TERMS AND CONDITIONS AGREEMENT
Scott Eden Photography LLC
1. INTRODUCTION AND BUSINESS INFORMATION
These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between Scott Eden Photography LLC, a Maryland limited liability company (“Company”, “we”, “us”, “our”), and you (“Customer”, “you”, “your”) regarding your use of our photographic print services and website.
Business Information:
Legal Name: Scott Eden Photography LLC
Business Address: 2811 Deepwater Trail, Edgewater, Maryland 21037
Email: seden@scottedenphotography.com
Phone: [To be completed]
Website: [To be completed]
Business Hours: 8:00 AM to 5:00 PM, Monday through Friday (Eastern Time)
By placing an order, accessing our website, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not use our services or place any orders.
2. ACCEPTANCE OF TERMS AND ELECTRONIC TRANSACTIONS
2.1 Electronic Agreement Formation
These Terms constitute an electronic contract formed under the Maryland Uniform Electronic Transactions Act, Title 21 of the Commercial Law Article, and the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). By clicking “I Accept,” “Place Order,” or similar buttons, or by proceeding with any transaction, you provide your electronic signature and consent to enter into this Agreement electronically.
2.2 Electronic Records and Communications
You consent to receive all communications, agreements, documents, receipts, and notices electronically. We may provide electronic communications by posting them on our website, sending them to your email address, or through other electronic means. You agree that all electronic communications satisfy any legal requirement that communications be in writing.
2.3 Hardware and Software Requirements
To access and retain electronic communications, you must have: (a) a computer or mobile device with internet access; (b) a current web browser that includes 128-bit encryption; (c) software capable of reading PDF files; and (d) an active email account. You are responsible for maintaining these requirements and for printing or saving copies of electronic communications for your records.
2.4 Withdrawal of Consent
You may withdraw your consent to receive electronic communications by contacting us at seden@scottedenphotography.com. However, withdrawal of consent may result in termination of your ability to use our services, and you may be required to pay additional fees for paper communications where permitted by law.
3. PRODUCTS AND SERVICES
3.1 Product Offerings
We offer photographic prints and related products featuring original photographs taken by Scott Eden Photography LLC. Our available products, including photograph selections, sizes, materials, finishes, paper types, mounting options, and other specifications, are displayed on our website or available upon request. Product offerings may be updated, modified, or discontinued at any time without prior notice.
3.2 Custom Nature of Products
All photographic prints are custom-made products created specifically for each customer based on their selected photograph and specifications. Each order represents a unique reproduction of original artistic work, and no two prints are identical due to natural variations in the printing process.
3.3 Order Limitations
Minimum Order: One (1) print per order
Maximum Order: No maximum order limit applies
Product Availability: All products are subject to availability of materials and production capacity
3.4 Quality Standards
We maintain professional standards for all photographic prints and use industry-standard equipment, materials, and processes. All photographs are captured using professional-grade equipment and printed using archival-quality materials to ensure the highest possible quality and longevity.
4. ORDERING AND PAYMENT PROCESS
4.1 Order Placement
Orders may be placed through our website, by email. All orders must include: (a) selected photograph identification; (b) desired size and specifications; (c) delivery address; and (d) complete payment information.
4.2 Order Confirmation
We will provide order confirmation within three (3) business days of order placement. Order confirmation will include: (a) order details and specifications; (b) selected photograph description; (c) base print price; (d) notification of any additional costs that will be calculated separately, including metal print shipping costs and framing costs, which will be provided before final payment is processed.
4.3 Accepted Payment Methods
We accept the following payment methods only:
• Credit cards (Visa, MasterCard, American Express, Discover)
• Debit cards with major credit card logos
4.4 Payment Processing
Initial payment for the base print price is due at the time of order placement. For orders involving metal prints or framing, additional payment for shipping costs (metal prints) and/or framing costs will be required after these costs are calculated by our printer/framer. We will provide a detailed cost breakdown and request approval before processing final payment. All payments are processed securely through third-party payment processors.
4.5 Payment Authorization
By providing payment information, you represent and warrant that: (a) you are authorized to use the payment method; (b) all payment information is accurate and current; (c) you will pay all charges incurred; and (d) your payment method has sufficient funds or credit available.
4.6 Failed Payments
If payment is declined or fails for any reason, we may: (a) attempt to process payment again; (b) contact you for alternative payment; (c) cancel your order; or (d) pursue collection of amounts owed.
5. PRICING AND FEES
5.1 Product Pricing
All prices are displayed on our website in United States Dollars (USD) and are subject to change without notice. Prices shown at the time of order placement will be honored for that specific order, provided payment is successfully processed.
