kim Esther Photography ("Company," "we," "us," or "our") respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how information is collected, used, and safeguarded when you visit https://kimestherphotography.com (the "Site").
1. Information We Collect
We may collect the following information:
Name, email address, phone number
Billing and transaction details
Session details and preferences
Website usage data (IP address, browser type, pages visited)
Information is collected when you:
Submit a contact form
Book a session or purchase products
Subscribe to emails or newsletters
2. How We Use Your Information
Your information may be used to:
Respond to inquiries
Schedule and deliver photography services
Process payments
Send booking confirmations and updates
Improve website performance and user experience
We do not sell or rent your personal information.
3. Cookies & Tracking
This Site may use cookies or similar technologies to enhance functionality and analyze traffic. You may disable cookies through your browser settings, though some features may not function properly.
4. Third-Party Services
We may use trusted third-party platforms (such as gallery delivery, payment processors, or email services). These providers only access information necessary to perform their services and are required to protect your data.
5. Data Security
Reasonable safeguards are used to protect your personal information; however, no method of transmission over the internet is 100% secure.
6. Your Rights
You may request to:
Access, update, or delete your personal data
Opt out of marketing communications
Requests may be submitted in writing using the contact information below.
7. Policy Updates
This Privacy Policy may be updated periodically. Continued use of the Site constitutes acceptance of any changes.