Last Updated: September 7, 2025

Standard Terms of Sales and Service

Introduction

This document outlines the Standard Terms of Sales and Service ("the Agreement") for JC Studios Photography. This Agreement establishes a legally binding contract between JC Studios Photography ("the Photographer") and any individual or entity ("the Collector" or "the Client") who purchases products or engages services through the website https://www.jcstudios.photography/ ("the Site"). The use of the Site, including the act of placing an order for a Fine Art Print or booking Photography Services, constitutes explicit and unconditional acceptance of all terms and conditions contained herein.

1. Agreement to Terms

By accessing the Site, creating an account, placing an order, or otherwise engaging with the services offered by JC Studios Photography, you affirm that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree with any part of these terms, you must not use the Site or purchase any products or services.

The Photographer reserves the right to amend, update, or modify this Agreement at any time and at its sole discretion. Any such changes will be effective immediately upon being posted to the Site. It is your responsibility to review this Agreement periodically for updates. Your continued use of the Site following the posting of any changes constitutes your acceptance of the modified terms.

2. Definitions

To ensure clarity and prevent ambiguity throughout this Agreement, the following terms shall have the meanings ascribed to them below :

• "Photographer," "We," "Us," "Our":

Refers to Jose Cancel, the artist and proprietor operating the business known as JC Studios Photography.

• "Collector," "Client," "You," "Your":

Refers to any individual, organization, or legal entity that accesses the Site, purchases a Print, or commissions Services from the Photographer.

• "Artwork":

Refers to the original photographic image as created and authored by the Photographer. The Artwork is the intellectual property of the Photographer.

• "Print":

Refers to a physical, tangible reproduction of an Artwork, created using archival-quality materials, offered for sale on the Site.

• "Services":

Refers to any commissioned photography services offered by the Photographer, including but not limited to portrait, event, or commercial photography, as may be detailed on the Site or in a separate agreement.

• "Site":

Refers to the entirety of the website located at the domain https://www.jcstudios.photography/ and all its subpages.

Part A: Terms of Sale for Fine Art Prints

This section governs the purchase of all physical Fine Art Prints from the Site.

3. Artwork and Print Descriptions

• Accuracy of Information:

The Photographer warrants that all factual descriptions of the Prints—including title, year of creation, medium (e.g., archival pigment print), and physical dimensions—are accurate to the best of the Photographer's professional knowledge.

• Color and Appearance Disclaimer:

The Collector acknowledges that the appearance of Prints on a computer monitor, tablet, or mobile device may differ from the final printed product. Factors such as monitor calibration, screen brightness, ambient lighting conditions, and the inherent differences between emissive (screen) and reflective (print) color can lead to variations in hue, saturation, contrast, and brightness. Consequently, such variations are not considered a defect, misrepresentation, or grounds for a return.

• Edition Information:

If a Print is offered as part of a limited edition, this will be clearly stated in the product description. Each limited edition Print will be hand-signed and numbered by the Photographer and will be accompanied by a Certificate of Authenticity. This certificate will detail the title of the Artwork, the specific edition number (e.g., 5/25), the total number of prints in the edition, and the number of any Artist's Proofs (APs) that may exist.

• Framing:

Any images on the Site that depict a Print in a frame are for illustrative and contextual purposes only, unless the product description explicitly states that the frame is included in the purchase price. If a frame is included with the purchase of a Print, the frame itself is provided as a courtesy and is sold in "AS IS" condition. The condition of an included frame, including any minor scuffs or imperfections, shall not be considered grounds for the return or rejection of the purchased Print.

4. Orders, Pricing, and Payment

• Order Confirmation:

An order placed through the Site's checkout process constitutes an offer to purchase. This offer is not considered accepted, and a binding contract is not formed, until the Collector receives a formal Order Confirmation email from the Photographer. The Photographer reserves the right to decline or cancel any order at any time and for any reason at their sole discretion, including but not limited to limitations on available stock or suspicion of fraudulent activity.

• Pricing:

All prices for Prints are listed in U.S. Dollars (USD). Prices are subject to change without prior notice. However, the price applicable to your order will be the price that was in effect at the time your order was placed and confirmed.

• Payment:

Full and complete payment of the listed price, plus any applicable taxes and shipping fees, is required at the time of order placement. The Photographer will not dispatch any Print for shipment until payment has been received in full and has cleared. Accepted methods of payment will be those processed through the Site's secure payment gateway (e.g., major credit cards, PayPal).

• Transfer of Title:

Legal title and ownership of the physical Print passes from the Photographer to the Collector only upon the Photographer's receipt of full, cleared payment for the Print.

5. Sales Tax

• Collector's Responsibility:

The Collector is responsible for the payment of all applicable sales, use, or other transaction-based taxes (e.g., value-added tax or VAT for international orders) associated with their purchase.

