Miskech Photography — Image Use & Refund Policy

Effective Date: January 6, 2023

Last Updated: April 5, 2025

1. Introduction

By booking a session or using any content provided by Miskech Photography, you agree to the terms outlined in this policy. These terms are legally binding and protect both the client and Miskech Photography.

2. Copyright & Ownership

All images and materials produced by Miskech Photography are protected under U.S. and international copyright laws. Full ownership and copyright remain with Colbey Miskech at all times unless otherwise stated in a written licensing agreement. No rights or licenses are transferred without explicit written permission. Unauthorized use of content is strictly prohibited and subject to legal action.

3. Client Use Rights

Clients are granted a limited, non-exclusive, revocable license for personal, non-commercial use of their images. This includes social media sharing (with credit), personal printing, and use as digital wallpapers. Commercial, editorial, or resale use is not permitted without written consent.

4. Prohibited Uses

Clients may not:

  • Sell, license, or redistribute images

  • Alter or modify beyond basic cropping/resizing

  • Use in advertising, merchandise, editorial, or promotional material without approval

  • Upload to AI training platforms, NFTs, or blockchain services

  • Remove watermarks, claim authorship, or imply affiliation with Miskech Photography

Violations will result in legal enforcement and immediate revocation of usage rights.

5. Session Rates, Flexibility & Payment Policy

All pricing, session durations, and image quantities listed are estimates based on standard session structures. Miskech Photography operates on a contract basis, which means custom sessions and arrangements are always possible depending on the scope, needs, and creative direction of the project.

Standard Inclusions:

  • 15–30 fully edited digital images

  • 45–90 minute session time

  • Online delivery of high-resolution digital files

Estimated Pricing Range:

  • Sessions typically range from $225 to $900

  • Average sessions fall between $400–$600

  • Effective image value ranges from $15–$30 per image

Final pricing may vary depending on:

  • Number of final images delivered (which may be higher or lower than listed)

  • Session length, location, and complexity

  • Creative requests or extended edits

Payment Requirements:

A non-refundable 50% deposit is required to secure all bookings. Clients may opt to pay in full at the time of booking. Regardless of full or partial payment, the minimum deposit must be received to confirm the appointment. The remaining balance is due in full before image delivery.

Example:

  • $225 session = $112.50 deposit, $112.50 balance

  • $900 session = $450 deposit, $450 balance

Failure to complete payment will delay image delivery. No final products will be released until the account is settled.

6. Rescheduling, Cancellations & No-Shows

Clients may reschedule once per booking with a $25 fee, based on availability. Deposits are non-refundable. No-shows or cancellations result in automatic forfeiture of the deposit. In rare cases where Miskech Photography must reschedule due to emergencies or unsafe conditions, your deposit will be honored for a rescheduled date.

7. Accepted Payment Methods

Cash, CashApp, PayPal, and checks are accepted. All balances must be paid in full, and checks must clear before image delivery. Returned checks are subject to a $50 fee.

8. Refund Policy

All payments are final and non-refundable. Refunds will not be issued for:

  • Session cancellations or no-shows

  • Dissatisfaction with editing, posing, lighting, weather, or client appearance

  • Creative direction, artistic style, or outcomes not aligning with client expectations

By booking, you acknowledge and accept the artistic discretion and photographic style of Miskech Photography.

9. Image Delivery

Final images will be delivered within 1–3 business days via email in high-resolution, downloadable format. Clients are responsible for downloading and storing their files. Delivery links may expire after a set time.

10. Promotional Use

Unless the client explicitly opts out in writing, Miskech Photography may use selected images for promotional purposes including, but not limited to, the website, social media, portfolios, and printed marketing. Clients may opt out by submitting a written request prior to the session or upon image delivery.

11. RAW File Requests

RAW image files are available by request only and are evaluated on a case-by-case basis. Purchasing RAW files does not transfer copyright or grant full usage rights. Licensing terms must be agreed upon in writing. For inquiries: miskechphotography@gmail.com

12. Copyright Enforcement

Miskech Photography takes unauthorized use seriously. Any use, reproduction, or distribution without written consent will result in legal action. Suspected misuse should be reported to miskechphotography@gmail.com with the subject line: “Image Misuse Report.”

13. Liability Disclaimer

Miskech Photography is not liable for injury, damage, or image loss due to environmental conditions, equipment failure, theft, or circumstances beyond control. In the rare event final images cannot be delivered, liability is limited to a refund of payments made. No further damages or claims will be considered.

14. Policy Updates

This policy may be revised or updated at any time without prior notice. The most recent version will always be available upon request. Clients are responsible for reviewing this policy prior to booking.

By booking a session, you confirm that you have read, understood, and agreed to the terms outlined in this policy.