Terms of Use
Effective Date: March 11, 2026
Last Updated: March 11, 2026
Welcome to Little Fish Photo (“we,” “us,” or “our”), a professional portrait photography studio. These Terms of Use (“Terms”) govern your access to and use of our website located at www.littlefishphoto.com (the “Site”) and any services offered through it.
By accessing or using our Site, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction), that you have read and understood these Terms, and that you agree to be bound by them. If you do not agree, please discontinue use of this Site immediately.
1. Use of This Website
a. Permitted Use
You may access and browse this Site for personal, non-commercial purposes, including viewing our portfolio, learning about our services, and initiating contact or booking inquiries. You agree to use the Site only in a manner consistent with all applicable laws and regulations.
b. Prohibited Use
You agree that you will not:
- Copy, reproduce, scrape, or harvest any content, images, or data from this Site without our express written permission
- Use any automated tools, bots, or scrapers to access or index content on this Site
- Attempt to gain unauthorized access to any portion of the Site or its underlying systems
- Use the Site to transmit spam, malware, or any harmful or unlawful content
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Use our Site or its content to compete with our business or for commercial solicitation without prior written consent
2. Photography Services & Commissioned Work
a. Nature of Services
We offer commissioned portrait photography sessions, including but not limited to individual, family, headshot, and event portraits. All service engagements are subject to a separate client agreement (“Client Agreement”), which will be provided through our client management system (Dubsado) prior to your session.
These Terms govern your use of this Site. The Client Agreement governs the specific terms of your photography session, deliverables, and payment schedule. In the event of a conflict between these Terms and your Client Agreement, the Client Agreement shall control with respect to services rendered.
b. Booking & Payment
Booking requests submitted through this Site are not confirmed until you receive written confirmation from us and have executed a Client Agreement. A non-refundable retainer fee is required to secure your session date. Payment terms, cancellation policies, and rescheduling conditions are set forth in the Client Agreement.
All payments are processed securely through our client management platform. We do not store your payment card information on our servers.
c. Model Release
Prior to any photography session, all clients and/or subjects must sign a Model Release Agreement. This release grants us the right to use, reproduce, publish, and display the resulting photographs for purposes including but not limited to portfolio display, website use, social media, marketing materials, and professional submissions, unless otherwise negotiated and restricted in writing.
If a session involves a minor, a parent or legal guardian must sign the Model Release on the minor’s behalf. By proceeding with a session, you represent and warrant that you have full authority to consent to the terms of the Model Release for all subjects being photographed.
The specific scope of any usage rights granted — and any restrictions you wish to negotiate — must be discussed and documented in your Model Release before your session date. Verbal restrictions or post-session requests to limit usage rights may not be honored unless confirmed in a written amendment signed by both parties.
d. Delivery of Images
Timelines for image delivery, the number of edited photographs included, file format, and resolution are specified in your Client Agreement. We retain the right to exercise full artistic discretion in selecting and editing images for delivery. Raw or unedited files are not included in any standard package and are not available for purchase unless explicitly stated otherwise.
3. Intellectual Property
a. Ownership of Website Content
All content on this Site — including but not limited to photographs, graphics, logos, design elements, page layouts, written copy, blog posts, and other creative works — is the exclusive intellectual property of Little Fish Photo and is protected under United States copyright law (17 U.S.C. § 101 et seq.) and applicable international copyright treaties.
You may not copy, reproduce, distribute, publish, display, modify, create derivative works from, or otherwise use any content from this Site without our prior express written consent. Unauthorized use of our content is a violation of copyright law and may result in civil and/or criminal liability.
b. Ownership of Photographs
All photographs created by Little Fish Photo remain the intellectual property and copyrighted work of the photographer, regardless of who commissioned them. Purchasing a photography package grants you a personal, non-exclusive, non-transferable license to use the delivered images as specified in your Client Agreement.
Unless explicitly stated in writing in your Client Agreement, the following uses are not permitted without prior written authorization:
- Commercial use, including advertising, product promotion, or resale
- Publication in print or digital media for profit
- Transfer or licensing of images to third parties
- Cropping, filtering, or altering delivered images in ways that misrepresent the original work
- Removing or obscuring any copyright or watermark information
c. Portfolio & Promotional Use
By signing a Model Release, you acknowledge and agree that we reserve the right to use photographs from your session in our portfolio (online and in print), on our website, on social media platforms, and in other promotional materials. If you wish to restrict this use, you must negotiate such restrictions in writing before your session and have them incorporated into your signed Model Release.
d. Trademarks
The name Little Fihs Photo, our logo, and any other business identifiers displayed on this Site are our trademarks or trade names. Nothing on this Site grants any license or right to use these marks without our express written permission.
e. Reporting Copyright Infringement
If you believe that content on this Site infringes your copyright, please contact us at erika@littlefishphot.com with a description of the alleged infringement, the location of the content on our Site, and your contact information. We take intellectual property rights seriously and will investigate all good-faith claims promptly.
4. User-Submitted Content
If you submit content to us through our Site — such as testimonials, reviews, or contact form submissions — you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with our business. You represent that you own or have the right to submit such content and that it does not infringe the rights of any third party.
We reserve the right to remove or decline to publish any user-submitted content at our sole discretion.
5. Third-Party Links & Services
This Site may contain links to third-party websites or services. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party site. Your use of third-party sites is at your own risk and subject to their respective terms.
6. Disclaimers
a. No Warranty
This Site and all content on it are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
b. Accuracy of Information
While we strive to keep all information on this Site accurate and current, we make no representations or warranties regarding the completeness, accuracy, or reliability of any content. Pricing, availability, and service details are subject to change without notice.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Little Fish Photo and its owner(s), employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of this Site or our services, even if advised of the possibility of such damages.
8. Indemnification
You agree to indemnify, defend, and hold harmless Little Fish Photo and its owner(s), employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of this Site; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to this Site.
9. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Kitsap County, Washington.
Before initiating any legal action, you agree to contact us in good faith to attempt to resolve any dispute informally. We will make reasonable efforts to do the same.
10. Modifications to These Terms
We reserve the right to update or modify these Terms at any time. When we do, we will revise the “Last Updated” date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
11. Termination
We reserve the right to suspend or terminate your access to this Site at any time, for any reason, without notice. Provisions of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitation of liability, and indemnification — shall remain in effect after termination.
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
13. Entire Agreement
These Terms, together with our Privacy Policy and any executed Client Agreement, constitute the entire agreement between you and Little Fish Photo with respect to your use of this Site and supersede all prior or contemporaneous understandings, representations, or agreements.
14. Contact Information
If you have questions about these Terms of Use, please contact us:
Little Fish Photo
Email: erika@littlefishphoto.com
Website: www.littlefishphoto.com