• Collection by Photographer:

The Photographer will automatically calculate, collect, and remit sales tax on orders shipped to destinations within jurisdictions where JC Studios Photography has a legal obligation to do so. This obligation is determined by having a "nexus" (a significant connection) with the jurisdiction.

• Nexus Declaration:

JC Studios Photography is based in the Commonwealth of Pennsylvania. Accordingly, the Photographer will collect the applicable state and local sales tax (currently 6% statewide) on all orders shipped to an address within Pennsylvania. The Photographer will also collect sales tax in other states where economic nexus has been established, typically triggered by exceeding a certain threshold of sales revenue or number of transactions into that state within a calendar year. The list of states where tax is collected is subject to change.

• Tax on Shipping and Handling:

Where required by state law, the sales tax calculation will be applied to the total purchase price, which includes the cost of the Print as well as all associated shipping and handling charges.

• International Orders:

For any Print shipped to a destination outside of the United States, the Collector acts as the importer of record. The Collector is solely responsible for all customs duties, import taxes, brokerage fees, and any other charges levied by the destination country's government and customs authorities. The Photographer is not responsible for, and will not collect, these international fees.

6. Shipping, Handling, and Risk of Loss

• Shipping Costs:

All costs associated with shipping, handling, and transit insurance are calculated during the checkout process and are the responsibility of the Collector. These costs are determined based on the size and weight of the packaged Print, the shipping destination, and the selected service level.

• Processing Time:

Please allow an estimated 5-7 business days for order processing, printing, and packaging before the item is dispatched. This timeframe is an estimate and not a guarantee. The Collector will receive a shipping confirmation email with tracking information once the order has been handed over to the shipping carrier.

• Risk of Loss:

The legal risk of loss or damage to the Print passes to the Collector at the point when the Photographer delivers the packaged item to the designated shipping carrier (e.g., FedEx, UPS).

• Shipping Address:

The Collector is solely responsible for providing a correct, complete, and valid shipping address at the time of purchase. The Photographer shall not be liable for any loss, delay, or additional costs incurred as a result of an incorrect or incomplete address provided by the Collector.

7. Inspection, Returns, and Damaged Goods

• Duty to Inspect:

The Collector must open and thoroughly inspect the delivered Print immediately upon its arrival.

• Reporting Deadline for Damage:

All claims for damage that may have occurred during shipping must be reported in writing via email to the Photographer within 72 hours (three days) of the recorded delivery time. Claims received after this 72-hour window may be denied.

• Mandatory Damage Claim Procedure:

To file a valid claim for shipping damage, the Collector MUST follow all of the steps below. Failure to comply with this procedure may result in the denial of the claim.

o Photograph the Exterior Packaging:

Before opening the package, take clear photographs of all sides of the box or crate, paying special attention to any visible signs of damage, such as dents, punctures, or crushed corners.

o Photograph the Damaged Print:

After opening, take clear, well-lit photographs of the damaged Print. These should include at least one wide shot showing the entire Print and several close-up shots that clearly detail the specific areas of damage.

o Retain All Original Packaging:

The Collector MUST retain all original packaging materials, including the box, crate, bubble wrap, foam, and any other packing elements. Discarding the packaging before the claim is resolved will void the claim.

o Submit the Claim:

Email all photographs, along with a written description of the damage and the order number, to jose.cancel@jcstudios.photography within the 72-hour reporting period.

• Return Policy:

o Grounds for Return:

Returns of Prints are accepted ONLY under the following conditions: (1) The Print sustained significant damage during shipping, as documented and verified through the procedure above, or (2) The Collector received the wrong Print (i.e., an item that does not match the order confirmation).

o Exclusions:

Returns will not be accepted for reasons of subjective aesthetic dissatisfaction, including but not limited to the Print "not matching the decor," a change of mind, or perceived color variations as disclaimed in Section 3.

o Return Authorization:

If a return is deemed valid, the Photographer will issue a Return Authorization and provide specific instructions for return shipping. A refund or replacement will be processed only after the returned Print has been received and inspected by the Photographer.

o Misrepresentation:

In the rare event that a Print is found to be factually misrepresented in its description (e.g., incorrect dimensions, beyond the scope of the disclaimers), the Photographer will assume responsibility for the costs of return shipping.

Part B: Terms for Commissioned Photography Services

This section governs the engagement of the Photographer for commissioned Services.

8. Scope of Services and Booking

All commissioned Photography Services will be defined and agreed upon in a separate, written Scope of Work document. This document will specify, at a minimum, the date, time, duration, location(s), a description of the desired photography, the final deliverables, and the total fee. This Scope of Work, once agreed upon by both the Client and the Photographer, is incorporated by reference into this Agreement and becomes a binding part of the contract.

9. Service Fees, Retainers, and Cancellations

• Retainer:

To formally book a photography session and reserve the specified date and time, the Client must pay a non-refundable retainer. This retainer is a fee paid to the Photographer to retain their services and is non-refundable under any circumstances.

