EP PHOTOGRAPHY
WEBSITE TERMS & CONDITIONS + PRIVACY NOTICE
Effective date: September 1, 2026
1. Website Terms and Conditions
These Website Terms and Conditions ("Terms") govern your access to and use of www.epphotography.com and any webpages, content, contact forms, and features made available through it (collectively, the "Website"). The Website is owned and operated by EP Photography ("EP Photography," "we," "us," or "our"). By using the Website, you agree to these Terms. If you do not agree, do not use the Website.
1.1 Website Purpose
The Website provides general information about EP Photography, our portfolio, portrait and commercial photography services, and ways to contact us. Website content is offered for informational and promotional purposes. Submitting an inquiry does not reserve a date, create a photographer-client relationship, or obligate either party to proceed.
1.2 Photography Services and Separate Agreements
Photography services, pricing, availability, deposits, cancellations, rescheduling, deliverables, image licensing, model releases, artwork orders, and other session-specific matters are governed by the written proposal, invoice, order, release, and/or photography agreement applicable to that service. If these Terms conflict with a signed photography agreement, the signed agreement controls for that service.
1.3 Permitted Use
You may use the Website only for lawful, personal, and legitimate business-inquiry purposes. You may not:
copy, reproduce, download, publish, distribute, modify, sell, license, scrape, train an artificial-intelligence system on, or commercially exploit Website content without our prior written permission;
remove watermarks, copyright notices, credits, or other ownership markings;
attempt to gain unauthorized access to the Website, its systems, or information submitted by others;
introduce malicious code, interfere with Website operation, or use automated tools in a way that burdens or damages the Website; or
submit false, misleading, unlawful, infringing, threatening, or abusive content.
1.4 Intellectual Property
Unless otherwise stated, all photographs, videos, graphics, logos, designs, text, layouts, and other Website content are owned by or licensed to EP Photography and are protected by copyright, trademark, and other laws. Viewing the Website does not transfer any ownership or license to you. Any use beyond ordinary Website browsing requires our prior written permission.
1.5 Information You Submit
You represent that information you submit through the Website is accurate, that you have the right to provide it, and that your submission does not violate another person’s rights. You authorize us to use the information to respond to your inquiry, provide requested information, administer our relationship with you, and operate our business as described in the Privacy Notice below.
1.6 Communications
When you contact us, you authorize EP Photography to respond using the contact information you provide, including by email, telephone, or individual text message about your inquiry. Consent to receive marketing texts is not a condition of purchasing services. If you separately opt in to recurring or automated marketing texts, message and data rates may apply and you may opt out as stated in the applicable consent disclosure. You may unsubscribe from marketing emails using the link in the message or by contacting us.
1.7 Third-Party Services and Links
The Website may link to or use third-party platforms, including hosting, scheduling, payment, gallery, social-media, analytics, mapping, email, or customer-management services. We do not control third-party sites or their privacy, security, availability, accuracy, or content. Your use of a third-party service is governed by that provider’s terms and policies.
1.8 Website Accuracy and Availability
We work to keep Website information current, but we do not guarantee that content, pricing, availability, descriptions, or links are complete, accurate, or current. We may correct errors, change content, suspend features, or discontinue the Website at any time. A displayed price or service description is not binding until confirmed in a written proposal or agreement.
1.9 Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
1.10 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EP PHOTOGRAPHY AND ITS OWNER, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. OUR TOTAL LIABILITY FOR A WEBSITE-RELATED CLAIM WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US, IF ANY, SPECIFICALLY FOR USE OF THE WEBSITE. These limits do not apply where prohibited by law or to liability that cannot lawfully be limited.
1.11 Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless EP Photography and its owner, employees, contractors, and agents from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful use of the Website, your violation of these Terms, or content you submit. This section does not require you to indemnify us for our own unlawful conduct.
1.12 Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute concerning the Website that is not governed by a separate signed agreement must be brought in a court of competent jurisdiction located in Travis County, Texas, and each party consents to that venue, except where applicable consumer law requires otherwise.
1.13 Changes; Severability; No Waiver
We may revise these Terms by posting an updated version and changing the effective date. Your continued use of the Website after an update means you accept the revised Terms. If any provision is found unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver of it.
2. Privacy Notice
This Privacy Notice explains how EP Photography collects, uses, discloses, and protects personal information through the Website and related communications. It does not replace privacy terms contained in a separate client agreement, gallery, ordering platform, or third-party service.
2.1 Information We Collect
Information you provide directly may include:
contact details, such as your name, email address, telephone number, and preferred contact method;
inquiry details, such as the type of photography, desired date or timeframe, location, budget, referral source, and the contents of your message;
appointment, proposal, contract, invoice, and transaction information when you choose to move forward; and
other information you voluntarily send to us. Please do not submit Social Security numbers, financial account details, medical information, or other sensitive information through the general contact form.
Information collected automatically may include your IP address, browser and device type, operating system, referring page, pages viewed, approximate location derived from IP address, and interaction data. This information may be collected through server logs, cookies, pixels, analytics tools, or similar technologies, depending on the features enabled on the Website.
2.2 How We Use Information
We may use personal information to:
respond to inquiries, discuss availability, prepare proposals, and provide requested services;
schedule sessions, manage client relationships, process transactions, deliver galleries or products, and provide support;
send administrative communications and, where permitted, marketing communications;
operate, maintain, secure, troubleshoot, and improve the Website and our services;
measure Website and campaign performance and understand how visitors find and use the Website;
prevent fraud, misuse, or security incidents; and
comply with law, enforce agreements, and establish or defend legal claims.
2.3 Cookies and Analytics
The Website may use cookies and similar technologies that are necessary for operation or used for preferences, analytics, advertising, or social-media features. Browser settings may allow you to block or delete cookies, but some Website features may not function properly. If advertising or analytics tools are active, add a cookie-consent tool where required and identify those providers below.
Website analytics/advertising providers: “None currently”]
2.4 How We Disclose Information
We may disclose personal information:
to service providers that support our website hosting, CRM, email, scheduling, invoicing, payment processing, galleries, file storage, analytics, advertising, or professional services, subject to their applicable terms and safeguards;
to professional advisers, insurers, auditors, or authorities when reasonably necessary;
when required by law, subpoena, court order, or valid legal process, or to protect rights, safety, property, and security;
in connection with a merger, financing, sale, reorganization, or transfer of all or part of the business; and
with your direction or consent.
We do not sell personal information for money. If our use of advertising technology constitutes “selling,” “sharing,” or targeted advertising under an applicable privacy law, we will provide any legally required notice and opt-out method. We do not disclose contact-form information to third parties for their own unrelated direct marketing.
Key service-provider categories/platforms actually used: [HOST, CRM, EMAIL, SCHEDULING, PAYMENT, GALLERY, STORAGE, ANALYTICS]
2.5 Data Retention
We retain inquiry information only as long as reasonably necessary for the purposes described in this Notice, including responding to you, maintaining business records, complying with legal and tax obligations, resolving disputes, and enforcing agreements. Retention periods vary by the nature of the information and our legal or operational needs. When information is no longer reasonably needed, we may delete, anonymize, or securely dispose of it.
2.6 Data Security
We use reasonable administrative, technical, and physical safeguards appropriate to the nature of the information we maintain. No internet transmission or storage system is completely secure, so we cannot guarantee absolute security. Email and ordinary contact forms should not be used to send highly sensitive information.
2.7 Your Privacy Choices and Requests
You may ask to access, correct, or delete personal information you provided, or opt out of marketing communications, by contacting us using the information below. Depending on where you live and whether an applicable privacy law covers EP Photography, you may have additional rights, including rights to obtain a copy of certain data or opt out of certain targeted advertising, sales, or profiling. We may need to verify your identity before completing a request. We will respond as required by applicable law. You may appeal a denied privacy request by replying to our decision and stating that you wish to appeal.
2.8 Children’s Privacy
The Website and its contact form are intended for adults and are not directed to children under 13. We do not knowingly collect personal information directly from children under 13 through the Website. A parent or legal guardian should submit inquiries concerning photography services for a minor. If you believe a child submitted personal information without appropriate consent, contact us so we can review and delete it as appropriate.
2.9 External Sites and Social Media
Links, embedded content, social-media features, and third-party platforms may collect information under their own privacy policies. EP Photography is not responsible for those independent practices. Review the privacy notice of any third-party service you use.
2.10 Visitors Outside the United States
EP Photography is based in Texas, United States. If you access the Website from another country, your information may be processed in the United States, where privacy laws may differ from those in your location. Contact us before submitting information if you require information about an international transfer or local-law request.
2.11 Changes to This Privacy Notice
We may update this Privacy Notice to reflect changes in our practices, technology, services, or legal obligations. The updated Notice will be posted on the Website with a revised effective date. Material changes may be communicated through an additional notice when required by law.
2.12 Contact Us
Questions, requests, or complaints about these Terms or this Privacy Notice may be sent to:
Business/legal name: EP Photography
Owner/contact: Erica Payne
Email:Contact@epphotography.com
Mailing address: 5425 Hwy290 suite 210 Austin, Texas 78738
Telephone (optional): 512.630.2994
3. Contact-Form Disclosure (Paste Beneath the Submit Button)
Use this short notice directly below the button. Link “Privacy Notice” and “Terms and Conditions” to the applicable sections or webpages.
Optional Marketing Consent Checkbox
Use this only if you want permission to send promotional emails or recurring/automated marketing texts. Leave it unchecked by default and keep it separate from the inquiry submission.
Suggested Website Setup
Create two footer links: “Terms & Conditions” and “Privacy Notice.”
Place the short contact-form disclosure immediately below the Submit button.
Do not pre-check the optional marketing-consent box.
Keep a record of the consent language, date/time, and form version used for any marketing opt-in.
Update the Privacy Notice whenever you add or remove analytics, advertising pixels, a CRM, payment tools, or other data-handling services.
Drafting Note
This template is general informational material, not legal advice. Privacy, advertising, text-message, accessibility, and consumer-protection obligations depend on the Website’s actual tools, audience, and business practices. Have qualified counsel review the completed version before publication.