Terms of service

Miller-Whyte Photography and Marketing, LLC
Master Service Agreement | Terms of Service

Fulton County, Georgia, USA

1. Services Provided

Miller-Whyte Photography and Marketing (“Company”) provides professional and creative media, and consulting services to individuals, businesses, nonprofit organizations, and campaigns. Services may include, but are not limited to:

Creative Media Services

  • Photography (portrait, event, nonprofit, advocacy, commercial, and branding)

  • Videography (promotional, documentary, event, campaign, and short-form content)

  • Filmography and cinematic production for campaigns, organizations, and initiatives

  • Editing, post-production, motion graphics, and digital delivery

  • Content retainers and multi-deliverable media packages

Nonprofit, Advocacy & Campaign Services

  • Campaign media production (photography, video, and digital content)

  • Nonprofit and advocacy branding support

  • Public-facing messaging visuals

  • Event and community engagement coverage

  • Candidate, leadership, or organizational presence development

Marketing, Branding & Strategy

  • Marketing and branding consulting

  • Personal branding and professional presence

  • Campaign messaging alignment

  • Content strategy and visual brand direction

  • Campaign management support (creative and media-focused)

Consulting & Advisory

  • One-on-one or group consulting

  • Strategic planning and advisory services

  • Brand audits and recommendations

All services are customized professional services. Scope, timelines, deliverables, pricing, and usage rights are defined at booking via checkout, invoice, proposal, or written communication.

Once services are booked, commenced, or delivered, they are non-refundable.

2. Booking, Deposits & Payment

  • A deposit or retainer may be required to secure services.

  • All deposits/retainers are non-refundable.

  • Remaining balances must be paid according to the terms stated at booking.

Under O.C.G.A. § 13-3-1, this Agreement becomes binding upon payment and acceptance.

2A. Shipping & Delivery of Products and Services

Physical Products (If Applicable):

If physical items are included, shipping timelines are estimates. Risk of loss transfers to the Client upon carrier acceptance. The Company is not responsible for carrier delays, loss, or damage.

Address Accuracy & Responsibility:

Clients are responsible for providing accurate delivery information. Re-shipping costs due to client error are the Client’s responsibility.

Service Completion:

Services are considered delivered upon completion of the scheduled session, consulting meeting, campaign deliverable, or provision of digital access. Failure by the Client to download or respond does not invalidate delivery.

No Refunds for Delivery Delays Beyond Control:

Delays caused by weather, force majeure events, third-party platforms, carriers, or client unresponsiveness do not constitute grounds for refunds or chargebacks.

Proof of Delivery:

Delivery may be evidenced by timestamps, email records, file-transfer logs, carrier confirmations, or written communications and shall constitute prima facie evidence under Georgia law.

 

3. Cancellations, Rescheduling & No-Shows

Client-Initiated Cancellations

  • Cancellations made 3 days or more before the scheduled service may qualify for:

    • One (1) reschedule or

    • A non-transferable studio credit valid for [6 months]

  • Cancellations made less than 3 days before the scheduled service are not eligible for refunds, credits, or rescheduling.

No-Shows

Failure to appear without written notice constitutes a no-show, and all payments are forfeited.

 

 

4. Weather-Specific Clause (Outdoor Shoots)

For sessions scheduled outdoors:

  • Weather determinations (rain, extreme heat/cold, storms, unsafe conditions) are made at the Photographer’s discretion

  • Photographer is not responsible for weather conditions beyond control

Weather Options:

If weather conditions are deemed unsafe or impractical:

  • Session may be rescheduled at no additional cost

  • OR a studio credit may be issued

Weather dissatisfaction alone does not constitute grounds for a refund.

 

 

5. Force Majeure (Acts Beyond Control)

Photographer shall not be liable for failure or delay caused by events beyond reasonable control, including but not limited to:

  • Severe weather or natural disasters

  • Government orders or venue closures

  • Illness or medical emergencies

  • Transportation or power failures

  • Acts of God or civil emergencies

In such cases, Photographer may reschedule services or issue a studio credit. Refunds are not guaranteed unless services cannot be performed at all.

6. Work-For-Hire & Intellectual Property (Video & Film)

Work-For-Hire Designation

For videography, filmography, and campaign media projects, services may be designated as “work made for hire” under U.S. Copyright Law (17 U.S.C. § 101) only if expressly stated in writing on the invoice, proposal, or agreement.