• Final Payment:

The remaining balance of the total service fee is due on or before the date of the scheduled photography session, prior to the commencement of shooting. The Photographer will not deliver any final images or other deliverables to the Client until the full, agreed-upon payment has been received.

• Cancellation by Client:

Should the Client cancel the booked session for any reason, the non-refundable retainer will be forfeited. If the Client cancels within a specified period before the session date (e.g., within 7 calendar days), the Client may be held liable for the entire remaining balance of the service fee.

• Rescheduling:

In the event of a need to reschedule due to factors beyond the control of either party, such as severe weather or illness, the Photographer will make a reasonable effort to reschedule the session to a new, mutually agreeable date. If the Client requests to reschedule for personal reasons, a rescheduling fee may apply at the Photographer's discretion, and the request must be made in writing at least 48 hours prior to the session.

10. Client Responsibilities and Releases

• Location Access and Fees:

The Client is solely responsible for identifying, securing permission for, and paying any and all fees associated with shooting at specific locations, including any venue rental fees, photography permit fees, or entrance fees.

• Releases:

The Photographer is not responsible for obtaining model releases, property releases, trademark releases, or any other necessary permissions from individuals or entities depicted in the photographs. It is the Client's responsibility to obtain all necessary permissions. The Client agrees to indemnify, defend, and hold harmless the Photographer from any and all claims, liabilities, and costs arising from the lack of necessary releases.

11. Artistic Discretion

The Client acknowledges and agrees that the Photographer will exercise their sole professional judgment and artistic discretion in the execution of the Services. This creative control extends to composition, lighting, posing, and the selection of the final images to be edited and delivered. The delivery of raw, unedited image files is not part of any service package and such files will not be provided to the Client.

Part C: General Legal Provisions

12. Intellectual Property and Copyright

• Copyright Retention:

The Photographer, Jose Cancel, is the sole and exclusive author and owner of the copyright for all Artwork displayed on the Site, sold as Prints, or created during the provision of Services. All rights, title, and interest in and to the Artwork, including all copyrights, are and shall remain the exclusive property of the Photographer.

• Grant of Rights to Collector/Client:

The purchase of a physical Print grants the Collector a limited right to display the physical Print for personal, non-commercial purposes only. For Services, the Client is granted a license for personal use of the delivered digital files, such as sharing on personal social media accounts (with credit to the Photographer) and making prints for personal use.

• Explicit Prohibitions:

The Collector and/or Client is expressly forbidden from engaging in any of the following activities without prior written consent from the Photographer:

 Reproducing the Print or digital files in any manner.

 Creating derivative works based on the Artwork.

 Using the Artwork, Print, or digital files for any commercial purpose whatsoever.

 Altering, editing, cropping, or manipulating the Print or digital files in any way.

• Commercial Licensing:

Any use of the Artwork that falls outside the scope of personal use requires a separate, written Licensing Agreement from the Photographer.

• Photographer's Right of Promotion:

The Photographer retains the right to use any and all Artwork, including images created during commissioned Services, for the purposes of self-promotion, including display on the Site, in portfolios, on social media, and in exhibitions.

13. Warranties and Disclaimers

• Warranty of Authorship:

The Photographer warrants that they are the original creator of the Artwork and that the Print is an authentic reproduction of said Artwork.

• "AS IS" Disclaimer:

Except for the express warranty of authorship stated above, all Prints and Services are delivered on an "AS IS" and "AS AVAILABLE" basis. The Photographer expressly disclaims all other warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

• Liability Cap:

To the maximum extent permitted by law, in no event shall the Photographer's aggregate liability to you for any and all claims arising out of or relating to this Agreement, the purchase of a Print, or the provision of Services, exceed the total amount you paid to the Photographer for that specific Print or Service from which the claim arose.

• Waiver of Consequential Damages:

The Photographer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, loss of data, or business interruption, even if the Photographer has been advised of the possibility of such damages.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Photographer from and against any and all claims, liabilities, damages, and costs (including reasonable attorneys' fees) that may arise from or be related to: (a) your breach of any term of this Agreement; (b) your use of any Print or image in a manner not authorized by this Agreement; or (c) any claim arising from the lack of necessary model or property releases for which you were responsible.

16. Governing Law and Dispute Resolution

• Governing Law:

This Agreement, and any dispute arising from it, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its principles of conflicts of law.

• Jurisdiction and Venue:

The parties irrevocably agree that the state and federal courts located in Beaver County, Pennsylvania, shall have sole and exclusive jurisdiction over any legal action or proceeding arising out of or relating to this Agreement.

17. Miscellaneous

• Entire Agreement:

This Agreement, together with any applicable Scope of Work for Services, constitutes the entire agreement between the Photographer and the Collector/Client and supersedes all prior communications or agreements.

• Severability:

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

• No Waiver:

The failure of the Photographer to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.