5.2 Additional Fees
Customers are responsible for all applicable taxes, shipping costs, handling fees, framing costs, and any other charges associated with their orders. For standard prints, these additional costs will be calculated and displayed before order completion. For metal prints and framed prints, shipping costs (metal prints) and framing costs cannot be determined until calculated by our printer/framer. These costs will be provided to you for approval before final payment is processed and production begins.
5.3 Metal Print and Framing Costs
Shipping costs for metal prints and all framing costs cannot be determined at the time of order placement because these services are provided by specialized third-party vendors. After you place your order, we will obtain quotes from our printer/framer and provide you with: (a) a detailed breakdown of metal print shipping costs (if applicable); (b) a detailed breakdown of framing costs (if applicable); and (c) the total additional amount due. You will have the opportunity to review and approve these costs before we process final payment and begin production. If you do not approve the additional costs, you may cancel your order in accordance with Section 8.2.
5.4 Tax Obligations
We will collect and remit sales tax as required by applicable law. Customers are responsible for any additional tax obligations in their jurisdiction.
5.5 Price Errors
In the event of pricing errors on our website or in communications, we reserve the right to: (a) correct the error and offer the product at the correct price; (b) cancel the order and provide a full refund; or (c) contact you to confirm whether you wish to proceed at the correct price.
6. ORDER PROCESSING AND FULFILLMENT
6.1 Production Timeline
Orders will be processed and shipped within 30 days of order confirmation, unless otherwise specified. Production times may vary based on order complexity, product availability, and current order volume.
6.2 Order Status Updates
Customers may contact us at seden@scottedenphotography.com for order status inquiries.
6.3 Production Process
Once production begins, orders cannot be modified or changed. All prints are produced from our original digital master files using professional printing equipment and archival-quality materials.
6.4 Quality Control
All prints undergo quality control inspection before shipping. We reserve the right to reprint any items that do not meet our quality standards, which may extend delivery times.
6.5 Delays and Communication
If unforeseen circumstances cause delays beyond our estimated timeline, we will notify customers promptly and provide updated delivery estimates.
7. SHIPPING AND DELIVERY
7.1 Shipping Responsibility
Customers are responsible for all shipping costs, including standard shipping and any special handling requirements. For standard prints, shipping costs will be calculated and displayed before order completion. For metal prints, shipping costs must be calculated by our printer due to size, weight, and packaging requirements; these costs will be provided to you for approval before final payment is processed. Shipping costs will be calculated based on destination, package size, weight, and selected shipping method.
7.2 Packaging and Handling
We will professionally package all prints using appropriate materials to protect against damage during transit. Packaging methods may vary based on print size, material, and shipping destination.
7.3 Shipping Carriers
We ship via standard commercial carriers including but not limited to UPS, FedEx, and USPS. Carrier selection is at our discretion based on destination, package size, and customer preferences where specified.
7.4 Delivery Address
Customers must provide accurate and complete delivery addresses. We are not responsible for delays or non-delivery caused by incorrect or incomplete address information.
7.5 Delivery Confirmation
Delivery confirmation will be provided through the shipping carrier’s tracking system. Customers are responsible for monitoring shipment progress and arranging receipt of packages.
7.6 Risk of Loss
Risk of loss transfers to the customer upon delivery to the shipping carrier. We recommend purchasing shipping insurance for valuable orders.
7.7 International Shipping
International shipping may be available upon request. International customers are responsible for all customs duties, taxes, and import fees. Delivery times for international shipments may vary significantly.
8. RETURNS, REFUNDS, AND CANCELLATIONS
8.1 No Returns or Refunds Policy
Due to the custom nature of photographic prints, we do not accept returns or provide refunds for any reason, including but not limited to: (a) customer dissatisfaction with image quality; (b) color variations from digital displays; (c) size or specification misunderstandings; (d) change of mind; or (e) ordering errors by customers.
8.2 Order Cancellations
Orders may be cancelled without penalty: (a) within twenty-four (24) hours of order placement, provided that production has not yet begun; or (b) if you decline to approve additional costs for metal print shipping or framing after we provide the quote from our printer/framer. Cancellation requests must be submitted in writing to seden@scottedenphotography.com. If production has already begun, cancellation may not be possible, or may be subject to fees for work already completed.
8.3 Modification Restrictions
No modifications to orders are permitted once production has begun. Customers must carefully review all order details, specifications, and images before confirming their orders.