If designated as work-for-hire:

  • Client becomes the copyright owner upon full payment

  • Company retains the right to display work for portfolio, promotional, and self-marketing purposes unless explicitly restricted in writing

Non-Work-For-Hire Projects

If work-for-hire is not explicitly stated, then:

  • Miller-Whyte Photography and Marketing retains copyright

  • Client receives a limited license per the selected usage tier (see Section 6A)

No rights transfer until full payment is received.

 

 

6A. Usage Rights Tiers (Marketing, Nonprofit & Campaign Content)

Unless otherwise stated in writing, usage rights are granted under one of the following tiers:

Tier 1 – Personal / Internal Use

  • Personal branding

  • Internal nonprofit or organizational use

  • Websites, internal presentations, and social media

  • No paid advertising or resale

Tier 2 – Marketing & Campaign Use

  • Websites, social media, email marketing

  • Fundraising, advocacy, or awareness campaigns

  • Paid digital advertising

  • Public-facing promotional use

Tier 3 – Exclusive / Buy-Out

  • Full exclusive usage

  • Includes campaign-wide, regional, or national deployment

  • No reuse by Company beyond portfolio unless agreed

  • Must be explicitly purchased and documented

Political, nonprofit, and advocacy campaigns default to Tier 2 unless otherwise stated.

 

 

7. Nonprofit & Campaign Disclaimer

Client acknowledges that:

  • Campaign and nonprofit work involves public exposure and unpredictable outcomes

  • Company does not guarantee fundraising results, election outcomes, engagement metrics, or public response

  • Services provided are creative and advisory in nature

No refunds shall be issued based on campaign performance, public reception, or external outcomes.

7A. Consulting Services

This Consulting Addendum supplements the Photography Service Agreement between Miller-Whyte Photography and Marketing and Client.

Scope of Consulting

Consulting services may include:

  • Marketing and branding advice

  • Campaign strategy support

  • Content planning and evaluation

  • Brand audits and recommendations

  • Leadership or personal presence guidance

Consulting does not include legal, financial, or compliance advice.

 

 

No Guarantees

Client acknowledges that consulting services are advisory in nature. No specific outcomes, financial results, fundraising totals, election outcomes, or performance metrics are guaranteed.

 

 

Consulting Fees & Refunds

  • Consulting services are billed per session, package, or retainer

  • All consulting fees are non-refundable once services are rendered or sessions commence

 

 

Independent Decision-Making

Client retains full responsibility for decisions, implementation, and outcomes based on consulting guidance.

8. Chargebacks & Dispute Resolution

Client agrees to contact Photographer first to resolve any concerns.

In the event of a chargeback or payment dispute, Photographer may submit:

  • This Agreement

  • Checkout acknowledgements

  • Booking confirmations

  • Delivery records

  • Email or written communications

Unauthorized chargebacks may result in:

  • Termination of services

  • Revocation of image usage rights

  • Refusal of future bookings

  • Legal action if necessary

8A. Artistic Style & Satisfaction

Client acknowledges that photography is a creative service.

Disputes based on artistic style, composition, lighting, editing, or subjective preferences do not qualify for refunds once services are rendered or products delivered.

 

 

9. Limitation of Liability

Photographer’s liability for any claim shall not exceed the total amount paid by Client.

Photographer is not liable for indirect, incidental, or consequential damages.

 

 

10. Governing Law & Venue 

This Agreement shall be governed by the laws of the State of Georgia.

Any dispute shall be resolved in:

  • Gwinnett County Magistrate Court (Small Claims) or

  • Appropriate state court in Gwinnett County, Georgia

Both parties consent to jurisdiction and venue in Gwinnett County.

 

 

11. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions or agreements.

 

 

12. Client Acceptance

By booking services or submitting payment, Client affirms that they have read, understood, and agreed to this Agreement.


Contact Us

Questions about the Terms of Service should be sent to us at millerwhytephotography@gmail.com

 

Miller-Whyte Photography and Marketing, LLC
8735 Dunwoody Place Suite R, Atlanta, GA 30350

millerwhytephotography@gmail.com

+1.470.546.6920