Terms of Sale
1. Scope of Agreement These Terms of Sale apply to all digital image files, prints, and products purchased from Ashleigh Jay Photography. By completing a purchase, downloading files, or accepting delivered gallery items, you "The Client" agree to be bound by these terms.
2. Delivery & Acceptance
Digital files are delivered via an online gallery download link or agreed-upon digital method.
Color, brightness, and contrast may vary slightly depending on monitor calibration. Photographer is not responsible for display variations on non-calibrated client screens.
Client must inspect all delivered assets within 14 days of delivery. Any missing files or damaged physical goods must be reported in writing within this period for correction or replacement.
3. License & Intellectual Property Rights
Ownership: Photographer retains full copyright to all images. Sale of digital files or prints transfers physical/digital possession only, not copyright ownership.
Personal Use License: Digital purchases include a non-exclusive, non-transferable license for personal, non-commercial use (e.g., personal social media, personal printing, archiving).
Commercial Use: Images may not be sold, resold, licensed to third parties, submitted to contests, or used for commercial advertising/marketing without a separate written Commercial Licensing Agreement.
Editing & Alterations: Client agrees not to alter, crop heavily, filter, or re-edit images in a manner that significantly alters the Photographer’s artistic style or integrity.
4. Returns, Refunds & Cancellations
Digital Products: Due to the downloadable nature of high-resolution digital media, all digital sales are final and non-refundable once the files have been made available for download.
Physical Prints/Products: Custom prints and photo products are final sale. Replacements will be issued only if items arrive damaged, defective, or misprinted due to lab errors, provided written notice and photo evidence are submitted within 14 days of delivery.
5. Archiving & Storage
Client is solely responsible for backing up purchased digital files upon receipt.
Photographer keeps event galleries online for standard storage periods (typically 30 to 90 days) but is under no obligation to archive or store digital files indefinitely.
6. Limitation of Liability Photographer’s maximum liability for any claims, losses, or damages arising out of the performance or delivery of image sales shall strictly not exceed the total amount paid by Client for the specific order in question.
Digital Image License Agreement
This Digital Image License Agreement ("Agreement") is entered into by and between [Your Business/Name] ("Licensor") and the recipient of the digital image files ("Licensee").
1. Grant of License Subject to the terms of this Agreement and full payment of applicable fees, Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable license to use the delivered digital image files strictly as specified in Section 2.
2. Permitted Uses
Personal Use (Standard): Licensee may display, print, store, and share the images for personal, non-commercial purposes (e.g., personal social media accounts, personal website/portfolio, family photo albums, personal home display).
Commercial Use (If Granted in Writing): If a commercial license fee was purchased, Licensee may use the images for marketing, promotional material, or corporate web placement strictly within the agreed project scope.
3. Restrictions & Prohibitions Unless explicitly authorized in a separate written addendum signed by Licensor, Licensee shall not:
Resell, sub-license, redistribute, transfer, or assign the images to any third party.
Claim authorship or ownership of the images.
Use the images in a libelous, defamatory, illegal, or obscene manner.
Use the images to train machine learning models or artificial intelligence (AI) systems.
Use the images in trademarked logos, trade dress, or branding marks.
Apply heavy filters, alteration, or editing that significantly distorts the original professional work without permission.
4. Copyright & Ownership Licensor retains all right, title, and interest—including all full global copyrights—in and to the images. No title to or ownership of the intellectual property is transferred under this Agreement.
5. Credit & Attribution For editorial, social media, or public display, credit is appreciated where practical (e.g., "Photo by Ashleigh Jay Photography" or on Instagram "Photo by ashleighjay.adventures").
6. Limitation of Liability & Warranty
Images are provided "as is." Licensor makes no warranties, express or implied, beyond technical file integrity upon initial delivery.
Licensee assumes full responsibility for backing up and storing purchased files upon receipt.
Licensor’s total liability for any claim arising out of this Agreement shall not exceed the amount paid by Licensee for the image license.