8.4 Exceptions to No-Return Policy
The only exceptions to our no-return policy are: (a) prints damaged during shipping through no fault of the customer; (b) prints with manufacturing defects covered under our quality guarantee; or (c) our error in processing orders contrary to customer specifications.
8.5 Cancellation Processing
Approved cancellations will be processed within five (5) business days, and refunds will be issued to the original payment method within ten (10) business days of cancellation approval.
9. QUALITY WARRANTIES AND GUARANTEES
9.1 Manufacturing Defect Guarantee
We guarantee that all photographic prints will be free from manufacturing defects for thirty (30) days after delivery. Manufacturing defects include: (a) printing errors caused by equipment malfunction; (b) material defects in paper or mounting materials; (c) color shifts caused by processing errors; and (d) physical damage occurring during our production process.
9.2 Defect Claim Process
To claim a manufacturing defect, customers must: (a) notify us within thirty (30) days of delivery; (b) provide photographic evidence of the defect; (c) return the defective print in its original condition; and (d) provide the original order reference number.
9.3 Remedy for Defective Prints
For verified manufacturing defects, we will, at our sole discretion: (a) reprint the item at no charge; (b) provide a credit for future orders; or (c) refund the purchase price of the defective item only.
9.4 Limitations of Guarantee
Our guarantee does not cover: (a) damage caused by customer handling or storage; (b) normal wear and aging of materials; (c) color variations due to image quality or monitor calibration differences; (d) customer dissatisfaction with artistic or aesthetic aspects; or (e) damage occurring after delivery.
9.5 Photographic Art Disclaimer
All photographs are original artistic works. Colors, lighting, and composition reflect the photographer's artistic vision and judgment at the time of capture. While we strive for accurate reproduction in prints, the final appearance may vary slightly from digital previews due to differences in printing processes and viewing conditions.
9.6 Color Accuracy Disclaimer
Colors in printed photographs may vary from colors displayed on computer monitors, mobile devices, or other digital displays due to differences in color profiles, calibration, and display technologies. Such variations are not considered defects.
10. INTELLECTUAL PROPERTY RIGHTS AND LICENSE
10.1 Copyright Ownership
Scott Eden Photography LLC retains all right, title, and interest in and to all photographs, including all copyrights, trademarks, and other intellectual property rights. No sale or transfer of any photograph or print conveys any copyright, reproduction rights, or other intellectual property rights to the customer.
10.2 Personal Use License
By purchasing a photographic print, you receive a limited, non-exclusive, non-transferable license to display the purchased print for personal, non-commercial purposes only. This license does not permit: (a) reproduction, duplication, or copying of the photograph in any form; (b) public display for commercial purposes; (c) resale or distribution of the photograph or print; (d) creation of derivative works; or (e) digital scanning or reproduction for any purpose.
10.3 Commercial Licensing
Commercial use of any photograph requires a separate commercial licensing agreement. Customers interested in commercial licensing should contact us at seden@scottedenphotography.com to discuss licensing terms, fees, and permitted uses. Unauthorized commercial use constitutes copyright infringement and may result in legal action.
10.4 Reproduction Restrictions
Customers may not reproduce, copy, scan, photograph, or otherwise duplicate any purchased photographic print without express written permission from Scott Eden Photography LLC. This prohibition includes but is not limited to: (a) digital scanning or photography of prints; (b) reproduction for personal use; (c) sharing digital copies via social media or other platforms; and (d) use in any print or digital publication.
10.5 Copyright Enforcement
We actively protect our intellectual property rights and will pursue legal action against unauthorized use, reproduction, or distribution of our photographs. Copyright infringement may result in: (a) immediate termination of license; (b) demand for destruction of unauthorized copies; (c) claims for statutory damages; and (d) recovery of attorneys' fees and costs.
10.6 Survival of Rights
Our intellectual property rights and your license restrictions under this Section shall survive termination of this Agreement and continue in perpetuity or for the duration of applicable copyright protection, whichever is longer.
11. PRIVACY AND DATA COLLECTION
11.1 Information Collection
We collect only essential information necessary to process and fulfill your orders, including: (a) name and contact information; (b) billing and shipping addresses; (c) payment information (processed securely through third-party processors); (d) order details and preferences; and (e) communications with our customer service team.
11.2 Use of Information
We use collected information solely for: (a) processing and fulfilling orders; (b) communicating about orders and services; (c) providing customer support; (d) complying with legal obligations; and (e) improving our services and customer experience.
11.3 Information Sharing
We do not sell, rent, or share your personal information with third parties except: (a) with service providers necessary to fulfill orders (payment processors, shipping carriers); (b) when required by law or legal process; (c) to protect our rights or property; or (d) with your explicit consent.
