Terms of
Service

Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and LowKei Photography, operated by Keith, based in the Chattanooga, Tennessee metropolitan area (“LowKei Photography,” “we,” “us,” or “our”). These Terms govern your access to and use of this website (lowkei.com), and your engagement of any photography services offered herein.

By accessing this website, submitting a booking inquiry or request, executing any session agreement, or making any payment toward photographic services, you represent that you are at least eighteen (18) years of age, or if you are a minor, that you have obtained the express written consent of a parent or legal guardian, and that you have the legal capacity and authority to enter into these Terms.

If you do not agree to any provision of these Terms, you must immediately discontinue use of this website and refrain from engaging our services.

Services Described

LowKei Photography offers professional photography services including, but not limited to, portrait photography, automotive photography, landscape photography, wildlife photography, and commercial photography. Specific service offerings, pricing tiers, session durations, and deliverable quantities are described on the Pricing page of this website and are subject to change without prior notice.

All services are subject to availability and are rendered at the sole creative discretion of the photographer. LowKei Photography reserves the right to decline any booking request for any lawful reason.

Nothing in these Terms creates an employment relationship, joint venture, or partnership between you and LowKei Photography. All photography services are provided by an independent professional contractor.

Booking, Confirmation & Payment

Submission of a booking request through this website does not constitute a confirmed engagement. A booking is considered pending until LowKei Photography transmits written confirmation via email or SMS to the contact information provided at time of booking.

Upon confirmation, the Client agrees to:

• Pay any required deposit in full within the timeframe specified in the booking confirmation, which is currently forty-eight (48) hours from the date of confirmation unless otherwise agreed in writing
• Provide accurate and complete contact, billing, and session location information
• Communicate any material changes to the scope, location, or participants of the session in writing no fewer than forty-eight (48) hours prior to the scheduled session date
• Arrive at the designated session location at the agreed-upon time, prepared and ready to commence

Failure to pay the required deposit within the specified period may result in automatic cancellation of the booking and forfeiture of the selected date and time, without further obligation by LowKei Photography.

Deposit Policy

A non-refundable deposit equal to twenty-five percent (25%) of the total session fee is required to hold and confirm a booking. This deposit compensates LowKei Photography for reservation of the scheduled date and time, foregone alternative bookings, and pre-session preparation.

The remaining balance of the session fee is due in full on or before the date of the scheduled session, unless alternative payment arrangements have been agreed upon in writing prior to the session date. Failure to tender the remaining balance may result in forfeiture of the session without refund of the deposit.

All payments are processed through secure third-party payment processors (Stripe and/or Square). LowKei Photography does not store, retain, or have access to full payment card numbers, CVV codes, or banking credentials. By submitting payment information, you agree to the applicable terms of the relevant payment processor.

Cancellation & Rescheduling

Client Cancellation. Should the Client elect to cancel a confirmed booking for any reason, the non-refundable deposit shall be forfeited in its entirety. No portion of any deposit shall be returned under any cancellation circumstance. The remaining balance, if previously collected, shall be refunded within ten (10) business days of written cancellation notice, less any non-refundable deposit amounts.

Rescheduling. Each confirmed booking entitles the Client to one (1) complimentary reschedule, subject to the following conditions:

• Written notice of the reschedule request must be submitted no fewer than twenty-four (24) hours before the originally scheduled session time
• The rescheduled session must be booked within ninety (90) calendar days of the original session date
• The reschedule is subject to photographer availability at the time of the request
• Only one (1) reschedule is permitted per booking; a second reschedule request will be treated as a cancellation, and the deposit will be forfeited
• If the rescheduled session date passes without the Client attending, the booking will be deemed cancelled and the deposit forfeited

Photographer Cancellation. In the rare event that LowKei Photography must cancel a confirmed booking due to photographer illness, emergency, or other circumstances beyond reasonable control, the Client will be notified as promptly as practicable. The Client will be offered a full rescheduling of the session at no additional charge, or, at the Client’s election, a full refund of all amounts paid including the deposit. LowKei Photography shall have no further liability to the Client in such circumstances.

Communications Consent — SMS & Email

By submitting a booking request through this website and providing contact information, you acknowledge and agree to the following communications policy:

Required Communication Channel. In order to effectively manage your booking, deliver confirmations, provide session reminders, and transmit any changes or updates related to your scheduled services, you are required to designate at least one (1) method of communication — either electronic mail (email) or Short Message Service text messaging (SMS) — through which LowKei Photography may contact you. You may not opt out of both channels simultaneously while a booking is active, as at least one channel is necessary for the proper administration of your engagement.

