Terms of Service
These Client Gallery Terms of Service ("Gallery Terms") govern your access to and use of the private online proofing gallery ("Gallery") provided to you by Ric Mershon Photography ("Photographer") in connection with your photography session. By accessing the Gallery, you agree to be bound by these Gallery Terms.
These Gallery Terms apply to the proofing and selection process only. Purchases of digital files made through the Gallery are governed separately by the Ric Mershon Photography Store Terms of Sale and Digital Image License, which you will be presented with at the time of purchase.
1. Gallery Access. Your Gallery is password-protected and requires email registration to access. To view the Gallery, visitors must provide a valid email address at the time of registration. You are responsible for ensuring that the email address provided is accurate and belongs to you or to a person at your organization who is authorized to access the Gallery. Registering with a false, invalid, or unauthorized third-party email address constitutes a material breach of these Gallery Terms. You may share your gallery password with individuals at your organization who are authorized to participate in the image selection process, such as a marketing or HR representative. You may not share your gallery link or password with the general public or post it in any publicly accessible location.
2. Gallery Expiration. Your Gallery will remain active and accessible for thirty (30) days from the date the gallery link is delivered to you ("Expiration Date"). After the Expiration Date, the Gallery will be closed and images will no longer be accessible for viewing, selection, or purchase. Ric Mershon Photography is not obligated to extend gallery access beyond the Expiration Date. If you require an extension, you must submit a written request to ric@ricmershon.com prior to the Expiration Date, and any extension is granted at the sole discretion of the Photographer.
3. Image Selection and Retouching. You are entitled to select up to the number of images as specified in your session agreement from the proofs presented in your Gallery. To make your selections, mark your chosen images as favorites within the Gallery. For each favorited image, please include any retouching instructions you would like applied. Once you have completed your selections and added your retouching instructions, notify Photographer by email at ric@ricmershon.com that your selections are ready for review. Selections must be submitted prior to the Expiration Date. Selections submitted after the Expiration Date may not be honored.
Retouching Policy. Final selected images will be retouched in Photographer's standard editorial style, which includes exposure and contrast adjustments, color correction, white balance, skin tone normalization, light skin smoothing, light eye enhancements, teeth whitening, and removal of temporary blemishes. Standard retouching excludes heavy skin smoothing, liquify or body reshaping, removal of permanent features, background replacement, and compositing. Client may request one (1) round of retouching revisions per final image. No further retouching requests beyond one revision per final image are included. Additional retouching requests are available at Photographer's standard rate.
4. Delivery of Final Digital Images. Following receipt of your image selections, Photographer will deliver your retouched final images within seven (7) business days. Final digital images are delivered electronically via a secure download link. Ric Mershon Photography is not responsible for delivery failures caused by incorrect email addresses, full inboxes, or spam filtering on the recipient's end.
5. Proofing Images. The images displayed in your Gallery are unretouched or lightly processed proofs provided for selection purposes only. Proofing images are watermarked and are not licensed for any use. Final images, as delivered following selection and retouching, are the licensed deliverables under your session agreement. Screenshots, downloads, or reproduction of proofing images in any form is strictly prohibited.
6. Print and Product Orders. If print or product ordering is enabled in your Gallery, all print and product orders are subject to the Ric Mershon Photography Store Terms of Sale at the time of purchase. Print orders are fulfilled by a third-party print laboratory and shipped directly to the address you provide. Ric Mershon Photography is not responsible for delays, damage, or loss incurred during shipping. Print orders may not be cancelled or refunded once submitted to the print laboratory.
7. Digital File Purchases. If digital file purchasing is enabled in your Gallery, all digital file purchases are governed by the Ric Mershon Photography Store Terms of Sale and Digital Image License. All sales are final. No refunds or exchanges are offered on digital file purchases once files have been delivered. By completing a purchase, you confirm that you have read and agree to the Digital Image License.
8. Copyright and Ownership. All images in your Gallery remain the exclusive copyrighted property of Ric Mershon Photography. Ownership and licensing terms are governed by the agreement signed at the time of booking and, where applicable, the Digital Image License accompanying any purchase.
9. Image Archiving. Ric Mershon Photography retains session files at its sole discretion and does not guarantee the availability of session images beyond the Gallery Expiration Date. Clients are responsible for downloading and backing up their purchased digital files upon delivery. Ric Mershon Photography is not liable for the loss of any images after the gallery has closed or after final files have been delivered.
10. Prohibited Conduct. In connection with your access to the Gallery, you agree that you will not:
(A) Screenshot or reproduce proofing images. capture, reproduce, distribute, or publish any proofing image from the Gallery in any form, including screenshots, screen recordings, or photographs of the screen.
(B) Circumvent security. attempt to circumvent, disable, or interfere with any security feature of the Gallery, including password protection or watermarking.
(C) Share access improperly. share your gallery link or password with any person outside your organization or in any public forum.
(D) Use for unauthorized purposes. use access to the Gallery for any purpose other than reviewing and selecting images from your session.
11. Limitation of Liability. Except for any remedies that cannot be excluded or limited by law, Ric Mershon Photography will not be liable for any indirect, incidental, consequential, or special damages arising from your access to or use of the Gallery, including but not limited to loss of images due to technical failure, gallery expiration, or delivery failure. Ric Mershon Photography's total liability in connection with the Gallery will not exceed the amount paid by you for the applicable photography session.
12. Gallery Platform. Client galleries are hosted through Pixieset, a third-party platform. Your access to the Gallery is subject to Pixieset's own terms of service and privacy policy, available at pixieset.com. Ric Mershon Photography is not responsible for platform outages, technical errors, or changes to Pixieset's service.
13. Modifications. Ric Mershon Photography reserves the right to modify these Gallery Terms at any time. Updated terms will apply to galleries opened after the effective date of the modification. Your continued access to a Gallery following notice of any modification constitutes your acceptance of the updated terms.
14. Governing Law and Disputes. These Gallery Terms are governed by the laws of the State of Georgia, without reference to its conflict of law provisions. Any dispute arising from these Gallery Terms shall first be submitted to mediation. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
15. Contact. Questions regarding your Gallery or these Gallery Terms may be directed to:
Ric Mershon Photography