11.4 Data Security
We implement reasonable security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
11.5 Data Retention
We retain personal information only as long as necessary to fulfill the purposes outlined in this Section or as required by law. Order records may be retained for business and tax purposes as required by applicable regulations.
11.6 Your Rights
You may request access to, correction of, or deletion of your personal information by contacting us at seden@scottedenphotography.com. We will respond to such requests in accordance with applicable law.
12. LIMITATION OF LIABILITY
12.1 Maximum Liability Limit
To the maximum extent permitted by law, our total liability to you for any and all claims arising from or related to these Terms, your orders, or our services, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total amount paid by you for the specific print order giving rise to the claim.
12.2 Exclusion of Consequential Damages
In no event shall we be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to: (a) loss of profits or revenue; (b) loss of business opportunities; (c) loss of data or information; (d) cost of substitute goods or services; (e) emotional distress; or (f) any other intangible losses, even if we have been advised of the possibility of such damages.
12.3 Time Limitation for Claims
Any claim against us must be brought within three (3) years after the cause of action arises, or such claim shall be forever barred. This limitation period begins to run on the date of delivery of the relevant order or the date when delivery should have occurred.
12.4 Third Party Actions
We are not responsible for the actions, errors, omissions, representations, warranties, breaches, or negligence of any third parties, including shipping carriers, payment processors, or other service providers, or for any personal injuries, death, or property damage that may result therefrom.
12.5 Acknowledgment
You acknowledge that the limitations of liability set forth in this Section are reasonable and that you would not enter into this Agreement without these limitations. These limitations shall apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
13. AGE RESTRICTIONS AND LEGAL CAPACITY
13.1 Minimum Age Requirement
Our services are available only to individuals who are eighteen (18) years of age or older and who have the legal capacity to enter into binding contracts under applicable law.
13.2 Minor Customer Orders
If you are under eighteen (18) years of age, you may not place orders directly. Orders for minors must be placed by a parent or legal guardian who: (a) is eighteen (18) years of age or older; (b) has legal authority to act on behalf of the minor; (c) agrees to be personally bound by these Terms; and (d) accepts full responsibility for all obligations under the order.
13.3 Parental Responsibility
Parents or legal guardians placing orders on behalf of minors are fully responsible for: (a) ensuring compliance with all Terms; (b) all payment obligations; (c) all representations and warranties regarding submitted images; (d) supervising the minor’s use of our services; and (e) any claims or damages arising from the minor’s actions.
13.4 Age Verification
We reserve the right to request age verification or proof of parental consent at any time. Failure to provide satisfactory verification may result in order cancellation and account termination.
13.5 Legal Capacity Representation
By placing an order, you represent that you have the legal capacity to enter into this Agreement and that you are not subject to any legal disability that would prevent you from being bound by these Terms.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1 Informal Resolution Requirement
Before initiating any formal dispute resolution process, the parties agree to attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or our services through direct negotiation. Either party may initiate informal resolution by providing written notice to the other party describing the dispute and proposed resolution.
14.2 Negotiation Period
The parties shall engage in good faith negotiations for a period of thirty (30) days following receipt of written notice of a dispute. During this period, both parties agree to participate in at least one substantive discussion regarding resolution of the dispute.
14.3 Binding Arbitration
If informal resolution is unsuccessful, any dispute, claim, or controversy arising from or relating to these Terms, your orders, or our services shall be resolved through binding arbitration conducted in accordance with applicable arbitration procedures. There is no exception to arbitration.
14.4 Arbitration Procedures
Arbitration shall be conducted as follows: (a) the arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules; (b) the arbitration shall take place in Anne Arundel County, Maryland, or by telephone or video conference if agreed by both parties; (c) the arbitrator shall apply Maryland law; (d) the arbitration shall be confidential; and (e) the arbitrator’s decision shall be final and binding. The exclusive venue for any and all claims is Anne Arundel County, Maryland.
14.5 Arbitration Costs
Each party shall bear its own costs and attorneys’ fees in arbitration, except that the arbitrator may award costs and fees to the prevailing party if permitted by applicable law. The parties shall equally share the arbitrator’s fees and administrative costs unless the arbitrator determines otherwise.
14.6 Class Action Waiver
Both parties waive any right to participate in class action lawsuits or class-wide arbitration. All disputes must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
15. FORCE MAJEURE
15.1 Force Majeure Events
We shall be excused from performance of our obligations under these Terms during any period in which such performance is prevented, delayed, or made impracticable by any act of God, fire, flood, earthquake, explosion, accident, storm, or other natural disaster; war, terrorism, civil unrest, or government action; labor disputes, strikes, or work stoppages; epidemic, pandemic, or public health emergency; failure or delay of suppliers, vendors, or service providers; interruption of utilities or telecommunications; or any other cause beyond our reasonable control (“Force Majeure Event”).
15.2 Notice Requirement
Upon becoming aware of a Force Majeure Event that may affect our performance, we will provide prompt notice to affected customers describing the nature of the event and its expected impact on order fulfillment.
15.3 Mitigation Efforts
During any Force Majeure Event, we will use commercially reasonable efforts to minimize delays and continue performance to the extent possible under the circumstances.
15.4 Customer Options During Force Majeure
If a Force Majeure Event prevents or delays fulfillment of your order for more than thirty (30) days, we will offer you the following options: (a) continue with the order and accept the delay; (b) receive a full refund of amounts paid; or (c) receive a credit for future orders equal to the amount paid.
15.5 Extended Force Majeure
If a Force Majeure Event continues for more than ninety (90) days, either party may terminate affected orders without penalty by providing written notice to the other party.
15.6 No Liability for Force Majeure
Neither party shall be liable for any failure or delay in performance caused by a Force Majeure Event, and such failure or delay shall not constitute a breach of these Terms.
16. GOVERNING LAW AND JURISDICTION
16.1 Governing Law
These Terms and any disputes arising from or relating to these Terms, your orders, or our services shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.
16.2 Federal Law Application
Where federal law applies to any aspect of these Terms or our services, such federal law shall govern to the extent required.
16.3 International Customers
International customers acknowledge that these Terms are governed by Maryland law and that any disputes will be resolved in Maryland courts or through arbitration in Maryland, regardless of the customer’s location.
17. MODIFICATION OF TERMS
17.1 Right to Modify
We reserve the right to modify, update, or revise these Terms at any time in our sole discretion to reflect changes in our business practices, legal requirements, or for any other reason.
17.2 Notice of Changes
We will provide at least thirty (30) days advance notice of any material changes to these Terms by sending notice to the email address associated with your most recent order or by posting notice on our website. Non-material changes may be made without advance notice.
17.3 Effective Date of Changes
Modified Terms will become effective thirty (30) days after notice is provided, unless you object to the changes as provided in Section 17.4. Your continued use of our services after the effective date constitutes acceptance of the modified Terms.
17.4 Objection to Changes
If you object to any modifications, you may terminate your relationship with us by providing written notice within thirty (30) days of receiving notice of the changes. Orders placed before the effective date of changes will be governed by the Terms in effect at the time of order placement.
17.5 No Retroactive Effect
Modifications to these Terms will not apply retroactively to orders placed before the effective date of the modifications, unless required by law or unless the modifications are beneficial to customers.
18. MISCELLANEOUS PROVISIONS
18.1 Entire Agreement
These Terms constitute the entire agreement between you and Scott Eden Photography LLC regarding the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to such subject matter.
18.2 Severability
If any provision of these Terms, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of these Terms shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from these Terms. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations.
18.3 Waiver
No waiver of any provision of these Terms or any breach thereof shall be deemed a waiver of any other provision or any subsequent breach. Any waiver must be in writing and signed by the party against whom the waiver is sought to be enforced.
18.4 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms or any rights or obligations hereunder without restriction. Any attempted assignment in violation of this Section shall be null and void.
18.5 Independent Contractors
The parties are independent contractors, and these Terms do not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
18.6 Survival
The following Sections shall survive termination of these Terms: Sections 8 (Returns, Refunds, and Cancellations), 10 (Customer Representations and Intellectual Property Indemnification), 11 (Privacy and Data Collection), 12 (Limitation of Liability), 14 (Dispute Resolution and Arbitration), 16 (Governing Law and Jurisdiction), and 18 (Miscellaneous Provisions).
18.7 Headings
The headings and captions used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
18.8 Construction
These Terms shall be construed fairly and reasonably, and neither more strongly for nor against either party, regardless of which party drafted these Terms or any particular provision.
18.9 Electronic Delivery
All notices, communications, and documents may be delivered electronically to the email addresses provided by the parties, and such electronic delivery shall constitute valid delivery for all purposes.
18.10 Contact Information
All notices to us under these Terms should be sent to:
Scott Eden Photography LLC
2811 Deepwater Trail
Edgewater, Maryland 21037
Email: seden@scottedenphotography.com
18.11 Effective Date
These Terms are effective as of [DATE] and remain in effect until modified in accordance with Section 17.
BY PLACING AN ORDER OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.