Email Communications. By providing your email address, you consent to receive transactional and booking-related communications including, but not limited to:

• Booking request acknowledgment and status notifications
• Session confirmation and denial notices
• Session reminders (typically sent twenty-four (24) hours prior to your scheduled session)
• Deposit receipt and invoice documentation
• Post-session follow-up communications and gallery delivery notifications
• Rescheduling, cancellation, and modification notices
• Re-engagement communications (infrequent; may be opted out at any time)

SMS/Text Message Communications. SMS messaging is optional. If you opt in by checking the SMS consent box at time of booking, you consent to receive text messages at the mobile number provided, including session reminders, booking updates, and the option to cancel via text reply. You may opt out of SMS communications at any time by replying STOP to any text message, or by contacting us directly at info@lkshot.com. Message and data rates may apply depending on your mobile carrier plan.

Marketing Communications. Transactional communications related to your active booking are distinct from marketing communications. You may, at any time, request removal from non-transactional communications without affecting your ability to receive booking-related messages. To do so, contact us at info@lkshot.com or use the unsubscribe mechanism included in any marketing email.

Intellectual Property & Image Rights

All photographs, digital images, edited files, and derivative works created by LowKei Photography in the course of any session remain the sole intellectual property of LowKei Photography and are protected under applicable United States copyright law, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), as amended.

Upon receipt of full payment including all session fees and any outstanding balances, the Client is granted a non-exclusive, non-transferable, personal-use license to the delivered digital images for personal, non-commercial purposes including printing, personal social media use, and sharing with family and friends.

The following uses require a separate written commercial license agreement and additional compensation, negotiated in advance:

• Advertising, marketing, or commercial promotion of any product, service, or brand
• Editorial publication in magazines, newspapers, websites, or other media
• Sale, resale, sublicensing, or other commercial exploitation of the images
• Use in connection with any political campaign or advocacy
• Any use that implies endorsement of a third party by LowKei Photography

LowKei Photography retains the right, unless expressly waived in writing, to display session photographs in its portfolio, on its website, and on social media platforms for promotional purposes, subject to any model release restrictions agreed upon at the time of booking.

Client Responsibilities

The Client represents and warrants that all persons appearing in session photographs have provided their informed consent to be photographed and to have their likeness used in accordance with these Terms and any applicable model release. For minor subjects, the written consent of a parent or legal guardian is required and must be provided prior to the commencement of the session.

The Client assumes full responsibility for the safety and appropriateness of any session location selected by or at the direction of the Client, including obtaining any necessary permits, permissions, or authorizations required for photography at such location.

The Client agrees to treat LowKei Photography personnel and equipment with reasonable care and respect. Any damage to equipment caused by Client negligence or intentional misconduct shall be the Client’s financial responsibility.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOWKEI PHOTOGRAPHY SHALL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF LOWKEI PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In the event of equipment failure, data loss, memory card corruption, technical malfunction, or other circumstances beyond the photographer’s reasonable control resulting in the partial or complete loss of session photographs, LowKei Photography’s maximum liability shall be limited to a refund of fees paid for the affected portion of services, not to exceed the total amount paid by the Client for the session in question. Under no circumstances shall LowKei Photography be liable for the cost of reshooting a session, loss of opportunity, or any other consequential damages arising from such technical failures.

The Client acknowledges the inherently unpredictable nature of outdoor and wildlife photography, and agrees that LowKei Photography makes no guarantee as to specific outcomes, subject cooperation, weather conditions, or the presence of specific wildlife.

Indemnification

The Client agrees to defend, indemnify, and hold harmless LowKei Photography, its owner, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Client’s use of session photographs in violation of these Terms; (b) the Client’s breach of any representation, warranty, or obligation under these Terms; (c) the Client’s negligent or intentional acts or omissions in connection with any session; or (d) any third-party claim arising from the Client’s use or distribution of delivered images.

Dispute Resolution

The parties agree to attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the services provided through informal negotiation prior to initiating any formal legal proceeding. Either party may initiate such negotiation by delivering written notice to the other party describing the nature of the dispute and the resolution sought.

If the dispute is not resolved through informal negotiation within thirty (30) calendar days of delivery of such notice, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or through a court of competent jurisdiction as provided herein. The arbitration shall be conducted in Hamilton County, Tennessee, or by telephone or video conference at the election of either party.

Notwithstanding the foregoing, either party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or enjoin the actual or threatened infringement of intellectual property rights.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration under Section 11 shall be brought exclusively in the state or federal courts of competent jurisdiction located in Hamilton County, Tennessee, and each party hereby consents to personal jurisdiction and venue in such courts.

Modifications to Terms

LowKei Photography reserves the right to revise, amend, or replace these Terms at any time in its sole discretion. Material changes will be communicated by updating the “Last Revised” date at the top of this document and, where practicable, by direct notification to active clients via email. Your continued use of this website or engagement of services following the effective date of any modification constitutes your acceptance of the modified Terms.

It is your responsibility to review these Terms periodically. The version of the Terms in effect at the time of your most recent booking confirmation shall govern that particular engagement.

Contact Information

All notices, requests, or inquiries under these Terms shall be directed to: